I actually don't totally understand what the Texas schools are doing. Do they just have like a booster outreach where they are soliciting funding for players and then acting as an intermediary? The school can't technically pay and since it's legal now I don't know why you would risk it.
But if it's simply reaching out to the alumni/booster network and connecting them with players, I don't really see that being contrary to ND's ethics.
I don't think the schools are supposed to be involved at all except for making sure things pass compliance. And NIL deals aren't supposed to be used as recruiting inducements.
Also, the Texas deal specifically isn't really NIL, it's basically pay-to-play. Its not based on any sort of fair market value for using their name, image, or likeness, but is instead basically a salary every player gets, which in itself then acts as a recruiting inducement.
If ND really wanted to play this game, all they would have to do is spin off the Rockne Athletic Fund so its a separate entity. That's kind of the equivalent of the Texas fund, though that is a new entity with a sole purpose instead of an already operating one.