Bill Summary – FastDemocracy

      
		By: Kolkhorst
            S.B. No. 1784
         
               A BILL TO BE ENTITLED
            
               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), (g-1), (l), (m), and (n) 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. 
         
                   (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 
         
            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) An institution may not authorize a use described by  
         
            Subsection (g)(5) unless the institution requires that:
         
                         (1)  the student athlete and the person with which the 
         
            student athlete has contracted for the use of the student athlete's 
         
            name, image, or likeness comply with any requirements the 
         
            institution establishes, including requirements related to 
         
            licensing; and
         
                         (2)  the institution is compensated for the use in a 
         
            manner consistent with market rates.
         
                   (i)  An institution to which this section applies shall offer 
         
            a financial literacy and life skills program that [require] a 
         
            student athlete participating in an intercollegiate athletic 
         
            program at the institution may [to] attend during [a financial  
         
            literacy and life skills workshop at the beginning of] the 
         
            student's first year [and third academic years] at th
Statutes affected: 
Introduced: Education Code 51.9246 (Education Code 51)


	A BILL TO BE ENTITLED
	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), (g-1), (l), (m), and (n) 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.
	(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
	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) An institution may not authorize a use described by
	Subsection (g)(5) unless the institution requires that:
	(1) the student athlete and the person with which the
	student athlete has contracted for the use of the student athlete's
	name, image, or likeness comply with any requirements the
	institution establishes, including requirements related to
	licensing; and
	(2) the institution is compensated for the use in a
	manner consistent with market rates.
	(i) An institution to which this section applies shall offer
	a financial literacy and life skills program that [~~require~~] a
	student athlete participating in an intercollegiate athletic
	program at the institution may [to] attend during [~~a financial~~
	~~literacy and life skills~~ ~~workshop at the beginning of~~] the
	student's first year [~~and third academic years~~] at th Statutes affected: Introduced: Education Code 51.9246 (Education Code 51)