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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation and professional representation of |
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prospective student athletes and student athletes participating in |
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intercollegiate athletic programs at certain institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.9246(c) and (g), Education Code, are |
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amended to read as follows: |
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(c) An institution to which this section applies may not[: |
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[(1)] adopt or enforce a policy, requirement, |
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standard, or limitation that prohibits or otherwise prevents a |
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student athlete participating in an intercollegiate athletic |
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program at the institution from: |
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(1) [(A)] earning compensation for the use of the |
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student athlete's name, image, or likeness when the student athlete |
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is not engaged in official team activities, as that term is defined |
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by the institution; or |
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(2) [(B)] obtaining professional representation, |
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including representation by an attorney licensed to practice law in |
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this state, for contracts or other legal matters relating to the use |
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of the student athlete's name, image, or likeness[; or |
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[(2) provide or solicit a prospective student athlete |
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of an intercollegiate athletic program at the institution with |
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compensation in relation to the prospective student athlete's name, |
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image, or likeness]. |
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(g) A student athlete participating in an intercollegiate |
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athletic program at an institution to which this section applies: |
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(1) shall, before entering into the contract, disclose |
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to the institution, in the manner prescribed by the institution, |
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any proposed contract the student athlete may sign for use of the |
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student athlete's name, image, or likeness; |
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(2) may not enter into a contract for the use of the |
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student athlete's name, image, or likeness if: |
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(A) any provision of the contract conflicts with |
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a provision of the student athlete's team contract, a provision of |
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an institutional contract of the institution, a policy of the |
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athletic department of the institution, or a provision of the honor |
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code of the institution; |
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(B) the compensation for the use of the student |
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athlete's name, image, or likeness is provided: |
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(i) in exchange for athletic performance |
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[or accepting an offer of admission to attend the institution; |
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[(ii) by the institution; |
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[(iii) in exchange for an act that occurs |
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while the athlete is engaged in an official team activity]; or |
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(ii) [(iv)] in exchange for an endorsement |
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of alcohol, tobacco products, e-cigarettes or any other type of |
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nicotine delivery device, anabolic steroids, sports betting, |
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casino gambling, a firearm the student athlete cannot legally |
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purchase, or a sexually oriented business as defined in Section |
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243.002, Local Government Code; or |
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(C) the duration of the contract extends beyond |
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the student athlete's participation in the intercollegiate |
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athletic program; |
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(3) is not considered an employee of the institution |
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based on the student athlete's participation in the intercollegiate |
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athletic program; |
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(4) may earn compensation from selling the student |
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athlete's autograph in a manner that does not otherwise conflict |
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with a provision of this section; and |
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(5) may not use an institution's facility, uniform, |
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registered trademark, copyright-protected product, or official |
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logo, mark, or other indicia in connection with a contract for the |
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use of the student athlete's name, image, or likeness unless the |
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student athlete obtains the institution's express permission. |
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SECTION 2. Sections 51.9246(g-1) and (j), Education Code, |
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are repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract for the use of a student athlete's name, image, or |
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likeness entered into on or after the effective date of this Act. A |
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contract for the use of a student athlete's name, image, or likeness |
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entered into before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |