Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter D - ADMINISTRATIVE PENALTIES › Section 78.152 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
The following acts are prohibited under Occupations Code,
					 Chapter 2051, and this chapter. The associated penalties shown are examples
					 only for first violations of possible penalties per violation that may be
					 increased or decreased based on the factors listed in §
										RSA
					 78.151(a) of this chapter
					 (relating to Administrative Penalties). This list of prohibited acts is not
					 exclusive:
(1) Acting or representing
				  oneself as an athlete agent without being registered in violation of
				  §2051.101, including negotiating a contract or participating in an
				  interview program: $2,500;
(2)
				  Acting as a professional athlete agent while holding a registration as a
				  limited athlete agent: $2,500;
(3)
				  Directly contacting an athlete or entering into an agent agreement with an
				  athlete before completion of the athlete's last intercollegiate sports contest
				  in violation of §2051.351(a)(8): $2,500;
(4) Offering a thing of value to an athlete
				  or individual related to an athlete within the second degree by affinity or
				  consanguinity to induce the athlete to enter into an agent contract before the
				  athlete completes his or her last intercollegiate sports contest in violation
				  of §2051.351(a)(6): $2,500;
(5) Furnishing a thing of value to an athlete
				  or individual related to an athlete within the second degree by affinity or
				  consanguinity before the athlete completes his or her last intercollegiate
				  sports contest in violation of §2051.351(a)(7): $5,000;
(6) Furnishing a thing of value to one other
				  than an athlete or other registered athlete agent to induce an athlete to enter
				  an agent contract in violation of §2051.351(a)(9): $2,500;
(7) Pre- or post-dating an agent contract in
				  violation of §2051.351(a)(12): $2,500 per contract;
(8) Failing to notify an athlete before the
				  athlete signs an agent contract that may make the athlete ineligible to
				  participate in intercollegiate sports in violation of §2051.351(a)(13):
				  $2,500;
(9) Entering into a
				  referral contract with an employee of an institution of higher education in
				  violation of §2051.351(a)(5): $2,000;
(10) Publishing or causing to be published
				  false, fraudulent, or misleading information or a false, fraudulent, or
				  misleading representation, notice, or advertisement in violation of
				  §2051.351(a)(1): $1,500;
(11)
				  Providing false information in violation of §2051.351(a)(2): $1,500 per
				  violation;
(12) Making a false
				  promise or representation relating to employment in violation of
				  §2051.351(a)(3): $1,500;
(13)
				  Initiating unauthorized contact in violation of §2051.351(a)(10),
				  §2051.004: $1,500;
(14)
				  Dividing fees with or receiving compensation from a person exempt from
				  registration, a professional sports league or franchise (including a
				  representative or employee), or an institution of higher education (including a
				  representative or employee of the athletics department) in violation of
				  §2051.351(a)(4): $1,500;
(15)
				  Failing to retain records or permit inspection of records in violation of
				  §2051.351(11), §2051.352: $2,500;
(16) Committing or causing a person to commit
				  on the agent's behalf an act that causes an athlete to violate a rule of the
				  national association for the promotion and regulation of intercollegiate
				  athletics of which the athlete's institution of higher education is a member in
				  violation of §2051.351(a)(14): $5,000;
(17) Failure to file bond before entering
				  financial services contract in violation of §2051.151(a-1): $1,500 (per
				  registration year during which the agent engages in activity requiring a
				  financial services bond);
(18)
				  Failure to file contract in violation of §2051.205(a): $500;
(19) Failure to disclose information required
				  in registration in violation of § 2051.102 or §
										RSA
				  78.1 of this chapter (relating to
				  Registration and Renewal of Athlete Agents): $1,000;
(20) Failure to disclose information required
				  in renewal in violation of § 2051.108 or §
										RSA
				  78.1 of this chapter: $1,000;
(21) Failure to disclose name and address in
				  advertising in violation of §2051.353: $500;
(22) Executing a contract with an athlete
				  that fails to comply with Chapter 2051 or this chapter: $500;
(23) Failure to provide a copy of a contract
				  to an institution of higher education in violation of §2051.205(a)(2):
				  $500;
(24) Failure to notify
				  athletic director of contact initiated by an athlete or athlete's guardian in
				  violation of §2051.351(c): $500;
(25) Failure to notify the Secretary of State
				  in writing not later than 30 days after the agent's conviction of a crime that
				  is in this state an offense other than a Class C misdemeanor in violation of
				  §2051.109: $1,000; and
(26)
				  Failure to notify the Secretary of State in writing of bond cancellation within
				  30 days in violation of §
										RSA
				  78.53(b) of this chapter
				  (relating to Maintenance of Bond): $500 per month.