HB832 - Relating to procedures regarding hearings and meetings held by or involving the University Interscholastic League.

  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.