Bill Text: TX HB832 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to procedures regarding hearings and meetings held by or involving the University Interscholastic League.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB832 Detail]
Download: Texas-2025-HB832-Introduced.html
89R3668 TSS-F | ||
By: Gervin-Hawkins | H.B. No. 832 |
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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. |