By: Harris of Dallas S.B. No. 1347
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of parimutuel racing.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 3.07(a), Texas Racing Act (Article 179e,
1-4 Vernon's Texas Civil Statutes) is amended by adding Subsection (i)
1-5 to read 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 by amending Subsections
2-11 (a) and (b) and adding Subsection (c) to read as follows:
2-12 Sec. 3.08. <APPEAL FROM> DECISION OF STEWARDS OR JUDGES.
2-13 (a) Except as provided by Subsection (b) of this section, a final
2-14 decision of the stewards or judges may be appealed to the
2-15 commission in the manner provided for a contested case under the
2-16 Administrative Procedure and Texas Register Act (Article 6252-13a,
2-17 Vernon's Texas Civil Statutes). The burden of proof is on the
2-18 person making the appeal to present evidence sufficient to overturn
2-19 or modify the stewards' or judges' decision.
2-20 (b) A <In determining the distribution to holders of winning
2-21 tickets in a parimutuel pool, a> decision of the stewards or judges
2-22 on a disqualification for a foul in a race or on a finding of fact
2-23 regarding the running of a race is final and may 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 Article 6252-13a, Vernon's Texas Civil Statutes or
3-2 Article 6252-17a, Vernon's Texas Civil Statutes.
3-3 SECTION 3. Section 5.03(a), Texas Racing Act (Article 179e,
3-4 Vernon's Texas Civil Statutes) is amended by adding Subsection (i)
3-5 to read as follows:
3-6 (a) A person applying for the first time for a license
3-7 issued by the commission, or other applicants designated by the
3-8 commission by rule<An applicant for any license under this Act>
3-9 must submit to the commission a complete set of fingerprints of the
3-10 individual natural person applying for the license or, if the
3-11 applicant is not an individual natural person, a complete set of
3-12 fingerprints of each officer or director and of each person owning
3-13 an interest of at least five percent in the applicant. The
3-14 Department of Public Safety may request any person owning any
3-15 interest in an applicant to submit a complete set of fingerprints.
3-16 SECTION 4. Section 6.06, Texas Racing Act (Article 179e,
3-17 Vernon's Texas Civil Statutes) is amended by adding Subsection (i)
3-18 to read as follows:
3-19 (i) Subsections (c) and (d) of this section continue in
3-20 effect for a period of three years following the first day of live
3-21 racing run at the racetrack. After that period, Subsections (c)
3-22 and (d) of this section no longer apply; however, any transfer of
3-23 ownership which results in a majority ownership that does not meet
3-24 the citizenship and residency qualifications must have the
3-25 unanimous consent of all of the owners that do meet the citizenship
4-1 and residency qualifications.
4-2 SECTION 5. Section 6.17(a), Texas Racing Act (Article 179e,
4-3 Vernon's Texas Civil Statutes) is amended to read as follows:
4-4 (a) A commissioners court may collect a fee not to exceed 15
4-5 cents as an admission fee to a licensed racetrack located within
4-6 the county. If the racetrack is located within an incorporated
4-7 city or town, the governing body of the city or town may collect a
4-8 fee not to exceed 15 cents as an admission fee to a licensed
4-9 racetrack located within the city or town. If the racetrack is not
4-10 located within an incorporated city or town, the court may collect
4-11 an additional fee not to exceed 15 cents as an admission fee to a
4-12 licensed racetrack located within the county for allocation among
4-13 the incorporated cities or towns in the county. If the racetrack
4-14 is not located in an incorporated city or town, the court shall
4-15 collect the additional fee if requested to do so by the governing
4-16 bodies of a majority of the incorporated cities and towns in the
4-17 county. Allocation of the fees shall be based on the population
4-18 within the county of the cities or towns. A commissioner's court,
4-19 city, or town may not impose an admission fee on a person younger
4-20 than twenty-one (21) years of age.
4-21 SECTION 6. Section 8.01, Texas Racing Act (Article 179e,
4-22 Vernon's Texas Civil Statutes) is amended by adding Subsection (i)
4-23 to read as follows:
4-24 Sec. 8.01. Allocation. The commission shall allocate the
4-25 live and simulcast racing days for the conduct of live and
5-1 simulcast racing at each racetrack licensed under this Act. Each
5-2 racetrack shall accord reasonable access to races for all breeds of
5-3 horses as determined by the racetrack through negotiations with the
5-4 representative state breed registry with the final approval of the
5-5 commission. In granting approval, the commission shall consider
5-6 the factors of availability of competitive horses, economic
5-7 feasibility, and public interest. In allocating race dates under
5-8 this section, the commission shall consider live race dates
5-9 separately from simulcast race dates. The commission may prohibit
5-10 Sunday racing unless the prohibition would conflict with another
5-11 provision of this Act. If the commission determines that an
5-12 association which has been granted live or simulcast race dates has
5-13 violated this Act or a rule or order adopted under this Act in a
5-14 manner that constitutes a ground for disciplinary action under this
5-15 Act, the commission may rescind its approval of all or part of the
5-16 live or simulcast race dates.
5-17 SECTION 7. Section 10.01, Texas Racing Act (Article 179e,
5-18 Vernon's Texas Civil Statutes) is amended by adding Subsection (i)
5-19 to read as follows:
5-20 Sec. 10.01. Number of race days. (a) Any greyhound racing
5-21 licensee is <shall be> entitled to conduct races for <have> 300
5-22 evening and 150 matinee performances in a calendar year. The
5-23 commission shall grant at least five additional racing days during
5-24 a race meeting to be conducted as charity days. The commission
5-25 shall adopt rules relating to the conduct of charity days. The
6-1 commission shall insure that the races held by an association on a
6-2 charity day are comparable in all respects, including the
6-3 generation of revenue, to the races held by that association on any
6-4 other racing day.
6-5 (b) Notwithstanding Subsection (a) of this section, if the
6-6 commission determines that an association which has been granted
6-7 race dates has violated this Act or a rule or order adopted under
6-8 this Act in a manner that constitutes a ground for disciplinary
6-9 action under this Act, the commission may rescind its approval of
6-10 all or part of the race dates.
6-11 SECTION 8. Section 11.04(c), Texas Racing Act (Article 179e,
6-12 Vernon's Texas Civil Statutes) is amended to read as follows:
6-13 (c) The commission <shall> may adopt rules prohibiting an
6-14 association from accepting a wager made on credit and <shall> may
6-15 adopt rules prohibiting automatic banking machines within the
6-16 enclosure.
6-17 SECTION 9. Section 11.06(a) Minors, Texas Racing Act
6-18 (Article 179e, Vernon's Texas Civil Statutes) is amended to read as
6-19 follows:
6-20 Sec. 11.06. Minors. (a) The commission shall adopt rules
6-21 to prevent wagering by persons who have not yet attained <the
6-22 minimum age required to purchase alcoholic beverages in this state
6-23 and to prevent a person under 16> 18 years of age. The commission
6-24 shall adopt rules to prevent a person under 18 years of age from
6-25 entering the viewing section of a racetrack unless accompanied by
7-1 the person's parent or guardian. A person who intentionally,
7-2 knowingly, recklessly, or with criminal negligence violates a rule
7-3 adopted under this section commits an offense. An offense under
7-4 this section is a Class B misdemeanor.
7-5 SECTION 10. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended,
7-10 and that this Act take effect and be in force from and after its
7-11 passage, and it is so enacted.