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.