Texas Gov. Greg Abbott signs into law the name, image and likeness bill
Governor Greg Abbott signed a Senate bill on Monday that would allow college athletes in the state to earn compensation for using their name, likeness, and likeness as Texas became the 19th state to pass such a landmark law Has.
"I'm delighted to hear that Governor Abbott signed the Texas NIL bill," said Rep. Matt Krause, who co-sponsored the bill with Rep. Jim Murphy in the House of Representatives. "This legislation will ensure that Texas college athletes receive fair compensation for their efforts and skills on the field, on the court and wherever they show their talents."
The House of Representatives approved Brandon Creighto's Senate Draft 1385 by 117 votes to 27, which aims to keep the state in step with a nationwide move by state legislators to allow student athletes to benefit from their own name. The Senate originally passed the law with 28 votes to 2.
Texas Sports Director Chris Del Conte said in a statement Monday evening: “I want to reassure and remind Longhorn Nation that we are prepared and actively committed our student athletes and staff to this new era of college athletics. With our Leverage Initiative, part of the 4Ever Texas program, our student athletes have access to world-class resources and training on personal branding and brand management, business creation and entrepreneurship, opportunity management and financial literacy. "
Texas law goes into effect July 1, as does five other states. These are Alabama, Florida, Georgia, Mississippi, and New Mexico.
Arizona law goes into effect July 23rd. Arkansas, Tennessee, and Nevada laws go into effect January 1, 2022. In South Carolina and Michigan, athletes will be able to use state laws beginning in 2022.
Athletes in California and Colorado will be able to benefit from their NIL starting January 2023. Those in Montana and Maryland will have the same ability later this year, and New Jersey law will go into effect in 2025.
Nevada and Oklahoma have just passed similar bills, while those in Illinois, Connecticut, and Missouri await their governors' signatures.
"SB 1385 can benefit all college athletes and programs," said Krause. "This is a positive step forward in college athletics."
Krause insisted the bill was necessary to keep Texas pace with other states on legislation, fearing that failing to pass the bill would harm state school recruitment.
The bill stipulates that athletes will be paid a “fair market value” for their performance and the use of their name, picture and likeness. Athletes could be paid for anything from advertising appearances to product recommendations to autograph sessions and training sessions.
Like most other state bills, SB 1385 would prevent colleges and universities in the state from providing student-athletes direct compensation for their NIL and require all student-athletes to disclose all of their NIL agreements to their school. The bill adds that under Texas state law, student athletes are not considered employees.
In addition, the law prohibits student athletes from sponsoring games of chance or illegal firearms, and from engaging in commercial activities that violate institutional codes of honor.
"I felt pretty good about the bill because there wasn't much criticism or concern," said Krause. "I was pretty sure we'd get over two-thirds of the vote and I'm glad we hit that threshold so it would send a strong message that this would be good policy for Texas."
Krause has been working on this topic for more than a year, he said.
"It seems time for me to change that," he said. “We see the obscure rules of the NCAA for athletes and how they can be (compensated). You can't even afford to go out to eat. It didn't really seem fair.
"California and Florida began to respond and it became a competitive disadvantage for (states without such legislation) from a recruitment standpoint. We have to do this, or we will see (Texas) athletes recruiting in other states."
The measure is accompanied by the athletes who take part in a literacy and life skills workshop of at least five hours at their schools at the beginning of the first and third school year. The workshops would include information on grants, debt management and budgeting.
These state laws could become obsolete if federal law creates a law that sets a national standard to maintain the playing field for all colleges. NCAA President Mark Emmert recently told the New York Times that he recommended that all membership approve such laws for college athletes before July 1.
The NCAA had hoped to address the ongoing problem, which began back in 2009 when former UCLA basketball player Ed O’Bannon sued the NCAA for antitrust violations for having his picture on the cover of a video game. However, the issue was brought up at the NCAA convention in January after the US Department of Justice raised antitrust questions to the NCAA.
Several conference commissioners have called for Congress to establish a nationwide standard to avoid complications and unfair advantages.
"I think the advantage of such overwhelming majorities in the House of Representatives and Senate sends a strong message to the governor that the legislature supports this," Krause told the statesman.
This article originally appeared on Hookem: Texas Gov. Abbott signs the name, the picture and the likeness calculation
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