By: Harris of Dallas S.B. No. 1347
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of pari-mutuel racing.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 3.07, Texas Racing Act
1-4 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
1-5 as follows:
1-6 (a) Each horse race or greyhound race meeting shall be
1-7 supervised by three stewards employed <approved> by the commission
1-8 for horse racing or by three judges employed <approved> by the
1-9 commission for greyhound racing. <The commission shall employ one
1-10 of the stewards who supervises a horse race meeting who shall be
1-11 the presiding steward. The other stewards at the race meeting
1-12 shall be compensated by the association. The commission shall
1-13 employ one of the judges who supervises a greyhound race meeting
1-14 who shall be the presiding judge; the other judges at such a race
1-15 meeting shall be compensated by the association.> For each race
1-16 meeting, the commission shall employ <appoint> at least one state
1-17 veterinarian who shall be compensated by the commission. The
1-18 commission by rule shall determine the amount of compensation for
1-19 stewards, judges, and state veterinarians who are employed
1-20 <required to be compensated> by the commission. The commission may
1-21 impose a fee on an association to offset the costs of compensating
1-22 the <racetrack> stewards, judges, and state veterinarians for that
1-23 association. The amount of the fee for the compensation of
2-1 stewards, judges, and state veterinarians must be reasonable
2-2 according to industry standards for the compensation of those
2-3 officials at other racetracks and may not exceed the actual cost to
2-4 the commission for compensating the officials. All other racetrack
2-5 officials shall be appointed by the association, with the approval
2-6 of the commission. Compensation for those officials not
2-7 compensated by the commission shall be determined by the
2-8 association.
2-9 SECTION 2. Section 3.08, Texas Racing Act (Article 179e,
2-10 Vernon's Texas Civil Statutes), is amended to read as follows:
2-11 Sec. 3.08. <APPEAL FROM> DECISION OF STEWARDS OR JUDGES.
2-12 (a) Except as provided by Subsection (b) of this section, a final
2-13 decision of the stewards or judges may be appealed to the
2-14 commission in the manner provided for a contested case under the
2-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
2-16 Vernon's Texas Civil Statutes). The burden of proof is on the
2-17 person making the appeal to present evidence sufficient to overturn
2-18 or modify the stewards' or judges' decision.
2-19 (b) A <In determining the distribution to holders of
2-20 winning tickets in a pari-mutuel pool, a> decision of the stewards
2-21 or judges on a disqualification for a foul in a race or on a
2-22 finding of fact regarding the running of a race is final and may
2-23 not be appealed.
2-24 (c) Hearings conducted by the stewards or judges must be
2-25 consistent with constitutional guarantees of due process but are
3-1 not subject to the Administrative Procedure and Texas Register Act
3-2 (Article 6252-13a, Vernon's Texas Civil Statutes) or Chapter 424,
3-3 Acts of the 63rd Legislature, Regular Session, 1973 (Article
3-4 6252-17a, Vernon's Texas Civil Statutes).
3-5 SECTION 3. Subsection (a), Section 5.03, Texas Racing Act
3-6 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
3-7 as follows:
3-8 (a) A person applying for the first time for a license
3-9 issued by the commission or other applicants designated by the
3-10 commission by rule <An applicant for any license under this Act>
3-11 must submit to the commission a complete set of fingerprints of the
3-12 individual natural person applying for the license or, if the
3-13 applicant is not an individual natural person, a complete set of
3-14 fingerprints of each officer or director and of each person owning
3-15 an interest of at least five percent in the applicant. The
3-16 Department of Public Safety may request any person owning any
3-17 interest in an applicant to submit a complete set of fingerprints.
3-18 SECTION 4. Section 6.06, Texas Racing Act (Article 179e,
3-19 Vernon's Texas Civil Statutes), is amended by adding Subsection (i)
3-20 to read as follows:
3-21 (i) Subsections (c) and (d) of this section continue in
3-22 effect for a period of three years following the first day of live
3-23 racing run at the racetrack. After that period, Subsections (c)
3-24 and (d) of this section no longer apply; however, any transfer of
3-25 ownership that results in a majority ownership that does not meet
4-1 the citizenship and residency qualifications must have the
4-2 unanimous consent of all of the owners that do meet the citizenship
4-3 and residency qualifications.
4-4 SECTION 5. Subsection (a), Section 6.17, Texas Racing Act
4-5 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
4-6 as follows:
4-7 (a) A commissioners court may collect a fee not to exceed 15
4-8 cents as an admission fee to a licensed racetrack located within
4-9 the county. If the racetrack is located within an incorporated
4-10 city or town, the governing body of the city or town may collect a
4-11 fee not to exceed 15 cents as an admission fee to a licensed
4-12 racetrack located within the city or town. If the racetrack is not
4-13 located within an incorporated city or town, the court may collect
4-14 an additional fee not to exceed 15 cents as an admission fee to a
4-15 licensed racetrack located within the county for allocation among
4-16 the incorporated cities or towns in the county. If the racetrack
4-17 is not located in an incorporated city or town, the court shall
4-18 collect the additional fee if requested to do so by the governing
4-19 bodies of a majority of the incorporated cities and towns in the
4-20 county. Allocation of the fees shall be based on the population
4-21 within the county of the cities or towns. A commissioners court,
4-22 city, or town may not impose an admission fee on a person younger
4-23 than 21 years of age.
4-24 SECTION 6. Section 8.01, Texas Racing Act (Article 179e,
4-25 Vernon's Texas Civil Statutes), is amended to read as follows:
5-1 Sec. 8.01. Allocation. The commission shall allocate the
5-2 live and simulcast racing days for the conduct of live and
5-3 simulcast racing at each racetrack licensed under this Act. Each
5-4 racetrack shall accord reasonable access to races for all breeds of
5-5 horses as determined by the racetrack through negotiations with the
5-6 representative state breed registry with the final approval of the
5-7 commission. In granting approval, the commission shall consider
5-8 the factors of availability of competitive horses, economic
5-9 feasibility, and public interest. In allocating race dates under
5-10 this section, the commission shall consider live race dates
5-11 separately from simulcast race dates. The commission may prohibit
5-12 Sunday racing unless the prohibition would conflict with another
5-13 provision of this Act. If the commission determines that an
5-14 association that has been granted live or simulcast race dates has
5-15 violated this Act or a rule or order adopted under this Act in a
5-16 manner that constitutes a ground for disciplinary action under
5-17 this Act, the commission may rescind its approval of all or part of
5-18 the live or simulcast race dates.
5-19 SECTION 7. Section 10.01, Texas Racing Act (Article 179e,
5-20 Vernon's Texas Civil Statutes), is amended to read as follows:
5-21 Sec. 10.01. Number of racing days. (a) Any greyhound
5-22 racing licensee is <shall be> entitled to conduct races for <have>
5-23 300 evening and 150 matinee performances in a calendar year. The
5-24 commission shall grant at least five additional racing days during
5-25 a race meeting to be conducted as charity days. The commission
6-1 shall adopt rules relating to the conduct of charity days. The
6-2 commission shall insure that the races held by an association on a
6-3 charity day are comparable in all respects, including the
6-4 generation of revenue, to the races held by that association on any
6-5 other racing day.
6-6 (b) Notwithstanding Subsection (a) of this section, if the
6-7 commission determines that an association that has been granted
6-8 race dates has violated this Act or a rule or order adopted under
6-9 this Act in a manner that constitutes a ground for disciplinary
6-10 action under this Act, the commission may rescind its approval of
6-11 all or part of the race dates.
6-12 SECTION 8. Subsection (c), Section 11.04, Texas Racing Act
6-13 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
6-14 as follows:
6-15 (c) The commission shall adopt rules prohibiting an
6-16 association from accepting a wager made on credit and may <shall>
6-17 adopt rules prohibiting automatic banking machines within the
6-18 enclosure.
6-19 SECTION 9. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended,
6-24 and that this Act take effect and be in force from and after its
6-25 passage, and it is so enacted.