reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.008. Requirements to Order Election

Sec. 2035.008.  REQUIREMENTS TO ORDER ELECTION.   The commissioners court shall order an election if the petition:
(1)  is filed with the county clerk not later than the 30th day after the date of the petition's issuance; and
(2)  contains a number of signatures of registered county voters equal to at least five percent of the number of votes cast in the county for all candidates for governor in the most recent gubernatorial general election.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.009. Verification of Petition

Sec. 2035.009.  VERIFICATION OF PETITION.  (a)  Except as otherwise provided by Section 277.003, Election Code, the county clerk shall, on request of any person, check each name on the petition to determine whether the signer is a registered county voter.
(b)  The person requesting this verification by the county clerk shall pay the county clerk a sum equal to 20 cents per name before commencement of the verification.
(c)  The county clerk may not count a signature if there is reason to believe that:
(1)  the signature is not the actual signature of the purported signer;
(2)  the voter registration certificate number is incorrect;
(3)  the signature duplicates a name or handwriting used in any other signature on the petition;
(4)  the residence address of the signer is incorrect; or
(5)  the name of the voter is not signed exactly as the name appears on the official copy of the current list of registered voters for the voting year in which the petition is issued.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.010. Certification of Petition Signatures

Sec. 2035.010.  CERTIFICATION OF PETITION SIGNATURES.  Not later than the 40th day after the date the petition is filed, excluding Saturdays, Sundays, and legal holidays, the county clerk shall certify to the commissioners court the number of registered voters signing the petition.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.011. Record in Minutes

Sec. 2035.011.  RECORD IN MINUTES.  The commissioners court shall record in the court's minutes:
(1)  the date the petition is filed; and
(2)  the date the petition is certified by the county clerk.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.012. Order for Election; Election Date

Sec. 2035.012.  ORDER FOR ELECTION; ELECTION DATE.  (a)  If the petition contains the required number of signatures and is in proper order, the commissioners court shall, at the court's next regular session after the certification by the county clerk, order an election to be held at the regular polling place in each county election precinct in the county on the next uniform election date authorized by Section 41.001, Election Code, that occurs at least 20 days after the date of the order.
(b)  The commissioners court shall state in the order the issue to be voted on in the election.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.013. Evidence of Validity

Sec. 2035.013.  EVIDENCE OF VALIDITY.  An order under Section 2035.012 is prima facie evidence of compliance with all provisions necessary to give the order validity.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.014. Election Procedures Governed by Election Code

Sec. 2035.014.  ELECTION PROCEDURES GOVERNED BY ELECTION CODE.  An election under this chapter shall be held and the returns shall be prepared and canvassed in conformity with the Election Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.015. Ballot Proposition

Sec. 2035.015.  BALLOT PROPOSITION.  The ballots for an election under this subchapter shall be printed to permit voting for or against the proposition:  "Legalizing pari-mutuel wagering on horse races in __________ County," "Legalizing pari-mutuel wagering on greyhound races in __________ County," or "Authorizing pari-mutuel wagering on simulcast races in _____ County," as appropriate.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.016. Certification of Election Results

Sec. 2035.016.  CERTIFICATION OF ELECTION RESULTS.  If a majority of the votes cast in the election favor the legalization of pari-mutuel wagering on horse races or greyhound races in the county, or the authorization of pari-mutuel wagering on simulcast races in the county, as appropriate, the commissioners court shall certify that fact to the secretary of state not later than the 10th day after the date of the canvass of the returns.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.017. Frequency of Elections

Sec. 2035.017.  FREQUENCY OF ELECTIONS.  Another election may not be held in the county under this chapter before the fifth anniversary of the preceding election date.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.051. Initiation of Election Contest

Sec. 2035.051.  INITIATION OF ELECTION CONTEST.  Not later than the 30th day after the date the result of the election is declared, any qualified voter of the county may contest the election by filing a petition in the district court of the county.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.052. Parties

Sec. 2035.052.  PARTIES.   Any person who is licensed or who has submitted to the commission an application to be licensed in any capacity under this subtitle may become a named party to the contest proceedings by pleading to the petition on or before the time set for hearing and trial as provided by Section 2035.053(b) or after that time by intervention on leave of court.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.053. Conduct of Contest Suit

Sec. 2035.053.  CONDUCT OF CONTEST SUIT.  (a)  The proceedings in the contest suit shall be conducted in the manner prescribed by Title 14, Election Code, for contesting an election held for a purpose other than the election of an officer.
(b)  At or after the time for hearing and trial, the judge shall hear and determine all questions of law and fact in the proceedings and may enter orders for the proceedings that will enable the judge to:
(1)  try and determine the questions; and
(2)  render a final judgment with the least possible delay.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.054. Bond

Sec. 2035.054.  BOND.  (a)  Before entry of a final judgment in the contest proceedings, any party may move that the court dismiss the contestant's action unless the contestant posts a bond with sufficient surety, approved by the court, payable to the movant for the payment of all damages and costs that may accrue as a result of the delay caused by the contestant's continued participation in the proceedings if the contestant fails to finally prevail and obtain substantially the judgment prayed for in the petition.
(b)  If a motion is made under this section, the court shall issue an order directed to the contestant that:
(1)  is served personally or by registered mail on all parties, or on their attorneys of record, together with a copy of the motion; and
(2)  requires the contestant to:
(A)  appear at the time and place, not sooner than five days and not later than 10 days after the receipt of the order and motion, as the court may direct; and
(B)  show cause why the motion should not be granted.
(c)  Motions involving more than one contestant may be heard together at the court's direction.
(d)  Unless at the hearing on the motion the contestant establishes facts that in the court's judgment would entitle the contestant to a temporary injunction against issuance of the license based on the election in question, the court shall:
(1)  grant the movant's motion; and
(2)  in the court's order, subject to Subsection (e), set the bond to be posted by the contestant in an amount the court finds to be sufficient to cover all damages and costs that may accrue as described by Subsection (a).
(e)  The maximum bond that the court may set is:
(1)  $100,000 for an election contest for a racetrack to be located in a county that has a population of 1.3 million or more and in which a municipality with a population of more than one million is primarily located; or
(2)  $10,000 for an election contest for a racetrack to be located in any other county.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.055. Appeal

Sec. 2035.055.  APPEAL.  (a)  A party to the contest suit may appeal to the appropriate court of appeals an order or judgment entered by the trial court under Section 2035.053.
(b)  An order or judgment from which an appeal is not taken is final.  If a party does not file an appeal before the 31st day after the date the result of the election is declared, the election is presumed valid.
(c)  An order or judgment of a court of appeals may be appealed to the supreme court.
(d)  An appeal under this section has priority over any other matter, except habeas corpus.  The appellate court shall render its final order or judgment with the least possible delay.
(e)  The contestee or the county may not be required to give bond on appeal.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.056. Contestee

Sec. 2035.056.  CONTESTEE.  The county attorney is the contestee of a suit brought under Section 2035.051.  If there is not a county attorney of the county, the criminal district attorney or district attorney is the contestee.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter B. Election Contest › Section 2035.057. Costs of Contest

Sec. 2035.057.  COSTS OF CONTEST.  Costs of the election contest may not be adjudged against the contestee or county.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.101. Initiation of Rescission Election

Sec. 2035.101.  INITIATION OF RESCISSION ELECTION.  (a)  The commissioners court of a county that has approved the legalization of racing with pari-mutuel wagering in that county may hold an election on the question of rescinding that approval.
(b)  The commissioners court shall order the rescission election on the presentation of a petition requesting the election.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.102. Earliest Date for Holding Election

Sec. 2035.102.  EARLIEST DATE FOR HOLDING ELECTION.  A rescission election may not be held before the second anniversary of the date of the election conducted under Section 2035.012 at which the legalization of pari-mutuel wagering was approved.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.103. Petition Requirements

Sec. 2035.103.  PETITION REQUIREMENTS.   A rescission election petition must meet the requirements imposed by this chapter for a petition to request a local option election on the question of the legalization of racing with pari-mutuel wagering.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.104. Manner of Conducting Election

Sec. 2035.104.  MANNER OF CONDUCTING ELECTION.  An election under this subchapter to rescind legalization of racing shall be conducted in the manner provided for the original local option election under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.105. Ballot Proposition

Sec. 2035.105.  BALLOT PROPOSITION.  The ballots for an election under this subchapter shall be printed to permit voting for or against the proposition:  "Rescinding the legalization of pari-mutuel wagering on horse races in __________ County" or "Rescinding the legalization of pari-mutuel wagering on greyhound races in __________ County," as appropriate.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter C. Rescission Election › Section 2035.106. Effect of Rescission

Sec. 2035.106.  EFFECT OF RESCISSION.  (a)  If the majority of the votes cast in an election under this subchapter favor the rescission, racing with pari-mutuel wagering may not be conducted in that county except as provided by Subsection (b).
(b)  A racetrack association located in a county that elects to rescind the legalization of racing and that has outstanding long-term liabilities may continue to operate on a temporary basis as provided by Section 2021.008.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.001. Definitions

Sec. 2051.001.  DEFINITIONS.  In this chapter:
(1)  "Agent contract" means a contract or an agreement under which an athlete authorizes an athlete agent to negotiate for employment on behalf of the athlete with a professional sports team.
(2)  "Athlete" means an individual who:
(A)  is eligible to participate in intercollegiate sports contests as a member of a sports team or as an individual competitor in a sport at an institution of higher education;  or
(B)  has participated as a member of an intercollegiate sports team or as an individual competitor in an intercollegiate sport at an institution of higher education and has never signed an employment contract with a professional sports team.
(3)  "Athlete agent" means an individual who:
(A)  for compensation, directly or indirectly recruits or solicits an athlete to enter into an agent contract, a financial services contract, or a professional sports services contract with that individual or another person; or
(B)  for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.
(4)  "Financial services contract" means a contract or an agreement under which an athlete authorizes the athlete agent to perform financial services for the athlete, including making and executing investment and other financial decisions for the athlete.
(5)  "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as defined by Section 61.003, Education Code, that is a member of a national association for the promotion and regulation of intercollegiate athletics.
(5-a)  "National professional sports association" means an organization that licenses or certifies athlete agents to represent athletes in a particular professional sport.  The term includes the National Football League Players Association, National Basketball Players Association, Major League Baseball Players Association, National Hockey League Players' Association, and United States Soccer Federation.
(6)  "Schedule of fees" includes the fees and percentages charged by an athlete agent for professional services performed for an athlete.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.002. Participation in Intercollegiate Sports Contests

Sec. 2051.002.  PARTICIPATION IN INTERCOLLEGIATE SPORTS CONTESTS.  An athlete is not eligible to participate in intercollegiate sports contests if the athlete:
(1)  declares that the athlete is eligible for recruitment by a professional sports team;  or
(2)  has concluded, in the athlete's final year of eligibility, the athlete's final intercollegiate sports contest, as determined by the governing body of the national association for the promotion and regulation of intercollegiate athletics of which the athlete's institution of higher education is a member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.003. Effect of Personal Service Contract

Sec. 2051.003.  EFFECT OF PERSONAL SERVICE CONTRACT.  In this chapter, a personal service contract between an athlete and the owner or prospective owner of a professional sports team in which the athlete agrees to perform future athletic services constitutes employment with a professional sports team.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.004. Athlete Agent Contact

Sec. 2051.004.  ATHLETE AGENT CONTACT.  (a)  An athlete agent may contact an athlete only as provided by this chapter.
(b)  Except as provided by Subsection (c), an athlete agent may contact a person who declares that the person is eligible for recruitment by a professional sports team.
(c)  If a person eligible for recruitment by a professional sports team later becomes eligible to participate in intercollegiate sports, an athlete agent may contact the person only as provided by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.005. Certain Professional Services Exempt

Sec. 2051.005.  CERTAIN PROFESSIONAL SERVICES EXEMPT.  This chapter does not apply to a person who directly or indirectly recruits or solicits an athlete to enter into a contract with the person in which, for compensation, the person performs financial services for the athlete if:
(1)  the person is licensed or registered by the state as:
(A)  a dealer, agent, investment adviser, or investment adviser representative;
(B)  a real estate broker or salesperson;
(C)  an insurance agent;  or
(D)  another professional;
(2)  the financial services performed by the person are of a type that are customarily performed by a person licensed in that profession;  and
(3)  the person does not:
(A)  recruit or solicit the athlete to enter into an agent contract or a professional services contract on behalf of the person, an affiliate, a related entity, or a third party;  or
(B)  procure, offer, promise, or attempt to obtain for the athlete employment with a professional sports team.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1091, Sec. 4.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter A. General Provisions › Section 2051.006. Uniformity of Application and Construction

Sec. 2051.006.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying this chapter, consideration must be given to the need to promote uniformity of the law among states that have enacted similar laws.
Added by Acts 2003, 78th Leg., ch. 821, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter B. Powers and Duties of Secretary of State › Section 2051.051. Administration of Chapter

Sec. 2051.051.  ADMINISTRATION OF CHAPTER.  (a)  The secretary of state shall:
(1)  actively enforce this chapter;
(2)  set reasonable and necessary fees for the administration of this chapter;  and
(3)  conduct investigations necessary to ensure compliance with this chapter.
(b)  The secretary may adopt rules necessary to administer this chapter.
(c)  Fees shall be set in an amount to cover the costs of administering this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter B. Powers and Duties of Secretary of State › Section 2051.052. Publication of Compliance Responsibilities

Sec. 2051.052.  PUBLICATION OF COMPLIANCE RESPONSIBILITIES.  (a)  The secretary of state shall publish on the secretary of state's Internet website information that prescribes the compliance responsibilities of an institution of higher education under this chapter.
(b)  The secretary shall notify the athletic director or other appropriate official of each institution of higher education of any change to the compliance responsibilities of the institution under this chapter.
(c)  The secretary shall, as necessary, update the compliance responsibilities materials.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.101. Registration Required

Sec. 2051.101.  REGISTRATION REQUIRED.  (a)  Except as provided by Subsection (b), an individual may not act as an athlete agent in this state or represent that the individual is an athlete agent in this state unless the individual holds a certificate of registration under this chapter as:
(1)  a professional athlete agent; or
(2)  a limited athlete agent.
(a-1)  An individual may not register as a professional athlete agent under this chapter unless the individual is certified as an agent by a national professional sports association.
(a-2)  An individual who is not certified as an agent by a national professional sports association may register only as a limited athlete agent.  A limited athlete agent may only represent an athlete in a sport that does not have a national professional sports association.
(b)  Before the issuance of a certificate of registration under this chapter, an individual may act as an athlete agent in this state for all purposes except signing an agent contract, if:
(1)  an athlete or a person acting on behalf of the athlete initiates communication with the individual; and
(2)  within seven days after the date of the initial act as an athlete agent, the individual submits an application for registration under this chapter.
(c)  An agent contract negotiated by an unregistered athlete agent is void.
(d)  An agent contract with an athlete in a sport for which there is a national professional sports association is void if the contract is negotiated by an athlete agent holding a limited certificate of registration.
(e)  A person who is not an individual may not register as an athlete agent in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.105. Denial of Application

Sec. 2051.105.  DENIAL OF APPLICATION.  (a)  The secretary of state shall deny an application for registration if the applicant has been convicted of:
(1)  a felony;  or
(2)  a misdemeanor involving moral turpitude.
(b)  The secretary of state may deny an application for registration if the secretary of state determines the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent.  In making the determination, the secretary of state may consider whether the applicant has:
(1)  made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(2)  engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(3)  engaged in conduct prohibited by Section 2051.351;
(4)  had a registration or licensure as an athlete agent denied, suspended, or revoked;
(5)  been denied renewal of registration or licensure as an athlete agent in any state;
(6)  engaged in conduct that resulted in the imposition on an athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event;  or
(7)  engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
(c)  In making a determination under Subsection (b), the secretary of state shall consider:
(1)  how recently the conduct occurred;
(2)  the nature of the conduct and the context in which it occurred;  and
(3)  any other relevant conduct of the applicant.
(d)  Judicial review of a denial of an application for registration under Subsection (a) or (b) is by trial de novo and is subject to Section 2001.173, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.106. Temporary or Provisional Registration

Sec. 2051.106.  TEMPORARY OR PROVISIONAL REGISTRATION.  The secretary of state may issue a temporary or provisional certificate of registration that is valid for not more than 90 days to an applicant for registration or renewal of registration if the applicant's application has been made and the registration process has not been completed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.107. Registration Duration; Expiration

Sec. 2051.107.  REGISTRATION DURATION;  EXPIRATION.  (a)  Except as provided by Subsection (b), a certificate of registration issued under this chapter is valid for a period of not more than one year from the date of issuance.
(b)  The secretary of state, by rule, may adopt a system under which certificates of registration expire on various dates during the year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.108. Registration Renewal

Sec. 2051.108.  REGISTRATION RENEWAL.  (a)  Except as provided by Subsection (e), an applicant for renewal of registration must apply on a form prescribed by the secretary of state.
(b)  A renewal application must include:
(1)  the name, address, and telephone number of each athlete for whom the athlete agent is performing professional services for compensation on the date of the renewal application;
(2)  the name, address, and telephone number of each athlete for whom the athlete agent has performed professional services for compensation during the three years immediately preceding the date of the renewal application but for whom the athlete agent is not performing professional services on the date of the renewal application;
(3)  the name and address of each national professional sports association by which the athlete agent is currently certified; and
(4)  any other information prescribed by the secretary of state.
(c)  A renewal application under this section must be accompanied by an appropriate renewal fee.
(d)  If a certificate of registration expires earlier than the anniversary of the date of issuance, the renewal fee that must accompany a renewal application under this section shall be prorated according to the number of months that the registration is valid.
(e)  An individual who has submitted an application for renewal of registration or licensure as an athlete agent in another state may submit a copy of the application and certificate of registration or license from the other state instead of submitting the application required by this section.  The secretary of state shall accept the application for renewal from the other state as an application for renewal under this section if the application to the other state:
(1)  was submitted to the other state not earlier than the 180th day before the date the renewal application is submitted in this state and the applicant certifies that the information contained in the application is current;
(2)  contains information substantially similar to or more comprehensive than the information required by this section; and
(3)  was signed by the applicant under penalty of perjury.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.109. Continuing Notification Requirement

Sec. 2051.109.  CONTINUING NOTIFICATION REQUIREMENT.  (a)  A registered athlete agent shall notify the secretary of state in writing of the athlete agent's:
(1)  conviction of a crime that in this state is an offense other than a Class C misdemeanor; or
(2)  decertification as an agent by a national professional sports association that has become final by the conclusion of the appeal process provided by the association.
(b)  The athlete agent shall notify the secretary of state as required under this section not later than 30 days after the date of conviction or the date that the decertification becomes final.
Added by Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter C. Registration › Section 2051.110. Effect of Decertification by Professional Association

Sec. 2051.110.  EFFECT OF DECERTIFICATION BY PROFESSIONAL ASSOCIATION.  The secretary of state shall revoke the certificate of registration of an athlete agent decertified by a national professional sports association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter D. Athlete Agent Bond › Section 2051.151. Bond Deposit

Sec. 2051.151.  BOND DEPOSIT.  (a)  An athlete agent shall, before contacting an athlete or entering into an agent contract with an athlete in this state, deposit with the secretary of state a surety bond, in the amount of $50,000, payable to the state and conditioned on:
(1)  the athlete agent complying with this chapter;
(2)  the payment of any administrative penalty assessed under Subchapter J; and
(3)  the payment of any damages awarded to an institution of higher education or an athlete as a result of the athlete agent offering or providing a thing of value to an athlete or a family member of the athlete.
(a-1)  An athlete agent shall, before entering into a financial services contract with an athlete, deposit with the secretary of state a surety bond, in the amount of $100,000, payable to the state and conditioned on:
(1)  the athlete agent complying with this chapter;
(2)  the payment of money owed to an individual or group of individuals when the athlete agent or the athlete agent's representative or agent receives the money; and
(3)  the payment of damages to an athlete caused by the intentional misrepresentation, fraud, deceit, or unlawful or negligent act or omission of the athlete agent or of the athlete agent's representative or employee while acting within the scope of the financial services contract.
(b)  An athlete agent shall maintain a bond deposited under Subsection (a) or (a-1) for not less than two years after the later of:
(1)  the date that the athlete agent ceases to provide financial services to an athlete; or
(2)  the date that the athlete agent's certificate of registration expires or is revoked.
(c)  This section does not limit the amount of damages recoverable in a suit filed against an athlete agent to the amount of the bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter D. Athlete Agent Bond › Section 2051.152. Cancellation of Bond; Suspension of Certificate

Sec. 2051.152.  CANCELLATION OF BOND;  SUSPENSION OF CERTIFICATE.  (a)  Not later than the 30th day after the date an athlete agent receives a notice of cancellation from the surety of a bond deposited under Section 2051.151, the athlete agent shall file a new bond with the secretary of state.
(b)  The secretary shall suspend the certificate of registration of an athlete agent who fails to file a new bond as required by Subsection (a) until a new bond is filed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.201. Contract Form

Sec. 2051.201.  CONTRACT FORM.  (a) A registered athlete agent must use a form approved by the secretary of state for any agent contract or financial services contract.
(b)  The secretary of state shall by rule require that, to the extent practicable, the form for an agent contract or financial services contract conforms to the contract form approved by the national professional sports association for the sport in which the athlete will be represented.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.202. Contract Signing

Sec. 2051.202.  CONTRACT SIGNING.  An athlete may sign an athlete agent contract at any time as permitted by the national association for the promotion and regulation of intercollegiate athletics of which the athlete's institution of higher education is a member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.203. Contract Requirements Relating to Fees and Services

Sec. 2051.203.  CONTRACT REQUIREMENTS RELATING TO FEES AND SERVICES.  (a)  An agent contract or a financial services contract must include:
(1)  a schedule of fees, including:
(A)  the amount and method of computing the consideration to be paid by the athlete for services to be provided by the athlete agent under the contract;  and
(B)  any other consideration the athlete agent received or will receive from any other source for entering into the contract or for providing the services;
(2)  a description of the professional services that the athlete agent will perform for the athlete;
(3)  the name of any person not listed in the application for registration or renewal of registration who will be compensated because the athlete signed the agent contract;
(4)  a description of any expenses of the athlete agent the athlete agrees to reimburse;
(5)  the duration of the contract;  and
(6)  the date the contract was signed.
(b)  A registered athlete agent may charge a fee only as provided by the schedule of fees in the contract.
(c)  A change in the schedule of fees in a contract takes effect on the seventh day after the date on which the athlete agent files with the secretary of state a copy of the contract as required by Section 2051.205(b).
(d)  The athlete agent shall give a signed copy of the contract to the athlete at the time the contract is signed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.204. Contract Requirements Relating to Notice

Sec. 2051.204.  CONTRACT REQUIREMENTS RELATING TO NOTICE.  (a)  An agent contract or a financial services contract must include the following notice:
(1)  THIS ATHLETE AGENT IS REGISTERED WITH THE SECRETARY OF STATE OF THE STATE OF TEXAS.  REGISTRATION WITH THE SECRETARY OF STATE DOES NOT IMPLY APPROVAL OR ENDORSEMENT BY THE SECRETARY OF STATE OF THE COMPETENCE OF THE ATHLETE AGENT OR OF THE SPECIFIC TERMS AND CONDITIONS OF THIS CONTRACT.
NOTICE TO CLIENT
(2)  DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT OR IF IT CONTAINS BLANK SPACES.
(3)  IF YOU DECIDE THAT YOU DO NOT WISH TO PURCHASE THE SERVICES OF THE ATHLETE AGENT, YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL THE CONTRACT NOT LATER THAN THE 16TH DAY AFTER THE DATE ON WHICH YOU SIGN THIS CONTRACT.  YOU MAY NOT WAIVE THE RIGHT TO CANCEL THIS CONTRACT.  IF YOU CANCEL THIS CONTRACT WITHIN 16 DAYS, YOU ARE NOT REQUIRED TO PAY ANY CONSIDERATION UNDER THE CONTRACT OR RETURN ANY CONSIDERATION RECEIVED.
(4)  YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS AN ATHLETE IN YOUR SPORT.  CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(5)  IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR.
(b)  The notice required under Subsection (a) must be:
(1)  printed in not less than 10-point typeface;  and
(2)  boldfaced, capitalized, underlined, or otherwise set apart from the surrounding provisions of the contract to make the notice conspicuous.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.205. Filing Requirements

Sec. 2051.205.  FILING REQUIREMENTS.  (a)  A registered athlete agent shall, not later than the 10th day after the date an athlete signs an agent contract or financial services contract, file a copy of the contract with:
(1)  the secretary of state; and
(2)  if the athlete is a student at an institution of higher education, the athletic director of the athlete's institution.
(b)  If the schedule of fees in an agent or financial services contract is changed, the athlete agent shall file with the secretary a copy of the changed contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter E. Form, Content, and Filing of Certain Contracts › Section 2051.206. Multiyear Contract Fee

Sec. 2051.206.  MULTIYEAR CONTRACT FEE.  (a)  This section applies only to a multiyear professional sports services contract negotiated by a registered athlete agent.
(b)  A registered athlete agent may not collect during a 12-month period a fee that exceeds the amount an athlete will receive during that same 12-month period under the professional sports services contract negotiated by the athlete agent.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter F. Implementation Standards of Institutions of Higher Education › Section 2051.251. Adoption of Implementation Standards

Sec. 2051.251.  ADOPTION OF IMPLEMENTATION STANDARDS.  (a)  An institution of higher education shall adopt standards relating to the implementation of this chapter, including specific guidelines governing the athlete agent interview program sponsored by the institution under Section 2051.301.
(b)  Guidelines adopted under Subsection (a) relating to the athlete agent interview program must specify:
(1)  the scheduling of interview periods;
(2)  the duration of an interview period;
(3)  the location on the institution's campus for conducting interviews;  and
(4)  any terms or conditions under which an athlete agent may contact an athlete during an interview period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter F. Implementation Standards of Institutions of Higher Education › Section 2051.252. Approval and Filing of Standards

Sec. 2051.252.  APPROVAL AND FILING OF STANDARDS.  (a)  After adopting implementation standards under Section 2051.251, an institution of higher education shall:
(1)  submit the standards to the institution's athletic council or other analogous body for approval;  and
(2)  file a copy of the approved standards with the secretary of state not later than the 30th day after the date the standards are approved under Subdivision (1).
(b)  If an institution of higher education amends the implementation standards, the institution shall, not later than the 30th day after the date the amendment is effective, file a copy of the amended standards with the secretary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter F. Implementation Standards of Institutions of Higher Education › Section 2051.253. Designation of Compliance Coordinator

Sec. 2051.253.  DESIGNATION OF COMPLIANCE COORDINATOR.  An institution of higher education shall:
(1)  designate an individual to serve as a compliance coordinator for that institution;  and
(2)  report the name of the compliance coordinator to the secretary of state in a manner prescribed by the secretary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.