Texas House Bill HB1802

Texas 2023 - 88th Regular

• Filed: 1/30/23

Caption

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.

Impact

The enactment of HB1802 would potentially reshape the landscape of compensation for student athletes at the secondary school level in Texas. By enabling students to monetize their NIL, the bill aligns Texas law with broader trends seen at the collegiate level, where similar NIL rights have been hotly debated and adopted. However, the bill does maintain several restrictions to ensure that these arrangements do not interfere with school policies or the integrity of UIL activities, such as prohibiting compensation tied to endorsements of specific products like alcohol or gambling.

Summary

House Bill 1802 seeks to amend the Education Code by allowing students participating in activities governed by the University Interscholastic League (UIL) to earn compensation for the use of their name, image, and likeness (NIL). This bill specifically applies to public and private primary or secondary schools that are part of UIL activities. Under this legislation, students aged 18 or older would be allowed to obtain professional representation to negotiate contracts concerning their NIL rights, thereby empowering them financially in their extra-curricular endeavors.

Sentiment

The general sentiment surrounding HB1802 appears to be cautiously optimistic among supporters who view it as a step forward for student athletes in Texas. They assert that it offers necessary protections and rights that allow students to benefit from their talent and hard work. However, there remain concerns among some stakeholders about the potential for exploitation and the complexities that may arise from implementing NIL arrangements at the high school level.

Contention

Notable points of contention regarding HB1802 include the balance between student empowerment and the possible impacts on competitive equality within high school athletics. Critics of the bill fear that allowing students to profit from their NIL could lead to disparities among schools, especially between those with more affluent athletic programs and those without. Additionally, questions arise regarding the enforcement of the provisions intended to prevent compensation from influencing student transfers or enrollment, which remains a primary concern within the discussion of athlete recruitment practices.

Texas Constitutional Statutes Affected

Education Code

• Chapter 33. Service Programs And Extracurricular Activities
  • Section: New Section

• Chapter 51. Provisions Generally Applicable To Higher Education
  • Section: 9246