NDT S.B. 1190 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
S.B. 1190
By: Armbrister (Kubiak)
5-12-97
Committee Report (Amended)


BACKGROUND 

Currently, Texas law establishes guidelines for the behavior of athlete
agents.  Concern exists that the behavior of some athlete agents may be
contradictory to established guidelines between athletes and athlete
agents.  This bill establishes provisions that relate to contracts and
communications involving certain athletes and athlete agents. 

PURPOSE

S.B. 1190 establishes provisions that relate to contracts and
communications involving certain athletes and athlete agents. 

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 1(a)(2), Article 8871, V.T.C.S., to redefine
"athlete agent." 

SECTION 2. Amends Section 1(d), Article 8871, V.T.C.S., to provide that a
person who declares himself eligible for recruitment by a professional
sports team may be contacted by an athlete agent. Provides that any
contact with the person by an athlete agent is subject to the requirements
of this Act, if the person later becomes eligible to participate in
intercollegiate sports. 

SECTION 3. Amends Section 2(a), Article 8871, V.T.C.S., to authorize an
athlete agent to contact an athlete only as provided by this Act.
Requires the athlete agent to register with the state before the athlete
agent is authorized to enter into a contract with an athlete.  Deletes a
provision authorizing a registered athlete agent to make those contacts
only in accordance with this Act. 

SECTION 4. Amends Section 6, Article 8871, V.T.C.S., by amending
Subsections (b) and (c) and adding Subsection (d), as follows:   

(b) Prohibits an athlete agent from participating in certain activities,
including directly contacting an athlete who is participating in football
or basketball until after completion of the athlete's last intercollegiate
contest, except as otherwise provided by this Act.  Prohibits an athlete
agent from entering into an oral or written agreement that the athlete
agent will represent the athlete before the athlete's last intercollegiate
contest.  Deletes a provision prohibiting an athlete agent from entering
into any agreement, written or oral, by which the agent will represent the
athlete and from entering into an agreement that purports to take effect
at a time after that contest is completed.   

(c) Provides that this Act does not prohibit, rather than prohibit or
limit, an athlete agent from sending certain written materials to an
athlete, if the agency simultaneously sends an identical copy of the
written material to the athletic director of the institution of higher
education in which the athlete is enrolled as a student or to the athletic
director's designee. Deletes a provision regarding representation of an
athlete. 

 (d) Provides that this Act does not prohibit an athlete, the athlete's
parents or legal guardians, from initiating contact with an athlete agent
to arrange an interview to make certain determinations.  Prohibits the
athlete agent from discussing the agent's services with an athlete or the
athlete's parents, or legal guardians until after the athlete agent has
given notice of the proposed discussion to the athletic director or the
athletic director's designee of the institution of higher education in
which the athlete is enrolled as a student. 

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1 cleans up language to allow athlete/agent interviews to be
conducted not more than 30 consecutive business days and during the
off-season period before the completion of the athletes final year of
eligibility. 

Amendment #2 defines "institution of higher education" to include private
institutions.