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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of certain tax proceeds deposited to |
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and the allocation of the horse industry escrowed purse account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2028.202(b), Occupations Code, is |
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amended to read as follows: |
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(b) From the total amount deducted under Subsection (a), a |
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greyhound racetrack association that receives an interstate |
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cross-species simulcast signal shall distribute the following |
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amounts from each pari-mutuel pool wagered on the signal at the |
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racetrack: |
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(1) a fee of 1.5 percent to be paid to the racetrack in |
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this state sending the signal; |
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(2) a purse in the amount of 0.75 percent to be paid to |
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the official state horse breed registry for Thoroughbred horses for |
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use as purses at racetracks in this state; |
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(3) a purse in the amount of 0.75 percent to be paid to |
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the official state horse breed registry for quarter horses for use |
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as purses at racetracks in this state; and |
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(4) a purse of 4.5 percent to be escrowed with the |
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commission for purses in the manner provided by Section 2028.204. |
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SECTION 2. Section 2028.203, Occupations Code, is amended |
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to read as follows: |
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Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST. If |
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a racetrack association purchases an interstate simulcast signal |
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and the signal cost exceeds five percent of the pari-mutuel pool, |
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the commission, from the escrowed purse account under Section |
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2028.202(b)(4), shall reimburse the racetrack association an |
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amount equal to one-half of the signal cost that exceeds five |
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percent of the pari-mutuel pool. |
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SECTION 3. The heading to Section 2028.204, Occupations |
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Code, is amended to read as follows: |
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Sec. 2028.204. ALLOCATION OF ESCROWED PURSES [MONEY IN |
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ESCROW ACCOUNTS]. |
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SECTION 4. Section 2028.204(b), Occupations Code, is |
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amended to read as follows: |
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(b) Any horse racetrack association in this state may apply |
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to the commission for receipt of all or part of the escrowed purse |
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[money in the horse industry escrow] account for use as |
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purses. [Any state horse breed registry listed in Section |
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2030.002(a) may apply for receipt of money in the account for any |
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event that furthers the horse industry.] The commission[: |
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[(1)] shall determine the horse racetrack |
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associations [and state horse breed registries] to be allocated |
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money from the escrowed purse account and the percentages to be |
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allocated, taking into consideration purse levels, racing |
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opportunities, and the financial status of the requesting racetrack |
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association [or requesting breed registry; and |
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[(2) may not annually allocate more than 70 percent of |
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the amount deposited into the account to horse racetrack |
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associations for use as purses]. |
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SECTION 5. Sections 2028.205(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) In addition to money allocated under Section 2028.204, a |
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horse racetrack association operating a racetrack that is located |
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not more than 75 miles from a greyhound racetrack that offers |
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wagering on a cross-species simulcast signal and that sends the |
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cross-species simulcast signal to the greyhound racetrack may apply |
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to the commission for an allocation of up to 20 percent of the money |
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in the escrowed purse account that is attributable to the wagering |
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on a cross-species simulcast signal at the greyhound racetrack. |
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(b) If the applying horse racetrack association can prove to |
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the commission's satisfaction that the racetrack association's |
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handle has decreased directly due to wagering on an interstate |
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cross-species simulcast signal at a greyhound racetrack located not |
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more than 75 miles from the applying racetrack association, the |
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commission shall allocate amounts from the escrowed purse account |
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as the commission considers appropriate to compensate the racetrack |
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association for the decrease. The amounts allocated may not exceed |
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20 percent of the money in the escrowed purse account that is |
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attributable to the wagering on the interstate cross-species |
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simulcast signal at the greyhound racetrack. |
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SECTION 6. Sections 151.801(a) and (d), Tax Code, are |
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amended to read as follows: |
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(a) Except for the amounts allocated under Subsections (b), |
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(c), (c-2), [(c-3),] and (f), all proceeds from the collection of |
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the taxes imposed by this chapter shall be deposited to the credit |
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of the general revenue fund. |
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(d) The comptroller shall determine the amount to be |
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deposited to the highway fund under Subsection (b) according to |
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available statistical data indicating the estimated average or |
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actual consumption or sales of lubricants used to propel motor |
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vehicles over the public roadways. The comptroller shall determine |
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the amounts to be deposited to the accounts under Subsection (c) |
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according to available statistical data indicating the estimated or |
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actual total receipts in this state from taxable sales of sporting |
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goods, and according to the specific amounts provided in the |
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General Appropriations Act in accordance with Subsection (c-1). |
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The comptroller shall determine the amount to be deposited to the |
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fund under Subsection (c-2) according to available statistical data |
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indicating the estimated or actual total receipts in this state |
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from taxes imposed on sales at retail of fireworks. [The |
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comptroller shall determine the amount to be deposited to the |
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account under Subsection (c-3) according to available statistical |
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data indicating the estimated or actual total receipts in this |
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state from taxable sales of horse feed, horse supplements, horse |
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tack, horse bedding and grooming supplies, and other taxable |
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expenditures directly related to horse ownership, riding, or |
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boarding.] If satisfactory data are not available, the comptroller |
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may require taxpayers who make taxable sales or uses of those |
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lubricants, of sporting goods, or of fireworks[, or of horse feed, |
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horse supplements, horse tack, horse bedding and grooming supplies, |
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or other taxable expenditures directly related to horse ownership, |
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riding, or boarding] to report to the comptroller as necessary to |
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make the allocation required by Subsection (b), (c), or (c-2)[, or |
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(c-3)]. |
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SECTION 7. The following provisions of law are repealed: |
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(1) Section 2028.2041, Occupations Code; |
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(2) Section 151.801(c-3), Tax Code; and |
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(3) Sections 151.801(e)(4) and (5), Tax Code. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Texas Racing Commission shall revise existing |
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rules or adopt new rules as necessary to comply with Subtitle A-1, |
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Title 13, Occupations Code (Texas Racing Act), as amended by this |
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Act. |
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SECTION 9. This Act takes effect September 1, 2023. |