SECTION 78.1. Registration and Renewal of Athlete Agents

(a) A complete application for registration or renewal is comprised of:

(1) a completed application (See Forms 2501, 2505);

(2) $50,000 surety bond required by Occupations Code, §2051.151(a), and §78.51(a) of this chapter (relating to Required Surety Bonds) (See Form 2504);

(3) $100,000 financial services bond or affidavit, as required by Occupations Code, §2051.151(a-1), and §78.51 and §78.52 of this chapter (relating to Affidavit in Lieu of Financial Service Bond) (See Forms 2502, 2503);

(4) supplement for each financially interested party (See Form 2506);

(5) payment of the filing fee stated in §78.10 of this chapter (relating to Filing Fees); and

(6) an applicant contact sheet (See Form 2507).

(b) Except as provided in §78.2 of this chapter (relating to Submission of Application from Other State), an application for registration shall be made on Form 2501. The application for registration must comply with Occupations Code, §2051.102, and also provide:

(1) any trade names or entities under which the applicant will provide athlete agent services;

(2) a list of all states in which the applicant is currently registered as an athlete agent; and

(3) copies of documentation related to any disclosures under Occupations Code, §2051.102(b)(3), including a settlement agreement or final judgment or order.

(c) A current registration may be renewed not earlier than 60 days prior to expiration. Except as provided in §78.2 of this chapter, a renewal shall be made on Form 2505. The renewal must contain:

(1) the applicant's:

(A) name;

(B) principal business address; and

(C) any trade names or entities under which the applicant will provide athlete agent services;

(2) the name, address and telephone number of each athlete for whom the athlete agent is performing professional services for compensation on the date of the renewal application;

(3) the name, address and telephone number of each athlete for whom the athlete agent has performed professional services for compensation during the three years immediately preceding the date of the renewal application but for whom the athlete agent is not performing professional services on the date of the renewal application;

(4) whether the applicant or a person described by paragraph (6) of this subsection has been subject to any of the following, if not previously disclosed to the Secretary of State on a prior application or renewal submitted by the applicant and filed by the Secretary of State, and copies of documentation related to any disclosures under this subsection, including a settlement agreement or final judgment or order:

(A) a conviction of a crime that in this state is a Class A or B misdemeanor, a felony or a crime of moral turpitude;

(B) an administrative or a judicial determination finding the applicant or other person made a false, misleading, deceptive, or fraudulent representation;

(C) a sanction or suspension related to occupational or professional conduct;

(D) a denial of an application for a certificate of registration or license as an athlete agent, in any jurisdiction other than Texas; or

(E) a denial, revocation, or suspension of a certificate of registration or license as an athlete agent, in any jurisdiction other than Texas;

(5) whether the applicant or a person described by paragraph (6) of this subsection has engaged in conduct resulting in the imposition on an athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event, if not previously disclosed to the Secretary of State on a prior application or renewal submitted by the applicant and filed by the Secretary of State;

(6) except as provided by paragraph (7) of this subsection, the name and address of each person, except a bona fide employee on salary, who is financially interested as a partner, associate, or profit sharer in the applicant's business;

(7) if an applicant is a member of the State Bar of Texas, the application information required under paragraph (6) of this subsection must include the name and address of each person who is involved in the activities of the athlete agent. This subsection does not require an applicant to state the name and address of a member of a law firm or professional corporation who is not involved in the business of the athlete agent;

(8) the name and address of each national professional sports association by which the athlete agent is currently certified; and

(9) a list of all states in which the applicant is currently registered as an athlete agent.

(d) Unless surrendered, cancelled, or revoked, a certificate of registration or renewal under Occupations Code, Chapter 2051, is valid for one year from the date of issuance. Date of issuance means the date the Secretary of State finds the application for registration or renewal qualified for registration.

(e) When the application for registration or renewal is submitted but determined by the Secretary of State to be incomplete or not accompanied by any necessary supplemental application, affidavit or surety bond, the Secretary of State may issue a provisional registration or renewal certificate valid for not more than 90 days. The Secretary of State will not issue a provisional certificate if the filing fee for the application for registration or renewal has not been paid. If the deficiencies in the registration are cured within the time specified by the Secretary of State, the Secretary of State will issue a certificate of registration that relates back to the first date of receipt of the application for registration.

(f) A sanction or suspension related to occupational or professional conduct that is required to be disclosed in an application or renewal includes a sanction or suspension from a professional sports association.

(g) A crime involving moral turpitude means the commission of a crime involving dishonesty, fraud, deceit, misrepresentation, deliberate violence, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as an athlete agent. A Class C misdemeanor is not a crime involving moral turpitude.

Source Note: The provisions of this §78.1 adopted to be effective October 24, 2011, 36 TexReg 7163