A Texas state appeals court has thwarted the bid of a sports officials’ association, which sought to prevent the University Interscholastic League from implementing its plan to begin regulating the officiating of high school varsity sports in Texas.
The appeals court holding was based on the fact that the League was entitled to sovereign immunity.
The UIL is an organization governing extracurricular athletic and academic contests in all Texas public schools and certain private parochial schools. According to the education code, the UIL “is a part of The University of Texas at Austin.” Tex. Educ. Code Ann. § 33.083(b) (West 2006). In addition to administering extracurricular activities, the UIL is charged by statute with enforcing certain regulatory schemes, including the “No Pass No Play” policy applicable to student athletes and the prevention of illegal steroid use. 1 See id. §§ 33.081(c), .091 (West Supp. 2009).
The Texas Association of Sports Officials, meanwhile, is a professional trade association made up of approximately 12,000 Texas sports officials, organized in 196 local chapters across the state. According to its pleadings, TASO registers sports officials, provides educational materials and training, promotes the professional interests of Texas sports officiants, advocates on behalf of its members, and conducts formal disciplinary hearings and oversight of its members.
Until recently, Section 1204 of the UIL rules provided that member schools should use TASO-registered sports officials for UIL-sponsored sporting events. In November 2009, however, the UIL amended Rule 1204 to provide that only those sports officials who register and pay dues to the UIL may officiate UIL-sponsored varsity team-sport contests. In response to the amendment to Rule 1204, TASO filed suit, arguing that the UIL was (1) attempting to exercise an unauthorized delegation of power, (2) improperly imposing an occupation tax, and (3) tortiously interfering with the contractual relationships between TASO and its individual members. TASO sought a temporary restraining order and injunctive relief to prevent the UIL from implementing the changes to Rule 1204, as well as a declaration that the UIL’s actions were unauthorized, illegal, and void. TASO further sought actual and consequential damages resulting from its claim of tortious interference with contractual relationships.
After the trial court granted TASO’s request for a temporary restraining order, the UIL filed a plea to the jurisdiction on the basis of sovereign immunity. The trial court denied the plea, and the UIL filed the interlocutory appeal, which was the impetus for the instant opinion.
On appeal, the UIL argued that it is entitled to sovereign immunity.
The appeals court agreed, writing that “we are dealing here with an entity that is required by statute to implement state education policies, granted rulemaking and enforcement power over such policies, subjected to extensive oversight from the legislative and executive branches, and statutorily classified as a component part of a governmental unit that was created by the Texas Constitution. For these reasons, we hold that the UIL is a governmental unit subject to sovereign immunity.”
The UIL further argued that the only way to trigger jurisdiction would be if there was a waiver of immunity, which it argued did not occur.
“In order to determine whether immunity has been waived, we must first discuss the nature of TASO’s claims. In its live pleading, TASO asserts causes of action for (1) ‘illegal attempt to exercise an unauthorized delegation of power, (2) illegal occupation tax, and (3) tortious interference with contractual relationships.’ With respect to its tort claim, TASO has not pleaded facts that fall under any waiver of immunity found in the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.001-.109.
“TASO concedes on appeal that sovereign immunity has not been waived for this claim, stating, ‘TASO has alleged a cause of action for tortious interference with a contract in the event the UIL is not a state entity.’ In light of our determination that the UIL is a state entity, we hold that TASO’s tort claim is barred by sovereign immunity.”
The University Interscholastic League v. Southwest Officials Association, Inc., d/b/a Texas Association of Sports Officials; Ct. App. Tex., 3d Dist; NO. 03-10-00030-CV, 2010 Tex. App. LEXIS 7041; 8/27/10
