2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 131. VIOLATION OF COLLEGIATE ATHLETIC ASSOCIATION RULES  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 131. VIOLATION OF COLLEGIATE ATHLETIC ASSOCIATION RULES

Sec. 131.001. DEFINITIONS. In this chapter:

(1) "National collegiate athletic association" means a national

collegiate athletic association with one or more member

institutions in 40 or more states, including Texas.

(2) "Person" does not include a government or governmental

subdivision or agency.

(3) "Regional collegiate athletic association" means a regional

collegiate athletic association with one or more of its member

institutions in Texas.

(4) "Institution" means a public or private institution of

higher education, including any senior college, university,

community college, technical institute, or junior college.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 279, Sec. 1, eff.

Sept. 1, 1997.

Sec. 131.002. ADOPTION OF RULES. The rules of each national

collegiate athletic association in effect on January 1, 1987, are

adopted.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.003. CAUSE OF ACTION BY REGIONAL COLLEGIATE ATHLETIC

ASSOCIATION. A person who violates a rule of a national

collegiate athletic association adopted by this chapter is liable

for damages in an action brought by a regional collegiate

athletic association if:

(1) the person knew or reasonably should have known that a rule

was violated; and

(2) the violation of the rule is a contributing factor to

disciplinary action taken by the national collegiate athletic

association against:

(A) the regional collegiate athletic association;

(B) a member institution of the regional collegiate athletic

association; or

(C) a student at a member institution of the regional collegiate

athletic association.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.004. CAUSE OF ACTION BY INSTITUTION. A person who

violates a rule of a national collegiate athletic association

adopted by this chapter is liable for damages in an action

brought by an institution if:

(1) the person knew or reasonably should have known that a rule

was violated; and

(2) the violation of the rule is a contributing factor to

disciplinary action taken by the national collegiate athletic

association against the institution or a student at the

institution.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.005. DEFENSES. (a) It is a defense to an action under

this chapter that, at the time of the violation of the rule:

(1) the rule was not a current rule of the national collegiate

athletic association; or

(2) the rule had been substantially changed by the national

collegiate athletic association.

(b) It is a defense to an action under Section 131.003 that, at

the time of the violation of the rule, the defendant was:

(1) an employee of the national collegiate athletic association

whose rule was violated;

(2) an employee of the regional collegiate athletic association;

(3) an employee of a member institution of the regional

collegiate athletic association; or

(4) a student at a member institution of the regional collegiate

athletic association.

(c) It is a defense to an action under Section 131.004 that, at

the time of the violation of the rule, the defendant was:

(1) an employee of the national collegiate athletic association

whose rule was violated;

(2) an employee of the regional collegiate athletic association

of which the institution is a member;

(3) an employee of the institution; or

(4) a student at the institution.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.006. DAMAGES. Damages to a regional collegiate

athletic association or institution may include lost television

revenues and lost ticket sales of regular season and post-season

athletic events.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.007. DISTRIBUTION OF DAMAGES. A regional collegiate

athletic association that prevails in an action under Section

131.003 shall distribute the awarded damages to its member

institutions in the same manner that it regularly distributes

proceeds it receives in connection with athletic contests among

member institutions.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

Sec. 131.008. ATTORNEY'S FEES AND COSTS. A regional collegiate

athletic association or institution that prevails in an action

under this chapter is entitled to an award of reasonable

attorney's fees and costs.

Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1,

1987.

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