The bill, S.B. No. 2972, aims to enhance the protection of expressive activities at public institutions of higher education in Texas. It 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. The bill amends existing definitions and policies to clarify that both students and employees of these institutions have the right to assemble and engage in expressive activities on campus, provided they do not disrupt institutional functions. It also allows institutions to impose reasonable restrictions on the time, place, and manner of these activities, as long as such restrictions are narrowly tailored and do not infringe on the rights of students and employees.

Additionally, the bill mandates that each institution adopt a policy outlining the rights and responsibilities related to expressive activities, which must include provisions for disciplinary actions against those who interfere with others' expressive rights. New prohibitions are introduced, such as restrictions on sound amplification during class hours and engaging in activities that conceal identity with the intent to obstruct law enforcement. The bill also 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, pending legislative approval for immediate enactment.

Statutes affected:
Introduced: Education Code 51.9315 (Education Code 51)