| 1 | 1 | | 89R5375 BEE-D |
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| 2 | 2 | | By: West S.B. No. 655 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibited student athlete name, image, and likeness |
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| 10 | 10 | | agreements; providing injunctive relief and a civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle B, Title 13, Occupations Code, is |
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| 13 | 13 | | amended by adding Chapter 2053 to read as follows: |
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| 14 | 14 | | CHAPTER 2053. NAME, IMAGE, AND LIKENESS AGREEMENTS |
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| 15 | 15 | | Sec. 2053.001. DEFINITION. In this chapter, "student |
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| 16 | 16 | | athlete" means an individual who as a student participates in: |
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| 17 | 17 | | (1) a University Interscholastic League activity; or |
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| 18 | 18 | | (2) an intercollegiate athletic program at an |
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| 19 | 19 | | institution of higher education. |
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| 20 | 20 | | Sec. 2053.002. PROHIBITED NAME, IMAGE, AND LIKENESS |
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| 21 | 21 | | AGREEMENTS. A person may not enter into an agreement with a student |
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| 22 | 22 | | athlete under which the person: |
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| 23 | 23 | | (1) pays the student athlete an amount as |
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| 24 | 24 | | consideration; |
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| 25 | 25 | | (2) receives the exclusive right to negotiate the use |
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| 26 | 26 | | or sale of the student athlete's name, image, and likeness for the |
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| 27 | 27 | | term of the agreement; and |
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| 28 | 28 | | (3) is entitled to receive a percentage of earnings |
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| 29 | 29 | | from the use or sale of the student athlete's name, image, and |
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| 30 | 30 | | likeness until the earlier of: |
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| 31 | 31 | | (A) the date the person has received a |
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| 32 | 32 | | predetermined amount of the student athlete's earnings; or |
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| 33 | 33 | | (B) the date the agreement expires. |
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| 34 | 34 | | Sec. 2053.003. PROHIBITED AGREEMENTS VOID AND |
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| 35 | 35 | | UNENFORCEABLE. An agreement entered into in violation of Section |
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| 36 | 36 | | 2053.002 or any language in an agreement that circumvents the |
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| 37 | 37 | | prohibition imposed under that section or otherwise achieves the |
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| 38 | 38 | | same or a substantially similar effect as a prohibited agreement is |
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| 39 | 39 | | void and unenforceable. |
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| 40 | 40 | | Sec. 2053.004. PROHIBITED WAIVER. An agreement may not |
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| 41 | 41 | | waive the requirements of this chapter. A purported waiver of this |
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| 42 | 42 | | chapter is a violation of this section and is void. |
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| 43 | 43 | | Sec. 2053.005. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A |
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| 44 | 44 | | person who violates this chapter is liable for a civil penalty not |
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| 45 | 45 | | to exceed $100,000 for each violation. |
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| 46 | 46 | | (b) The attorney general may bring an action in the name of |
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| 47 | 47 | | this state to: |
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| 48 | 48 | | (1) recover a civil penalty under Subsection (a); |
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| 49 | 49 | | (2) restrain or enjoin the person from violating this |
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| 50 | 50 | | chapter; or |
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| 51 | 51 | | (3) recover the civil penalty under Subsection (a) and |
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| 52 | 52 | | seek injunctive relief. |
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| 53 | 53 | | (c) The attorney general may recover reasonable attorney's |
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| 54 | 54 | | fees and court costs in bringing an action under this section. |
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| 55 | 55 | | SECTION 2. Chapter 2053, Occupations Code, as added by this |
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| 56 | 56 | | Act, applies only to an agreement entered into on or after the |
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| 57 | 57 | | effective date of this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2025. |
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