§ 2051.351 — PROHIBITIONS.

Texas § 2051.351

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2051.351. PROHIBITIONS. (a) An athlete agent may not:
(1) publish or cause to be published:
(A) false, fraudulent, or misleading information; or
(B) a false, fraudulent, or misleading:
(i) representation;
(ii) notice; or
(iii) advertisement;
(2) provide false information;
(3) make a false promise or representation relating to employment;
(4) divide fees with or receive compensation from:
(A) a person exempt from registration under this chapter under Section 2051.005 ;
(B) a professional sports league or franchise, including a representative or employee of the league or franchise; or
(C) an institution of higher education, including a representative or employee of the institution's athletics department;
(5) enter into a written or oral agreement with an employee of an institution of higher education in which the athlete agent offers a thing of value to the employee for the referral of clients by the employee;
(6) before an athlete completes the athlete's last intercollegiate sports contest, offer a thing of value to the athlete or an individual related to the athlete within the second degree by affinity or consanguinity to induce the athlete to enter into an agreement with the athlete agent in which the athlete agent will represent the athlete;
(7) before an athlete completes the athlete's last intercollegiate sports contest, furnish a thing of value to the athlete or an individual related to the athlete within the second degree by affinity or consanguinity;
(8) except as provided by this chapter, before an athlete completes the athlete's last intercollegiate sports contest:
(A) directly contact the athlete; or
(B) enter into an oral or written agreement with the athlete for the athlete agent to represent the athlete;
(9) furnish anything of value to any person other than the athlete or another registered athlete agent to induce an athlete to enter into an agreement with the athlete agent;
(10) initiate any contact with an athlete, except as authorized by this chapter;
(11) fail to retain or permit inspection of the records required to be retained by Section 2051.352 ;
(12) predate or postdate an agent contract;
(13) fail to notify an athlete before the athlete signs an agent contract that the signing may make the athlete ineligible to participate in intercollegiate sports; or
(14) commit an act or cause a person to commit an act on the athlete agent's behalf that causes an athlete to violate a rule of the national association for the promotion and regulation of intercollegiate athletics of which the athlete's institution of higher education is a member.
(b) This section does not prohibit:
(1) an athlete agent from sending written materials to an athlete relating to the professional credentials or services of the athlete agent if the athlete agent simultaneously sends a copy of the materials to the athletic director of the athlete's institution of higher education or the athletic director's designee; or
(2) an athlete or an athlete's parent or legal guardian from contacting an athlete agent to schedule a meeting with the athlete agent to assess:
(A) the agent's professional proficiency in:
(i) representing the athlete; or
(ii) marketing the athlete's athletic ability or reputation; or
(B) the financial services offered by the athlete agent.
(c) If an athlete agent is contacted by an athlete or the athlete's parent or legal guardian to schedule a meeting to discuss the services offered by the athlete agent, the athlete agent shall, before meeting with the athlete or the athlete's parent or legal guardian, notify the athletic director of the athlete's institution of higher education or the athletic director's designee of the proposed meeting.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 821, Sec. 10, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123 ), Sec. 10, eff. September 1, 2011.