88S30118 BDP-F
By: Gervin-Hawkins H.B. No. 38
A BILL TO BE ENTITLED
AN ACT
relating to hearings held by or involving 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. 33.121. 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. 33.122. 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 district
executive committee and state executive committee; and
(2) provide a person or school district guidance for
actions available following the exhaustion of administrative
remedies.
Sec. 33.123. DISTRICT EXECUTIVE COMMITTEE DUTIES. (a) A
district executive committee shall, when holding a hearing or
meeting relating to a violation of a league contest rule by a person
or school district campus:
(1) hold the hearing or meeting in a school district in
which the person or campus does not compete;
(2) permit the person or campus to object to a member
of the committee's participation in the hearing or meeting due to
the member's conflict of interest and resolve the objection before
holding the hearing or meeting; and
(3) allow a person or campus to appeal the decision of
the committee before an administrative law judge in accordance with
Section 33.127.
(b) In a hearing by the district executive committee to
determine whether a student changed schools for an athletic
purpose, the committee:
(1) must give the greatest weight in the determination
of the purpose of the student's change in schools given by the
student's parent or person standing in parental relation;
(2) may only consider the student's unhappiness with a
coach at the student's previous school as a minor indicator of the
purpose of the student's change in schools;
(3) may consider the student's removal from
participation in Amateur Athletic Union athletics or other club
athletics as an indicator of the purpose of the student's change in
schools; and
(4) may impose as a penalty for a student determined to
have changed schools for an athletic purpose a prohibition from
varsity league athletics of not more than one year.
Sec. 33.124. 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. 33.125. LEAGUE CONTEST RULES. The rules of the league
shall, for any hearing or meeting 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) provide that only the minimum penalty applicable
may be imposed for the first violation by the person or campus;
(3) 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;
(4) 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;
(5) prohibit investigation or use of an anonymous
complaint by the district executive committee or state executive
committee;
(6) 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;
(7) to the extent practicable, require the application
of the Texas Rules of Evidence to the hearing or meeting in the same
manner those rules apply in a court of law;
(8) require the district executive committee or state
executive committee to ensure the presence of an attorney licensed
in this state at each hearing and meeting to ensure compliance with
applicable law and the league's constitution and contest rules;
(9) 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;
(10) prohibit the district executive committee or
state executive committee from setting a predetermined time limit
on the duration of the hearing or meeting; and
(11) require the district executive committee or state
executive committee to include in any decision of the committee
issued after a hearing or meeting written findings of fact
addressing the witness testimony and any evidence presented.
Sec. 33.126. 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.
Sec. 33.127. ADMINISTRATIVE HEARING. (a) A person or
school district campus may submit a motion for hearing to the State
Office of Administrative Hearings to contest the decision of a
district executive committee regarding an alleged violation of
league contest rules by that person or campus. The State Office of
Administrative Hearings shall grant a motion timely submitted under
this subsection.
(b) The state executive committee shall stay the imposition
of a penalty ordered by a district executive committee until the
State Office of Administrative Hearings enters a decision in the
matter.
(c) An administrative law judge who conducts a hearing under
this section shall:
(1) consider the matter de novo, without deference to
the decision by the district executive committee;
(2) determine whether each hearing or meeting of the
district executive committee at which the alleged violation was
considered was conducted consistently with the laws of this state
and the league's constitution and contest rules, and, if not and if
appropriate, revise the decision and any recommended penalty; and
(3) permit any relevant party to provide testimony or
submit relevant evidence.
(d) The administrative law judge shall include in the
judge's decision written findings of fact and recommendations to
the state executive committee for action by that committee. The
judge shall permit a relevant party to timely submit a motion for
reconsideration of the judge's decision before submitting the
judge's decision to the state executive committee.
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,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.