ACM H.B. 369 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 369
By: Kubiak
5-1-97
Committee Report (Unamended)



BACKGROUND 

Today, many collegiate athletes are being approached by sports agents to
leave college and enter professional sports before they graduate.  The
absence of these premiere athletes could have a detrimental effect on the
world of college sports.  NCAA regulations do not allow sports agents to
contact student athletes.  Simply reading the daily newspaper shows us
that these regulations do not stop the sports agents from approaching the
athletes.  Increasing the penalties would help to deter sports agents from
approaching college athletes, and as a result, help keep the student
athletes in school, instead of leaving early and turning professional. 

PURPOSE

HB 369, as proposed, would increase the penalties, upon second conviction,
for sports agents who illegally contact college athletes. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8(c), Chapter 13, Article 8871, Vernon's Texas
Civil Statutes, by increasing the penalty, for repeat offenders, to a
misdemeanor punishable by a fine not to exceed $250,000, confinement in
jail for a term not to exceed one year, or both.  

SECTION 2.  Amends Article 42.12, Code of Criminal Procedure, to provide
that when a judge grants community supervision to a defendant, who has
been proven to be a repeat offender, that defendant shall spend at least
30 days confinement in jail.   

SECTION 3.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act.  

SECTION 4.  Effective Date:  September 1, 1997. 

SECTION 5.  Emergency clause.