The Marathon Continues: Texas NIL Has Room to Grow

Abstract

College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This Comment encourages Texas to develop a trust system that holds group licensing revenues in trust until the respective students leave the university. College athletes would not only maximize their name, image, and likeness earning potential but also connect with local businesses. At the same time, universities in Texas would continue to position themselves as attractive destinations for top athletes nationwide. These suggested improvements are inspired by existing state and proposed federal legislation and suggestions from federal judges and a Supreme Court Justice.