reglab/statecodes huggingface dataset:
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 2051.254. Written Request for Implementation Standards

Sec. 2051.254.  WRITTEN REQUEST FOR IMPLEMENTATION STANDARDS.  On receipt of a written request from a registered athlete agent, the secretary of state or a compliance coordinator designated under Section 2051.253 shall provide a copy of the implementation standards adopted by an institution of higher education under Section 2051.251.
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 2051.255. Notification of Availability of Implementation Standards

Sec. 2051.255.  NOTIFICATION OF AVAILABILITY OF IMPLEMENTATION STANDARDS.  (a)  The secretary of state shall notify each registered athlete agent in writing of the availability, on request, under Section 2051.254 of a copy of the implementation standards of each institution of higher education.
(b)  Notice under Subsection (a) must include a statement that:
(1)  the standards adopted by an institution of higher education specify the policies of that institution relating to the time, place, and duration of athlete agent interviews conducted on the institution's campus;  and
(2)  each institution of higher education has a designated compliance coordinator who the athlete agent may contact for additional information.
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 2051.256. Written Request for Compliance Coordinators

Sec. 2051.256.  WRITTEN REQUEST FOR COMPLIANCE COORDINATORS.  On receipt of a written request from a registered athlete agent, the secretary of state shall provide a copy of the names of the compliance coordinators designated under Section 2051.253.
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 G. Athlete Agent Interview Program › Section 2051.301. Athlete Agent Interview Program

Sec. 2051.301.  ATHLETE AGENT INTERVIEW PROGRAM.  (a)  Each institution of higher education shall sponsor an athlete agent interview program on the institution's campus.
(b)  A registered athlete agent may interview an athlete during an interview program to discuss:
(1)  financial services and advice offered by the athlete agent;  and
(2)  the athlete agent's representation of the athlete relating to marketing the athlete's athletic ability and reputation.
(c)  The compliance coordinator or secretary of state shall, not later than the 30th day before the date on which an interview program sponsored under this section begins, notify each registered athlete agent in writing of the interview program.
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 G. Athlete Agent Interview Program › Section 2051.302. Compliance Coordinator's Duties

Sec. 2051.302.  COMPLIANCE COORDINATOR'S DUTIES.  Each compliance coordinator designated under Section 2051.253 shall:
(1)  establish the schedule for the athlete agent interview program sponsored under Section 2051.301 by the coordinator's institution of higher education;
(2)  not later than the 30th day before the date on which the athlete agent interview program begins, notify each registered athlete agent, in writing, of the interview program, unless the secretary of state provides notification under Section 2051.301(c);  and
(3)  ensure that the coordinator's institution of higher education and the athletes attending the institution comply with this chapter and the rules adopted under 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 G. Athlete Agent Interview Program › Section 2051.303. Time and Duration of Interview Program

Sec. 2051.303.  TIME AND DURATION OF INTERVIEW PROGRAM.  An athlete agent interview program sponsored under this subchapter:
(1)  may not continue for more than 30 consecutive business days as determined by the athlete's institution of higher education;  and
(2)  must be conducted during the off-season period before the completion of the athlete's final year of eligibility.
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 G. Athlete Agent Interview Program › Section 2051.304. Compliance With Interview Guidelines

Sec. 2051.304.  COMPLIANCE WITH INTERVIEW GUIDELINES.  An athlete agent shall strictly comply with the guidelines adopted under Section 2051.251 relating to the time, place, and duration of an athlete agent interview program.
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 H. Restriction of Agent's Practice › Section 2051.352. Recordkeeping Requirement

Sec. 2051.352.  RECORDKEEPING REQUIREMENT.  (a)  An athlete agent shall maintain a record of:
(1)  each athlete represented by the athlete agent, including:
(A)  the name and address of the athlete;
(B)  fees paid by the athlete;  and
(C)  services performed by the athlete agent for the athlete;
(2)  travel and entertainment expenses incurred by the athlete agent, including expenses for:
(A)  food and beverages;
(B)  hospitality rooms;
(C)  sporting events;
(D)  theater and music events;  and
(E)  transportation, lodging, and admission relating to entertainment;
(3)  any agent contract entered into by the athlete agent;  and
(4)  any direct costs incurred by the athlete agent in recruiting or soliciting an athlete to enter into an agent contract.
(b)  A record of travel and entertainment expenses maintained under Subsection (a)(2) must state:
(1)  the nature of the expense;
(2)  the amount of the expense;
(3)  the purpose of the expense;
(4)  the date and place of the expense;  and
(5)  the name of each person on whose behalf the expenditure was made.
(c)  An athlete agent shall provide a copy of a record maintained under this section to the secretary of state on request.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter H. Restriction of Agent's Practice › Section 2051.353. Disclosure Requirement

Sec. 2051.353.  DISCLOSURE REQUIREMENT.  An athlete agent shall disclose the athlete agent's name and address in any advertising used 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 H. Restriction of Agent's Practice › Section 2051.354. Agent Liability for Violation of Chapter

Sec. 2051.354.  AGENT LIABILITY FOR VIOLATION OF CHAPTER.  A registered or unregistered athlete agent who violates this chapter may be subject to:
(1)  an administrative penalty imposed under Subchapter J;
(2)  forfeiture of the right to payment for a thing of value that the athlete agent gives to an athlete to induce the athlete to enter into a contract;
(3)  a refund of consideration paid to the athlete agent;  and
(4)  payment of reasonable attorney's fees and court costs incurred by an athlete who files suit against an athlete agent for violation of 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 I. Investigation of Agents by Secretary of State › Section 2051.401. Investigative Authority: Subpoena and Summons

Sec. 2051.401.  INVESTIGATIVE AUTHORITY:  SUBPOENA AND SUMMONS.  (a)  The secretary of state may issue a subpoena or summons to compel:
(1)  the attendance and testimony of a witness;  or
(2)  the production of:
(A)  a book;
(B)  an account;
(C)  a record;
(D)  a magnetic or electronic recording;
(E)  a paper;
(F)  a contract;
(G)  correspondence;  or
(H)  any other record that the secretary determines is relevant or material to an investigation under this chapter.
(b)  If the secretary issues a subpoena or summons under Subsection (a), the secretary, or an officer designated by the secretary, may:
(1)  administer an oath;
(2)  examine a witness;  and
(3)  receive evidence.
(c)  Information and evidence obtained by the secretary under this section is:
(1)  confidential and not open to public inspection, except by a court order;  and
(2)  exempt from disclosure under Chapter 552, Government Code.
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 I. Investigation of Agents by Secretary of State › Section 2051.402. Service of Process

Sec. 2051.402.  SERVICE OF PROCESS.  (a)  The secretary of state, the secretary's authorized agent, a sheriff, or a constable may serve a subpoena or summons issued by the secretary of state under Section 2051.401:
(1)  on an individual by:
(A)  delivering an executed copy of the subpoena or summons to the individual;  or
(B)  mailing an executed copy of the subpoena or summons by registered or certified mail, return receipt requested, to the individual's:
(i)  place of residence;  or
(ii)  principal place of business;  and
(2)  on an entity by delivering or mailing a duly executed copy of the subpoena or summons to an individual for which service would be appropriate in a civil suit under state law.
(b)  Proof of service of process under this section consists of:
(1)  a verified return showing the manner of service;  or
(2)  if the service is made by registered or certified mail, return receipt requested, the return receipt.
(c)  By acting as an athlete agent in this state, a nonresident appoints the secretary of state as the nonresident's agent for service of process in a civil action in this state related to an act by the person as an athlete agent.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter I. Investigation of Agents by Secretary of State › Section 2051.403. Enforcement of Subpoena and Summons

Sec. 2051.403.  ENFORCEMENT OF SUBPOENA AND SUMMONS.  (a)  The secretary of state shall refer a person who fails or refuses to comply with a subpoena or summons issued by the secretary under Section 2051.401 to the attorney general for enforcement.
(b)  On receipt of a referral under Subsection (a), the attorney general may apply to a district court of Travis County for an order requiring compliance.
(c)  On receipt of an application for an order under Subsection (b), a district court:
(1)  shall order compliance if the court determines that good cause exists for the issuance of the subpoena or summons;  and
(2)  may modify those requirements of the subpoena or summons that the court determines are unreasonable.
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 I. Investigation of Agents by Secretary of State › Section 2051.404. Interrogatories

Sec. 2051.404.  INTERROGATORIES.  (a)  Except as provided by Subsection (b), the secretary of state may serve interrogatories on an athlete, compliance coordinator, or any person subject to this chapter, or an officer, director, partner, or associate of the person, if the interrogatories are reasonable and necessary to conduct an investigation under this chapter.
(b)  The secretary may not serve interrogatories on an athlete who is not represented by an attorney.
(c)  Interrogatories served under Subsection (a) must be answered:
(1)  completely;
(2)  in writing;
(3)  under oath;
(4)  not later than the 30th day after the date the interrogatories are mailed, or within a time period determined by the secretary;  and
(5)  by the individual to whom the interrogatories are directed or, if the interrogatories are directed to an entity, by an authorized representative of the entity.
(d)  If the answers to interrogatories served under Subsection (a) disclose a violation of this chapter, the secretary shall take disciplinary action as provided by Section 2051.405.
(e)  The interrogatories and answers to the interrogatories are:
(1)  confidential and not open to public inspection, except by a court order;  and
(2)  exempt from disclosure under Chapter 552, Government Code.
(f)  The secretary may disclose confidential information to a governmental authority or a quasi-governmental authority.
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 I. Investigation of Agents by Secretary of State › Section 2051.405. Disciplinary Procedures; Injunctions

Sec. 2051.405.  DISCIPLINARY PROCEDURES;  INJUNCTIONS.  (a)  If the secretary of state determines that a person has violated this chapter, the secretary shall:
(1)  refer the violation to the attorney general for prosecution;  and
(2)  take appropriate disciplinary action, including:
(A)  denying an application for registration;  or
(B)  suspending or revoking a certificate of registration.
(b)  If the secretary determines that a person is violating or is threatening to violate this chapter, the secretary or the attorney general may file suit in district court in Travis County to enjoin the violation or threatened violation.
(c)  Judicial review of a denial, suspension, revocation, or other disciplinary action taken under Subsection (a) 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.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter J. Administrative Penalty › Section 2051.451. Administrative Penalty

Sec. 2051.451.  ADMINISTRATIVE PENALTY.  (a)  If the secretary of state determines that a person regulated under this chapter has violated this chapter or a rule adopted under this chapter in a manner that constitutes a ground for disciplinary action under Section 2051.405, the secretary may assess an administrative penalty against the person as provided by this subchapter.
(b)  The secretary shall determine the amount of a penalty assessed under Subsection (a), except that the amount may not exceed:
(1)  $50,000 for a violation of Section 2051.351(a)(7) or (14); or
(2)  $25,000 for any other violation.
(c)  In determining the amount of a penalty under Subsection (b), the secretary shall consider the seriousness of the violation.
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. 11, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter J. Administrative Penalty › Section 2051.452. Investigation and Preliminary Report

Sec. 2051.452.  INVESTIGATION AND PRELIMINARY REPORT.  (a)  If, after examining a possible violation, including facts relating to the violation, the secretary of state determines that a person has committed a violation of this chapter, the secretary shall issue a preliminary report stating:
(1)  the facts on which the determination is based;  and
(2)  that an administrative penalty will be imposed, including the amount of the penalty.
(b)  The secretary shall, not later than the 10th day after the date a preliminary report is issued under Subsection (a), send to the person who is the subject of the report:
(1)  a copy of the report;  and
(2)  notice that the person may request a hearing under Section 2051.453.
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 J. Administrative Penalty › Section 2051.453. Payment or Request for Hearing

Sec. 2051.453.  PAYMENT OR REQUEST FOR HEARING.  (a)  A person who is the subject of a preliminary report issued under Section 2051.452 shall, not later than the 20th day after the date the report is sent:
(1)  pay the administrative penalty to the secretary of state;  or
(2)  request in writing from the secretary a hearing relating to:
(A)  the alleged violation;  or
(B)  the amount of the penalty.
(b)  A person who fails to pay the penalty or request a hearing as required by Subsection (a) waives the right to request a hearing under 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 J. Administrative Penalty › Section 2051.454. Hearing

Sec. 2051.454.  HEARING.  (a)  If the secretary of state determines at a hearing conducted under Chapter 2001, Government Code, that a person has violated this chapter, the secretary shall:
(1)  notify the person in writing of:
(A)  the secretary's findings;  and
(B)  the amount of the administrative penalty;  and
(2)  enter an order requiring the person to pay the penalty.
(b)  A person shall, not later than the 30th day after receiving notice under Subsection (a):
(1)  pay the penalty to the secretary;  or
(2)  forward the penalty to the secretary for deposit in an escrow account and request judicial review of:
(A)  the secretary's findings;  or
(B)  the amount of the penalty.
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 J. Administrative Penalty › Section 2051.455. Judicial Review

Sec. 2051.455.  JUDICIAL REVIEW.  If judicial review requested under Section 2051.454 reveals that a person has not violated this chapter or that the administrative penalty assessed against a person should be reduced, the secretary of state shall, not later than the 30th day after the date the judicial determination becomes final, return the appropriate amount of the penalty to the person.
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 J. Administrative Penalty › Section 2051.456. Recovery of Administrative Penalty

Sec. 2051.456.  RECOVERY OF ADMINISTRATIVE PENALTY.  On request by the secretary of state, the attorney general may file suit against a person to recover a penalty assessed under Section 2051.451.
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 J. Administrative Penalty › Section 2051.457. Failure to Pay Administrative Penalty

Sec. 2051.457.  FAILURE TO PAY ADMINISTRATIVE PENALTY.  (a)  If an athlete agent fails to pay the administrative penalty and does not request a hearing as provided by Section 2051.453, the secretary of state may revoke the agent's certificate of registration, refuse to renew the agent's certificate of registration, or refuse to issue a certificate of registration to the agent.
(b)  If, after a hearing, an athlete agent fails to pay the administrative penalty as required by Section 2051.454, the secretary of state may revoke the agent's certificate of registration, refuse to renew the agent's certificate of registration, or refuse to issue a certificate of registration to the agent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter K. Criminal Penalty › Section 2051.501. Criminal Offense

Sec. 2051.501.  CRIMINAL OFFENSE.  (a)  An athlete agent commits an offense if the agent intentionally or knowingly violates this chapter or a rule under this chapter.
(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)  An offense under this section committed by an athlete agent who intentionally or knowingly violates Section 2051.351(a)(7) or (14) is a third degree felony.
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. 13, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter K. Criminal Penalty › Section 2051.502. Notice of Criminal Offense

Sec. 2051.502.  NOTICE OF CRIMINAL OFFENSE.  The secretary of state shall send notice of an athlete agent's conviction of an offense under Section 2051.501 to each national professional sports association that has certified the agent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter L. Civil Liability › Section 2051.551. Civil Suit

Sec. 2051.551.  CIVIL SUIT.  (a)  An institution of higher education adversely affected by an athlete agent's violation of this chapter may file suit against the athlete agent for damages.
(a-1)  An athlete adversely affected by an athlete agent's violation of Section 2051.351(a)(7) or (14) may file suit against the athlete agent for damages.
(b)  A cause of action under Subsection (a) does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
(c)  Any liability of the athlete agent under this section is several and not joint.
(d)  This chapter does not restrict the rights, remedies, or defense of any person under any other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 821, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 741 (H.B. 1123), Sec. 16, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter L. Civil Liability › Section 2051.552. Adversely Affected

Sec. 2051.552.  ADVERSELY AFFECTED.  (a)  An institution of higher education is adversely affected by an athlete agent's violation of this chapter if:
(1)  the athlete agent's violation causes a national association for the promotion and regulation of intercollegiate athletics to disqualify or suspend the institution from participating in intercollegiate sports contests; and
(2)  the disqualification or suspension of the institution causes the institution to:
(A)  lose revenue from media coverage of sports contests;
(B)  lose the right to grant athletic scholarships in the sport in which the institution is disqualified or suspended;
(C)  lose the right to recruit athletes; or
(D)  otherwise suffer an adverse financial impact.
(b)  An athlete is adversely affected by an athlete agent's violation of Section 2051.351(a)(7) or (14) if:
(1)  the athlete agent's violation causes a national association for the promotion and regulation of intercollegiate athletics to disqualify or suspend the athlete from participating in intercollegiate sports contests;  and
(2)  the disqualification or suspension of the athlete causes the athlete to suffer an adverse financial impact.
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. 17, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2051 - Athlete Agents › Subchapter L. Civil Liability › Section 2051.553. Recovery

Sec. 2051.553.  RECOVERY.  A plaintiff that prevails in a civil suit filed under Section 2051.551 may recover:
(1)  actual damages;
(2)  exemplary damages;
(3)  court costs; and
(4)  reasonable attorney's fees.
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. 18, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter A. General Provisions › Section 2052.001. Legislative Declaration

Sec. 2052.001.  LEGISLATIVE DECLARATION.  This chapter shall be liberally construed and applied to promote its underlying purposes.
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 2052 - Combative Sports › Subchapter A. General Provisions › Section 2052.003. Applicability of Other Law

Sec. 2052.003.  APPLICABILITY OF OTHER LAW.  Section 51.401 does not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.002, eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter B. Powers and Duties › Section 2052.051. Administration of Chapter

Sec. 2052.051.  ADMINISTRATION OF CHAPTER.  The department shall administer 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 2052 - Combative Sports › Subchapter B. Powers and Duties › Section 2052.052. Rules

Sec. 2052.052.  RULES.  (a)  The commission shall adopt reasonable and necessary rules to administer this chapter.
(b)  The commission may adopt rules:
(1)  governing boxing, kickboxing, martial arts, or mixed martial arts contests and exhibitions;
(2)  establishing reasonable qualifications for an applicant seeking a license or registration from the department under this chapter;
(3)  recognizing a sanction, medical suspension, or disqualification of a licensee or registrant by a combative sports authority in any state, provided that if licensure or registration is denied based on those actions, an applicant has an opportunity for a hearing as prescribed by rule;
(4)  establishing selection criteria and procedures for the assignment of individuals who agree to act as ringside physicians and timekeepers for combative sports events;
(5)  requiring a contestant to present with an application for licensure or license renewal documentation of recent blood test results that demonstrate whether the contestant is free from hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by commission rule and providing that a contestant's failure to provide the required blood test results disqualifies the contestant;
(6)  providing that to participate in any event a contestant must be free of hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by rule;
(7)  requiring that a contestant present with an application for licensure or license renewal documentation of the results of a physical examination, including an ophthalmologic examination, and providing for disqualification of a contestant who is determined by an examining physician to be unfit;
(8)  establishing additional responsibilities for promoters; and
(9)  governing regulated amateur events.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.004, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 2, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 41 (S.B. 618), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter B. Powers and Duties › Section 2052.053. Investigative Authority

Sec. 2052.053.  INVESTIGATIVE AUTHORITY.  (a)  The executive director shall investigate allegations of activity that may violate this chapter.
(b)  The executive director may enter, at a reasonable time, a place of business or an establishment in which activity alleged to violate this chapter may occur.  The executive director is not required to give advance notice before entering.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.064, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.503, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter B. Powers and Duties › Section 2052.054. Continuing Education

Sec. 2052.054.  CONTINUING EDUCATION.  (a)  The commission may recognize, prepare, or administer continuing education programs for persons licensed under this chapter.
(b)  Participation in a continuing education program under Subsection (a) is voluntary.
(c)  Section 51.405 does not apply to this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.005, eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter B. Powers and Duties › Section 2052.055. Combative Sports Advisory Board

Sec. 2052.055.  COMBATIVE SPORTS ADVISORY BOARD.  (a)  The presiding officer of the commission, with the commission's approval, may appoint a combative sports advisory board to advise the department concerning issues relating to combative sports events and contestants.
(b)  If the commission elects to appoint an advisory board, the commission by rule shall establish:
(1)  the number of board members;
(2)  qualifications for appointment to the board; and
(3)  the purpose and duties of the board.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.006, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 3, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 580 (H.B. 3315), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.101. Promoter License

Sec. 2052.101.  PROMOTER LICENSE.  A person may not act as a promoter unless the person holds the appropriate license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.102. Promoter License Application Requirements

Sec. 2052.102.  PROMOTER LICENSE APPLICATION REQUIREMENTS.  (a)  An applicant for a promoter's license under this chapter must apply on a form furnished by the executive director.
(b)  An application must be accompanied by:
(1)  a license fee in an amount set by the commission;  and
(2)  a surety bond:
(A)  subject to approval by the executive director;  and
(B)  conditioned on the applicant's payment of the tax imposed under Section 2052.151.
(c)  The executive director shall establish the amount of the surety bond required under Subsection (b).  The bond amount may not be less than $300.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.065, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.505, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 5, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.107. Other Combative Sports Licenses

Sec. 2052.107.  OTHER COMBATIVE SPORTS LICENSES.  Unless a person holds a license or registration issued under this chapter, the person may not act as a combative sports:
(1)  professional contestant;
(2)  manager of a professional contestant;
(3)  referee; or
(4)  judge.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.008, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 7, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 467 (H.B. 1293), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 41 (S.B. 618), Sec. 3, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 2.05, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.108. Application Requirements for Other Licenses

Sec. 2052.108.  APPLICATION REQUIREMENTS FOR OTHER LICENSES.  (a)  An application for a license under Section 2052.107 must be made on a form furnished by the executive director.
(b)  An application must be accompanied by the required license fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.066, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.506, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.109. Surety Bond

Sec. 2052.109.  SURETY BOND.  (a)  A surety bond required under this subchapter must:
(1)  be issued by a company authorized to conduct business in this state;
(2)  comply with the applicable requirements of the Insurance Code;
(3)  be payable to the state for use by the state or a political subdivision that establishes that the boxing or wrestling promoter is liable to it for damages, penalties, taxes, or other expenses resulting from promotional activities conducted in this state;  and
(4)  be open to more than one claim, except that the claims may not exceed the face value of the bond.
(b)  A person required to file a surety bond under this subchapter shall file a new bond annually.
(c)  A company that issues a bond shall notify the department in writing of the cancellation of the bond not later than the 30th day before the date on which the bond is canceled.
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 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.110. License and Bonding Exceptions

Sec. 2052.110.  LICENSE AND BONDING EXCEPTIONS.  If the contestants are amateurs, the licensing and bonding requirements of this chapter do not apply to:
(1)   an event conducted by a college, school, or university that is part of the institution's athletic program in which only students of educational institutions participate;
(2)  an event which is conducted by a troop, battery, company, or unit of the Texas National Guard or a law enforcement agency and in which only members of military or law enforcement organizations participate; or
(3)  an event which is conducted by an organization of the Olympic Games, the Paralympic Games, or the Pan-American Games and in which participants train or compete for advancement to or within the games.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.009, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.507, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.111. Denial of Application

Sec. 2052.111.  DENIAL OF APPLICATION.  The executive director may deny an application for a license or registration if:
(1)  the applicant does not meet the qualifications for the license or registration; or
(2)  after conducting an investigation and providing an opportunity for a hearing, the executive director determines that the applicant has violated this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.067, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.507, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 9, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.113. License and Permit Required for Closed Circuit Telecast

Sec. 2052.113.  LICENSE AND PERMIT REQUIRED FOR CLOSED CIRCUIT TELECAST.  A person who exhibits in this state a simultaneous telecast of a live, spontaneous, or current combative sports event on a closed circuit telecast in which a fee is charged for admission to the telecast must:
(1)  hold a promoter's license under this chapter; and
(2)  obtain a permit for the closed circuit telecast.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.114. License, Registration, and Permit Term and Renewal

Sec. 2052.114.  LICENSE, REGISTRATION, AND PERMIT TERM AND RENEWAL.  (a)  A license, registration, or permit issued under this chapter is valid for one year after the date of issuance.
(b)  The holder of a license, registration, or permit may renew the license, registration, or permit by paying a renewal fee and complying with other renewal requirements prescribed by department rule before the expiration date.  The department shall issue a renewal certificate to the holder at the time of renewal.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.010, eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.115. Promoter Responsibilities

Sec. 2052.115.  PROMOTER RESPONSIBILITIES.  For each promoted event, a promoter shall:
(1)  assure that all contestants scheduled to participate are licensed before the event;
(2)  provide that an ambulance, serviced by at least two emergency medical technicians, is present on the premises where the event is held;
(3)  provide for a physical examination of each contestant that complies with rules adopted under this chapter;  and
(4)  comply with all commission rules.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.010, eff. Jan. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.116. Amateur Combative Sports Association Registration

Sec. 2052.116.  AMATEUR COMBATIVE SPORTS ASSOCIATION REGISTRATION.  A person may not act as an amateur combative sports association unless the person is registered under this chapter.
Added by Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter C. Licensing, Registration, and Permits › Section 2052.117. Amateur Combative Sports Association Registration Requirements

Sec. 2052.117.  AMATEUR COMBATIVE SPORTS ASSOCIATION REGISTRATION REQUIREMENTS.  (a)  An applicant for registration as an amateur combative sports association must apply on a form acceptable to the executive director.
(b)  An application must be accompanied by:
(1)  a registration fee in the amount set by the commission;
(2)  proof of compliance with requirements established by rule for:
(A)  insurance; and
(B)  surety bonds, if any;
(3)  a copy of the rules of the association establishing standards of conduct for contestants and officials; and
(4)  proof that the association is recognized or organized as a nonprofit organization under the laws of this state or has such status under federal law.
(c)  Rules of the association must be approved by the department.
Added by Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter D. Gross Receipts Tax › Section 2052.151. Imposition and Rate of Tax

Sec. 2052.151.  IMPOSITION AND RATE OF TAX.  (a)  A tax is imposed on a person who:
(1)  conducts a combative sports event in which a fee is charged for admission to the event; or
(2)  exhibits in this state a simultaneous telecast of a live, spontaneous, or current combative sports event on a closed circuit telecast, in which a fee is charged for admission to the telecast.
(b)  The tax is three percent of the gross receipts obtained from the sale of tickets to the event, plus three percent of gross receipts received from sales of broadcast rights or $30,000, whichever is less.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.011, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter D. Gross Receipts Tax › Section 2052.152. Tax Report and Payment

Sec. 2052.152.  TAX REPORT AND PAYMENT.  (a)  A person on whom a tax is imposed under Section 2052.151, not later than three business days after the end of the event or telecast for which the tax is due, shall submit to the department a verified report on a form acceptable to the department stating:
(1)  the number of tickets sold to the event;
(2)  the ticket prices charged;
(3)  the gross price charged for the sale or lease of broadcasting, television, and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; and
(4)  the amount of gross receipts obtained from the event.
(b)  The person shall attach to the report a cashier's check, check, or money order payable to this state in the amount of the tax imposed on the event covered by the report.
(c)  The department may audit a report filed under Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.012, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter D. Gross Receipts Tax › Section 2052.153. Closed Circuit Telecast

Sec. 2052.153.  CLOSED CIRCUIT TELECAST.  A person exhibiting a simultaneous telecast of a live, spontaneous, or current combative sports event on a closed circuit telecast that occurs in Texas in which a fee is charged for admission to the exhibition:
(1)  must:
(A)  be a promoter; and
(B)  obtain a permit for each telecast exhibited; and
(2)  shall comply with the tax provisions of Sections 2052.151 and 2052.152.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter F. Other Combative Sport Regulations › Section 2052.251. Gloves

Sec. 2052.251.  GLOVES.  A combative sports event contestant shall wear gloves of the type and weight specified by commission rule, unless the commission by applicable rule requires or permits contestants to not wear gloves.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.015, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle B - Sports › Chapter 2052 - Combative Sports › Subchapter F. Other Combative Sport Regulations › Section 2052.252. Regulated Amateur Events

Sec. 2052.252.  REGULATED AMATEUR EVENTS.  (a)  This section applies to an amateur combative sports event, other than an event described by Section 2052.110, in which a fee is charged for admission to the event.
(b)  The amateur combative sports association sponsoring or producing the event shall register with the department not later than 30 days before the date the event begins.
(c)  The event may take place only if the executive director approves the event not later than seven days before the date the event begins.
(d)  Each contestant in the event must have been a member of the amateur combative sports association for the 30-day period immediately preceding the date the event begins and must be a member on the date of the event.
(e)  The amateur combative sports association shall determine the amateur standing of the event contestants and shall establish training programs consisting of at least 30 days of training for each contestant.
(f)  The event is subject to the supervision of the executive director.
(g)  Each contestant participating in the event must be examined by a licensed physician within a reasonable time before the event begins.  A licensed physician must be present at ringside during the entire event.
(h)  A professional combative sports contestant licensed under this chapter may not participate as a contestant in the event.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.016, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.510, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 35 (S.B. 796), Sec. 16, eff. September 1, 2005.