Texas 2023 - 88th Regular

Texas House Bill HB4461 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R14311 JES-D
2	2	By: Gervin-Hawkins H.B. No. 4461
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements for hearings conducted by the
8	8	University 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 state
30	30	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. STATE EXECUTIVE COMMITTEE DUTIES. The state
35	35	executive committee:
36	36	(1) must accept any appeal taken from a decision of the
37	37	district executive committee; and
38	38	(2) may not impose a penalty until the penalty is
39	39	reviewed and approved by the commissioner.
40	40	Sec. 33.128. LEAGUE CONTEST RULES. The rules of the league
41	41	shall, for any meeting or hearing by the district executive
42	42	committee or state executive committee regarding a violation of
43	43	league contest rules by a person or school district campus:
44	44	(1) require the burden of proof to be borne by the
45	45	person alleging a violation or the district executive committee or
46	46	state executive committee if the committee alleges the violation;
47	47	(2) require the meeting or hearing to be audio and
48	48	video recorded and made accessible through the league's Internet
49	49	website not later than 24 hours after the end of the meeting or
50	50	hearing;
51	51	(3) require the district executive committee or state
52	52	executive committee to provide written notice, including a list of
53	53	any evidence or witnesses the committee intends to present at the
54	54	hearing or meeting relating to the relevant violation, at least
55	55	five business days before the date of any hearing or meeting to each
56	56	person or campus involved in an alleged violation of league contest
57	57	rules that will be discussed at the hearing or meeting;
58	58	(4) prohibit investigation or use of an anonymous
59	59	complaint by the district executive committee or state executive
60	60	committee;
61	61	(5) require testimony presented by a person or campus,
62	62	the district executive committee, or the state executive committee,
63	63	against a person or school district campus to be provided in person,
64	64	under oath, and subject to cross-examination;
65	65	(6) to the extent practicable, require the application
66	66	of the Texas Rules of Evidence to the meeting or hearing in the same
67	67	manner those rules apply in a court of law;
68	68	(7) require the district executive committee or state
69	69	executive committee to ensure the presence of an attorney licensed
70	70	in this state at each meeting and hearing to ensure compliance with
71	71	applicable law and the league's constitution and contest rules;
72	72	(8) permit a person or campus to:
73	73	(A) be represented by legal counsel; and
74	74	(B) participate, on the person's or campus's own
75	75	behalf or through legal counsel, including by allowing:
76	76	(i) opening statements;
77	77	(ii) closing statements;
78	78	(iii) cross-examination of witnesses; and
79	79	(iv) submission of and objections to
80	80	evidence consistent with the Texas Rules of Evidence;
81	81	(9) prohibit the district executive committee or state
82	82	executive committee from setting a predetermined time limit on the
83	83	duration of the meeting or hearing; and
84	84	(10) require the district executive committee or state
85	85	executive committee to include in any decision of the committee
86	86	issued after a meeting or hearing written findings of fact
87	87	addressing the witness testimony and any evidence presented.
88	88	Sec. 33.129. SUBPOENA. On the motion of any party to a
89	89	hearing or meeting relating to an alleged violation of league
90	90	contest rules, a district executive committee or the state
91	91	executive committee may issue an administrative subpoena to compel
92	92	the production of records relating to the hearing or meeting or the
93	93	attendance of any person at the hearing or meeting.
94	94	SECTION 2. Subchapter D-1, Chapter 33, Education Code, as
95	95	added by this Act, applies only to a meeting or hearing conducted by
96	96	a district executive committee, the state executive committee, or
97	97	any other committee of the University Interscholastic League
98	98	commenced on or after the effective date of this Act. A meeting or
99	99	hearing commenced before the effective date of this Act is governed
100	100	by the law in effect immediately before the effective date of this
101	101	Act, and that law is continued in effect for that purpose.
102	102	SECTION 3. This Act takes effect September 1, 2023.