Texas 2021 - 87th Regular

Texas Senate Bill SB660 Compare Versions

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

Old	New	Differences
1	1	87R5016 ADM-D
2	2	By: Zaffirini, et al. S.B. No. 660
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 institutions of higher education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds and declares the
12	12	following:
13	13	(1) intercollegiate athletics are an essential part of
14	14	the fabric of this state;
15	15	(2) the competitive integrity of intercollegiate
16	16	athletics is of vital importance;
17	17	(3) the United States Congress has failed to act to
18	18	provide uniform guidance to the states on the matter of
19	19	intercollegiate athletes receiving compensation in exchange for
20	20	the use of the athlete's name, image, or likeness; and
21	21	(4) the United States Congress must act on this matter
22	22	to ensure the competitive integrity of intercollegiate athletics.
23	23	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
24	24	amended by adding Section 51.9246 to read as follows:
25	25	Sec. 51.9246. COMPENSATION AND PROFESSIONAL REPRESENTATION
26	26	OF STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETIC
27	27	PROGRAMS. (a) In this section:
28	28	(1) "Athlete agent" has the meaning assigned by
29	29	Section 2051.001, Occupations Code.
30	30	(2) "General academic teaching institution" and
31	31	"private or independent institution of higher education" have the
32	32	meanings assigned by Section 61.003.
33	33	(b) This section applies only to:
34	34	(1) a general academic teaching institution; or
35	35	(2) a private or independent institution of higher
36	36	education.
37	37	(c) An institution to which this section applies may not:
38	38	(1) adopt or enforce a policy, requirement, standard,
39	39	or limitation that prohibits or otherwise prevents a student
40	40	athlete participating in an intercollegiate athletic program at the
41	41	institution from:
42	42	(A) earning compensation for the use of the
43	43	student athlete's name, image, or likeness when the student athlete
44	44	is not engaged in official team activities; or
45	45	(B) obtaining professional representation,
46	46	including representation by an athlete agent or attorney, for
47	47	contracts or other legal matters relating to the use of the student
48	48	athlete's name, image, or likeness;
49	49	(2) provide a prospective student athlete of an
50	50	intercollegiate athletic program at the institution with
51	51	compensation in relation to the prospective student athlete's name,
52	52	image, or likeness; or
53	53	(3) solicit a prospective student athlete of an
54	54	intercollegiate athletic program at the institution to enroll by
55	55	using the possibility of earning compensation from the use of the
56	56	student athlete's name, image, or likeness.
57	57	(d) A scholarship, grant, or similar financial assistance
58	58	awarded to a student athlete by an institution to which this section
59	59	applies that covers the student athlete's cost of attendance at the
60	60	institution is not compensation for purposes of this section.
61	61	(e) A student athlete participating in an intercollegiate
62	62	athletic program at an institution to which this section applies
63	63	may not be disqualified from eligibility for a scholarship, grant,
64	64	or similar financial assistance awarded by the institution because
65	65	the student athlete:
66	66	(1) earns compensation from the use of the student
67	67	athlete's name, image, or likeness when the student athlete is not
68	68	engaged in official team activities; or
69	69	(2) obtains professional representation, including
70	70	representation by an athlete agent or attorney, for contracts or
71	71	other legal matters relating to use of the student athlete's name,
72	72	image, or likeness.
73	73	(f) A team contract of an athletic program at an institution
74	74	to which this section applies may not prohibit or otherwise prevent
75	75	a student athlete from using the student athlete's name, image, or
76	76	likeness for a commercial purpose when the student athlete is not
77	77	engaged in official team activities.
78	78	(g) Subject to Subsection (h), a student athlete
79	79	participating in an intercollegiate athletic program at an
80	80	institution to which this section applies:
81	81	(1) may enter into a contract for the student athlete's
82	82	representation relating to use of the student athlete's name,
83	83	image, or likeness with:
84	84	(A) an athlete agent who holds a certificate of
85	85	registration issued under Chapter 2051, Occupations Code; or
86	86	(B) an attorney licensed to practice law in this
87	87	state; and
88	88	(2) shall promptly disclose to the institution, in the
89	89	manner prescribed by the institution, any contract entered into by
90	90	the student athlete for use of the student athlete's name, image, or
91	91	likeness.
92	92	(h) A student athlete participating in an intercollegiate
93	93	athletic program at an institution to which this section applies
94	94	may not enter into a contract for the use of the student athlete's
95	95	name, image, or likeness if:
96	96	(1) any provision of the contract conflicts with a
97	97	provision of the student athlete's team contract;
98	98	(2) the compensation for the use of the student
99	99	athlete's name, image, or likeness exceeds the fair market value of
100	100	the use of the student athlete's name, image, or likeness;
101	101	(3) the compensation for the use of the student
102	102	athlete's name, image, or likeness is provided:
103	103	(A) in exchange for athletic performance or
104	104	attendance at the institution;
105	105	(B) by the institution or a person affiliated
106	106	with the institution;
107	107	(C) in exchange for property owned by the
108	108	institution or for using intellectual property or other property
109	109	owned by the institution; or
110	110	(D) in exchange for an endorsement of alcohol,
111	111	tobacco products, gambling, firearms, or a sexually oriented
112	112	business as defined in Section 243.002, Local Government Code; or
113	113	(4) the duration of the contract extends beyond the
114	114	student athlete's participation in the intercollegiate athletic
115	115	program.
116	116	(i) An institution to which this section applies that
117	117	identifies a provision in a contract disclosed to the institution
118	118	by a student athlete under Subsection (g)(2) that conflicts with a
119	119	provision in the student athlete's team contract shall promptly
120	120	disclose the conflict to the student athlete or the student
121	121	athlete's representative, if applicable.
122	122	(j) An athletic association, conference, or other group or
123	123	organization with authority over intercollegiate athletics,
124	124	including the National Collegiate Athletic Association, may not:
125	125	(1) prohibit or prevent a student athlete from
126	126	participating in an intercollegiate athletic program at an
127	127	institution to which this section applies because the student
128	128	athlete:
129	129	(A) earns compensation from the use of the
130	130	student athlete's name, image, or likeness; or
131	131	(B) obtains professional representation,
132	132	including representation by an athlete agent or attorney, for
133	133	contracts or other legal matters relating to use of the student
134	134	athlete's name, image, or likeness;
135	135	(2) prohibit or prevent a student athlete
136	136	participating in an intercollegiate athletic program at an
137	137	institution to which this section applies from engaging in conduct
138	138	described by Subdivision (1)(A) or (B); or
139	139	(3) provide a prospective student athlete of an
140	140	intercollegiate athletic program at an institution to which this
141	141	section applies with compensation in relation to the prospective
142	142	student athlete's name, image, or likeness.
143	143	(k) A disclosure made by a student athlete in accordance
144	144	with Subsection (g)(2) is not public information for the purposes
145	145	of Chapter 552, Government Code.
146	146	SECTION 3. Section 2051.351, Occupations Code, is amended
147	147	by adding Subsection (b-1) to read as follows:
148	148	(b-1) This chapter, including this section, does not
149	149	prohibit an athlete agent from representing a student athlete in
150	150	the use of the student athlete's name, image, or likeness in
151	151	accordance with Section 51.9246, Education Code.
152	152	SECTION 4. Section 51.9246(f), Education Code, as added by
153	153	this Act, applies only to a contract entered into, modified, or
154	154	renewed on or after the effective date of this Act.
155	155	SECTION 5. This Act takes effect January 1, 2024.