Texas Senate Bill SB1784

Texas 2023 - 88th Regular

• Filed: 3/7/23

Caption

Relating to use of the name, image, or likeness of a student athlete participating in an intercollegiate athletic program at an institution of higher education.

Impact

The passing of SB1784 would have significant implications for both student athletes and educational institutions across the state. It aligns Texas law with the ongoing national trend of NIL monetization for student athletes, offering them the ability to profit from their personal brand while participating in collegiate sports. Furthermore, it ensures that institutions maintain oversight on the contracts their athletes engage in, contributing to a more regulated environment that protects the athletes from potential exploitation or conflicts of interest. With provisions for confidentiality regarding athlete contracts, the bill aims to maintain the integrity of these agreements.

Summary

SB1784 is a legislative act aimed at regulating the use of the name, image, or likeness (NIL) of student athletes participating in intercollegiate athletic programs at institutions of higher education in Texas. The bill outlines specific guidelines and conditions under which student athletes may enter into contracts for the use of their NIL. It empowers educational institutions to implement their own policies while requiring student athletes to disclose any prospective NIL contracts to their institutions. Moreover, athletes are restricted from entering contracts that conflict with their team or institutional agreements, thereby maintaining compliance with the existing framework of collegiate sports regulations.

Sentiment

The sentiment surrounding SB1784 among legislators and stakeholders is generally supportive, with many viewing it as a necessary evolution in college athletics that recognizes the rights of student athletes in monetizing their personal achievements. Supporters argue that this legislation promotes fairness and equity for student athletes who generate substantial revenue for their institutions through their performances. However, there are concerns regarding how effectively these regulations will be enforced and the potential for misuse by athletes or institutions, leading to a cautious optimism in the discussions surrounding the bill.

Contention

Notable points of contention include the balance between empowering student athletes and ensuring that institutions can protect their interests. Critics express worry that without stringent enforcement, the bill could lead to conflicts that undermine the spirit of amateur athletics. There are also discussions on how the bill might affect the equality and access of athletes to NIL opportunities, especially for those from less prominent sports or smaller schools. Additionally, the confidentiality clause, which allows institutions to withhold contract information from public disclosure, raises questions about transparency in the NIL negotiations and their broader impacts on college athletics.

Texas Constitutional Statutes Affected

Education Code

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

Government Code

• Chapter 552. Public Information
  • Section: New Section