By: Capriglione H.B. No. 1802
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.098 to read as follows:
Sec. 33.098. COMPENSATION AND PROFESSIONAL REPRESENTATION
OF STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE
ACTIVITIES. (a) In this section, "league" means the University
Interscholastic League.
(b) This section applies only to a public or private primary
or secondary school that participates in league activities.
(c) The league or a school to which this section applies may
not adopt or enforce a policy, requirement, standard, or limitation
that prohibits or otherwise prevents an eligible student
participating in a league activity from:
(1) earning compensation for the use of the student's
name, image, or likeness when the student is not engaged in official
league activities, as that term is defined by the league; or
(2) 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's name, image, or likeness.
(d) A student is eligible to engage in activities described
by Subsection (c) only if the student:
(1) is 18 years of age or older;
(2) meets the grade requirements under Section
33.081(c); and
(3) complies with the rules adopted by the league
under this section.
(e) The league shall adopt rules as necessary to administer
this section. The rules must include:
(1) provisions to ensure that compensation, or the
promise of compensation, may not be used to facilitate the
enrollment in or transfer of a student to a school participating in
a league activity;
(2) provisions prohibiting compensation in exchange
for an endorsement of alcohol, tobacco products, e-cigarettes or
any other type of nicotine delivery device, anabolic steroids,
sports betting, casino gambling, a firearm the student cannot
legally purchase, or a sexually oriented business as defined in
Section 243.002, Local Government Code;
(3) provisions authorizing a school district, school,
or team to prohibit compensation that conflicts with the policy or
honor code of the school district, school, or team; and
(4) minimum requirements for a student engaging in
activities described by Subsection (c) to receive financial
literacy and life skills education.
SECTION 2. Section 51.9246(j), Education Code, is amended
to read as follows:
(j) No individual, corporate entity, or other organization
may:
(1) enter into any arrangement with a prospective
student athlete or student athlete relating to the [prospective]
student athlete's name, image, or likeness unless the student
athlete is 18 years of age or older [prior to their enrollment in an
institution of higher education]; or
(2) use inducements of future name, image, and
likeness compensation arrangement to recruit a prospective student
athlete to any institution of higher education.
SECTION 3. The changes in law made by this Act apply only to
a contract entered into, modified, or renewed on or after the
effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.