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Why Does Texas Want To Put Agents In Prison For 10 Years?

Earlier this week, I received quite a few calls from journalists asking my thoughts on a Texas sports agent bill that has passed through the state’s House of Representatives and Senate, and now awaits Texas Governor Rick Perry’s signature.  What caught many people’s attention is a clause in the legislation that enables the state of Texas to potentially lock up a sports agent in prison for up to 10 years if he/she violates the anticipated law.  In my opinion, Texas is just becoming the next state in a line of states passing new sports agent legislation in response to a drastic increase in sports agent media coverage over the past year.  Until this law and new laws in California, Arkansas, Ohio, et al. are actually enforced, the laws are like sharp dentures that have not been placed in someone’s mouth.  They look impressive and downright scary, but have no use unless applied.

My main question about the new sports agent legislation sweeping across the country is this: Why spend the time and effort to push these bills through state chambers instead of focusing on just enforcing the laws that are already on the books?  All these state legislators who are sponsoring new sports agent bills are promoting their causes in the media, but the media is widely ignoring the fact that these states have had the tools to prosecute agents for their illegal acts for quite some time; they just have been sitting on their hands.

The focus really should not be about implementing harsher penalties.  In fact, I find it hard to believe that a 10 year prison sentence to an agent who gives money to a student-athlete adequately matches the sentence to the crime committed.  Further, I have recently wrestled with the idea that agents should not be penalized at all for providing any monetary benefit to student-athletes, but that is outside of the scope of this particular conversation.  If there are going to be penalties attached to such activities, make those penalties reasonable, and actually enforce the law.

Examine the statement by Texas Rep. Harold Dutton: “Far too many times, agents have caused havoc for athletes and universities and walked away unscathed.”  Again, enforce the laws that you and your predecessors fought to create in the past instead of wasting time peddling new legislation where the punishment does not fit the crime.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

3 replies on “Why Does Texas Want To Put Agents In Prison For 10 Years?”

 How about laws and prison for Coaches, Administrators and Boosters who pay the players to come to their schools?

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