1. (a) An application for registration or renewal will be accepted for filing only upon submission of a completed registration or renewal form and payment of the applicable filing fee stated in §78.21 of this title (relating to Filing Fees). Forms are available on the secretary of state web site at www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by writing the Statutory Documents Section, Office of the Secretary of State, P.O. Box 13550, Austin, Texas 78711-3550.
2. (b) Except as provided in subsection (d) of this section, an application for registration shall be made on Form 2501. The application for registration must comply with §2051.102, Texas Occupations Code and also provide a statement setting forth the names and addresses of all individuals who will recruit or solicit an athlete to enter into an agent contract, a professional sports services contract, or a financial services contract with the agent. See Form 2504.

3. (c) Except as provided in subsection (d) of this section, a renewal shall be made on Form 2505. The renewal must contain:

   1. (1) the applicant's:

      1. (A) name; and
      2. (B) principal business address;
   2. (2) the name and address of each athlete for whom the athlete agent is performing professional services for compensation on the date of the renewal application;
   3. (3) the name and address 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. (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:

      1. (A) a conviction of a crime that in this state is a felony or a crime of moral turpitude;
      2. (B) an administrative or a judicial determination finding the applicant or other person made a false, misleading, deceptive, or fraudulent representation;
      3. (C) a sanction or suspension related to occupational or professional conduct;
      4. (D) a denial of an application for a certificate of registration or license as an athlete agent, in any jurisdiction other than Texas; or
      5. (E) a denial, revocation, or suspension of a certificate of registration or license as an athlete agent, in any jurisdiction other than Texas;
   5. (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. (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. (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; and
   8. (8) a statement setting forth the names and addresses of all individuals who will recruit or solicit an athlete to enter into an agent contract, a professional sports services contract, or a financial services contract with the agent. See Form 2504.

4. (d) A person who holds a certificate of registration or license or who has submitted an application for renewal as an athlete agent in another state may submit a copy of the other state application and certificate or license instead of submitting the application required by this section if the application or renewal to the other state:

   1. (1) was submitted to the other state not earlier than the 180th day before the date the application is submitted in this state and the applicant certifies that the information contained in the application is current;
   2. (2) contains information substantially similar to or more comprehensive than the information required by Chapter 2051 of the Texas Occupations Code; and
   3. (3) was signed by the applicant under penalty of perjury.
5. (e) A certificate of registration or renewal under Chapter 2051 of the Texas Occupations Code is valid for one year from the date of issuance.
6. (f) 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 will issue a certificate of registration that relates back to the first date of receipt of the application for registration.

Source Note:The provisions of this §78.1 adopted to be effective March 1, 1988, 13 TexReg 837; amended to be effective December 3, 1993, 18 TexReg 8515; amended to be effective October 19, 2003, 28 TexReg 9071; amended to be effective September 11, 2008, 33 TexReg 7511; amended to be effective October 14, 2010, 35 TexReg 9078.