§ 131.001.Definitions

Four definitions, and the first is drawn so precisely that it names one organisation without naming it.

"National collegiate athletic association" means one with member institutions in 40 or more states, including Texas.

That threshold identifies the NCAA without using its name, which is the usual drafting technique where a statute is about a particular body but naming it would be awkward or would fail if the body changed its name.

"Regional collegiate athletic association" means one with one or more member institutions in Texas — which is the athletic conference, and the threshold is low enough to reach any conference with a Texas school.

"Institution" covers a public or private institution of higher education, including a senior college, university, community college, technical institute, or junior college.

"Person" does not include a government or governmental subdivision or agency — so the state, a city, or a public agency cannot be a defendant, though a public university can be a plaintiff as an institution.

The chapter’s subject is the boosters, agents and others who cause a program to be penalised, and the definitions build toward giving the conference and the school a claim against them.

The chapter dates from 1987, in the aftermath of the Southern Methodist University football scandal and the NCAA death penalty imposed that year — the only time that sanction has been used.