88(3) HB 32 - Introduced version - Bill Text

	88S30119 BDP-D
	By:  Gervin-Hawkins	H.B.  No.  32

Statutes affected:
Introduced: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to the requirements for hearings 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
	Sec.  33.121.    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.  33.122.    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 held by, the reconsideration of a decision made
	by, or an appeal taken from a decision made by the league's state
	executive committee; and
	(2)    provide a person or school district guidance for
	actions available following the exhaustion of administrative
	remedies.
	Sec.  33.123.    STATE EXECUTIVE COMMITTEE DUTIES. The state
	executive committee:
	(1)    must accept any appeal taken from a decision of the
	district executive committee; and
	(2)    may not impose a penalty until the penalty is
	reviewed and approved by the commissioner.
	Sec.  33.124.    LEAGUE CONTEST RULES. The rules of the league
	shall, for any meeting or hearing by the district executive
	committee or state executive committee regarding a violation of
	league contest rules by a person or school district campus:
	(1)    require the burden of proof to be borne by the
	person alleging a violation or the district executive committee or
	state executive committee if the committee alleges the violation;
	(2)    require the meeting or hearing 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 meeting or
	hearing;
	(3)    require the district executive committee or state
	executive committee to provide written notice, including a list of
	any evidence or witnesses the committee intends to present at the
	hearing or meeting relating to the relevant violation, at least
	five business days before the date of any hearing or meeting to each
	person or campus involved in an alleged violation of league contest
	rules that will be discussed at the hearing or meeting;
	(4)    prohibit investigation or use of an anonymous
	complaint by the district executive committee or state executive
	committee;
	(5)    require testimony presented by a person or campus,
	the district executive committee, or the state executive committee,
	against a person or school district campus to be provided in person,
	under oath, and subject to cross-examination;
	(6)    to the extent practicable, require the application
	of the Texas Rules of Evidence to the meeting or hearing in the same
	manner those rules apply in a court of law;
	(7)    require the district executive committee or state
	executive committee to ensure the presence of an attorney licensed
	in this state at each meeting and hearing to ensure compliance with
	applicable law and the league's constitution and contest rules;