bill making UIL hearings run like court trials

The text as introduced · 886 words

89R3671 TSS-D

By: Gervin-Hawkins
H.B. No. 810

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for hearings and meetings 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 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 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. 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. 33.128. 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) 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;

(3) 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;

(4) prohibit investigation or use of an anonymous

complaint by the district executive committee of the league or

state executive committee of the league;

(5) 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;

(6) 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;

(7) 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;

(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 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

(10) 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. 33.129. 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 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.

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.

SECTION 3. This Act takes effect September 1, 2025.