Texas HB 126: Relating to the compensation and professional representation of prospective student athletes and student athletes participating in intercollegiate athletic programs at certain institutions of higher education.

Bill Text

89(R) HB 126 - Enrolled version - Bill Text

  

  

  
 H.B. No. 126

  

  

  

  

 AN ACT

  

 relating to the compensation and professional representation of 

  

 prospective student athletes and student athletes participating in 

  

 intercollegiate athletic programs at certain institutions of 

  

 higher education.

  

        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

  

        SECTION 1.  Section 51.9246, Education Code, is amended by 

  

 amending Subsections (c) and (g) and adding Subsections (c-2), 

  

 (c-3), and (k-1) to read as follows:

  

        (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:

  

              (1) [(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, as that term is defined 

  

 by the institution; or

  

              (2) [(B)]  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 athlete's name, image, or likeness[; or

  

              [(2)  provide or solicit 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].

  

        (c-2)  This subsection applies only to the extent of a 

  

 conflict between this section and a contract term, a rule, a 

  

 regulation, a standard, or any other requirement of or court order 

  

 applicable to a group or organization with authority over an 

  

 intercollegiate athletic program at an institution to which this 

  

 section applies, including an athletic association or an athletic 

  

 conference.  Subject to Subsections (c-3) and (k-1), an institution 

  

 to which this section applies, a prospective student athlete, a 

  

 student athlete participating in an intercollegiate athletic 

  

 program at an institution to which this section applies, or any 

  

 other individual or entity may perform, allow the performance of, 

  

 or participate in an action authorized or required by:

  

              (1)  a group or organization with authority over an 

  

 intercollegiate athletic program at an institution to which this 

  

 section applies, including an athletic association or an athletic 

  

 conference; or

  

              (2)  a final court order applicable to a group or 

  

 organization described by Subdivision (1).

  

        (c-3)  An institution's, individual's, or entity's 

  

 performance or allowance of performance of or participation in an 

  

 action authorized by Subsection (c-2) subjects that institution, 

  

 individual, or entity to any applicable rule, including an 

  

 enforcement provision, adopted by the group or organization with 

  

 authority over an intercollegiate athletic program at an 

  

 institution to which this section applies, including an athletic 

  

 association or an athletic conference.

  

        (g)  A student athlete participating in an intercollegiate 

  

 athletic program at an institution to which this section applies:

  

              (1)  shall, before entering into the contract, disclose 

  

 to the institution, in the manner prescribed by the institution, 

  

 any proposed contract the student athlete may sign for use of the 

  

 student athlete's name, image, or likeness;

  

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