Keeping Up with the Joneses: Texas’ NIL Battle for Student-Athletes

Abstract

Starting in 2021, college athletes could earn financial compensation from their name, image, and likeness (“NIL”). With the change in laws, the National Collegiate Athletic Association (“NCAA”) created an interim regulation for states to follow. After the Supreme Court decision, some states’ trigger laws went into effect, some states made new NIL regulations, and some states continued to follow the regulation set out by the NCAA. With all these laws and no federal regulation, each state stands on different footing. In Texas, a restrictive NIL statute will affect its recruiting for years unless adjusted. This Comment suggests improvements to the Texas NIL law, such as allowing universities to assist student-athletes in finding potential NIL deals and creating and supplying resources and programs for collegiate athletes to obtain the highest return on NIL deals. Texas can also repeal its statute like states have done with similar NIL laws. This Comment will also discuss the potential Title IX impacts of suggested additions to the Texas NIL law.