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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation and professional representation of |
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certain students participating in University Interscholastic |
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League activities or in intercollegiate athletic programs at |
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certain institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.098 to read as follows: |
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Sec. 33.098. COMPENSATION AND PROFESSIONAL REPRESENTATION |
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OF STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE |
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ACTIVITIES. (a) In this section, "league" means the University |
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Interscholastic League. |
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(b) This section applies only to a public or private primary |
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or secondary school that participates in league activities. |
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(c) The league or a school to which this section applies may |
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not adopt or enforce a policy, requirement, standard, or limitation |
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that prohibits or otherwise prevents an eligible student |
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participating in a league activity from: |
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(1) earning compensation for the use of the student's |
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name, image, or likeness when the student is not engaged in official |
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league activities, as that term is defined by the league; or |
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(2) obtaining professional representation, including |
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representation by an attorney licensed to practice law in this |
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state, for contracts or other legal matters relating to the use of |
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the student's name, image, or likeness. |
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(d) A student is eligible to engage in activities described |
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by Subsection (c) only if the student: |
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(1) is 18 years of age or older; |
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(2) meets the grade requirements under Section |
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33.081(c); and |
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(3) complies with the rules adopted by the league |
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under this section. |
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(e) The league shall adopt rules as necessary to administer |
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this section. The rules must include: |
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(1) provisions to ensure that compensation, or the |
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promise of compensation, may not be used to facilitate the |
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enrollment in or transfer of a student to a school participating in |
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a league activity; |
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(2) provisions prohibiting compensation in exchange |
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for an endorsement of alcohol, tobacco products, e-cigarettes or |
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any other type of nicotine delivery device, anabolic steroids, |
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sports betting, casino gambling, a firearm the student cannot |
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legally purchase, or a sexually oriented business as defined in |
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Section 243.002, Local Government Code; |
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(3) provisions authorizing a school district, school, |
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or team to prohibit compensation that conflicts with the policy or |
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honor code of the school district, school, or team; and |
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(4) minimum requirements for a student engaging in |
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activities described by Subsection (c) to receive financial |
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literacy and life skills education. |
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SECTION 2. Section 51.9246(j), Education Code, is amended |
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to read as follows: |
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(j) No individual, corporate entity, or other organization |
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may: |
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(1) enter into any arrangement with a prospective |
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student athlete or student athlete relating to the [prospective] |
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student athlete's name, image, or likeness unless the student |
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athlete is 18 years of age or older [prior to their enrollment in an |
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institution of higher education]; or |
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(2) use inducements of future name, image, and |
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likeness compensation arrangement to recruit a prospective student |
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athlete to any institution of higher education. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract entered into, modified, or renewed on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |