Texas 2025 - 89th Regular

Texas House Bill HB810 Compare Versions

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11 89R3671 TSS-D
22 By: Gervin-Hawkins H.B. No. 810
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the requirements for hearings and meetings conducted by
1010 the University Interscholastic League.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 33, Education Code, is amended by adding
1313 Subchapter D-1 to read as follows:
1414 SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS AND
1515 MEETINGS
1616 Sec. 33.125. DEFINITIONS. In this subchapter:
1717 (1) "League" means the University Interscholastic
1818 League.
1919 (2) "Legislative council" means the governing body of
2020 the league that proposes, implements, and administers rules and
2121 procedures for the league as provided by this chapter.
2222 Sec. 33.126. CONSTITUTION AND CONTEST RULES. (a) The
2323 legislative council shall amend the league's constitution and
2424 contest rules as necessary to comply with this subchapter and
2525 submit the proposed amended constitution and rules to the
2626 commissioner for approval. The commissioner may not approve a
2727 provision of the proposed constitution or a rule submitted by the
2828 league that conflicts with the requirements of this subchapter.
2929 (b) The league's constitution and contest rules must:
3030 (1) clearly describe the procedure, process, and
3131 timing for a hearing or meeting held by, the reconsideration of a
3232 decision made by, or an appeal taken from a decision made by the
3333 state executive committee of the league; and
3434 (2) provide a person or school district campus
3535 guidance for actions available following the exhaustion of
3636 administrative remedies.
3737 Sec. 33.127. STATE EXECUTIVE COMMITTEE DUTIES. The state
3838 executive committee of the league:
3939 (1) must accept any appeal taken from a decision of a
4040 district executive committee of the league; and
4141 (2) may not impose a penalty until the penalty is
4242 reviewed and approved by the commissioner.
4343 Sec. 33.128. LEAGUE CONTEST RULES. The rules of the league
4444 shall, for any hearing or meeting by a district executive committee
4545 of the league or the state executive committee of the league
4646 regarding an alleged violation of league contest rules by a person
4747 or school district campus:
4848 (1) require the burden of proof to be borne by the
4949 person or campus alleging the violation or the district executive
5050 committee of the league or state executive committee of the league
5151 if the committee alleges the violation;
5252 (2) require the hearing or meeting to be audio- and
5353 video-recorded and made accessible through the league's Internet
5454 website not later than 24 hours after the end of the hearing or
5555 meeting;
5656 (3) require the district executive committee of the
5757 league or state executive committee of the league to provide, not
5858 later than five business days before the date of the hearing or
5959 meeting, written notice of the hearing or meeting, including a list
6060 of any evidence or witnesses the committee intends to present at the
6161 hearing or meeting relating to the alleged violation, to each
6262 person or campus involved in the alleged violation;
6363 (4) prohibit investigation or use of an anonymous
6464 complaint by the district executive committee of the league or
6565 state executive committee of the league;
6666 (5) require testimony presented by a person or campus,
6767 the district executive committee of the league, or the state
6868 executive committee of the league against a person or campus to be
6969 provided in person, under oath, and subject to cross-examination;
7070 (6) to the extent practicable, require the Texas Rules
7171 of Evidence to apply to the hearing or meeting in the same manner as
7272 those rules apply in a court of law;
7373 (7) require the district executive committee of the
7474 league or state executive committee of the league to ensure the
7575 presence of an attorney licensed in this state at the hearing or
7676 meeting to ensure compliance with applicable law and the league's
7777 constitution and contest rules;
7878 (8) permit a person or campus to:
7979 (A) be represented by legal counsel; and
8080 (B) participate, on the person's or campus's own
8181 behalf or through legal counsel, including by allowing:
8282 (i) opening statements;
8383 (ii) closing statements;
8484 (iii) cross-examination of witnesses; and
8585 (iv) submission of and objections to
8686 evidence consistent with the Texas Rules of Evidence;
8787 (9) prohibit the district executive committee of the
8888 league or state executive committee of the league from setting a
8989 predetermined time limit on the duration of the hearing or meeting;
9090 and
9191 (10) require the district executive committee of the
9292 league or state executive committee of the league to include in any
9393 decision of the committee issued after the hearing or meeting
9494 written findings of fact addressing the witness testimony and any
9595 evidence presented.
9696 Sec. 33.129. SUBPOENA. On the motion of any party to a
9797 hearing or meeting relating to an alleged violation of league
9898 contest rules, a district executive committee of the league or the
9999 state executive committee of the league may issue an administrative
100100 subpoena to compel the production of records relating to the
101101 hearing or meeting or the attendance of any person at the hearing or
102102 meeting.
103103 SECTION 2. Subchapter D-1, Chapter 33, Education Code, as
104104 added by this Act, applies only to a hearing or meeting conducted by
105105 a district executive committee, the state executive committee, or
106106 any other committee of the University Interscholastic League
107107 commenced on or after the effective date of this Act. A hearing or
108108 meeting commenced before the effective date of this Act is governed
109109 by the law in effect on the date the hearing or meeting commenced.
110110 SECTION 3. This Act takes effect September 1, 2025.