1-1  By:  Armbrister                                         S.B. No. 87
    1-2        (In the Senate - Filed January 8, 1993; January 14, 1993,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  February 22, 1993, reported favorably by the following vote:  Yeas
    1-5  12, Nays 0; February 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                       x   
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of certain athlete agents; providing
   1-24  penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subdivision (5), Subsection (a), Section 1,
   1-27  Chapter 13, Acts of the 70th Legislature, 2nd Called Session, 1987
   1-28  (Article 8871, Vernon's Texas Civil Statutes), is amended to read
   1-29  as follows:
   1-30              (5)  "Athlete" means an individual who <resides in this
   1-31  state and who:>
   1-32                    <(A)>  is eligible to participate in
   1-33  intercollegiate sports contests as a member of a football or
   1-34  basketball sports team of an institution of higher education
   1-35  located in this state that is a member of a national association
   1-36  for the promotion and regulation of intercollegiate athletics<; or>
   1-37                    <(B)  has participated as a member of such a
   1-38  sports team at an institution of higher education and who has never
   1-39  signed a contract of employment with a professional sports team>.
   1-40        SECTION 2.  Section 1, Chapter 13, Acts of the 70th
   1-41  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   1-42  Civil Statutes), is amended by adding Subsections (c) and (d) to
   1-43  read as follows:
   1-44        (c)  For purposes of this Act, an athlete's eligibility to
   1-45  participate in intercollegiate sports contests ends at the end of
   1-46  the last sports contest in the athlete's sport of football or
   1-47  basketball that is sanctioned by the athlete's final year of
   1-48  eligibility, as determined by the governing body of the national
   1-49  association for the promotion and regulation of intercollegiate
   1-50  athletics of which the athlete's institution of higher education is
   1-51  a member.
   1-52        (d)  A person who declares himself eligible for recruitment
   1-53  by a professional sports team, thereby becoming ineligible to
   1-54  participate in intercollegiate sports contests, is not an athlete
   1-55  under this Act and may be contacted by an athlete agent without
   1-56  compliance by the agent with the requirements of this Act.  If the
   1-57  person later becomes eligible to participate in intercollegiate
   1-58  sports, the person is again considered an athlete under this Act,
   1-59  and any contact with the person by an athlete agent is subject to
   1-60  the requirements of this Act.
   1-61        SECTION 3.  Section 2, Chapter 13, Acts of the 70th
   1-62  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   1-63  Civil Statutes), is amended by amending Subsection (a) and adding
   1-64  Subsections (k), (l), and (m) to read as follows:
   1-65        (a)  An athlete agent must register with the secretary of
   1-66  state before the athlete agent may contact an athlete, either
   1-67  directly or indirectly, while the athlete is eligible <located in
   1-68  this state>.  A registered athlete agent may make those contacts
    2-1  only in accordance with this Act.
    2-2        (k)  An applicant for registration that is a corporation, an
    2-3  association, a partnership, or another entity, and not an
    2-4  individual or a sole proprietorship, shall file with the secretary
    2-5  of state, accompanying the application for registration or the
    2-6  renewal of any registration, a statement setting forth the names
    2-7  and addresses of all individuals who will recruit or solicit an
    2-8  athlete to enter into an agent contract, a professional sports
    2-9  services contract, or a financial services contract with the agent.
   2-10        (l)  If a registered athlete agent changes the individuals
   2-11  who recruit or solicit athletes on behalf of the agent, the agent
   2-12  shall, not later than the 30th day after the date the change is
   2-13  made, file with the secretary of state a statement setting forth
   2-14  the changes to the statement filed under Subsection (k) of this
   2-15  section required to comply with that subsection.
   2-16        (m)  The secretary of state may prescribe a form for the
   2-17  statements required under Subsections (k) and (l) of this section.
   2-18        SECTION 4.  Chapter 13, Acts of the 70th Legislature, 2nd
   2-19  Called Session, 1987 (Article 8871, Vernon's Texas Civil Statutes),
   2-20  is amended by adding Section 2A to read as follows:
   2-21        Sec. 2A.  EXEMPTION.  This Act does not apply to a person
   2-22  who, for compensation, directly or indirectly recruits or solicits
   2-23  an athlete to enter into a contract under which the person provides
   2-24  financial services to the athlete if:
   2-25              (1)  the person is licensed by this state as a dealer,
   2-26  an agent, or a salesman of securities, a real estate broker or
   2-27  salesman, an insurance agent, or another professional;
   2-28              (2)  the services are of a type that are customarily
   2-29  provided by persons in those licensed professions; and
   2-30              (3)  the person does not:
   2-31                    (A)  recruit or solicit the athlete to enter into
   2-32  an agent contract or a professional services contract on behalf of
   2-33  the person, an affiliate, a related entity, or a third party; or
   2-34                    (B)  procure, offer, promise, or attempt to
   2-35  obtain employment for an athlete with a professional sports team.
   2-36        SECTION 5.  Section 3, Chapter 13, Acts of the 70th
   2-37  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   2-38  Civil Statutes), is amended to read as follows:
   2-39        Sec. 3.  POWERS AND DUTIES OF SECRETARY OF STATE;
   2-40  DISCIPLINARY ACTIONS.  (a)  The secretary of state shall actively
   2-41  enforce this Act and conduct investigations as necessary to ensure
   2-42  compliance.
   2-43        (b)  If the secretary of state determines that a violation
   2-44  has occurred, the secretary of state shall refer the case to the
   2-45  attorney general for prosecution and take disciplinary action under
   2-46  Subsection (e) of this section.  On the determination of the
   2-47  secretary of state that a violation is occurring or is threatened,
   2-48  the secretary of state or attorney general may bring an action in
   2-49  district court in Travis County to enjoin the violation or
   2-50  threatened violation.
   2-51        (c)  On receipt of a written request by a registered athlete
   2-52  agent, the secretary of state shall provide to the agent the names
   2-53  of the compliance coordinators designated under Subsection (e) of
   2-54  Section 7 of this Act and on request also shall provide a copy of
   2-55  the standards adopted by an institution of higher education under
   2-56  Subsection (f) of Section 7 of this Act.
   2-57        (d)  The secretary of state shall publish, annually or more
   2-58  frequently, information that prescribes an institution of higher
   2-59  education's compliance responsibilities under this Act and shall
   2-60  mail copies of the information to the athletic director or other
   2-61  appropriate official at each institution of higher education,
   2-62  return receipt requested.  The secretary of state shall update the
   2-63  material as necessary.
   2-64        (e)  The secretary of state shall deny a certificate of
   2-65  registration to an applicant who has been convicted of a felony or
   2-66  of a misdemeanor involving moral turpitude and may deny, suspend,
   2-67  or revoke a certificate of registration issued under this Act for a
   2-68  violation of this Act or a rule adopted under this Act or <may>
   2-69  take other disciplinary actions.  Judicial review of a denial,
   2-70  suspension, or revocation of a certificate of registration or a <A>
    3-1  disciplinary action under this Act is by trial de novo and is
    3-2  subject to Subsection (c) of Section 19, <the> Administrative
    3-3  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
    3-4  Civil Statutes).
    3-5        SECTION 6.  Subsection (b), Section 6, Chapter 13, Acts of
    3-6  the 70th Legislature, 2nd Called Session, 1987 (Article 8871,
    3-7  Vernon's Texas Civil Statutes), is amended to read as follows:
    3-8        (b)  An <A registered> athlete agent may not:
    3-9              (1)  publish or cause to be published any false,
   3-10  fraudulent, or misleading information, representation, notice, or
   3-11  advertisement or give any false information or make any false
   3-12  promises or representations concerning any employment to any
   3-13  person;
   3-14              (2)  divide fees with or receive compensation from a
   3-15  person exempt under Section 2A of this Act or a professional sports
   3-16  league or franchise or its representative or employee;
   3-17              (3)  enter into any agreement, written or oral, by
   3-18  which the athlete agent offers anything of value to any employee of
   3-19  an institution of higher education located in this state in return
   3-20  for the referral of any clients by that employee;
   3-21              (4)  offer anything of value<, excluding reasonable
   3-22  entertainment expenses and transportation expenses to and from the
   3-23  athlete agent's registered principal place of business,> to induce
   3-24  an athlete to enter into an agreement by which the athlete agent
   3-25  will represent the athlete; or
   3-26              (5)  except as otherwise provided by <Section 7 of>
   3-27  this Act, directly contact an athlete who is participating in
   3-28  football or basketball to <a team sport at an institution of higher
   3-29  education located in this state to discuss the athlete agent's
   3-30  representation of the athlete in the marketing of the athlete's
   3-31  athletic ability or reputation or the provision of financial
   3-32  services by the athlete agent, or> enter into any agreement,
   3-33  written or oral, by which the athlete agent will represent the
   3-34  athlete, until after completion of the athlete's last
   3-35  intercollegiate contest<, including postseason games,> and may not
   3-36  enter into an agreement before the athlete's last intercollegiate
   3-37  contest that purports to take effect at a time after that contest
   3-38  is completed.
   3-39        SECTION 7.  Section 7, Chapter 13, Acts of the 70th
   3-40  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   3-41  Civil Statutes), is amended to read as follows:
   3-42        Sec. 7.  PERMITTED CONTACTS WITH CERTAIN ATHLETES; COMPLIANCE
   3-43  COORDINATOR; STANDARDS.  (a)  Each institution <All institutions>
   3-44  of higher education located in this state shall sponsor athlete
   3-45  agent interviews on its campus at which <their campuses before the
   3-46  athlete's final year of eligibility to participate in
   3-47  intercollegiate athletics, and> a registered athlete agent may
   3-48  interview an <the> athlete to discuss the athlete agent's provision
   3-49  of financial services and advice to the athlete or the athlete
   3-50  agent's representation of the athlete in the marketing of the
   3-51  athlete's athletic ability or reputation.  An interview is subject
   3-52  to the requirements of this section.
   3-53        (b)  The secretary of state <All institutions sponsoring
   3-54  athlete agent interviews> shall notify each registered athlete
   3-55  agent in writing that a copy of the standards adopted by an
   3-56  institution of higher education relating to the conduct of an
   3-57  athlete agent interview at the institution is available from the
   3-58  secretary of state as provided by Subsection (c) of Section 3 of
   3-59  this Act.  The notice must include a brief statement that the
   3-60  standards adopted by an institution of higher education specify the
   3-61  policies of that institution relating to <give public notice of
   3-62  those interviews not later than the 30th day before the date on
   3-63  which the period in which the interviews may be conducted begins.
   3-64  Institutions shall provide written notice of> the time, place, and
   3-65  duration of <the> athlete agent interviews at the campuses of that
   3-66  institution and that each institution has a designated compliance
   3-67  coordinator who may be contacted by the agent for further
   3-68  information <interview program to those registered athlete agents
   3-69  who have previously furnished the athletic director of such
   3-70  institutions with their addresses>.
    4-1        (c)  The athlete agent shall strictly adhere to the specific
    4-2  rules of each separate <electing> institution with regard to the
    4-3  time, place, and duration of the athlete agent interviews.  The
    4-4  interviews must be conducted <in the final year of eligibility>
    4-5  during a period of at least five but not more than <not to exceed>
    4-6  30 consecutive business days and, as designated by the institution,
    4-7  must be conducted during the off-season training period for the
    4-8  athlete's sport that precedes the athlete's final year of
    4-9  eligibility.
   4-10        (d)  The signing of an athlete agent contract by an athlete
   4-11  may occur at any time permitted by the rules or regulations of the
   4-12  national association for the promotion and regulation of
   4-13  intercollegiate athletics of which the athlete's institution of
   4-14  higher education is a member.
   4-15        (e)  Each institution of higher education in this state shall
   4-16  designate an individual to serve as compliance coordinator for the
   4-17  institution.  The institution shall report the name of its
   4-18  compliance coordinator to the secretary of state in the manner
   4-19  prescribed by the secretary of state.  The compliance coordinator
   4-20  shall organize the athlete interview schedule for the coordinator's
   4-21  campuses and shall ensure the compliance of the institution and its
   4-22  athletes with this Act and the rules adopted under this Act.  The
   4-23  compliance coordinator or secretary of state shall notify each
   4-24  registered athlete agent, in writing, of the interview period not
   4-25  later than the 30th day before the date the interview period is
   4-26  scheduled to begin.  On receipt of a written request, the
   4-27  compliance coordinator shall provide a registered athlete agent
   4-28  with a copy of the standards adopted by the institution under
   4-29  Subsection (f) of this section.
   4-30        (f)  Each institution of higher education in this state shall
   4-31  adopt standards relating to the implementation of this Act at that
   4-32  institution.  The standards must include specific guidelines
   4-33  relating to the athlete agent interview program, including the
   4-34  scheduling of interview periods, the duration of an interview
   4-35  period, locations on campus where interviews may be conducted, and
   4-36  the terms and conditions under which an athlete agent may contact
   4-37  an athlete during an interview period.  The institution shall
   4-38  submit the standards to the institution's athletic council or
   4-39  analogous office for approval and shall file the standards with the
   4-40  secretary of state not later than the 30th day after the date the
   4-41  standards are approved.  If the institution amends the standards,
   4-42  it shall file the amended standards with the secretary of state not
   4-43  later than the 30th day after the effective date of the amendment.
   4-44        SECTION 8.  Section 8, Chapter 13, Acts of the 70th
   4-45  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   4-46  Civil Statutes), is amended to read as follows:
   4-47        Sec. 8.  REMEDIES FOR VIOLATION; CRIMINAL PENALTY.  (a)  A
   4-48  registered or unregistered athlete agent who violates <Subsection
   4-49  (a) of Section 2 or Section 6 of> this Act may be subject to:
   4-50              (1)  a civil penalty, as provided by Section 9 of this
   4-51  Act;
   4-52              (2)  forfeiture of any right of repayment for anything
   4-53  of value <either> received by an athlete as an inducement to enter
   4-54  into any <agent> contract <or financial services contract or
   4-55  received by an athlete before completion of the athlete's last
   4-56  intercollegiate contest>;
   4-57              (3)  a refund of any consideration paid to the athlete
   4-58  agent on an athlete's behalf; and
   4-59              (4)  reasonable attorney's fees and court costs
   4-60  incurred by an athlete in suing and recovering against an athlete
   4-61  agent for a violation of this Act.
   4-62        (b)  Any <agent> contract with an athlete <or financial
   4-63  services contract> that is negotiated by an unregistered athlete
   4-64  agent <who has failed to comply with this Act> is void.
   4-65        (c)  An athlete agent commits an offense if the agent
   4-66  intentionally or knowingly violates <Subsection (a) of Section 2 or
   4-67  Section 6 of> this Act or a rule adopted under this Act.  An
   4-68  offense under this subsection is a Class A misdemeanor.
   4-69        SECTION 9.  Chapter 13, Acts of the 70th Legislature, 2nd
   4-70  Called Session, 1987 (Article 8871, Vernon's Texas Civil Statutes),
    5-1  is amended by adding Section 8A to read as follows:
    5-2        Sec. 8A.  CIVIL ACTION BY INSTITUTION.  (a)  An institution
    5-3  of higher education that is adversely affected by activities  of an
    5-4  athlete agent who violates this Act may sue the athlete agent for
    5-5  damages as provided by this section.
    5-6        (b)  For purposes of this section, an institution of higher
    5-7  education is adversely affected by the activities of an athlete
    5-8  agent if, because of the activities of the athlete agent, the
    5-9  institution is disqualified or suspended from participation in
   5-10  intercollegiate sports contests by a national association for the
   5-11  promotion and regulation of intercollegiate athletics and, because
   5-12  of that disqualification or suspension, the institution:
   5-13              (1)  loses revenue from media coverage of sports
   5-14  contests;
   5-15              (2)  loses the right to grant athletic scholarships in
   5-16  the sport affected;
   5-17              (3)  loses the right to recruit athletes; or
   5-18              (4)  otherwise suffers an adverse financial impact.
   5-19        (c)  An institution that prevails in a suit brought under
   5-20  this section may recover:
   5-21              (1)  actual damages;
   5-22              (2)  exemplary damages;
   5-23              (3)  costs of court; and
   5-24              (4)  reasonable attorney's fees.
   5-25        SECTION 10.  Subsection (b), Section 9, Chapter 13, Acts of
   5-26  the 70th Legislature, 2nd Called Session, 1987 (Article 8871,
   5-27  Vernon's Texas Civil Statutes), is amended to read as follows:
   5-28        (b)  The secretary of state may assess the civil penalty in
   5-29  an amount not to exceed $25,000 <$10,000>.  In determining the
   5-30  amount of the penalty, the secretary shall consider the seriousness
   5-31  of the violation.
   5-32        SECTION 11.  Subsection (f), Section 5, Chapter 13, Acts of
   5-33  the 70th Legislature, 2nd Called Session, 1987 (Article 8871,
   5-34  Vernon's Texas Civil Statutes), is repealed.
   5-35        SECTION 12.  (a)  This Act takes effect September 1, 1993.
   5-36        (b)  The changes made by this Act relating to criminal
   5-37  offenses apply only to an offense committed on or after the
   5-38  effective date of this Act.  For purposes of this section, an
   5-39  offense is committed before the effective date of this Act if any
   5-40  element of the offense occurs before the effective date.
   5-41        (c)  An offense committed before the effective date of this
   5-42  Act is covered by the law in effect when the offense was committed,
   5-43  and the former law is continued in effect for that purpose.
   5-44        (d)  An institution of higher education shall submit to the
   5-45  secretary of state the standards adopted by the institution under
   5-46  Subsection (f), Section 7, Chapter 13, Acts of the 70th
   5-47  Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
   5-48  Civil Statutes), as added by this Act, not later than January 1,
   5-49  1994.
   5-50        (e)  The secretary of state shall send the information
   5-51  required under Subsection (d), Section 3, Chapter 13, Acts of the
   5-52  70th Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's
   5-53  Texas Civil Statutes), as added by this Act, not later than January
   5-54  1, 1994.
   5-55        SECTION 13.  The importance of this legislation and the
   5-56  crowded condition of the calendars in both houses create an
   5-57  emergency and an imperative public necessity that the
   5-58  constitutional rule requiring bills to be read on three several
   5-59  days in each house be suspended, and this rule is hereby suspended.
   5-60                               * * * * *
   5-61                                                         Austin,
   5-62  Texas
   5-63                                                         February 22,
   5-64  1993
   5-65  Hon. Bob Bullock
   5-66  President of the Senate
   5-67  Sir:
   5-68  We, your Committee on State Affairs to which was referred S.B.
   5-69  No. 87, have had the same under consideration, and I am instructed
   5-70  to report it back to the Senate with the recommendation that it do
    6-1  pass and be printed.
    6-2                                                         Harris of
    6-3  Dallas, Chairman
    6-4                               * * * * *
    6-5                               WITNESSES
    6-6                                                  FOR   AGAINST  ON
    6-7  ___________________________________________________________________
    6-8  Name:  Guy Joyner                                              x
    6-9  Representing:  Secretary of State
   6-10  City:  Austin
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   6-12  Name:  Leroy Sutherland                                        x
   6-13  Representing:  University of Texas at Austin
   6-14  City:  Austin
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