Bill Text: TX HB4461 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the requirements for hearings conducted by the University Interscholastic League.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Public Education [HB4461 Detail]
Download: Texas-2023-HB4461-Introduced.html
88R14311 JES-D | ||
By: Gervin-Hawkins | H.B. No. 4461 |
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relating to the requirements for hearings conducted by 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. 33.125. 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 held by, the reconsideration of a decision made | ||
by, or an appeal taken from a decision made by the league's state | ||
executive committee; and | ||
(2) provide a person or school district guidance for | ||
actions available following the exhaustion of administrative | ||
remedies. | ||
Sec. 33.127. 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. 33.128. LEAGUE CONTEST RULES. The rules of the league | ||
shall, for any meeting or hearing 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) require the meeting or hearing 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 meeting or | ||
hearing; | ||
(3) 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; | ||
(4) prohibit investigation or use of an anonymous | ||
complaint by the district executive committee or state executive | ||
committee; | ||
(5) 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; | ||
(6) to the extent practicable, require the application | ||
of the Texas Rules of Evidence to the meeting or hearing in the same | ||
manner those rules apply in a court of law; | ||
(7) require the district executive committee or state | ||
executive committee to ensure the presence of an attorney licensed | ||
in this state at each meeting and hearing to ensure compliance with | ||
applicable law and the league's constitution and contest rules; | ||
(8) 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; | ||
(9) prohibit the district executive committee or state | ||
executive committee from setting a predetermined time limit on the | ||
duration of the meeting or hearing; and | ||
(10) require the district executive committee or state | ||
executive committee to include in any decision of the committee | ||
issued after a meeting or hearing written findings of fact | ||
addressing the witness testimony and any evidence presented. | ||
Sec. 33.129. 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. | ||
SECTION 2. Subchapter D-1, Chapter 33, Education Code, as | ||
added by this Act, applies only to a meeting or hearing 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 meeting or | ||
hearing commenced before the effective date of this Act is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |