89R5375 BEE-D
By: West S.B. No. 655
A BILL TO BE ENTITLED
AN ACT
relating to prohibited student athlete name, image, and likeness
agreements; providing injunctive relief and a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 13, Occupations Code, is
amended by adding Chapter 2053 to read as follows:
CHAPTER 2053. NAME, IMAGE, AND LIKENESS AGREEMENTS
Sec. 2053.001. DEFINITION. In this chapter, "student
athlete" means an individual who as a student participates in:
(1) a University Interscholastic League activity; or
(2) an intercollegiate athletic program at an
institution of higher education.
Sec. 2053.002. PROHIBITED NAME, IMAGE, AND LIKENESS
AGREEMENTS. A person may not enter into an agreement with a student
athlete under which the person:
(1) pays the student athlete an amount as
consideration;
(2) receives the exclusive right to negotiate the use
or sale of the student athlete's name, image, and likeness for the
term of the agreement; and
(3) is entitled to receive a percentage of earnings
from the use or sale of the student athlete's name, image, and
likeness until the earlier of:
(A) the date the person has received a
predetermined amount of the student athlete's earnings; or
(B) the date the agreement expires.
Sec. 2053.003. PROHIBITED AGREEMENTS VOID AND
UNENFORCEABLE. An agreement entered into in violation of Section
2053.002 or any language in an agreement that circumvents the
prohibition imposed under that section or otherwise achieves the
same or a substantially similar effect as a prohibited agreement is
void and unenforceable.
Sec. 2053.004. PROHIBITED WAIVER. An agreement may not
waive the requirements of this chapter. A purported waiver of this
chapter is a violation of this section and is void.
Sec. 2053.005. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates this chapter is liable for a civil penalty not
to exceed $100,000 for each violation.
(b) The attorney general may bring an action in the name of
this state to:
(1) recover a civil penalty under Subsection (a);
(2) restrain or enjoin the person from violating this
chapter; or
(3) recover the civil penalty under Subsection (a) and
seek injunctive relief.
(c) The attorney general may recover reasonable attorney's
fees and court costs in bringing an action under this section.
SECTION 2. Chapter 2053, Occupations Code, as added by this
Act, applies only to an agreement entered into on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.