Rule 80101: Category of Facilities and Authorized Users

Details

Series

80000: Facilities

Date Approved

Date Last Amended

Office(s) Responsible for Rule

Office of Academic Affairs 
Office of Health Affairs

1.  Title

Category of Facilities and Authorized Users

2.  Rule and Regulation

Sec. 1  Category of Facility.    The common outdoor areas of property owned or controlled by The University of Texas System are traditional public forums and generally open to assembly, speech, and other expressive activities, subject to reasonable restrictions on time, place, and manner. All other property and buildings owned or controlled by The University of Texas System are not open for assembly, speech, or other expressive activities. The responsibility of the Board of Regents to operate and maintain an effective and efficient system of institutions of higher education requires that the time, place, and manner of assembly, speech, and other activities on all property and in the buildings of the U. T. System Administration or any of the institutions be regulated. Acting pursuant to the general authority of Texas Education Code, Chapter 65, and the specific authority of Texas Education Code, Chapter 51, the Board adopts and promulgates rules related to the use of buildings and property for purposes other than programs and activities related to the role and mission of the U. T. System Administration and the institutions.

Sec. 2  Authorized Users.   No person, organization, group, association, or corporation may use property or buildings owned or controlled by the U. T. System Administration or any of the institutions for any purpose other than in the course of the regular programs or activities related to the role and mission of the U. T. System Administration and the institutions, unless authorized by the Regents' Rules and Regulations. Any authorized use must be conducted in compliance with the provisions of the Regents' Rules and Regulations, the approved rules and regulations of the institution, and applicable federal, State, and local laws and regulations.

Sec. 3  Identification Required.   

(a)  Pursuant to the authority conferred upon the Board of Regents by Texas Education Code Section 51.209, in order to protect the safety and welfare of students, employees, patients, and other participants in the programs and activities of the U. T. System Administration and the institutions and to protect the property and buildings of the U. T. System Administration and the institutions, it shall be unlawful for any person who is on any property or in a building owned or controlled by the U. T. System Administration or any of the institutions to refuse to identify himself or herself in response to a request by an authorized representative or any peace officer of the U. T. System acting pursuant to authority of Texas law. For purposes of this Section, authorized representative is any member of the Board of Regents, any executive or administrative officer of the U. T. System Administration or U. T. System institutions, public safety officers, and any secondary delegate as determined by the rules promulgated by U. T. System Administration or each institution. A person identifies himself or herself by stating truthfully: (1) his or her name and complete address, as substantiated by a current driver's license or other official documentation; and (2) his or her legitimate business on U. T. property.

(b)  Pursuant to Section 51.209 of the Texas Education Code, authorized representatives may refuse to allow individuals who do not identify themselves or who have no legitimate business to enter or remain on U. T. property and may eject such individuals on their refusal to leave peaceably on request. Legitimate business includes engaging in assembly, speech, and other expressive activities where authorized by the Regents’ Rules and Regulations. Students, faculty, or staff who refuse to identify themselves in accordance with this Rule are also subject to disciplinary action. Students, faculty, or staff who refuse to identify themselves in accordance with this Rule are also subject to disciplinary action.

3.  Definitions

None

4.  Relevant Federal and State Statutes 

Texas Education Code, Chapter 65 – Administration of The University of Texas System 
Texas Education Code Section 51.202 – Rules and Regulations, Penalty 
Texas Education Code Section 51.209 – Unauthorized Persons; Refusal of Entry, Ejection, Identification 
Texas Education Code Section 51.9315 – Protected Expression on Campus

5.  Relevant System Policies, Procedures, and Forms 

Regents’ Rules and Regulations, Rule 40501 – Speech and Assembly
Regents’ Rules and Regulations, Rule 80103 – Solicitation 

6.  Who Should Know 

Administrators 
Faculty 
Staff 
Students 
Police Officers 

7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 

8.  Dates Approved or Amended 

Regents’ Rules Revision History 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: 
•  bor@utsystem.edu