1 | 1 | | 89R3671 TSS-D |
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2 | 2 | | By: Gervin-Hawkins H.B. No. 810 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the requirements for hearings and meetings conducted by |
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10 | 10 | | the University Interscholastic League. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 33, Education Code, is amended by adding |
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13 | 13 | | Subchapter D-1 to read as follows: |
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14 | 14 | | SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS AND |
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15 | 15 | | MEETINGS |
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16 | 16 | | Sec. 33.125. DEFINITIONS. In this subchapter: |
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17 | 17 | | (1) "League" means the University Interscholastic |
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18 | 18 | | League. |
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19 | 19 | | (2) "Legislative council" means the governing body of |
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20 | 20 | | the league that proposes, implements, and administers rules and |
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21 | 21 | | procedures for the league as provided by this chapter. |
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22 | 22 | | Sec. 33.126. CONSTITUTION AND CONTEST RULES. (a) The |
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23 | 23 | | legislative council shall amend the league's constitution and |
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24 | 24 | | contest rules as necessary to comply with this subchapter and |
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25 | 25 | | submit the proposed amended constitution and rules to the |
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26 | 26 | | commissioner for approval. The commissioner may not approve a |
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27 | 27 | | provision of the proposed constitution or a rule submitted by the |
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28 | 28 | | league that conflicts with the requirements of this subchapter. |
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29 | 29 | | (b) The league's constitution and contest rules must: |
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30 | 30 | | (1) clearly describe the procedure, process, and |
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31 | 31 | | timing for a hearing or meeting held by, the reconsideration of a |
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32 | 32 | | decision made by, or an appeal taken from a decision made by the |
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33 | 33 | | state executive committee of the league; and |
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34 | 34 | | (2) provide a person or school district campus |
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35 | 35 | | guidance for actions available following the exhaustion of |
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36 | 36 | | administrative remedies. |
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37 | 37 | | Sec. 33.127. STATE EXECUTIVE COMMITTEE DUTIES. The state |
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38 | 38 | | executive committee of the league: |
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39 | 39 | | (1) must accept any appeal taken from a decision of a |
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40 | 40 | | district executive committee of the league; and |
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41 | 41 | | (2) may not impose a penalty until the penalty is |
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42 | 42 | | reviewed and approved by the commissioner. |
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43 | 43 | | Sec. 33.128. LEAGUE CONTEST RULES. The rules of the league |
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44 | 44 | | shall, for any hearing or meeting by a district executive committee |
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45 | 45 | | of the league or the state executive committee of the league |
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46 | 46 | | regarding an alleged violation of league contest rules by a person |
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47 | 47 | | or school district campus: |
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48 | 48 | | (1) require the burden of proof to be borne by the |
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49 | 49 | | person or campus alleging the violation or the district executive |
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50 | 50 | | committee of the league or state executive committee of the league |
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51 | 51 | | if the committee alleges the violation; |
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52 | 52 | | (2) require the hearing or meeting to be audio- and |
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53 | 53 | | video-recorded and made accessible through the league's Internet |
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54 | 54 | | website not later than 24 hours after the end of the hearing or |
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55 | 55 | | meeting; |
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56 | 56 | | (3) require the district executive committee of the |
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57 | 57 | | league or state executive committee of the league to provide, not |
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58 | 58 | | later than five business days before the date of the hearing or |
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59 | 59 | | meeting, written notice of the hearing or meeting, including a list |
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60 | 60 | | of any evidence or witnesses the committee intends to present at the |
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61 | 61 | | hearing or meeting relating to the alleged violation, to each |
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62 | 62 | | person or campus involved in the alleged violation; |
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63 | 63 | | (4) prohibit investigation or use of an anonymous |
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64 | 64 | | complaint by the district executive committee of the league or |
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65 | 65 | | state executive committee of the league; |
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66 | 66 | | (5) require testimony presented by a person or campus, |
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67 | 67 | | the district executive committee of the league, or the state |
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68 | 68 | | executive committee of the league against a person or campus to be |
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69 | 69 | | provided in person, under oath, and subject to cross-examination; |
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70 | 70 | | (6) to the extent practicable, require the Texas Rules |
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71 | 71 | | of Evidence to apply to the hearing or meeting in the same manner as |
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72 | 72 | | those rules apply in a court of law; |
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73 | 73 | | (7) require the district executive committee of the |
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74 | 74 | | league or state executive committee of the league to ensure the |
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75 | 75 | | presence of an attorney licensed in this state at the hearing or |
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76 | 76 | | meeting to ensure compliance with applicable law and the league's |
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77 | 77 | | constitution and contest rules; |
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78 | 78 | | (8) permit a person or campus to: |
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79 | 79 | | (A) be represented by legal counsel; and |
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80 | 80 | | (B) participate, on the person's or campus's own |
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81 | 81 | | behalf or through legal counsel, including by allowing: |
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82 | 82 | | (i) opening statements; |
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83 | 83 | | (ii) closing statements; |
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84 | 84 | | (iii) cross-examination of witnesses; and |
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85 | 85 | | (iv) submission of and objections to |
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86 | 86 | | evidence consistent with the Texas Rules of Evidence; |
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87 | 87 | | (9) prohibit the district executive committee of the |
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88 | 88 | | league or state executive committee of the league from setting a |
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89 | 89 | | predetermined time limit on the duration of the hearing or meeting; |
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90 | 90 | | and |
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91 | 91 | | (10) require the district executive committee of the |
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92 | 92 | | league or state executive committee of the league to include in any |
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93 | 93 | | decision of the committee issued after the hearing or meeting |
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94 | 94 | | written findings of fact addressing the witness testimony and any |
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95 | 95 | | evidence presented. |
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96 | 96 | | Sec. 33.129. SUBPOENA. On the motion of any party to a |
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97 | 97 | | hearing or meeting relating to an alleged violation of league |
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98 | 98 | | contest rules, a district executive committee of the league or the |
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99 | 99 | | state executive committee of the league may issue an administrative |
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100 | 100 | | subpoena to compel the production of records relating to the |
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101 | 101 | | hearing or meeting or the attendance of any person at the hearing or |
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102 | 102 | | meeting. |
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103 | 103 | | SECTION 2. Subchapter D-1, Chapter 33, Education Code, as |
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104 | 104 | | added by this Act, applies only to a hearing or meeting conducted by |
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105 | 105 | | a district executive committee, the state executive committee, or |
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106 | 106 | | any other committee of the University Interscholastic League |
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107 | 107 | | commenced on or after the effective date of this Act. A hearing or |
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108 | 108 | | meeting commenced before the effective date of this Act is governed |
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109 | 109 | | by the law in effect on the date the hearing or meeting commenced. |
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110 | 110 | | SECTION 3. This Act takes effect September 1, 2025. |
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