Bill Summary – FastDemocracy

   
      88(R) HB 2804 - Enrolled version - Bill Text
      
            H.B.  No.  2804
         
               AN ACT
            
            relating to use of the name, image, or likeness of a student athlete 
         
            participating in an intercollegiate athletic program at an 
         
            institution of higher education.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 51.9246, Education Code, is amended by 
         
            adding Subsections (a-1), (c-1), (g-1), (g-2), (l), (m), (n), (o), 
         
            and (p) and amending Subsections (g) and (i) to read as follows:
         
                          (a-1)    For purposes of this section, official team 
         
            activities of an intercollegiate athletic program at an institution 
         
            to which this section applies include any activity the institution 
         
            designates as an official team activity.
         
                          (c-1)    An athletic association, an athletic conference, or 
         
            any other group or organization with authority over an 
         
            intercollegiate athletic program at an institution to which this 
         
            section applies may not enforce a contract term, a rule, a 
         
            regulation, a standard, or any other requirement that prohibits the 
         
            institution from participating in intercollegiate athletics or 
         
            otherwise penalizes the institution or the institution's 
         
            intercollegiate athletic program for performing, participating in, 
         
            or allowing an activity required or authorized by this section.
         
                          (g)    A student athlete participating in an intercollegiate 
         
            athletic program at an institution to which this section applies:
         
                                      (1)    shall, before entering into the contract, disclose 
         
            to the institution, in the manner prescribed by the institution, 
         
            any proposed contract the student athlete may sign for use of the 
         
            student athlete's name, image, or likeness;
         
                                      (2)    may not enter into a contract for the use of the 
         
            student athlete's name, image, or likeness if:
         
                                                  (A)    any provision of the contract conflicts with 
         
            a provision of the student athlete's team contract, a provision of 
         
            an institutional contract of the institution, a policy of the 
         
            athletic department of the institution, or a provision of the honor 
         
            code of the institution;
         
                                                  (B)    the compensation for the use of the student 
         
            athlete's name, image, or likeness is provided:
         
                                                              (i)    in exchange for athletic performance or 
         
            accepting an offer of admission to attend  [attendance at] the 
         
            institution;
         
                                                              (ii)    by the institution;
         
                                                              (iii)    in exchange for an act that occurs 
         
            while the athlete is engaged in an official team activity [property 
         
            owned by the institution or for providing an endorsement while 
         
            using intellectual property or other property owned by the 
         
            institution]; or
         
                                                              (iv)    in exchange for an endorsement of 
         
            alcohol, tobacco products, e-cigarettes or any other type of 
         
            nicotine delivery device, anabolic steroids, sports betting, 
         
            casino gambling, a firearm the student athlete cannot legally 
         
            purchase, or a sexually oriented business as defined in Section 
         
            243.002, Local Government Code; or
         
                                                  (C)    the duration of the contract extends beyond 
         
            the student athlete's participation in the intercollegiate 
         
            athletic program;
         
                                      (3)    is not considered an employee of the institution 
         
            based on the student athlete's participation in the intercollegiate 
         
            athletic program; [and]
         
                                      (4)    may earn compensation from selling the student 
         
            athlete's autograph in a manner that does not otherwise conflict 
         
            with a provision of this section; and
         
                                      (5)    may not use an institution's facility, uniform, 
         
            registered trademark, copyright-protected product, or official 
         
            logo, mark, or other indicia in connection with a contract for the 
         
            use of the student athlete's name, image, or likeness unless the 
         
            student athlete obtains the institution's express permission.
         
                          (g-1)    The following activities do not constitute 
         
            compensation provided by an institution to which this section 
         
            applies under Subsection (g)(2)(B)(ii):
         
Statutes affected: 
Introduced: Education Code 51.9246 (Education Code 51)
House Committee Report: Education Code 51.9246 (Education Code 51)
Engrossed: Education Code 51.9246 (Education Code 51)
Senate Committee Report: Education Code 51.9246 (Education Code 51)
Enrolled: Education Code 51.9246 (Education Code 51)




	AN ACT
	relating to use of the name, image, or likeness of a student athlete
	participating in an intercollegiate athletic program at an
	institution of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 51.9246, Education Code, is amended by
	adding Subsections (a-1), (c-1), (g-1), (g-2), (l), (m), (n), (o),
	and (p) and amending Subsections (g) and (i) to read as follows:
	(a-1) For purposes of this section, official team
	activities of an intercollegiate athletic program at an institution
	to which this section applies include any activity the institution
	designates as an official team activity.
	(c-1) An athletic association, an athletic conference, or
	any other group or organization with authority over an
	intercollegiate athletic program at an institution to which this
	section applies may not enforce a contract term, a rule, a
	regulation, a standard, or any other requirement that prohibits the
	institution from participating in intercollegiate athletics or
	otherwise penalizes the institution or the institution's
	intercollegiate athletic program for performing, participating in,
	or allowing an activity required or authorized by this section.
	(g) A student athlete participating in an intercollegiate
	athletic program at an institution to which this section applies:
	(1) shall, before entering into the contract, disclose
	to the institution, in the manner prescribed by the institution,
	any proposed contract the student athlete may sign for use of the
	student athlete's name, image, or likeness;
	(2) may not enter into a contract for the use of the
	student athlete's name, image, or likeness if:
	(A) any provision of the contract conflicts with
	a provision of the student athlete's team contract, a provision of
	an institutional contract of the institution, a policy of the
	athletic department of the institution, or a provision of the honor
	code of the institution;
	(B) the compensation for the use of the student
	athlete's name, image, or likeness is provided:
	(i) in exchange for athletic performance or
	accepting an offer of admission to attend [~~attendance at~~] the
	institution;
	(ii) by the institution;
	(iii) in exchange for an act that occurs
	while the athlete is engaged in an official team activity [~~property~~
	~~owned by the institution or for providing an endorsement while~~
	~~using intellectual property or other property owned by the~~
	~~institution~~]; or
	(iv) in exchange for an endorsement of
	alcohol, tobacco products, e-cigarettes or any other type of
	nicotine delivery device, anabolic steroids, sports betting,
	casino gambling, a firearm the student athlete cannot legally
	purchase, or a sexually oriented business as defined in Section
	243.002, Local Government Code; or
	(C) the duration of the contract extends beyond
	the student athlete's participation in the intercollegiate
	athletic program;
	(3) is not considered an employee of the institution
	based on the student athlete's participation in the intercollegiate
	athletic program; [~~and~~]
	(4) may earn compensation from selling the student
	athlete's autograph in a manner that does not otherwise conflict
	with a provision of this section; and
	(5) may not use an institution's facility, uniform,
	registered trademark, copyright-protected product, or official
	logo, mark, or other indicia in connection with a contract for the
	use of the student athlete's name, image, or likeness unless the
	student athlete obtains the institution's express permission.
	(g-1) The following activities do not constitute
	compensation provided by an institution to which this section
	applies under Subsection (g)(2)(B)(ii):
Statutes affected: Introduced: Education Code 51.9246 (Education Code 51) House Committee Report: Education Code 51.9246 (Education Code 51) Engrossed: Education Code 51.9246 (Education Code 51) Senate Committee Report: Education Code 51.9246 (Education Code 51) Enrolled: Education Code 51.9246 (Education Code 51)