An old ’87 code could flip the script on dealers

Thursday, Aug 15, 2013 1:32 PM Updated Thursday, Aug. 15, 2013 2:35 PM

Based on a 1987 statute in Texas, A&M could seek damages

Johnny Manziel has a lot to juggle these days. The 2012 Heisman Trophy winner has come under fire recently for allegedly receiving payment for autographing memorabilia. Dealers that knowingly helped him break NCAA rules could be sued by Texas A&M under Texas Civil Practice and Remedies Code.

Patric Schneider/Associated Press file photo

There may be another disincentive for autograph dealers who allegedly paid Texas A&M quarterback Johnny Manziel for his signature to cooperate with the NCAA.

A statute passed in Texas in 1987 said “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 know 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.”

That portion of Section 131.004 of the Texas Civil Practice and Remedies Code was pointed out Thursday in a blog post by Christian Dennie, a Fort Worth-based attorney with Barlow, Garsek & Simon.

Thus, an autograph dealer who aided Manziel in breaking NCAA rules could be targeted for damages by Texas A&M.

Manziel is alleged to have signed thousands of autographs for dealers in three states since fall 2012. Accepting payment for such acts would violate NCAA Bylaw 12.5.2.1, which prohibits student-athletes from accepting money for promotion or sale of a product or service.