88R14311 JES-D
By: Gervin-Hawkins H.B. No. 4461
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for hearings 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
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 held by, the reconsideration of a decision made
by, or an appeal taken from a decision made by the league's state
executive committee; and
(2) provide a person or school district guidance for
actions available following the exhaustion of administrative
remedies.
Sec. 33.127. STATE EXECUTIVE COMMITTEE DUTIES. The state
executive committee:
(1) must accept any appeal taken from a decision of the
district executive committee; 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 meeting or hearing by the district executive
committee or state executive committee regarding a violation of
league contest rules by a person or school district campus:
(1) require the burden of proof to be borne by the
person alleging a violation or the district executive committee or
state executive committee if the committee alleges the violation;
(2) require the meeting or hearing 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 meeting or
hearing;
(3) require the district executive committee or state
executive committee to provide written notice, including a list of
any evidence or witnesses the committee intends to present at the
hearing or meeting relating to the relevant violation, at least
five business days before the date of any hearing or meeting to each
person or campus involved in an alleged violation of league contest
rules that will be discussed at the hearing or meeting;
(4) prohibit investigation or use of an anonymous
complaint by the district executive committee or state executive
committee;
(5) require testimony presented by a person or campus,
the district executive committee, or the state executive committee,
against a person or school district campus to be provided in person,
under oath, and subject to cross-examination;
(6) to the extent practicable, require the application
of the Texas Rules of Evidence to the meeting or hearing in the same
manner those rules apply in a court of law;
(7) require the district executive committee or state
executive committee to ensure the presence of an attorney licensed
in this state at each meeting and hearing 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 or state
executive committee from setting a predetermined time limit on the
duration of the meeting or hearing; and
(10) require the district executive committee or state
executive committee to include in any decision of the committee
issued after a meeting or hearing 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 or the state
executive committee 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 meeting or hearing 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 meeting or
hearing commenced before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.