89R3668 TSS-F
By: Gervin-Hawkins H.B. No. 832
A BILL TO BE ENTITLED
AN ACT
relating to procedures regarding hearings and meetings 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 AND
MEETINGS
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 or meeting held by, the reconsideration of a
decision made by, or an appeal taken from a decision made by a
district executive committee of the league or the state executive
committee of the league; and
(2) provide a person or school district campus
guidance for actions available following the exhaustion of
administrative remedies.
Sec. 33.127. DISTRICT EXECUTIVE COMMITTEE DUTIES. (a) A
district executive committee of the league shall, when holding a
hearing or meeting relating to an alleged 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 33.131.
(b) In a hearing by a district executive committee of the
league to determine whether a student changed schools for an
athletic purpose, the committee:
(1) must, in determining the purpose of the student's
change in schools, give the greatest weight to the purpose 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. 33.128. STATE EXECUTIVE COMMITTEE DUTIES. The state
executive committee of the league:
(1) must accept any appeal taken from a decision of a
district executive committee of the league; and
(2) may not impose a penalty until the penalty is
reviewed and approved by the commissioner.
Sec. 33.129. LEAGUE CONTEST RULES. The rules of the league
shall, for any hearing or meeting by a district executive committee
of the league or the state executive committee of the league
regarding an alleged violation of league contest rules by a person
or school district campus:
(1) require the burden of proof to be borne by the
person or campus alleging the violation or the district executive
committee of the league or state executive committee of the league
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 of the
league or state executive committee of the league to provide, not
later than five business days before the date of the hearing or
meeting, written notice of the hearing or meeting, including a list
of any evidence or witnesses the committee intends to present at the
hearing or meeting relating to the alleged violation, to each
person or campus involved in the alleged violation;
(5) prohibit investigation or use of an anonymous
complaint by the district executive committee of the league or
state executive committee of the league;
(6) require testimony presented by a person or campus,
the district executive committee of the league, or the state
executive committee of the league against a person or campus to be
provided in person, under oath, and subject to cross-examination;
(7) to the extent practicable, require the Texas Rules
of Evidence to apply to the hearing or meeting in the same manner as
those rules apply in a court of law;
(8) require the district executive committee of the
league or state executive committee of the league to ensure the
presence of an attorney licensed in this state at the hearing or
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 of the
league or state executive committee of the league from setting a
predetermined time limit on the duration of the hearing or meeting;
and
(11) require the district executive committee of the
league or state executive committee of the league to include in any
decision of the committee issued after the hearing or meeting
written findings of fact addressing the witness testimony and any
evidence presented.
Sec. 33.130. 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 of the league or the
state executive committee of the league 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. 33.131. 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 of the league 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 of the league shall stay
the imposition of a penalty ordered by a district executive
committee of the league 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 of the league;
(2) determine whether each hearing or meeting of the
district executive committee of the league 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 of the league 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 of
the league.
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 September 1, 2025.