87R78 KSD-D
 
  By: Dominguez H.B. No. 1710
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the compensation and professional representation of
  student athletes participating in intercollegiate athletic
  programs at certain public and private institutions of higher
  education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9246 to read as follows:
         Sec. 51.9246.  COMPENSATION AND PROFESSIONAL REPRESENTATION
  OF STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETIC
  PROGRAMS. (a)  In this section:
               (1)  "Athlete agent" has the meaning assigned by
  Section 2051.001, Occupations Code.
               (2)  "General academic teaching institution" and
  "private or independent institution of higher education" have the
  meanings assigned by Section 61.003.
         (b)  This section applies only to:
               (1)  a general academic teaching institution; or
               (2)  a private or independent institution of higher
  education.
         (c)  An institution to which this section applies may not:
               (1)  adopt or enforce a policy, requirement, standard,
  or limitation that prohibits or otherwise prevents a student
  athlete participating in an intercollegiate athletic program at the
  institution from:
                     (A)  earning compensation for the use of the
  student athlete's name, image, or likeness when the student athlete
  is not engaged in official team activities; or
                     (B)  obtaining professional representation,
  including representation by an athlete agent or attorney, in
  relation to contracts or other legal matters; or
               (2)  provide a prospective student athlete of an
  intercollegiate athletic program at the institution with
  compensation in relation to the prospective student athlete's name,
  image, or likeness.
         (d)  A scholarship, grant, or similar financial assistance
  awarded to a student athlete by an institution to which this section
  applies that covers the student athlete's cost of attendance at the
  institution is not compensation for purposes of this section.
         (e)  A student athlete participating in an intercollegiate
  athletic program at an institution to which this section applies
  may not be disqualified from eligibility for a scholarship, grant,
  or similar financial assistance awarded by the institution because
  the student athlete:
               (1)  earns compensation from the use of the student
  athlete's name, image, or likeness when the student athlete is not
  engaged in official team activities; or
               (2)  obtains professional representation, including
  representation by an athlete agent or attorney, in relation to
  contracts or other legal matters.
         (f)  A team contract of an athletic program at an institution
  to which this section applies may not prohibit or otherwise prevent
  a student athlete from using the student athlete's name, image, or
  likeness for a commercial purpose when the student athlete is not
  engaged in official team activities.
         (g)  A student athlete participating in an intercollegiate
  athletic program at an institution to which this section applies:
               (1)  shall promptly disclose to the institution, in the
  manner prescribed by the institution, any contract entered into by
  the student athlete for use of the student athlete's name, image, or
  likeness;
               (2)  may not enter into a contract that provides
  compensation for the use of the student athlete's name, image, or
  likeness if any provision of the contract conflicts with a
  provision of the student athlete's team contract; and
               (3)  may not enter into a contract for the student
  athlete's representation by an athlete agent unless the athlete
  agent holds a certificate of registration under Chapter 2051,
  Occupations Code.
         (h)  An institution to which this section applies that
  identifies a provision in a contract disclosed to the institution
  by a student athlete under Subsection (g)(1) that conflicts with a
  provision in the student athlete's team contract shall promptly
  disclose the conflict to the student athlete or the student
  athlete's representative, if applicable.
         (i)  An athletic association, conference, or other group or
  organization with authority over intercollegiate athletics,
  including the National Collegiate Athletic Association, may not:
               (1)  prohibit or prevent a student athlete from
  participating in an intercollegiate athletic program at an
  institution to which this section applies because the student
  athlete:
                     (A)  earns compensation from the use of the
  student athlete's name, image, or likeness; or
                     (B)  obtains professional representation,
  including representation by an athlete agent or attorney, in
  relation to contracts or other legal matters;
               (2)  prohibit or prevent a student athlete
  participating in an intercollegiate athletic program at an
  institution to which this section applies from engaging in conduct
  described by Subdivision (1)(A) or (B); or
               (3)  provide a prospective student athlete of an
  intercollegiate athletic program at an institution to which this
  section applies with compensation in relation to the prospective
  student athlete's name, image, or likeness.
         SECTION 2.  Section 51.9246(f), Education Code, as added by
  this Act, applies only to a contract entered into, modified, or
  renewed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2023.