Texas Senate Tells the NCAA to Saddle Up

Photo Via: TexasSports.com

The Texas Senate joined other states in allowing athletes to benefit from their Name, Image, and Likeness

In not so surprising news, the Texas Senate passed a Name, Image, and Likeness (NIL) bill on April 22. The surprising part of the bill is the NIL change will take place starting Sep. 1. Texas joins Florida (July 2021) Arizona (July 2021), New Mexico (July 2021), Alabama (2021), and Mississippi (2021) as states enacting the NIL bill this year. Georgia is next in line to pass a NIL bill in 2021, awaiting Gov. Brian Kemp’s signature.

It makes sense for Texas to enact the law prior to the start of the 2021-22 football season because other SEC school states already have. The competitive advantage states with NIL bills have in recruiting is immense. Programs in states without pro-NIL rules are at an economic disadvantage when recruiting players. For schools to compete, they are going to have to continue to put pressure on their respective states to pass legislation. Even states like California (2023) that have enacted NIL legislation are going to be at a disadvantage.

The NCAA and President Mark Emmert are playing a dangerous game of chicken. The NCAA can choose to be proactive (although even now they would be late to the party) and get ahead of the rest of the states and create a universal NCAA rule, or the NCAA can continue to sit on their hands and wait for a federal bill.

Nevertheless, Texas schools can rejoice, and players can start looking to create a brand for themselves. Mathew McConaughey is bound to create Lincoln style advertisements with players at the University of Texas.

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Rising 3L & Co-President of the Buffalo Sports ands Entertainment Law Society. I enjoy writing and learning more about the intersection of business, sports, entertainment and law.

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