bill rewriting UIL hearing procedures, again

The text as introduced · 1,444 words

89R3668 TSS-F

By: Gervin-Hawkins
H.B. No. 832

A BILL TO BE ENTITLED

AN ACT

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.