Perry Bill Lets Student Groups Sue Colleges Over Their Viewpoint

The text as introduced · 413 words

89R785 JTZ-F

By: Perry
S.B. No. 306

A BILL TO BE ENTITLED

AN ACT

relating to the protection of expressive activities at public

institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.9315, Education Code, is amended by

amending Subsection (g) and adding Subsections (k), (l), (m), and

(n) to read as follows:

(g) An institution of higher education may not take action

against a student organization or deny the organization any benefit

generally available to other student organizations at the

institution on the basis of :

(1) a political, religious, philosophical,

ideological, or academic viewpoint expressed by the organization or

of any expressive activities of the organization ; or

(2) a requirement of the organization that the

organization's leaders or members:

(A) affirm and adhere to the organization's

sincerely held beliefs;

(B) comply with the organization's standards of

conduct; or

(C) further the organization's mission or

purpose .

(k) Not later than the first anniversary of the date a

person or student organization's expressive rights were allegedly

violated by an institution of higher education under this section,

the person or organization may bring an action against the

institution for:

(1) a declaratory judgment under Chapter 37, Civil

Practice and Remedies Code; or

(2) an injunction to prevent the institution from

further violating this section.

(l) For purposes of computing the limitation period under

Subsection (k), each day of a continuing violation of this section,

including each day a rule or policy of an institution of higher

education that violates this section remains in effect, constitutes

a separate violation.

(m) A person or student organization may raise a violation

of this section against the person or organization as a defense or

counterclaim in any relevant civil, administrative, or

disciplinary proceedings brought against the person or

organization by the institution of higher education.

(n) An institution of higher education's sovereign immunity

to suit and from liability is waived and abolished to the extent of

liability created under this section.

SECTION 2. Section 51.9315, Education Code, as amended by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act. A cause of action that accrued

before the effective date of this Act is governed by the law in

effect immediately before the effective date of this Act, and that

law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.