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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
feedback