Tennessee House Bill HB1386

Tennessee 2025-2026 Regular Session

• Introduced: 2/6/25
• Refer: 2/12/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 49, Chapter 7; Title 49, Chapter 8 and Title 49, Chapter 9, relative to student athletes.

Summary

HB1386 revises Tennessee law governing intercollegiate athletes’ name, image, and likeness (NIL) rights. It expressly allows student athletes at four-year public and private institutions in Tennessee to earn compensation for the use of their name, image, or likeness, so long as the compensation reflects fair market value and is not tied to athletic performance or enrollment. The bill also authorizes institutions, certified NIL collectives, and representatives to create NIL funds, media networks, and revenue-sharing arrangements to support athlete compensation and NIL-related programming. The bill goes beyond basic NIL permission by creating a statewide framework for administration and oversight. It requires certified NIL representatives to be licensed and to owe fiduciary duties to athletes, directs the secretary of state to maintain a public registry, and establishes a statewide NIL oversight committee under the Tennessee Higher Education Commission to monitor implementation, publish reports, and resolve disputes. Institutions would also have to provide NIL education, mentorship, and annual reporting to the General Assembly, while the state would be barred from pursuing NIL investigations.

Impact

HB1386 would substantially expand and formalize Tennessee’s NIL statutory scheme in Title 49, Chapter 7, replacing the existing part with a broader set of rules for athlete compensation, institutional NIL programs, and revenue-sharing mechanisms. It would affect colleges and universities, NIL collectives, athlete agents/representatives, the secretary of state, and the Tennessee Higher Education Commission, while also creating new reporting, licensing, and oversight obligations. The bill also authorizes optional institutional tools such as talent fees on ticket sales, direct-to-consumer media platforms, merchandise collaborations, and state matching funds for NIL infrastructure, with a stated goal of improving access for smaller and historically underserved institutions.

Sentiment

The bill appears generally supportive of student-athlete NIL opportunities and institutional innovation, with a strong emphasis on expanding revenue streams and providing education and oversight. Its structure suggests a pro-athlete, pro-program development approach, and there is no recorded committee or floor vote history in the provided materials to indicate formal opposition or support. Because no transcripts or votes are available, the overall sentiment can only be inferred from the bill text itself, which frames NIL expansion as beneficial and equitable.

Contention

The most likely points of contention are the scope of institutional authority and the new revenue mechanisms. Potentially controversial provisions include the proposed talent fee on ticket sales, mandatory revenue-sharing minimums, state support or matching funds for NIL infrastructure, and the prohibition on state regulatory NIL investigations. Another possible concern is the creation of a statewide oversight committee and the licensing/fiduciary requirements for NIL representatives, which could be viewed as adding administrative burdens. The bill also raises equity questions about how revenues are distributed across sports, institutions, and athletes, and whether the framework could advantage larger programs despite its stated goal of supporting smaller and underserved schools.