Texas 2025 - 89th Regular

Texas House Bill HB3220 Compare Versions

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

Old	New	Differences
1	1	89R15538 BEE-F
2	2	By: Tepper H.B. No. 3220
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the compensation and professional representation of
10	10	prospective student athletes and student athletes participating in
11	11	intercollegiate athletic programs at certain institutions of
12	12	higher education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 51.9246(c) and (g), Education Code, are
15	15	amended to read as follows:
16	16	(c) An institution to which this section applies may not[:
17	17	[(1)] adopt or enforce a policy, requirement,
18	18	standard, or limitation that prohibits or otherwise prevents a
19	19	student athlete participating in an intercollegiate athletic
20	20	program at the institution from:
21	21	(1) [(A)] earning compensation for the use of the
22	22	student athlete's name, image, or likeness when the student athlete
23	23	is not engaged in official team activities, as that term is defined
24	24	by the institution; or
25	25	(2) [(B)] obtaining professional representation,
26	26	including representation by an attorney licensed to practice law in
27	27	this state, for contracts or other legal matters relating to the use
28	28	of the student athlete's name, image, or likeness[; or
29	29	[(2) provide or solicit a prospective student athlete
30	30	of an intercollegiate athletic program at the institution with
31	31	compensation in relation to the prospective student athlete's name,
32	32	image, or likeness].
33	33	(g) A student athlete participating in an intercollegiate
34	34	athletic program at an institution to which this section applies:
35	35	(1) shall, before entering into the contract, disclose
36	36	to the institution, in the manner prescribed by the institution,
37	37	any proposed contract the student athlete may sign for use of the
38	38	student athlete's name, image, or likeness;
39	39	(2) may not enter into a contract for the use of the
40	40	student athlete's name, image, or likeness if:
41	41	(A) any provision of the contract conflicts with
42	42	a provision of the student athlete's team contract, a provision of
43	43	an institutional contract of the institution, a policy of the
44	44	athletic department of the institution, or a provision of the honor
45	45	code of the institution;
46	46	(B) the compensation for the use of the student
47	47	athlete's name, image, or likeness is provided:
48	48	(i) in exchange for athletic performance
49	49	[or accepting an offer of admission to attend the institution;
50	50	[(ii) by the institution;
51	51	[(iii) in exchange for an act that occurs
52	52	while the athlete is engaged in an official team activity]; or
53	53	(ii) [(iv)] in exchange for an endorsement
54	54	of alcohol, tobacco products, e-cigarettes or any other type of
55	55	nicotine delivery device, anabolic steroids, sports betting,
56	56	casino gambling, a firearm the student athlete cannot legally
57	57	purchase, or a sexually oriented business as defined in Section
58	58	243.002, Local Government Code; or
59	59	(C) the duration of the contract extends beyond
60	60	the student athlete's participation in the intercollegiate
61	61	athletic program;
62	62	(3) is not considered an employee of the institution
63	63	based on the student athlete's participation in the intercollegiate
64	64	athletic program;
65	65	(4) may earn compensation from selling the student
66	66	athlete's autograph in a manner that does not otherwise conflict
67	67	with a provision of this section; and
68	68	(5) may not use an institution's facility, uniform,
69	69	registered trademark, copyright-protected product, or official
70	70	logo, mark, or other indicia in connection with a contract for the
71	71	use of the student athlete's name, image, or likeness unless the
72	72	student athlete obtains the institution's express permission.
73	73	SECTION 2. Sections 51.9246(g-1) and (j), Education Code,
74	74	are repealed.
75	75	SECTION 3. The changes in law made by this Act apply only to
76	76	a contract for the use of a student athlete's name, image, or
77	77	likeness entered into on or after the effective date of this Act. A
78	78	contract for the use of a student athlete's name, image, or likeness
79	79	entered into before the effective date of this Act is governed by
80	80	the law as it existed immediately before the effective date of this
81	81	Act, and that law is continued in effect for that purpose.
82	82	SECTION 4. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2025.