Amends TCA Title 49.

ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1351, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to authorize an intercollegiate athlete at a four-year public or private institution of higher education located in this state, other than an institution of higher education governed by the board of regents of the state university and community college system, (an "institution") to earn compensation for the use of the athlete's name, image, or likeness; provided, that such compensation:<br /> <br /> (1) Is commensurate with the fair market value of the authorized use of the athlete's name, image, or likeness;<br /> <br /> (2) Is not provided in exchange for athletic performance or attendance at an institution and may only be provided by a third party; and<br /> <br /> (3) Is only provided by a third party.<br /> <br /> This amendment prohibits:<br /> <br /> (1) An institution from involvement in the development, operation, or promotion of a current or prospective intercollegiate athlete's name, image, or likeness;<br /> <br /> (2) A booster club from compensating a current or prospective intercollegiate athlete for the athlete's name, image, or likeness if the arrangement is contingent on the athlete's enrollment or continued participation at an institution;<br /> <br /> (3) An institution from adopting or maintaining a requirement that prevents or unduly restricts an intercollegiate athlete from earning compensation for the use of the athlete's name, image, or likeness;<br /> <br /> (4) Intercollegiate athletes from involvement in name, image, or likeness activities that promote gambling, tobacco, alcohol, and adult entertainment;<br /> <br /> (5) An intercollegiate athlete or the athlete's representative from entering into an agreement for compensation for the use of the athlete's name, image, or likeness if the agreement conflicts or unreasonably competes with the terms of an existing agreement entered into by the institution the athlete attends; and<br /> <br /> (6) An agreement for representation of an intercollegiate athlete or to compensate for the use of an intercollegiate athlete's name, image, or likeness from being in effect any longer than the duration of the athlete's participation in an athletic program at an institution.<br /> <br /> This amendment specifies that a grant-in-aid for athletics awarded to an intercollegiate athlete by an institution does not constitute compensation for name, image, or likeness.<br /> <br /> The full text of this amendment specified disclosure and reporting requirements for intercollegiate athletes who earn compensation for the use of the athlete's name, image, or likeness.<br /> <br /> This amendment authorizes an institution to:<br /> <br /> (1) Adopt reasonable time, place, and manner restrictions to prevent an intercollegiate athlete's name, image, or likeness activities from interfering with team activities, the institution's operations, or the use of the institution's facilities;<br /> <br /> (2) Prohibit an intercollegiate athlete's involvement in name, image, and likeness activities that are reasonably considered to be in conflict with the values of the institution; and<br /> <br /> (3) Prohibit use of the institution's intellectual property by the institution's intercollegiate athletes in the athletes' personal name, image, and likeness activities.<br /> <br /> This amendment requires that an attorney or athlete agent must be licensed in order to represent an intercollegiate athlete for the purpose of securing compensation for the use of the athlete's name, image, or likeness.<br /> <br /> This amendment requires institutions to conduct a financial literacy workshop for intercollegiate athletes during the athlete's first full-time term of enrollment. <br /> <br /> This amendment's provisions take effect January 1, 2022.<br />