HB1891 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Texas statutes: Section 51.9246, Education Code, Section 2051.351, Occupations Code.

• Section 51.9246, Education Code

  Sec. 51.9246. COMPENSATION AND PROFESSIONAL REPRESENTATION OF STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETIC PROGRAMS. (a) In this section: (1) "Athlete agent" has the meaning assigned by Section 2051.001, Occupations Code. (2) "General academic teaching institution" and "private or independent institution of higher education" have the meanings assigned by Section 61.003. (b) This section applies only to: (1) a general academic teaching institution; or (2) a private or independent institution of higher education. (c) An institution to which this section applies may not: (1) adopt or enforce a policy, requirement, standard, or limitation that prohibits or otherwise prevents a student athlete participating in an intercollegiate athletic program at the institution from: (A) earning compensation for the use of the student athlete's name, image, or likeness when the student athlete is not engaged in official team activities; or (B) obtaining professional representation, including representation by an athlete agent or attorney, for contracts or other legal matters relating to the use of the student athlete's name, image, or likeness; (2) provide a prospective student athlete of an intercollegiate athletic program at the institution with compensation in relation to the prospective student athlete's name, image, or likeness; or (3) solicit a prospective student athlete of an intercollegiate athletic program at the institution to enroll by using the possibility of earning compensation from the use of the student athlete's name, image, or likeness. (d) A scholarship, grant, or similar financial assistance awarded to a student athlete by an institution to which this section applies that covers the student athlete's cost of attendance at the institution is not compensation for purposes of this section. (e) A student athlete participating in an intercollegiate athletic program at an institution to which this section applies may not be disqualified from eligibility for a scholarship, grant, or similar financial assistance awarded by the institution because the student athlete: (1) earns compensation from the use of the student athlete's name, image, or likeness when the student athlete is not engaged in official team activities; or (2) obtains professional representation, including representation by an athlete agent or attorney, for contracts or other legal matters relating to use of the student athlete's name, image, or likeness. (f) A team contract of an athletic program at an institution to which this section applies may not prohibit or otherwise prevent a student athlete from using the student athlete's name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities. (g) Subject to Subsection (h), a student athlete participating in an intercollegiate athletic program at an institution to which this section applies: (1) may enter into a contract for the student athlete's representation relating to use of the student athlete's name, image, or likeness with: (A) an athlete agent who holds a certificate of registration issued under Chapter 2051, Occupations Code; or (B) an attorney licensed to practice law in this state; and (2) shall promptly disclose to the institution, in the manner prescribed by the institution, any contract entered into by the student athlete for use of the student athlete's name, image, or likeness. (h) A student athlete participating in an intercollegiate athletic program at an institution to which this section applies may not enter into a contract for the use of the student athlete's name, image, or likeness if: (1) any provision of the contract conflicts with a provision of the student athlete's team contract; (2) the compensation for the use of the student athlete's name, image, or likeness exceeds the fair market value of the use of the student athlete's name, image, or likeness; (3) the compensation for the use of the student athlete's name, image

  added

• Section 2051.351, Occupations Code

  (b-1) This chapter, including this section, does not prohibit an athlete agent from representing a student athlete in the use of the student athlete's name, image, or likeness in accordance with Section 51.9246, Education Code.

  amended