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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for hearings conducted by the |
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University Interscholastic League. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Education Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS |
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Sec. 33.125. DEFINITIONS. In this subchapter: |
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(1) "League" means the University Interscholastic |
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League. |
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(2) "Legislative council" means the governing body of |
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the league that proposes, implements, and administers rules and |
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procedures for the league as provided by this chapter. |
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Sec. 33.126. CONSTITUTION AND CONTEST RULES. (a) The |
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legislative council shall amend the league's constitution and |
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contest rules as necessary to comply with this subchapter and |
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submit the proposed amended constitution and rules to the |
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commissioner for approval. The commissioner may not approve a |
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provision of the proposed constitution or a rule submitted by the |
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league that conflicts with the requirements of this subchapter. |
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(b) The league's constitution and contest rules must: |
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(1) clearly describe the procedure, process, and |
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timing for a hearing held by, the reconsideration of a decision made |
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by, or an appeal taken from a decision made by the league's state |
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executive committee; and |
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(2) provide a person or school district guidance for |
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actions available following the exhaustion of administrative |
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remedies. |
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Sec. 33.127. STATE EXECUTIVE COMMITTEE DUTIES. The state |
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executive committee: |
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(1) must accept any appeal taken from a decision of the |
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district executive committee; and |
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(2) may not impose a penalty until the penalty is |
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reviewed and approved by the commissioner. |
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Sec. 33.128. LEAGUE CONTEST RULES. The rules of the league |
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shall, for any meeting or hearing by the district executive |
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committee or state executive committee regarding a violation of |
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league contest rules by a person or school district campus: |
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(1) require the burden of proof to be borne by the |
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person alleging a violation or the district executive committee or |
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state executive committee if the committee alleges the violation; |
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(2) require the meeting or hearing to be audio and |
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video recorded and made accessible through the league's Internet |
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website not later than 24 hours after the end of the meeting or |
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hearing; |
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(3) require the district executive committee or state |
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executive committee to provide written notice, including a list of |
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any evidence or witnesses the committee intends to present at the |
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hearing or meeting relating to the relevant violation, at least |
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five business days before the date of any hearing or meeting to each |
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person or campus involved in an alleged violation of league contest |
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rules that will be discussed at the hearing or meeting; |
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(4) prohibit investigation or use of an anonymous |
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complaint by the district executive committee or state executive |
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committee; |
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(5) require testimony presented by a person or campus, |
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the district executive committee, or the state executive committee, |
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against a person or school district campus to be provided in person, |
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under oath, and subject to cross-examination; |
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(6) to the extent practicable, require the application |
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of the Texas Rules of Evidence to the meeting or hearing in the same |
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manner those rules apply in a court of law; |
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(7) require the district executive committee or state |
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executive committee to ensure the presence of an attorney licensed |
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in this state at each meeting and hearing to ensure compliance with |
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applicable law and the league's constitution and contest rules; |
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(8) permit a person or campus to: |
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(A) be represented by legal counsel; and |
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(B) participate, on the person's or campus's own |
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behalf or through legal counsel, including by allowing: |
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(i) opening statements; |
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(ii) closing statements; |
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(iii) cross-examination of witnesses; and |
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(iv) submission of and objections to |
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evidence consistent with the Texas Rules of Evidence; |
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(9) prohibit the district executive committee or state |
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executive committee from setting a predetermined time limit on the |
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duration of the meeting or hearing; and |
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(10) require the district executive committee or state |
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executive committee to include in any decision of the committee |
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issued after a meeting or hearing written findings of fact |
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addressing the witness testimony and any evidence presented. |
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Sec. 33.129. SUBPOENA. On the motion of any party to a |
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hearing or meeting relating to an alleged violation of league |
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contest rules, a district executive committee or the state |
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executive committee may issue an administrative subpoena to compel |
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the production of records relating to the hearing or meeting or the |
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attendance of any person at the hearing or meeting. |
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SECTION 2. Subchapter D-1, Chapter 33, Education Code, as |
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added by this Act, applies only to a meeting or hearing conducted by |
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a district executive committee, the state executive committee, or |
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any other committee of the University Interscholastic League |
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commenced on or after the effective date of this Act. A meeting or |
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hearing commenced before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |