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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited student athlete name, image, and likeness |
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agreements; providing injunctive relief and a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 13, Occupations Code, is |
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amended by adding Chapter 2053 to read as follows: |
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CHAPTER 2053. NAME, IMAGE, AND LIKENESS AGREEMENTS |
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Sec. 2053.001. DEFINITION. In this chapter, "student |
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athlete" means an individual who as a student participates in: |
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(1) a University Interscholastic League activity; or |
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(2) an intercollegiate athletic program at an |
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institution of higher education. |
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Sec. 2053.002. PROHIBITED NAME, IMAGE, AND LIKENESS |
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AGREEMENTS. A person may not enter into an agreement with a student |
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athlete under which the person: |
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(1) pays the student athlete an amount as |
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consideration; |
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(2) receives the exclusive right to negotiate the use |
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or sale of the student athlete's name, image, and likeness for the |
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term of the agreement; and |
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(3) is entitled to receive a percentage of earnings |
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from the use or sale of the student athlete's name, image, and |
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likeness until the earlier of: |
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(A) the date the person has received a |
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predetermined amount of the student athlete's earnings; or |
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(B) the date the agreement expires. |
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Sec. 2053.003. PROHIBITED AGREEMENTS VOID AND |
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UNENFORCEABLE. An agreement entered into in violation of Section |
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2053.002 or any language in an agreement that circumvents the |
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prohibition imposed under that section or otherwise achieves the |
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same or a substantially similar effect as a prohibited agreement is |
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void and unenforceable. |
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Sec. 2053.004. PROHIBITED WAIVER. An agreement may not |
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waive the requirements of this chapter. A purported waiver of this |
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chapter is a violation of this section and is void. |
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Sec. 2053.005. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A |
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person who violates this chapter is liable for a civil penalty not |
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to exceed $100,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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this state to: |
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(1) recover a civil penalty under Subsection (a); |
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(2) restrain or enjoin the person from violating this |
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chapter; or |
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(3) recover the civil penalty under Subsection (a) and |
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seek injunctive relief. |
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(c) The attorney general may recover reasonable attorney's |
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fees and court costs in bringing an action under this section. |
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SECTION 2. Chapter 2053, Occupations Code, as added by this |
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Act, applies only to an agreement entered into on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |