| 1 | 1 | | By: Capriglione H.B. No. 1802 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the compensation and professional representation of |
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| 7 | 7 | | certain students participating in University Interscholastic |
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| 8 | 8 | | League activities or in intercollegiate athletic programs at |
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| 9 | 9 | | certain institutions of higher education. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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| 12 | 12 | | amended by adding Section 33.098 to read as follows: |
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| 13 | 13 | | Sec. 33.098. COMPENSATION AND PROFESSIONAL REPRESENTATION |
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| 14 | 14 | | OF STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE |
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| 15 | 15 | | ACTIVITIES. (a) In this section, "league" means the University |
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| 16 | 16 | | Interscholastic League. |
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| 17 | 17 | | (b) This section applies only to a public or private primary |
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| 18 | 18 | | or secondary school that participates in league activities. |
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| 19 | 19 | | (c) The league or a school to which this section applies may |
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| 20 | 20 | | not adopt or enforce a policy, requirement, standard, or limitation |
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| 21 | 21 | | that prohibits or otherwise prevents an eligible student |
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| 22 | 22 | | participating in a league activity from: |
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| 23 | 23 | | (1) earning compensation for the use of the student's |
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| 24 | 24 | | name, image, or likeness when the student is not engaged in official |
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| 25 | 25 | | league activities, as that term is defined by the league; or |
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| 26 | 26 | | (2) obtaining professional representation, including |
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| 27 | 27 | | representation by an attorney licensed to practice law in this |
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| 28 | 28 | | state, for contracts or other legal matters relating to the use of |
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| 29 | 29 | | the student's name, image, or likeness. |
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| 30 | 30 | | (d) A student is eligible to engage in activities described |
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| 31 | 31 | | by Subsection (c) only if the student: |
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| 32 | 32 | | (1) is 18 years of age or older; |
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| 33 | 33 | | (2) meets the grade requirements under Section |
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| 34 | 34 | | 33.081(c); and |
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| 35 | 35 | | (3) complies with the rules adopted by the league |
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| 36 | 36 | | under this section. |
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| 37 | 37 | | (e) The league shall adopt rules as necessary to administer |
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| 38 | 38 | | this section. The rules must include: |
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| 39 | 39 | | (1) provisions to ensure that compensation, or the |
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| 40 | 40 | | promise of compensation, may not be used to facilitate the |
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| 41 | 41 | | enrollment in or transfer of a student to a school participating in |
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| 42 | 42 | | a league activity; |
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| 43 | 43 | | (2) provisions prohibiting compensation in exchange |
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| 44 | 44 | | for an endorsement of alcohol, tobacco products, e-cigarettes or |
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| 45 | 45 | | any other type of nicotine delivery device, anabolic steroids, |
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| 46 | 46 | | sports betting, casino gambling, a firearm the student cannot |
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| 47 | 47 | | legally purchase, or a sexually oriented business as defined in |
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| 48 | 48 | | Section 243.002, Local Government Code; |
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| 49 | 49 | | (3) provisions authorizing a school district, school, |
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| 50 | 50 | | or team to prohibit compensation that conflicts with the policy or |
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| 51 | 51 | | honor code of the school district, school, or team; and |
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| 52 | 52 | | (4) minimum requirements for a student engaging in |
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| 53 | 53 | | activities described by Subsection (c) to receive financial |
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| 54 | 54 | | literacy and life skills education. |
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| 55 | 55 | | SECTION 2. Section 51.9246(j), Education Code, is amended |
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| 56 | 56 | | to read as follows: |
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| 57 | 57 | | (j) No individual, corporate entity, or other organization |
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| 58 | 58 | | may: |
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| 59 | 59 | | (1) enter into any arrangement with a prospective |
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| 60 | 60 | | student athlete or student athlete relating to the [prospective] |
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| 61 | 61 | | student athlete's name, image, or likeness unless the student |
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| 62 | 62 | | athlete is 18 years of age or older [prior to their enrollment in an |
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| 63 | 63 | | institution of higher education]; or |
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| 64 | 64 | | (2) use inducements of future name, image, and |
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| 65 | 65 | | likeness compensation arrangement to recruit a prospective student |
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| 66 | 66 | | athlete to any institution of higher education. |
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| 67 | 67 | | SECTION 3. The changes in law made by this Act apply only to |
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| 68 | 68 | | a contract entered into, modified, or renewed on or after the |
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| 69 | 69 | | effective date of this Act. |
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| 70 | 70 | | SECTION 4. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2023. |
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