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TITLE 1ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 78ATHLETE AGENTS
SUBCHAPTER DADMINISTRATIVE PENALTIES
RULE §78.152Prohibited Acts

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 §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 §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 §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 §78.53(b) of this chapter (relating to Maintenance of Bond): $500 per month.


Source Note: The provisions of this §78.152 adopted to be effective October 24, 2011, 36 TexReg 7163

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