| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the requirements for hearings and meetings conducted by |
|
|
the University Interscholastic League. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 33, Education Code, is amended by adding |
|
|
Subchapter D-1 to read as follows: |
|
|
SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS AND |
|
|
MEETINGS |
|
|
Sec. 33.125. DEFINITIONS. In this subchapter: |
|
|
(1) "League" means the University Interscholastic |
|
|
League. |
|
|
(2) "Legislative council" means the governing body of |
|
|
the league that proposes, implements, and administers rules and |
|
|
procedures for the league as provided by this chapter. |
|
|
Sec. 33.126. CONSTITUTION AND CONTEST RULES. (a) The |
|
|
legislative council shall amend the league's constitution and |
|
|
contest rules as necessary to comply with this subchapter and |
|
|
submit the proposed amended constitution and rules to the |
|
|
commissioner for approval. The commissioner may not approve a |
|
|
provision of the proposed constitution or a rule submitted by the |
|
|
league that conflicts with the requirements of this subchapter. |
|
|
(b) The league's constitution and contest rules must: |
|
|
(1) clearly describe the procedure, process, and |
|
|
timing for a hearing or meeting held by, the reconsideration of a |
|
|
decision made by, or an appeal taken from a decision made by the |
|
|
state executive committee of the league; and |
|
|
(2) provide a person or school district campus |
|
|
guidance for actions available following the exhaustion of |
|
|
administrative remedies. |
|
|
Sec. 33.127. STATE EXECUTIVE COMMITTEE DUTIES. The state |
|
|
executive committee of the league: |
|
|
(1) must accept any appeal taken from a decision of a |
|
|
district executive committee of the league; and |
|
|
(2) may not impose a penalty until the penalty is |
|
|
reviewed and approved by the commissioner. |
|
|
Sec. 33.128. LEAGUE CONTEST RULES. The rules of the league |
|
|
shall, for any hearing or meeting by a district executive committee |
|
|
of the league or the state executive committee of the league |
|
|
regarding an alleged violation of league contest rules by a person |
|
|
or school district campus: |
|
|
(1) require the burden of proof to be borne by the |
|
|
person or campus alleging the violation or the district executive |
|
|
committee of the league or state executive committee of the league |
|
|
if the committee alleges the violation; |
|
|
(2) require the hearing or meeting to be audio- and |
|
|
video-recorded and made accessible through the league's Internet |
|
|
website not later than 24 hours after the end of the hearing or |
|
|
meeting; |
|
|
(3) require the district executive committee of the |
|
|
league or state executive committee of the league to provide, not |
|
|
later than five business days before the date of the hearing or |
|
|
meeting, written notice of the hearing or meeting, including a list |
|
|
of any evidence or witnesses the committee intends to present at the |
|
|
hearing or meeting relating to the alleged violation, to each |
|
|
person or campus involved in the alleged violation; |
|
|
(4) prohibit investigation or use of an anonymous |
|
|
complaint by the district executive committee of the league or |
|
|
state executive committee of the league; |
|
|
(5) require testimony presented by a person or campus, |
|
|
the district executive committee of the league, or the state |
|
|
executive committee of the league against a person or campus to be |
|
|
provided in person, under oath, and subject to cross-examination; |
|
|
(6) to the extent practicable, require the Texas Rules |
|
|
of Evidence to apply to the hearing or meeting in the same manner as |
|
|
those rules apply in a court of law; |
|
|
(7) require the district executive committee of the |
|
|
league or state executive committee of the league to ensure the |
|
|
presence of an attorney licensed in this state at the hearing or |
|
|
meeting to ensure compliance with applicable law and the league's |
|
|
constitution and contest rules; |
|
|
(8) permit a person or campus to: |
|
|
(A) be represented by legal counsel; and |
|
|
(B) participate, on the person's or campus's own |
|
|
behalf or through legal counsel, including by allowing: |
|
|
(i) opening statements; |
|
|
(ii) closing statements; |
|
|
(iii) cross-examination of witnesses; and |
|
|
(iv) submission of and objections to |
|
|
evidence consistent with the Texas Rules of Evidence; |
|
|
(9) prohibit the district executive committee of the |
|
|
league or state executive committee of the league from setting a |
|
|
predetermined time limit on the duration of the hearing or meeting; |
|
|
and |
|
|
(10) require the district executive committee of the |
|
|
league or state executive committee of the league to include in any |
|
|
decision of the committee issued after the hearing or meeting |
|
|
written findings of fact addressing the witness testimony and any |
|
|
evidence presented. |
|
|
Sec. 33.129. SUBPOENA. On the motion of any party to a |
|
|
hearing or meeting relating to an alleged violation of league |
|
|
contest rules, a district executive committee of the league or the |
|
|
state executive committee of the league may issue an administrative |
|
|
subpoena to compel the production of records relating to the |
|
|
hearing or meeting or the attendance of any person at the hearing or |
|
|
meeting. |
|
|
SECTION 2. Subchapter D-1, Chapter 33, Education Code, as |
|
|
added by this Act, applies only to a hearing or meeting conducted by |
|
|
a district executive committee, the state executive committee, or |
|
|
any other committee of the University Interscholastic League |
|
|
commenced on or after the effective date of this Act. A hearing or |
|
|
meeting commenced before the effective date of this Act is governed |
|
|
by the law in effect on the date the hearing or meeting commenced. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |