HB 3129 — Higher education; protected expressive activities on campus; prohibiting public institutions of higher education from charging a security fee for certain expression; effective date; emergency.

HOUSEENGROSSED OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

West (Kevin) of the House and Sacchieri of the Senate 95 COMMITTEE7 SUBSTITUTE An Act relating to higher education;

prohibitingpermitting public institutions of higher education fromto chargingcharge a security feefees to students and student organization as part of an application for certainexpressive expression;activities;

prohibiting public institutions of higher education from charging security fees based on the content of the student's or student organization's expression, the content of the student's or student organization's invited guest's expression, or the anticipated reaction to the student's, student organization's, or invited guest's expression;

requiring any required security fee be based on content- and viewpoint-neutral criteria;

directing public institutions of higher education to publish criteria on its website;

requiring public institutions of higher education to provide notice to a student or student organization prior to the expressive activity and explanation of the security fee to be charged;

SectionENGR. 2120.

H.

B.

NO.

3129 Page 1 Section 2120.

HB3129 HFLR Page 1 BOLD FACE denotes Committee Amendments.

"Campus community" means students, administrators, facultyfaculty, and staff at the public institution of higher education and their invited guests;

"Harassment" means only that expression that is unwelcome, so severe, pervasivepervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the public institution of higher education;

"Materially and substantially disrupts" means when a person, with the intent to or with knowledge of doing so, significantly hinders another person's or group's expressive activity, prevents the communication of the messagemessage, or prevents the transaction of the business of a lawful meeting, gatheringgathering, or procession by:

engaging in fighting, violentviolent, or other unlawful behavior, or b.

physically blocking or using threats of violence to prevent any person from attending, listening to, viewingviewing, or otherwise participating in an expressive activity.

Such protected conduct includes, but is not limited to, lawfulENGR. protests in the outdoor areas of campus HB3129 HFLR Page 2 BOLD FACE denotes Committee Amendments.

generallyH. accessible to the members of the public, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration;

B.

NO.

3129 Page 2 lawful protests in the outdoor areas of campus generally accessible to the members of the public, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration;

"Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkwayswalkways, or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community;

Expressive activities protected under the provisions of this section includeinclude, but are not limited toto, any lawful verbal, written, audio-visualaudio-visual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful HB3129ENGR. HFLR Page 3 BOLD FACE denotes Committee Amendments.

assembly,H. protests, speeches and guest speakers, distribution of literature, carrying signs and circulating petitions.

B.

NO.

3129 Page 3 assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.

Public institutions of higher education may maintain and enforce reasonable time, placeplace, and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteriacriteria, and provide for ample alternative means of expression.

HB3129ENGR. HFLR Page 4 BOLD FACE denotes Committee Amendments.

2.H.

NothingB. in this subsection shall prohibit public institutions of higher education from maintaining and enforcing reasonable time, place and manner restrictions that are narrowly tailored to serve a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint- neutral criteria.

AnyNO. such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak and distribute literature.

3129 Page 4 2.

Nothing in this subsection shall prohibit public institutions of higher education from maintaining and enforcing reasonable time, place, and manner restrictions that are narrowly tailored to serve a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint- neutral criteria.

Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak, and distribute literature.

Nothing in this subsection shall be interpreted as preventing public institutions of higher education from prohibiting, limitinglimiting, or restricting expression that the First Amendment does not protect or prohibiting harassment as defined by this section.

Nothing in this section shall enable individuals to engage in conduct that intentionally, materiallymaterially, and substantially disrupts another person's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.

Public1. institutions of higher education shall not charge security fees to a student or student organization based on the content of the student's or student organization's expression nor the content of the student's or student organization's invited guest's expression.