Bill Text: TX HB38 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to hearings held by or involving the University Interscholastic League.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB38 Detail]
Download: Texas-2023-HB38-Introduced.html
| 88S30118 BDP-F | ||
| By: Gervin-Hawkins | H.B. No. 38 | |
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| 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. | ||
