Legislative Blog
J.B. Williams, J.D.
Student athlete's compensation for use of name/image
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
This bill modifies the Education Code. Effective 7/1/2023. Limits what an institution may or may not due regarding student athletes.Student athlete's compensation for use of name/image
Published: 2024-08-07
HB 2804
Use of the name, image, or likeness of student athlete
An athletic association/ conference or other group with authority over intercollegiate athletic programs may not enforce a contract term, rule, regulation, standard, or other requirement that prohibits the institution from participating in intercollegiate athletics for performing, participating, or allowing an activity required or authorized by this section.
The rules for use are and disclosure are modified. A student may not enter into a contract for compensation if it is in exchange of accepting an offer of admission to attend. It may not be paid for an act that occurs while engaged in a team activity. It may also not be used in connection with the institution's facility, uniform, registered trademark, copyright-protected material, or official logo/mark/indicia unless the institution provides express permission. The institution must ensure licensing requirements are followed and that they are compensated.
An institution with a student athlete in this type of contract shall require the student to attend a financial literacy and life skills course during the student's first academic year. The course must be at least 5 hours in duration and include information on financial aid, debt management, time management, budgeting, and academic resources. The course must not contain marketing, advertising, or provider's services; or solicit student athletes to use provider's services.
The institution, or third-party acting on the institution's behalf, may not act as an athlete agent, be compensated, attempt to influence the student athlete's choice of profession, or attempt to diminish the student athlete's opportunities with competing third parties.
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