Texas 2021 - 87th Regular

Texas House Bill HB920 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R78 KSD-D
2	2	By: Krause H.B. No. 920
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the compensation and professional representation of
8	8	student athletes participating in intercollegiate athletic
9	9	programs at certain public and private institutions of higher
10	10	education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
13	13	amended by adding Section 51.9246 to read as follows:
14	14	Sec. 51.9246. COMPENSATION AND PROFESSIONAL REPRESENTATION
15	15	OF STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETIC
16	16	PROGRAMS. (a) In this section:
17	17	(1) "Athlete agent" has the meaning assigned by
18	18	Section 2051.001, Occupations Code.
19	19	(2) "General academic teaching institution" and
20	20	"private or independent institution of higher education" have the
21	21	meanings assigned by Section 61.003.
22	22	(b) This section applies only to:
23	23	(1) a general academic teaching institution; or
24	24	(2) a private or independent institution of higher
25	25	education.
26	26	(c) An institution to which this section applies may not:
27	27	(1) adopt or enforce a policy, requirement, standard,
28	28	or limitation that prohibits or otherwise prevents a student
29	29	athlete participating in an intercollegiate athletic program at the
30	30	institution from:
31	31	(A) earning compensation for the use of the
32	32	student athlete's name, image, or likeness when the student athlete
33	33	is not engaged in official team activities; or
34	34	(B) obtaining professional representation,
35	35	including representation by an athlete agent or attorney, in
36	36	relation to contracts or other legal matters; or
37	37	(2) provide a prospective student athlete of an
38	38	intercollegiate athletic program at the institution with
39	39	compensation in relation to the prospective student athlete's name,
40	40	image, or likeness.
41	41	(d) A scholarship, grant, or similar financial assistance
42	42	awarded to a student athlete by an institution to which this section
43	43	applies that covers the student athlete's cost of attendance at the
44	44	institution is not compensation for purposes of this section.
45	45	(e) A student athlete participating in an intercollegiate
46	46	athletic program at an institution to which this section applies
47	47	may not be disqualified from eligibility for a scholarship, grant,
48	48	or similar financial assistance awarded by the institution because
49	49	the student athlete:
50	50	(1) earns compensation from the use of the student
51	51	athlete's name, image, or likeness when the student athlete is not
52	52	engaged in official team activities; or
53	53	(2) obtains professional representation, including
54	54	representation by an athlete agent or attorney, in relation to
55	55	contracts or other legal matters.
56	56	(f) A team contract of an athletic program at an institution
57	57	to which this section applies may not prohibit or otherwise prevent
58	58	a student athlete from using the student athlete's name, image, or
59	59	likeness for a commercial purpose when the student athlete is not
60	60	engaged in official team activities.
61	61	(g) A student athlete participating in an intercollegiate
62	62	athletic program at an institution to which this section applies:
63	63	(1) shall promptly disclose to the institution, in the
64	64	manner prescribed by the institution, any contract entered into by
65	65	the student athlete for use of the student athlete's name, image, or
66	66	likeness;
67	67	(2) may not enter into a contract that provides
68	68	compensation for the use of the student athlete's name, image, or
69	69	likeness if any provision of the contract conflicts with a
70	70	provision of the student athlete's team contract; and
71	71	(3) may not enter into a contract for the student
72	72	athlete's representation by an athlete agent unless the athlete
73	73	agent holds a certificate of registration under Chapter 2051,
74	74	Occupations Code.
75	75	(h) An institution to which this section applies that
76	76	identifies a provision in a contract disclosed to the institution
77	77	by a student athlete under Subsection (g)(1) that conflicts with a
78	78	provision in the student athlete's team contract shall promptly
79	79	disclose the conflict to the student athlete or the student
80	80	athlete's representative, if applicable.
81	81	(i) An athletic association, conference, or other group or
82	82	organization with authority over intercollegiate athletics,
83	83	including the National Collegiate Athletic Association, may not:
84	84	(1) prohibit or prevent a student athlete from
85	85	participating in an intercollegiate athletic program at an
86	86	institution to which this section applies because the student
87	87	athlete:
88	88	(A) earns compensation from the use of the
89	89	student athlete's name, image, or likeness; or
90	90	(B) obtains professional representation,
91	91	including representation by an athlete agent or attorney, in
92	92	relation to contracts or other legal matters;
93	93	(2) prohibit or prevent a student athlete
94	94	participating in an intercollegiate athletic program at an
95	95	institution to which this section applies from engaging in conduct
96	96	described by Subdivision (1)(A) or (B); or
97	97	(3) provide a prospective student athlete of an
98	98	intercollegiate athletic program at an institution to which this
99	99	section applies with compensation in relation to the prospective
100	100	student athlete's name, image, or likeness.
101	101	SECTION 2. Section 51.9246(f), Education Code, as added by
102	102	this Act, applies only to a contract entered into, modified, or
103	103	renewed on or after the effective date of this Act.
104	104	SECTION 3. This Act takes effect January 1, 2023.