S.B. No. 2972 aims to enhance the protection of expressive activities at public institutions of higher education in Texas. The bill defines "expressive activities" to include various forms of speech and conduct protected by the First Amendment and the Texas Constitution, while explicitly excluding commercial speech, defamation, unlawful harassment, incitement to unlawful activity, obscenity, and threats. It amends existing definitions and clarifies that both students and employees of these institutions have the right to assemble peacefully for expressive activities. The bill also allows institutions to impose reasonable restrictions on the time, place, and manner of these activities, provided they do not materially disrupt the institution's functioning.
Additionally, the bill mandates that each institution adopt a policy outlining the rights and responsibilities of students and employees regarding expressive activities. This policy must include provisions for engaging in expressive activities, prohibitions on certain disruptive behaviors, and disciplinary measures for violations. Notably, the bill allows institutions to differentiate between the rights of students and employees versus those of non-affiliated individuals regarding expressive activities. The changes will take effect starting with the 2025-2026 academic year, unless the bill receives immediate approval from the legislature.
Statutes affected: Introduced: Education Code 51.9315 (Education Code 51)
Senate Committee Report: Education Code 51.9315 (Education Code 51)
Engrossed: Education Code 51.9315 (Education Code 51)
House Committee Report: Education Code 51.9315 (Education Code 51)