Enrolled Bill Summary

House Bill 1445 amends the Texas Racing Act to continue the Texas Racing Commission until 2005. The act transfers the responsibility for promoting horse and greyhound racing from the commission to the Texas Department of Commerce and expands the duties of the racing commission with regard to the oversight and enforcement of rules governing pari-mutuel racing.

House Bill 1445 revises criminal offenses and penalties under the Texas Racing Act and provides that licensees and persons entering track facilities consent to be searched for prohibited devices, substances, and contraband. The act requires the commission to revoke, or otherwise discontinue, a license for a violation of the act or a commission rule and requires the adoption of rules prohibiting activities that unlawfully influence the outcome of a race. The commission is granted rulemaking authority to remedy inappropriate or unsafe conditions at a racetrack or greyhound farm or facility through increased inspection and enforcement activities relating to construction, renovation, and maintenance of a racing facility. The commission is also to restrict the use of automatic teller machines at racetracks by placing a $200 limit on the amount of money that can be withdrawn from an individual's checking account. The act changes the number of Class 1 racetracks from 4 to 3.

The act revises the commission's structure to no longer require separate greyhound and horse racing sections for rulemaking. Stewards and judges are required to be employees of the commission for the purpose of greater accountability. The percentage of the simulcast pari-mutuel pool originally distributed to the Texas Commission on Alcohol and Drug Abuse is set aside to reimburse the general revenue fund for the racing commission's debt. The commission is required to charge licensees for the cost of a criminal history check.

The act eliminates the prohibition on cross-species simulcasting, establishes procedures for simulcast agreements between horse and greyhound racetracks, and specifies the amount of money set aside for purses and other disbursements from pari-mutuel and cross-species simulcast pools. The act also authorizes commissioners of county courts to order an election to approve pari-mutuel wagering on simulcast horse and greyhound racing. In addition, it authorizes the lieutenant governor to create a senate interim committee to study the overall performance and growth of horse racing in the state.