Texas has passed SB 1385 legislation, codified under Section 51.9246 of the Texas Education Code, relating to the compensation and professional representation of student-athletes participating in intercollegiate athletic programs at certain institutions of higher education effective date July 1st.

Student-athlete must disclose any proposed contract the student athlete may sign for use of their name, image, or likeness contract to the institution. Institutions must promptly disclose conflict to student athlete.

Student-athlete may not enter into a contract that:

• Conflicts with any contract between Angelo State and a student-athlete (example Student Code of Conduct & Student Athlete Expectations)
• Conflicts with institutional contracts; such as Coca-Cola, Shannon Health, H-E-B etc.
• Conflicts with official team activities; these are defined to include countable athletics related activities (CARA), university classes, required university events, academic and tutorial sessions, along with medical or training sessions.
• Utilizes the marks or logos of Angelo State (example Ram Horn logo)
• Are 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.

Agent agreement must be limited to marketing student athletes’ NIL and may NOT include marketing a student athletes’ athletic ability or to seek employment with a professional sports team.

• Institutions may not prohibit student-athletes from obtaining professional representation, including representation by an attorney licensed to practice law in this state, for contracts or other legal matters relating to the use of the student athlete ’s name, image, or likeness.
• An athlete agent is defined per Section 2051.001 Occupations Code. All athlete agents’ action prohibited under Section 2051.351, Occupations Code remain prohibited.

Per Texas state law regarding NIL, student-athletes must disclose any proposed contract the student-athlete may sign for use of their name, image, or likeness contract to the institution. Institutions must promptly disclose a conflict to the student-athlete. Contact _____ if you have questions regarding disclosures.

WHO is involved:

• Student-Athlete Contact Information
• Outside Party Contact Information (Entity entering into an agreement with student-athlete)
• If applicable: Student-Athlete Representative Contact Information

WHAT deal is proposed:

• Deal Information & Overview (deal category, activity date, compensation, frequency)

HOW to submit the disclose form:

• Click the following link:  sso.armssoftware.com
• Click “Angelo State University,” or type in Angelo State University if it is not already populated.
• Login with your ramport username and password.
• On the sidebar menu in Arms, select WORKFLOWS.
• Select WORKFLOW LAUNCHPAD.
• Click on NIL DISCLOSURE FORM.
• Complete the form and submit.

The NCAA’s interim name, image and likeness policy allows student-athletes and prospective student-athletes across all three divisions to engage in activities that involve the use of their NIL for commercial or promotional purposes. The interim policy will remain in effect until either federal legislation or new NCAA rules are adopted. Additional educational materials, including written and visual guides and an optional reporting form, can be found on ncaa.org/nil.

Videos:

• Name, Image and Likeness: Interim NIL Policy.
• Name, Image and Likeness: Division II Intro to NIL.

Written Resource

• Interim Name, Image and Likeness Policy
• NIL Policy Key Takeaways

No. Per Texas law, individuals, corporate entities, or other organizations may NOT:

• Enter any arrangement with a prospective student-athlete relating to the prospective student-athlete’s name, image, or likeness prior to their enrollment in an institution of higher education.
   
• Use inducements of future name, image, and likeness compensation arrangement to recruit a prospective student-athlete to any institution of higher education.

Yes. Please note that an Angelo State student-athlete must disclose to the institution any proposed contract regarding the use of NIL prior to signing.

Additionally, there are several conflicts identified by the state law that student-athletes will need to adhere to.

Student-athlete may not enter into a contract that:

• Conflicts with any contract between Angelo State and a student-athlete (example Student Code of Conduct & Student Athlete Expectations)
• Conflicts with institutional contracts; such as Coca-Cola, Shannon Health, H-E-B etc.
• Conflicts with official team activities; these are defined to include countable athletics related activities (CARA), required athletic related activities (RARA), university classes, required university events, academic and tutorial sessions, along with medical or training sessions.
• Utilizes the marks or logos of Angelo State (example the Ram Horn logo)
• Are 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.

No, however offer, inducement, & extra benefits NCAA legislation will still apply.

Student-Athletes shall refrain from accepting:

• Compensation in exchange for work NOT performed,
• Compensation provided or offered contingent on enrollment or continued enrollment at ASU,
• Compensation contingent on specific athletic performance or achievement (e.g., incentives based on points scored), or
• Compensation or benefits inconsistent with institutional policies (e.g., benefits or arrangements not available to general student body).

No. If a student-athlete is participating in an activity sponsored by Angelo State Athletics, then it is an official team activity, per Texas state law.

No, NIL agreements are strictly between the student and participating business. No part of the agreement or transaction will include the Ram Club or Angelo State Athletics in any capacity.

No, NIL agreements are strictly between the student and participating business. All access, priority points, benefits, and stewardship is based on philanthropic giving to Angelo State Athletics.