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On December 3, the Texas Association of Sports Officials (TASO) filed a lawsuit against the University Interscholastic League (UIL), seeking a court order to stop the UIL from implementing new rules that would prevent sports officials from calling varsity team sports contests unless they register and pay a $50 fee to UIL. TASO argues the new rules represent an effort by the UIL to monopolize sports officiating in Texas and impose an unauthorized tax on sports officials.

Currently, sports officials in Texas contract with independent school districts and are paid directly.  The UIL constitution formerly recommended that school districts hire sports officials registered with TASO to call their varsity games.  At a Legislative Council Meeting on October 25-26, 2009, the UIL unanimously approved an amendment requiring all member schools to use UIL-registered officials for varsity team sport contests.  Pending approval by the Commissioner of Education, the new policy goes into effect July 1, 2010. 

A statement on the UIL’s website indicates that the change in policy was the result of requests from school districts, as well as from some members of TASO, for an alternative with greater accountability.  UIL Director of Officials Tony Timmons has cautioned that the rules would not bring any changes regarding football rules in Texas or the mechanism of assignment and, further, would not subject sports officials to any additional fees in order to receive regular season or post-season assignments. UIL rules state that the new registration fee would be used to fund programs for officials. 

According to TASO, the UIL is attempting to usurp an existing trade organization and force sports officials to use the UIL as their sole representative. Gary Schumann, an attorney for TASO, also stated to the Southeast Texas Examiner that it would be a conflict of interest for the UIL to function as an advocate for sports officials while serving school district members.  "It is impossible for the UIL to operate as the sole advocacy group for sports officials in everything from obtaining insurance to lobbying, as the UIL's website now implies it will be doing, because the UIL's true allegiance is to their members, which are the school districts," Schumann told the Examiner.

A key issue in the lawsuit is whether the UIL has the authority to regulate and tax sports officials. Historically, the legal status of the UIL is unclear.  TASO cites previous court rulings in support of its position that the UIL is not created by state law but is a voluntary, member association of Texas public schools.  The UIL describes itself as a non-profit organization created by the University of Texas at Austin.  According to the lawsuit, the Texas Secretary of State has no record of the UIL ever filing organizational documents, which all non-profits in Texas are required to do.

Although the UIL constitution generally requires 30 days’ notice prior to adoption of a new rule, TASO argues that the proposed change was not publicized in advance, nor was TASO leadership notified.  The lawsuit seeks a temporary injunction until the legal issues surrounding the UIL can be resolved.