Texas 2023 - 88th Regular

Texas House Bill HB4459 Compare Versions

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Version 2 (New)

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1	1	88R14498 JES-F
2	2	By: Gervin-Hawkins H.B. No. 4459
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the hearings held by or involving the University
8	8	Interscholastic League.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 33, Education Code, is amended by adding
11	11	Subchapter D-1 to read as follows:
12	12	SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS
13	13	Sec. 33.125. DEFINITIONS. In this subchapter:
14	14	(1) "League" means the University Interscholastic
15	15	League.
16	16	(2) "Legislative council" means the governing body of
17	17	the league that proposes, implements, and administers rules and
18	18	procedures for the league as provided by this chapter.
19	19	Sec. 33.126. CONSTITUTION AND CONTEST RULES. (a) The
20	20	legislative council shall amend the league's constitution and
21	21	contest rules as necessary to comply with this subchapter and
22	22	submit the proposed amended constitution and rules to the
23	23	commissioner for approval. The commissioner may not approve a
24	24	provision of the proposed constitution or a rule submitted by the
25	25	league that conflicts with the requirements of this subchapter.
26	26	(b) The league's constitution and contest rules must:
27	27	(1) clearly describe the procedure, process, and
28	28	timing for a hearing held by, the reconsideration of a decision made
29	29	by, or an appeal taken from a decision made by the league's district
30	30	executive committee and state executive committee; and
31	31	(2) provide a person or school district guidance for
32	32	actions available following the exhaustion of administrative
33	33	remedies.
34	34	Sec. 33.127. DISTRICT EXECUTIVE COMMITTEE DUTIES. (a) A
35	35	district executive committee shall, when holding a hearing or
36	36	meeting relating to a violation of a league contest rule by a person
37	37	or school district campus:
38	38	(1) hold the hearing or meeting in a school district in
39	39	which the person or campus does not compete;
40	40	(2) permit the person or campus to object to a member
41	41	of the committee's participation in the hearing or meeting due to
42	42	the member's conflict of interest and resolve the objection before
43	43	holding the hearing or meeting; and
44	44	(3) allow a person or campus to appeal the decision of
45	45	the committee before an administrative law judge in accordance with
46	46	Section 33.131.
47	47	(b) In a hearing by the district executive committee to
48	48	determine whether a student changed schools for an athletic
49	49	purpose, the committee:
50	50	(1) must give the greatest weight in the determination
51	51	of the purpose of the student's change in schools given by the
52	52	student's parent or person standing in parental relation;
53	53	(2) may only consider the student's unhappiness with a
54	54	coach at the student's previous school as a minor indicator of the
55	55	purpose of the student's change in schools;
56	56	(3) may consider the student's removal from
57	57	participation in Amateur Athletic Union athletics or other club
58	58	athletics as an indicator of the purpose of the student's change in
59	59	schools; and
60	60	(4) may impose as a penalty for a student determined to
61	61	have changed schools for an athletic purpose a prohibition from
62	62	varsity league athletics of not more than one year.
63	63	Sec. 33.128. STATE EXECUTIVE COMMITTEE DUTIES. The state
64	64	executive committee:
65	65	(1) must accept any appeal taken from a decision of the
66	66	district executive committee; and
67	67	(2) may not impose a penalty until the penalty is
68	68	reviewed and approved by the commissioner.
69	69	Sec. 33.129. LEAGUE CONTEST RULES. The rules of the league
70	70	shall, for any hearing or meeting by the district executive
71	71	committee or state executive committee regarding a violation of
72	72	league contest rules by a person or school district campus:
73	73	(1) require the burden of proof to be borne by the
74	74	person alleging a violation or the district executive committee or
75	75	state executive committee if the committee alleges the violation;
76	76	(2) provide that only the minimum penalty applicable
77	77	may be imposed for the first violation by the person or campus;
78	78	(3) require the hearing or meeting to be audio- and
79	79	video-recorded and made accessible through the league's Internet
80	80	website not later than 24 hours after the end of the hearing or
81	81	meeting;
82	82	(4) require the district executive committee or state
83	83	executive committee to provide written notice, including a list of
84	84	any evidence or witnesses the committee intends to present at the
85	85	hearing or meeting relating to the relevant violation, at least
86	86	five business days before the date of any hearing or meeting to each
87	87	person or campus involved in an alleged violation of league contest
88	88	rules that will be discussed at the hearing or meeting;
89	89	(5) prohibit investigation or use of an anonymous
90	90	complaint by the district executive committee or state executive
91	91	committee;
92	92	(6) require testimony presented by a person or campus,
93	93	the district executive committee, or the state executive committee,
94	94	against a person or school district campus to be provided in person,
95	95	under oath, and subject to cross-examination;
96	96	(7) to the extent practicable, require the application
97	97	of the Texas Rules of Evidence to the hearing or meeting in the same
98	98	manner those rules apply in a court of law;
99	99	(8) require the district executive committee or state
100	100	executive committee to ensure the presence of an attorney licensed
101	101	in this state at each hearing and meeting to ensure compliance with
102	102	applicable law and the league's constitution and contest rules;
103	103	(9) permit a person or campus to:
104	104	(A) be represented by legal counsel; and
105	105	(B) participate, on the person's or campus's own
106	106	behalf or through legal counsel, including by allowing:
107	107	(i) opening statements;
108	108	(ii) closing statements;
109	109	(iii) cross-examination of witnesses; and
110	110	(iv) submission of and objections to
111	111	evidence consistent with the Texas Rules of Evidence;
112	112	(10) prohibit the district executive committee or
113	113	state executive committee from setting a predetermined time limit
114	114	on the duration of the hearing or meeting; and
115	115	(11) require the district executive committee or state
116	116	executive committee to include in any decision of the committee
117	117	issued after a hearing or meeting written findings of fact
118	118	addressing the witness testimony and any evidence presented.
119	119	Sec. 33.130. SUBPOENA. On the motion of any party to a
120	120	hearing or meeting relating to an alleged violation of league
121	121	contest rules, a district executive committee or the state
122	122	executive committee may issue an administrative subpoena to compel
123	123	the production of records relating to the hearing or meeting or the
124	124	attendance of any person at the hearing or meeting.
125	125	Sec. 33.131. ADMINISTRATIVE HEARING. (a) A person or
126	126	school district campus may submit a motion for hearing to the State
127	127	Office of Administrative Hearings to contest the decision of a
128	128	district executive committee regarding an alleged violation of
129	129	league contest rules by that person or campus. The State Office of
130	130	Administrative Hearings shall grant a motion timely submitted under
131	131	this subsection.
132	132	(b) The state executive committee shall stay the imposition
133	133	of a penalty ordered by a district executive committee until the
134	134	State Office of Administrative Hearings enters a decision in the
135	135	matter.
136	136	(c) An administrative law judge who conducts a hearing under
137	137	this section shall:
138	138	(1) consider the matter de novo, without deference to
139	139	the decision by the district executive committee;
140	140	(2) determine whether each hearing or meeting of the
141	141	district executive committee at which the alleged violation was
142	142	considered was conducted consistently with the laws of this state
143	143	and the league's constitution and contest rules, and, if not and if
144	144	appropriate, revise the decision and any recommended penalty; and
145	145	(3) permit any relevant party to provide testimony or
146	146	submit relevant evidence.
147	147	(d) The administrative law judge shall include in the
148	148	judge's decision written findings of fact and recommendations to
149	149	the state executive committee for action by that committee. The
150	150	judge shall permit a relevant party to timely submit a motion for
151	151	reconsideration of the judge's decision before submitting the
152	152	judge's decision to the state executive committee.
153	153	SECTION 2. Subchapter D-1, Chapter 33, Education Code, as
154	154	added by this Act, applies only to a hearing or meeting conducted by
155	155	a district executive committee, the state executive committee, or
156	156	any other committee of the University Interscholastic League
157	157	commenced on or after the effective date of this Act. A hearing or
158	158	meeting commenced before the effective date of this Act is governed
159	159	by the law in effect immediately before the effective date of this
160	160	Act, and that law is continued in effect for that purpose.
161	161	SECTION 3. This Act takes effect September 1, 2023.