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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings held by or involving the University |
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Interscholastic League. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Education Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. UNIVERSITY INTERSCHOLASTIC LEAGUE HEARINGS |
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Sec. 33.121. DEFINITIONS. In this subchapter: |
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(1) "League" means the University Interscholastic |
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League. |
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(2) "Legislative council" means the governing body of |
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the league that proposes, implements, and administers rules and |
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procedures for the league as provided by this chapter. |
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Sec. 33.122. CONSTITUTION AND CONTEST RULES. (a) The |
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legislative council shall amend the league's constitution and |
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contest rules as necessary to comply with this subchapter and |
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submit the proposed amended constitution and rules to the |
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commissioner for approval. The commissioner may not approve a |
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provision of the proposed constitution or a rule submitted by the |
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league that conflicts with the requirements of this subchapter. |
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(b) The league's constitution and contest rules must: |
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(1) clearly describe the procedure, process, and |
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timing for a hearing held by, the reconsideration of a decision made |
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by, or an appeal taken from a decision made by the league's district |
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executive committee and state executive committee; and |
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(2) provide a person or school district guidance for |
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actions available following the exhaustion of administrative |
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remedies. |
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Sec. 33.123. DISTRICT EXECUTIVE COMMITTEE DUTIES. (a) A |
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district executive committee shall, when holding a hearing or |
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meeting relating to a violation of a league contest rule by a person |
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or school district campus: |
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(1) hold the hearing or meeting in a school district in |
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which the person or campus does not compete; |
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(2) permit the person or campus to object to a member |
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of the committee's participation in the hearing or meeting due to |
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the member's conflict of interest and resolve the objection before |
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holding the hearing or meeting; and |
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(3) allow a person or campus to appeal the decision of |
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the committee before an administrative law judge in accordance with |
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Section 33.127. |
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(b) In a hearing by the district executive committee to |
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determine whether a student changed schools for an athletic |
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purpose, the committee: |
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(1) must give the greatest weight in the determination |
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of the purpose of the student's change in schools given by the |
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student's parent or person standing in parental relation; |
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(2) may only consider the student's unhappiness with a |
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coach at the student's previous school as a minor indicator of the |
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purpose of the student's change in schools; |
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(3) may consider the student's removal from |
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participation in Amateur Athletic Union athletics or other club |
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athletics as an indicator of the purpose of the student's change in |
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schools; and |
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(4) may impose as a penalty for a student determined to |
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have changed schools for an athletic purpose a prohibition from |
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varsity league athletics of not more than one year. |
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Sec. 33.124. STATE EXECUTIVE COMMITTEE DUTIES. The state |
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executive committee: |
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(1) must accept any appeal taken from a decision of the |
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district executive committee; and |
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(2) may not impose a penalty until the penalty is |
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reviewed and approved by the commissioner. |
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Sec. 33.125. LEAGUE CONTEST RULES. The rules of the league |
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shall, for any hearing or meeting by the district executive |
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committee or state executive committee regarding a violation of |
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league contest rules by a person or school district campus: |
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(1) require the burden of proof to be borne by the |
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person alleging a violation or the district executive committee or |
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state executive committee if the committee alleges the violation; |
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(2) provide that only the minimum penalty applicable |
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may be imposed for the first violation by the person or campus; |
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(3) require the hearing or meeting to be audio- and |
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video-recorded and made accessible through the league's Internet |
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website not later than 24 hours after the end of the hearing or |
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meeting; |
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(4) require the district executive committee or state |
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executive committee to provide written notice, including a list of |
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any evidence or witnesses the committee intends to present at the |
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hearing or meeting relating to the relevant violation, at least |
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five business days before the date of any hearing or meeting to each |
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person or campus involved in an alleged violation of league contest |
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rules that will be discussed at the hearing or meeting; |
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(5) prohibit investigation or use of an anonymous |
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complaint by the district executive committee or state executive |
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committee; |
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(6) require testimony presented by a person or campus, |
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the district executive committee, or the state executive committee, |
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against a person or school district campus to be provided in person, |
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under oath, and subject to cross-examination; |
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(7) to the extent practicable, require the application |
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of the Texas Rules of Evidence to the hearing or meeting in the same |
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manner those rules apply in a court of law; |
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(8) require the district executive committee or state |
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executive committee to ensure the presence of an attorney licensed |
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in this state at each hearing and meeting to ensure compliance with |
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applicable law and the league's constitution and contest rules; |
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(9) permit a person or campus to: |
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(A) be represented by legal counsel; and |
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(B) participate, on the person's or campus's own |
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behalf or through legal counsel, including by allowing: |
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(i) opening statements; |
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(ii) closing statements; |
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(iii) cross-examination of witnesses; and |
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(iv) submission of and objections to |
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evidence consistent with the Texas Rules of Evidence; |
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(10) prohibit the district executive committee or |
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state executive committee from setting a predetermined time limit |
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on the duration of the hearing or meeting; and |
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(11) require the district executive committee or state |
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executive committee to include in any decision of the committee |
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issued after a hearing or meeting written findings of fact |
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addressing the witness testimony and any evidence presented. |
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Sec. 33.126. SUBPOENA. On the motion of any party to a |
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hearing or meeting relating to an alleged violation of league |
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contest rules, a district executive committee or the state |
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executive committee may issue an administrative subpoena to compel |
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the production of records relating to the hearing or meeting or the |
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attendance of any person at the hearing or meeting. |
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Sec. 33.127. ADMINISTRATIVE HEARING. (a) A person or |
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school district campus may submit a motion for hearing to the State |
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Office of Administrative Hearings to contest the decision of a |
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district executive committee regarding an alleged violation of |
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league contest rules by that person or campus. The State Office of |
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Administrative Hearings shall grant a motion timely submitted under |
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this subsection. |
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(b) The state executive committee shall stay the imposition |
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of a penalty ordered by a district executive committee until the |
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State Office of Administrative Hearings enters a decision in the |
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matter. |
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(c) An administrative law judge who conducts a hearing under |
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this section shall: |
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(1) consider the matter de novo, without deference to |
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the decision by the district executive committee; |
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(2) determine whether each hearing or meeting of the |
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district executive committee at which the alleged violation was |
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considered was conducted consistently with the laws of this state |
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and the league's constitution and contest rules, and, if not and if |
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appropriate, revise the decision and any recommended penalty; and |
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(3) permit any relevant party to provide testimony or |
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submit relevant evidence. |
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(d) The administrative law judge shall include in the |
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judge's decision written findings of fact and recommendations to |
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the state executive committee for action by that committee. The |
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judge shall permit a relevant party to timely submit a motion for |
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reconsideration of the judge's decision before submitting the |
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judge's decision to the state executive committee. |
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SECTION 2. Subchapter D-1, Chapter 33, Education Code, as |
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added by this Act, applies only to a hearing or meeting conducted by |
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a district executive committee, the state executive committee, or |
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any other committee of the University Interscholastic League |
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commenced on or after the effective date of this Act. A hearing or |
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meeting commenced before the effective date of this Act is governed |
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by the law in effect on the date the hearing or meeting commenced, |
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and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |