1-1 By: Harris of Dallas S.B. No. 1347
1-2 (In the Senate - Filed April 6, 1993; April 13, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 May 14, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 14, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 1347 By: Harris of Dallas
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the regulation of pari-mutuel racing.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 3.07(a), Texas Racing Act (Article 179e,
1-28 Vernon's Texas Civil Statutes), is amended to read as follows:
1-29 (a) Each horse race or greyhound race meeting shall be
1-30 supervised by three stewards employed <approved> by the commission
1-31 for horse racing or by three judges employed <approved> by the
1-32 commission for greyhound racing. <The commission shall employ one
1-33 of the stewards who supervises a horse race meeting who shall be
1-34 the presiding steward. The other stewards at the race meeting
1-35 shall be compensated by the association. The commission shall
1-36 employ one of the judges who supervises a greyhound race meeting
1-37 who shall be the presiding judge; the other judges at such a race
1-38 meeting shall be compensated by the association.> For each race
1-39 meeting, the commission shall employ <appoint> at least one state
1-40 veterinarian who shall be compensated by the commission. The
1-41 commission by rule shall determine the amount of compensation for
1-42 stewards, judges, and state veterinarians who are employed
1-43 <required to be compensated> by the commission. The commission may
1-44 impose a fee on an association to offset the costs of compensating
1-45 the <racetrack> stewards, judges, and state veterinarians for that
1-46 association. The amount of the fee for the compensation of
1-47 stewards, judges, and state veterinarians must be reasonable
1-48 according to industry standards for the compensation of those
1-49 officials at other racetracks and may not exceed the actual cost to
1-50 the commission for compensating the officials. All other racetrack
1-51 officials shall be appointed by the association, with the approval
1-52 of the commission. Compensation for those officials not
1-53 compensated by the commission shall be determined by the
1-54 association.
1-55 SECTION 2. Section 3.08, Texas Racing Act (Article 179e,
1-56 Vernon's Texas Civil Statutes), is amended to read as follows:
1-57 Sec. 3.08. <APPEAL FROM> DECISION OF STEWARDS OR JUDGES.
1-58 (a) Except as provided by Subsection (b) of this section, a final
1-59 decision of the stewards or judges may be appealed to the
1-60 commission in the manner provided for a contested case under the
1-61 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-62 Vernon's Texas Civil Statutes). The burden of proof is on the
1-63 person making the appeal to present evidence sufficient to overturn
1-64 or modify the stewards' or judges' decision.
1-65 (b) A <In determining the distribution to holders of
1-66 winning tickets in a pari-mutuel pool, a> decision of the stewards
1-67 or judges on a disqualification for a foul in a race or on a
1-68 finding of fact regarding the running of a race is final and may
2-1 not be appealed.
2-2 (c) Hearings conducted by the stewards or judges must be
2-3 consistent with constitutional guarantees of due process but are
2-4 not subject to the Administrative Procedure and Texas Register Act
2-5 (Article 6252-13a, Vernon's Texas Civil Statutes) or Chapter 424,
2-6 Acts of the 63rd Legislature, Regular Session, 1973 (Article
2-7 6252-17a, Vernon's Texas Civil Statutes).
2-8 SECTION 3. Subsection (a), Section 5.03, Texas Racing Act
2-9 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
2-10 as follows:
2-11 (a) A person applying for the first time for a license
2-12 issued by the commission or other applicants designated by the
2-13 commission by rule <An applicant for any license under this Act>
2-14 must submit to the commission a complete set of fingerprints of the
2-15 individual natural person applying for the license or, if the
2-16 applicant is not an individual natural person, a complete set of
2-17 fingerprints of each officer or director and of each person owning
2-18 an interest of at least five percent in the applicant. The
2-19 Department of Public Safety may request any person owning any
2-20 interest in an applicant to submit a complete set of fingerprints.
2-21 SECTION 4. Section 6.06, Texas Racing Act (Article 179e,
2-22 Vernon's Texas Civil Statutes), is amended by adding Subsection (i)
2-23 to read as follows:
2-24 (i) Subsections (c) and (d) of this section continue in
2-25 effect for a period of three years following the first day of live
2-26 racing run at the racetrack. After that period, Subsections (c)
2-27 and (d) of this section no longer apply; however, any transfer of
2-28 ownership that results in a majority ownership that does not meet
2-29 the citizenship and residency qualifications must have the
2-30 unanimous consent of all of the owners that do meet the citizenship
2-31 and residency qualifications.
2-32 SECTION 5. Subsection (a), Section 6.17, Texas Racing Act
2-33 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
2-34 as follows:
2-35 (a) A commissioners court may collect a fee not to exceed 15
2-36 cents as an admission fee to a licensed racetrack located within
2-37 the county. If the racetrack is located within an incorporated
2-38 city or town, the governing body of the city or town may collect a
2-39 fee not to exceed 15 cents as an admission fee to a licensed
2-40 racetrack located within the city or town. If the racetrack is not
2-41 located within an incorporated city or town, the court may collect
2-42 an additional fee not to exceed 15 cents as an admission fee to a
2-43 licensed racetrack located within the county for allocation among
2-44 the incorporated cities or towns in the county. If the racetrack
2-45 is not located in an incorporated city or town, the court shall
2-46 collect the additional fee if requested to do so by the governing
2-47 bodies of a majority of the incorporated cities and towns in the
2-48 county. Allocation of the fees shall be based on the population
2-49 within the county of the cities or towns. A commissioners court,
2-50 city, or town may not impose an admission fee on a person younger
2-51 than 21 years of age.
2-52 SECTION 6. Section 8.01, Texas Racing Act (Article 179e,
2-53 Vernon's Texas Civil Statutes), is amended to read as follows:
2-54 Sec. 8.01. Allocation. The commission shall allocate the
2-55 live and simulcast racing days for the conduct of live and
2-56 simulcast racing at each racetrack licensed under this Act. Each
2-57 racetrack shall accord reasonable access to races for all breeds of
2-58 horses as determined by the racetrack through negotiations with the
2-59 representative state breed registry with the final approval of the
2-60 commission. In granting approval, the commission shall consider
2-61 the factors of availability of competitive horses, economic
2-62 feasibility, and public interest. In allocating race dates under
2-63 this section, the commission shall consider live race dates
2-64 separately from simulcast race dates. The commission may prohibit
2-65 Sunday racing unless the prohibition would conflict with another
2-66 provision of this Act. If the commission determines that an
2-67 association that has been granted live or simulcast race dates has
2-68 violated this Act or a rule or order adopted under this Act in a
2-69 manner that constitutes a ground for disciplinary action under
2-70 this Act, the commission may rescind its approval of all or part of
3-1 the live or simulcast race dates.
3-2 SECTION 7. Section 10.01, Texas Racing Act (Article 179e,
3-3 Vernon's Texas Civil Statutes), is amended to read as follows:
3-4 Sec. 10.01. Number of racing days. (a) Any greyhound
3-5 racing licensee is <shall be> entitled to conduct races for <have>
3-6 300 evening and 150 matinee performances in a calendar year. The
3-7 commission shall grant at least five additional racing days during
3-8 a race meeting to be conducted as charity days. The commission
3-9 shall adopt rules relating to the conduct of charity days. The
3-10 commission shall insure that the races held by an association on a
3-11 charity day are comparable in all respects, including the
3-12 generation of revenue, to the races held by that association on any
3-13 other racing day.
3-14 (b) Notwithstanding Subsection (a) of this section, if the
3-15 commission determines that an association that has been granted
3-16 race dates has violated this Act or a rule or order adopted under
3-17 this Act in a manner that constitutes a ground for disciplinary
3-18 action under this Act, the commission may rescind its approval of
3-19 all or part of the race dates.
3-20 SECTION 8. Subsection (c), Section 11.04, Texas Racing Act
3-21 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
3-22 as follows:
3-23 (c) The commission shall adopt rules prohibiting an
3-24 association from accepting a wager made on credit and may <shall>
3-25 adopt rules prohibiting automatic banking machines within the
3-26 enclosure.
3-27 SECTION 9. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended,
3-32 and that this Act take effect and be in force from and after its
3-33 passage, and it is so enacted.
3-34 * * * * *
3-35 Austin,
3-36 Texas
3-37 May 14, 1993
3-38 Hon. Bob Bullock
3-39 President of the Senate
3-40 Sir:
3-41 We, your Committee on State Affairs to which was referred S.B. No.
3-42 1347, have had the same under consideration, and I am instructed to
3-43 report it back to the Senate with the recommendation that it do not
3-44 pass, but that the Committee Substitute adopted in lieu thereof do
3-45 pass and be printed.
3-46 Harris of
3-47 Dallas, Chairman
3-48 * * * * *
3-49 WITNESSES
3-50 FOR AGAINST ON
3-51 ___________________________________________________________________
3-52 Name: David J. Freeman x
3-53 Representing: Texas Racing Commission
3-54 City: Austin
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