Enrolled Bill Summary

Senate Bill 1385	Senate Author:  Creighton et al.
Effective:  7-1-21	House Sponsor:  Murphy et al.

            Senate Bill 1385 amends the Education Code to prohibit a general academic teaching institution or a private or independent institution of higher education from doing the following:

·        adopting or enforcing a regulation that prohibits or otherwise prevents a student athlete in an intercollegiate athletic program from obtaining professional legal representation or earning compensation for the use of the athlete's name, image, or likeness when not engaged in official team activities;

·        disqualifying a student athlete from eligibility for a scholarship, grant, or similar financial assistance because the athlete obtains such representation or earns such compensation;

·        prescribing a team contract that prohibits or prevents a student athlete's commercial use of the athlete's name, image, or likeness when not engaged in official team activities; or

·        providing or soliciting a prospective student athlete with compensation in relation to the athlete's name, image, or likeness.

Senate Bill 1385 sets out certain conditions and limitations on a contract entered into by a student athlete for use of the athlete's name, image, or likeness, including a requirement to predisclose the contract to the student's institution. The bill provides for a student athlete's required attendance at a financial literacy and life skills workshop and prohibits certain agency and recruitment transactions between an individual, corporate entity, or organization and a prospective student athlete.