Texas bill would challenge the authority of NCAA to punish state schools for violating NIL rules (Texas NIL)

The official state flag of Texas is the lone star. I don't need to link it for you; you know it. The unofficial state flag of Texas is this one, a black lone star and a black cannon above the words "COME AND TAKE IT," spread across a plain white field. 

This international symbol of defiance dates all the way back to the Battle of Thermoplyae but became woven into the state's DNA with the Battle of Gonzales in Texas's war for independence from Mexico in 1835 and has remained there ever since. 

For evidence, consider House Bill 2804, which is essentially "COME AND TAKE IT" in written form, applied to the Lone Star State's college athletics programs in regards to NIL. 

An addendum to the bill essentially states that the NCAA, the SEC, the Big 12 or any other entity shall not penalize a Texas university for entering into an NIL deal. Here's the full text:

There are numerous collectives representing universities within the state, but Texas A&M's goes the furthest. The 12th Man Foundation launched 12th Man+ earlier this year which, among other things, connects NIL donations to ticket purchases

Would such an arrangement pass NCAA scrutiny if the the organization put it under a microscope? Who knows. But if HB 2804 passes (and all indications are that it will), it won't matter.

The 12th Man Foundation is independent of Texas A&M athletics, but the passage of HB 2804 would encourage other state schools to set up a similar, or even more aggressive, arrangement. And if those efforts are successful, it would lead other states to pass their own versions. 

The NCAA is hard at work lobbying Congress to pass an overarching NIL bill that would supersede the litany of NIL bills passing in state houses across the nation. Last week, Senator Lindsey Graham (R-SC) drafted a bill that would establish a parallel organization to the NCAA that would serve as an NIL clearinghouse. 

β€œThe NIL Clearinghouse shall carry out enforcement actions for any violation of this Act, including by levying fines, imposing penalties, including suspension or a permanent ban of an individual or entity from participation in varsity intercollegiate sports competition for a period determined by the NIL Clearinghouse and commencing civil actions and seeking all appropriate legal, equitable, or other relief, including damages and injunctions.”

It's an open question as to whether an NIL Clearinghouse bill ever gets the votes necessary to become law. In the meantime, the Texas legislature invites the NCAA and its member conferences to Come and Take It. 

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