By Armbrister S.B. No. 1190
75R5211 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contracts and communications involving certain athletes
1-3 and athlete agents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(a)(2), Chapter 13, Acts of the 70th
1-6 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (2) "Athlete agent" means a person that, for
1-9 compensation, directly or indirectly recruits or solicits an
1-10 athlete to enter into an agent contract, professional sports
1-11 services contract, or financial services contract with that person
1-12 or another person, or that for a fee procures, offers, promises, or
1-13 attempts to obtain employment for an athlete with a professional
1-14 sports team.
1-15 SECTION 2. Section 1(d), Chapter 13, Acts of the 70th
1-16 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
1-17 Civil Statutes), is amended to read as follows:
1-18 (d) A person who declares himself eligible for recruitment
1-19 by a professional sports team, thereby becoming ineligible to
1-20 participate in intercollegiate sports contests, [is not an athlete
1-21 under this Act and] may be contacted by an athlete agent [without
1-22 compliance by the agent with the requirements of this Act]. If the
1-23 person later becomes eligible to participate in intercollegiate
1-24 sports, [the person is again considered an athlete under this Act,
2-1 and] any contact with the person by an athlete agent is subject to
2-2 the requirements of this Act.
2-3 SECTION 3. Section 2(a), Chapter 13, Acts of the 70th
2-4 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
2-5 Civil Statutes), is amended to read as follows:
2-6 (a) An athlete agent may contact an athlete only as provided
2-7 by this Act. The [An] athlete agent must register with the
2-8 secretary of state before the athlete agent may:
2-9 (1) contact an athlete, either directly or indirectly,
2-10 while the athlete is eligible; or
2-11 (2) enter into a contract with an athlete. [A
2-12 registered athlete agent may make those contacts only in accordance
2-13 with this Act.]
2-14 SECTION 4. Section 6, Chapter 13, Acts of the 70th
2-15 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas
2-16 Civil Statutes), is amended by amending Subsections (b) and (c) and
2-17 adding Subsection (d) to read as follows:
2-18 (b) An athlete agent may not:
2-19 (1) publish or cause to be published any false,
2-20 fraudulent, or misleading information, representation, notice, or
2-21 advertisement or give any false information or make any false
2-22 promises or representations concerning any employment to any
2-23 person;
2-24 (2) divide fees with or receive compensation from a
2-25 person exempt under Section 2A of this Act or a professional sports
2-26 league or franchise or its representative or employee;
2-27 (3) enter into any agreement, written or oral, by
3-1 which the athlete agent offers anything of value to any employee of
3-2 an institution of higher education located in this state in return
3-3 for the referral of any clients by that employee;
3-4 (4) offer anything of value to induce an athlete to
3-5 enter into an agreement by which the athlete agent will represent
3-6 the athlete; or
3-7 (5) except as otherwise provided by this Act, directly
3-8 contact an athlete who is participating in football or basketball
3-9 [to enter into any agreement, written or oral, by which the athlete
3-10 agent will represent the athlete,] until after completion of the
3-11 athlete's last intercollegiate contest and may not enter into an
3-12 oral or written agreement that the athlete agent will represent the
3-13 athlete before the athlete's last intercollegiate contest [that
3-14 purports to take effect at a time after that contest is completed].
3-15 (c) This Act does not prohibit or limit an athlete agent
3-16 from simultaneously sending [to an athlete] written materials
3-17 relating to the professional credentials of the agent or to
3-18 specific services offered by the agent relating to the
3-19 representation of an athlete in the marketing of an athlete's
3-20 athletic ability or reputation or to the provision of financial
3-21 services by the agent to both the athlete and the athletic director
3-22 of the institution of higher education in which the athlete is
3-23 enrolled as a student or to the athletic director's designee.
3-24 (d) This Act does not prohibit an athlete or the athlete's
3-25 parents, legal guardians, or other advisors from contacting [and
3-26 interviewing] an athlete agent to arrange an interview to
3-27 determine that agent's professional proficiency in the
4-1 representation of an athlete, in the marketing of the athlete's
4-2 athletic ability or reputation, or the provision of financial
4-3 services by the agent on behalf of the athlete. The athlete agent
4-4 may not discuss the agent's services with an athlete or the
4-5 athlete's parents, legal guardians, or other advisors until after
4-6 the athlete agent has given notice of the proposed discussion to
4-7 the athletic director of the institution of higher education in
4-8 which the athlete is enrolled as a student or to the athletic
4-9 director's designee.
4-10 SECTION 5. This Act takes effect September 1, 1997.
4-11 SECTION 6. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.