NIL at the Texas High School Level

It is no secret that college athletes have been able to profit off their name, image, and likeness. However, many people do not take into account how this ability impacts student-athletes at the high school level. While there is still much to be sorted out when it comes to high school student-athletes participating in NIL activities, different states have demonstrated their ideas regarding NIL – most notably Texas.

According to the Texas University Interscholastic League, Senate Bill 1385 (passed in June 2021) prohibits high school athletes from engaging in NIL activities, stating that “no individual, corporate entity, or other organization may enter into any arrangement with a prospective student-athlete relating to the prospective student-athlete’s name, image, or likeness prior to their enrollment in an institution of higher education.” This bill also emphasizes that these entities may not use NIL compensation as a means to recruit a prospective student-athlete to any institution, which simply means an athlete cannot be swayed to commit somewhere due to a promise of money.

What does this mean? This means that any high school athlete is unable to receive compensation for their NIL until they leave high school and enroll in college. However, the bill does not specify what “enrollment” means. Is an athlete considered enrolled when they make a deposit to a university, or when they physically start to attend said university? This question was tested, as Quinn Ewers of Carroll Senior High School in Southlake, Texas skipped his senior season and was an early enroll at Ohio State which allowed him to sign a reported $1.4 million in NIL without penalty.

Texas high school state association bylaws state that the amateur status (the idea that the athletes are playing the sport unpaid, and simply as a pastime) is required, and starts the first-class day of a student’s ninth grade year and is in effect at all times until athletic competitions are completed in the 12th grade. If a student-athlete accepts compensation without realizing it is a violation, the student-athlete has 30 days to return the consideration to avoid penalty.

While states such as New York, Nebraska, California, and more are permitting high school athletes to be compensated for their NIL, Texas remains stringent with name, image, and likeness regulations. The implications this will have on the future of high school athletics in Texas will likely be revealed in the near future, as many Texas high school athletes may go elsewhere to maximize their brand.

To learn more about NIL and how it impacts the High School landscape, check out the CleanKonnect NIL Certification Course.