By: Capriglione H.B. No. 1802
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the compensation and professional representation of
  certain students participating in University Interscholastic
  League activities or in intercollegiate athletic programs at
  certain institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.098 to read as follows:
         Sec. 33.098.  COMPENSATION AND PROFESSIONAL REPRESENTATION
  OF STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE
  ACTIVITIES. (a) In this section, "league" means the University
  Interscholastic League.
         (b)  This section applies only to a public or private primary
  or secondary school that participates in league activities.
         (c)  The league or a school to which this section applies may
  not adopt or enforce a policy, requirement, standard, or limitation
  that prohibits or otherwise prevents an eligible student
  participating in a league activity from:
               (1)  earning compensation for the use of the student's
  name, image, or likeness when the student is not engaged in official
  league activities, as that term is defined by the league; or
               (2)  obtaining professional representation, including
  representation by an attorney licensed to practice law in this
  state, for contracts or other legal matters relating to the use of
  the student's name, image, or likeness.
         (d)  A student is eligible to engage in activities described
  by Subsection (c) only if the student:
               (1)  is 18 years of age or older;
               (2)  meets the grade requirements under Section
  33.081(c); and
               (3)  complies with the rules adopted by the league
  under this section.
         (e)  The league shall adopt rules as necessary to administer
  this section.  The rules must include:
               (1)  provisions to ensure that compensation, or the
  promise of compensation, may not be used to facilitate the
  enrollment in or transfer of a student to a school participating in
  a league activity;
               (2)  provisions prohibiting compensation in exchange
  for an endorsement of alcohol, tobacco products, e-cigarettes or
  any other type of nicotine delivery device, anabolic steroids,
  sports betting, casino gambling, a firearm the student cannot
  legally purchase, or a sexually oriented business as defined in
  Section 243.002, Local Government Code;
               (3)  provisions authorizing a school district, school,
  or team to prohibit compensation that conflicts with the policy or
  honor code of the school district, school, or team; and
               (4)  minimum requirements for a student engaging in
  activities described by Subsection (c) to receive financial
  literacy and life skills education.
         SECTION 2.  Section 51.9246(j), Education Code, is amended
  to read as follows:
         (j)  No individual, corporate entity, or other organization
  may:
               (1)  enter into any arrangement with a prospective
  student athlete or student athlete relating to the [prospective]
  student athlete's name, image, or likeness unless the student
  athlete is 18 years of age or older [prior to their enrollment in an
  institution of higher education]; or
               (2)  use inducements of future name, image, and
  likeness compensation arrangement to recruit a prospective student
  athlete to any institution of higher education.
         SECTION 3.  The changes in law made by this Act apply only to
  a contract entered into, modified, or renewed on or after the
  effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.