1 TAC §78.1, §78.11
The Office of the Secretary of State proposes amendments
to Subchapter A, concerning athlete agent registrations by amending §78.1
and §78.11. The purpose of the amendments is to implement amendments
to Chapter 2051 of the Occupations Code that were made by the 78th Texas Legislature
in Senate Bill 292, which will be effective on September 1, 2003.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the proposed amendments
are in effect there will be no fiscal implication for state government as
a result of enforcing the amendments. There is no effect on local government,
large businesses, small businesses or micro-businesses. There is no anticipated
additional economic cost to individuals who are required to comply with the
amendments as proposed. There is no anticipated impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the amendments are in effect the public benefit anticipated as a result
of enforcing the amendments will be to clarify that, on or after September
1, 2003, an athlete agent who is registered or certified as an athlete agent
in another state may register in this state by submitting a copy of that state's
application.
Comments on the proposed amendments may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The amendments are proposed under the Texas Government Code, §2001.004(1)
and §2001.006(b) and the Athlete Agents Act, Texas Occupations Code, §2051.051(b)
which provide the Secretary of State with the authority to prescribe and adopt
rules.
The amendment affects the Texas Occupations Code, §2051.101 and §2051.108.
§78.1.Registration of Athlete Agents.
(a)
The application for registration will be accepted for filing
only [
once
] upon submission of a completed registration form and
payment of the applicable filing fee stated in §78.21 of this title (relating
to Filing Fees).
(b)
Except as provided in subsection (c) of this section,
an application
[
Application
] for an athlete agent shall be
made on forms prescribed by the secretary of state [
entitled registration
of athlete agent
]. The form or specifications pertaining to the prescribed
form may be obtained by writing to the Statutory Documents Section, Office
of the Secretary of State, P.O. Box 12887, Austin, Texas 78711.
The form
may also be found on the Secretary of State's website at www.sos.state.tx.us.
(c)
A person who holds a certificate of registration
or license as an athlete agent in another state may submit a copy of the other
state application and certificate or license instead of submitting the application
required by 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 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 Chapter 2051 of the Occupations Code; and
(3)
was signed by the applicant under penalty of perjury.
(d)
[
(c)
] The registration under the
Act is valid for one year from the date of issuance. When application for
registration is made and the registration process has not been completed,
the secretary of state may issue a provisional registration certificate valid
for
not more than
90 days.
(e)
[
(d)
] An agent that is a corporation,
an association, a partnership, a limited liability company, or other entity,
and not an individual or sole proprietorship, shall file a statement setting
forth the names and addresses of all individuals who will recruit or solicit
an athlete to enter into an agent contract, a professional sports services
contract, or a financial services contract with the agent. The statement shall
be filed on a form prescribed by the secretary of state and available from
the Statutory Documents Section referenced previously.
§78.11.Renewal for Registration of Athlete Agent.
(a)
Except as provided in subsection (b) of this section,
an application
[
Application
] for renewal to be an athlete
agent shall be made on forms prescribed by the secretary of state [
entitled
renewal application of athlete agent
]. A copy of the prescribed form
or the requirements of the prescribed form may be obtained by writing to the
Statutory Documents Section, Office of the Secretary of State, P.O. Box 12887,
Austin, Texas 78711.
The form may also be found on the Secretary of State's
website at www.sos.state.tx.us.
(b)
A person who has submitted an application
for renewal of registration or license 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 Chapter 2051 of the Occupations Code; and
(3)
was signed by the applicant under penalty of perjury.
(c)
[
(b)
] A renewal application for an
athlete agent shall be submitted to the secretary of state on or before the
expiration of the registration term.
(d)
[
(c)
] Renewal under the Act is valid
for one year from the date of issuance. When application for renewal is made
and the renewal process has not been completed, the secretary of state may
issue a provisional renewal certificate valid for 90 days.
(e)
[
(d)
] An agent that is a corporation,
an association, a partnership, a limited liability company, or other entity,
and not an individual or sole proprietorship, shall file a statement with
the renewal application setting forth the names and addresses of all individuals
who will recruit or solicit an athlete to enter into an agent contract, a
professional sports services contract, or a financial services contract with
the agent. The statement shall be filed on a form prescribed by the secretary
of state and available from the Statutory Documents Section referenced previously.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 6, 2003.
TRD-200304792
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 475-0775
Subchapter C. CONTRACTS
1 TAC §78.51
The Office of the Secretary of State proposes amendments
to Subchapter C, concerning athlete agent contracts by amending §78.51.
The purpose of the amendments is to implement amendments to Chapter 2051 of
the Occupations Code that were made by the 78th Texas Legislature in Senate
Bill 292, which will be effective on September 1, 2003.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the proposed amendments
are in effect there will be no fiscal implication for state government as
a result of enforcing the amendments. There is no effect on local government,
large businesses, small businesses or micro-businesses. There is no anticipated
additional economic cost to individuals who are required to comply with the
amendments as proposed. There is no anticipated impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the amendments are in effect the public benefit anticipated as a result
of enforcing the amendments will be to clarify the type of information that
must be included in an athlete agent contract, on or after September 1, 2003.
Comments on the proposed amendments may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The amendments are proposed under the Texas Government Code, §2001.004(1)
and §2001.006(b) and the Athlete Agents Act, Texas Occupations Code, §2051.051(b)
which provide the Secretary of State with the authority to prescribe and adopt
rules.
The amendments affect the Texas Occupations Code, §2051.203 and §2051.204.
§78.51.Contract Form.
(a)
The secretary of state has the authority to approve the
form of all agent and financial services contracts. All such contracts shall:
(1)
include
the amount and method of computing
the
fees the agent may charge to and collect from the athlete and a description
of the various services to be rendered in return for each fee;
(2)
specify any other consideration the athlete
agent received or will receive from any other source for entering into the
contract; or for providing the services;
(3)
identify 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 contract;
(4)
[
(2)
] contain the disclosure statements
specified in the Athlete Agents Act, §5(b)(1), (2),
(3), (4)
and
(5)
[
(3)
];
(5)
[
(3)
] indicate the date that the
athlete signs the contract;
(6)
[
(4)
] identify the institution of
higher education where the athlete attended and participated in intercollegiate
sports contests
; and
[
.
]
(7)
specify the time-period covered by the
contract.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 6, 2003.
TRD-200304793
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 475-0775