SRC-JRN S.B. 1190 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1190
By: Armbrister
State Affairs
3-26-97
As Filed


DIGEST 

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

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

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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), to prohibit an athlete
agent from 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 or limit an athlete agent
from simultaneously sending certain written materials, rather than sending
to an athlete certain written materials. Provides that materials that
relate to the provision of financial services by the agent may be sent to
both the athlete and 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.   

(d) Provides that this Act does not prohibit certain persons from
contacting, rather than contacting and interviewing, an athlete agent to
arrange an interview to make certain determinations.  Prohibits the
athlete agent from discussing the agent's services with certain persons
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.