By Gray, Black, Wilson H.B. No. 1305
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Racing
1-3 Commission and to the transfer of certain commission functions to
1-4 the Texas Department of Commerce; creating a criminal offense;
1-5 providing a criminal penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1.02, Texas Racing Act (Article 179e,
1-8 Vernon's Texas Civil Statutes), is amended to read as follows:
1-9 Sec. 1.02. Purposes. The purpose <purposes> of this Act is
1-10 <are> to <encourage agriculture, the horse-breeding industry, the
1-11 horse-training industry, the greyhound-breeding industry, tourism,
1-12 and employment opportunities in this state related to horse racing
1-13 and greyhound racing and to> provide for the strict regulation of
1-14 horse racing and greyhound racing and the control of pari-mutuel
1-15 wagering in connection with that racing.
1-16 SECTION 2. Section 1.03, Texas Racing Act (Article 179e,
1-17 Vernon's Texas Civil Statutes), is amended by adding Subdivisions
1-18 (67)-(73) to read as follows:
1-19 (67) "Racetrack facility" means a facility operated by
1-20 an association within its enclosure for the purpose of presenting
1-21 races for pari-mutuel wagering.
1-22 (68) "Child" means a person younger than 16 years of
1-23 age.
1-24 (69) "Minor" means a person younger than 21 years of
2-1 age.
2-2 (70) "Contraband" means:
2-3 (A) any item or thing the possession of which is
2-4 unlawful under this Act, a commission rule, or other law;
2-5 (B) any item or thing that might reasonably have
2-6 the effect of unnaturally depressing, stimulating, or exciting an
2-7 animal during a race in a manner contrary to this Act or commission
2-8 rule, including a prohibited device or substance; or
2-9 (C) a document, including a credential or forged
2-10 ticket, possessed by an individual or used by an individual in
2-11 violation of this Act or a commission rule.
2-12 (71) "Prohibited device" means:
2-13 (A) a spur or an electrical or other device
2-14 prohibited by a commission rule regulating the unlawful influence
2-15 of a race; or
2-16 (B) a device specifically designed, made, or
2-17 adapted to influence or affect the outcome of a race in a manner
2-18 contrary to this Act or a commission rule.
2-19 (72) "Prohibited substance" means a drug, chemical,
2-20 medication, stimulant, depressant, or other substance, including a
2-21 syringe or other device used to administer a prohibited substance,
2-22 that, in its use or intended use, is capable of influencing or
2-23 affecting the outcome of a race in a manner contrary to this Act or
2-24 a commission rule.
2-25 (73) "Unlawful touting" means an offense described by
2-26 Section 14.01 of this Act or a similar offense under the laws of
2-27 another state.
3-1 SECTION 3. Section 2.02, Texas Racing Act (Article 179e,
3-2 Vernon's Texas Civil Statutes), is amended to read as follows:
3-3 Sec. 2.02. Membership. (a) The commission consists of six
3-4 members appointed by the governor with the advice and consent of
3-5 the senate and two ex officio members who shall have the right to
3-6 vote. The ex officio members are the chairman of the Public Safety
3-7 Commission and the comptroller of public accounts. <In making
3-8 appointments to the commission, the governor shall strive to
3-9 achieve representation by all the population groups of the state
3-10 with regard to economic status, sex, race, and ethnicity.>
3-11 (b) Appointments to the commission shall be made without
3-12 regard to the race, color, disability, sex, religion, age, or
3-13 national origin of the appointees. <One appointed member must be a
3-14 veterinarian licensed to practice in this state who specializes in
3-15 the treatment of small animals. One appointed member must be a
3-16 veterinarian licensed to practice in this state who specializes in
3-17 the treatment of large animals. Two appointed members must be
3-18 individuals who are not veterinarians and who have special
3-19 knowledge or experience related to greyhound racing. Two appointed
3-20 members must be individuals who are not veterinarians and who have
3-21 special knowledge or experience related to horse racing.>
3-22 <(c) In making appointments to the commission, the governor
3-23 shall attempt to reflect the minority groups found in the state's
3-24 general populace.>
3-25 SECTION 4. Section 2.03, Texas Racing Act (Article 179e,
3-26 Vernon's Texas Civil Statutes), is amended to read as follows:
3-27 Sec. 2.03. Term of office. (a) Appointed <Except for the
4-1 initial appointments, appointed> members hold office for staggered
4-2 terms of six years with two members' terms expiring February 1 of
4-3 each odd-numbered year. A member holds office until that member's
4-4 successor is appointed and qualifies.
4-5 (b) <In making the initial appointments, the governor shall
4-6 designate two appointed members for a term expiring February 1,
4-7 1989, two for a term expiring February 1, 1991, and two for a term
4-8 expiring February 1, 1993. The governor shall make the initial
4-9 appointments on or before February 1, 1987.>
4-10 <(c)> The ex officio members hold office on the commission
4-11 for the time for which they hold their other offices.
4-12 SECTION 5. Section 2.05, Texas Racing Act (Article 179e,
4-13 Vernon's Texas Civil Statutes), is amended to read as follows:
4-14 Sec. 2.05. Eligibility. (a) Four of the appointed members
4-15 of the commission must be representatives of the general public and
4-16 have general knowledge of business or agribusiness. One additional
4-17 appointed member must have special knowledge or experience related
4-18 to greyhound racing and one additional appointed member must have
4-19 special knowledge or experience related to horse racing. A person
4-20 is not eligible for appointment as a member of the commission if
4-21 the person or the person's spouse:
4-22 (1) is licensed by the commission, except as a
4-23 commissioner;
4-24 (2) is employed by the commission or participates in
4-25 the management of a business entity or other organization regulated
4-26 by the commission or receiving funds from or through the
4-27 commission;
5-1 (3) owns or controls, directly or indirectly, more
5-2 than a 10 percent interest in a business entity or other
5-3 organization regulated by the commission or receiving funds from or
5-4 through the commission; or
5-5 (4) uses or receives a substantial amount of tangible
5-6 goods, services, or funds from or through the commission, other
5-7 than compensation or reimbursement authorized by law for commission
5-8 membership, attendance, or expenses.
5-9 (b) In addition to the eligibility requirements of
5-10 Subsection (a), a <A> person is not eligible to be an appointed
5-11 member of the commission if that person owns any financial interest
5-12 in a racetrack or its operation or if that person is related within
5-13 the second degree by affinity or the third degree by consanguinity,
5-14 as determined under Subchapter B, Chapter 573, Government Code
5-15 <Article 5996h, Revised Statutes>, to a person who owns any
5-16 financial interest in a racetrack or its operation.
5-17 (c) Each person appointed to or employed by the commission
5-18 is subject to all background checks and qualification criteria
5-19 required to hold a racetrack license or other license under this
5-20 Act.
5-21 (d) A person who has been convicted of a felony or of any
5-22 crime involving moral turpitude is not eligible for appointment to
5-23 the commission.
5-24 SECTION 6. Article 2, Texas Racing Act (Article 179e,
5-25 Vernon's Texas Civil Statutes), is amended by adding Sections
5-26 2.071-2.074 to read as follows:
5-27 Sec. 2.071. CONFLICT OF INTEREST. (a) An officer,
6-1 employee, or paid consultant of a Texas trade association in the
6-2 field of horse or greyhound racing or breeding may not be a member
6-3 of the commission or employee of the commission who is exempt from
6-4 the state's position classification plan or is compensated at or
6-5 above the amount prescribed by the General Appropriations Act for
6-6 step 1, salary group 17, of the position classification salary
6-7 schedule.
6-8 (b) A person who is the spouse of an officer, manager, or
6-9 paid consultant of a Texas trade association in the field of horse
6-10 or greyhound racing or breeding may not be a member of the
6-11 commission and may not be an employee of the commission who is
6-12 exempt from the state's position classification plan or is
6-13 compensated at or above the amount prescribed by the General
6-14 Appropriations Act for step 1, salary group 17, of the position
6-15 classification salary schedule.
6-16 (c) For the purposes of this section, a Texas trade
6-17 association is a nonprofit, cooperative, and voluntarily joined
6-18 association of business or professional competitors in this state
6-19 designed to assist its members and its industry or profession in
6-20 dealing with mutual business or professional problems and in
6-21 promoting their common interest.
6-22 Sec. 2.072. LOBBYIST RESTRICTION. A person may not serve as
6-23 a member of the commission or act as the general counsel to the
6-24 commission if the person is required to register as a lobbyist
6-25 under Chapter 305, Government Code, because of the person's
6-26 activities for compensation on behalf of a profession related to
6-27 the operation of the commission.
7-1 Sec. 2.073. GROUNDS FOR REMOVAL. (a) It is a ground for
7-2 removal from the commission if a member:
7-3 (1) does not have at the time of appointment the
7-4 qualifications required by Section 2.02, 2.04, or 2.05 of this Act;
7-5 (2) does not maintain during service on the commission
7-6 the qualifications required by Section 2.02 or 2.05 of this Act;
7-7 (3) violates a prohibition established by Section
7-8 2.05, 2.07, 2.071, or 2.072 of this Act;
7-9 (4) cannot because of illness or disability discharge
7-10 the member's duties for a substantial part of the term for which
7-11 the member is appointed; or
7-12 (5) is absent from more than half of the regularly
7-13 scheduled commission meetings that the member is eligible to attend
7-14 during a calendar year unless the absence is excused by majority
7-15 vote of the commission.
7-16 (b) The validity of an action of the commission is not
7-17 affected by the fact that it is taken when a ground for removal of
7-18 a commission member exists.
7-19 (c) If the executive secretary has knowledge that a
7-20 potential ground for removal exists, the executive secretary shall
7-21 notify the presiding officer of the commission of the potential
7-22 ground. The presiding officer shall then notify the governor and
7-23 the attorney general that a potential ground for removal exists.
7-24 If the potential ground for removal involves the presiding officer,
7-25 the executive secretary shall notify the next highest officer of
7-26 the commission, who shall notify the governor and the attorney
7-27 general that a potential ground for removal exists.
8-1 Sec. 2.074. MEMBER TRAINING. (a) Before a member of the
8-2 commission may assume the member's duties and before the member may
8-3 be confirmed by the senate, the member must complete at least one
8-4 course of the training program established by the commission under
8-5 this section.
8-6 (b) A training program established under this section shall
8-7 provide information to the member regarding:
8-8 (1) the enabling legislation that created the
8-9 commission;
8-10 (2) the programs operated by the agency;
8-11 (3) the role and functions of the agency;
8-12 (4) the rules of the agency with an emphasis on the
8-13 rules that relate to disciplinary and investigatory authority;
8-14 (5) the current budget for the agency;
8-15 (6) the results of the most recent formal audit of the
8-16 agency;
8-17 (7) the requirements of the:
8-18 (A) open meetings law, Chapter 551, Government
8-19 Code;
8-20 (B) open records law, Chapter 552, Government
8-21 Code; and
8-22 (C) administrative procedure law, Chapter 2001,
8-23 Government Code;
8-24 (8) the requirements of the conflict of interest laws
8-25 and other laws relating to public officials; and
8-26 (9) any applicable ethics policies adopted by the
8-27 agency or the Texas Ethics Commission.
9-1 SECTION 7. Section 2.10, Texas Racing Act (Article 179e,
9-2 Vernon's Texas Civil Statutes), is amended to read as follows:
9-3 Sec. 2.10. PRESIDING OFFICER <CHAIRMAN>. The governor shall
9-4 designate a public <one> member of the commission as the presiding
9-5 officer <chairman> of the commission to serve in that capacity at
9-6 the pleasure of the governor.
9-7 SECTION 8. Section 2.11, Texas Racing Act (Article 179e,
9-8 Vernon's Texas Civil Statutes), is amended by amending Subsection
9-9 (b) and adding Subsection (d) to read as follows:
9-10 (b) A majority of the commission constitutes a quorum. <A
9-11 majority of a section of the commission constitutes a quorum for
9-12 purposes of conducting business related to matters under the
9-13 exclusive jurisdiction of that section.>
9-14 (d) The commission shall, by rule, develop and implement
9-15 policies that provide the public with a reasonable opportunity to
9-16 appear before the commission and to speak on any issue under the
9-17 jurisdiction of the commission.
9-18 SECTION 9. Article 2, Texas Racing Act (Article 179e,
9-19 Vernon's Texas Civil Statutes), is amended by adding Sections
9-20 2.17-2.25 to read as follows:
9-21 Sec. 2.17. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
9-22 commission is subject to the open meetings law, Chapter 551,
9-23 Government Code, and the administrative procedure law, Chapter
9-24 2001, Government Code.
9-25 Sec. 2.18. ANNUAL ACCOUNTING. The commission shall prepare
9-26 annually a complete and detailed written report accounting for all
9-27 funds received and disbursed by the commission during the preceding
10-1 fiscal year. The annual report must meet the reporting
10-2 requirements applicable to financial reporting provided in the
10-3 General Appropriations Act.
10-4 Sec. 2.19. FUNDS PAID TO COMMISSION. All money paid to the
10-5 commission under this Act is subject to Subchapter F, Chapter 404,
10-6 Government Code.
10-7 Sec. 2.20. EMPLOYMENT PRACTICES. (a) The executive
10-8 secretary or the executive secretary's designee shall develop an
10-9 intra-agency career ladder program that addresses opportunities for
10-10 mobility and advancement for employees within the commission. The
10-11 program shall require intra-agency posting of all positions
10-12 concurrently with any public posting.
10-13 (b) The executive secretary or the executive secretary's
10-14 designee shall develop a system of annual performance evaluations
10-15 that are based on documented employee performance. All merit pay
10-16 for commission employees must be based on the system established
10-17 under this subsection.
10-18 (c) The executive secretary or the executive secretary's
10-19 designee shall prepare and maintain a written policy statement to
10-20 assure implementation of a program of equal employment opportunity
10-21 under which all personnel transactions are made without regard to
10-22 race, color, disability, sex, religion, age, or national origin.
10-23 The policy statement must include:
10-24 (1) personnel policies, including policies relating to
10-25 recruitment, evaluation, selection, appointment, training, and
10-26 promotion of personnel that are in compliance with the requirements
10-27 of Chapter 21, Labor Code;
11-1 (2) a comprehensive analysis of the commission
11-2 workforce that meets federal and state guidelines;
11-3 (3) procedures by which a determination can be made
11-4 about the extent of underuse in the commission workforce of all
11-5 persons for whom federal or state guidelines encourage a more
11-6 equitable balance; and
11-7 (4) reasonable methods to appropriately address those
11-8 areas of underuse.
11-9 (d) A policy statement prepared under Subsection (c) of this
11-10 section must cover an annual period, be updated annually and
11-11 reviewed by the Texas Commission on Human Rights for compliance
11-12 with Subsection (c)(1) of this section, and be filed with the
11-13 governor's office.
11-14 (e) The governor's office shall deliver a biennial report to
11-15 the legislature based on the information received under Subsection
11-16 (d) of this section. The report may be made separately or as a
11-17 part of other biennial reports made to the legislature.
11-18 Sec. 2.21. STANDARDS OF CONDUCT. The executive secretary or
11-19 the executive secretary's designee shall provide to members of the
11-20 commission and to agency employees, as often as necessary,
11-21 information regarding their qualification for office or employment
11-22 under this Act and their responsibilities under applicable laws
11-23 relating to standards of conduct for state officers or employees.
11-24 Sec. 2.22. DIVISION OF RESPONSIBILITY. The commission
11-25 shall, by rule, develop and implement policies that clearly
11-26 separate the policymaking responsibilities of the commission and
11-27 the management responsibilities of the executive secretary and the
12-1 staff of the commission.
12-2 Sec. 2.23. PROGRAM AND FACILITY ACCESSIBILITY. The
12-3 commission shall comply with federal and state laws related to
12-4 program and facility accessibility. The executive secretary shall
12-5 also prepare and maintain a written plan that describes how a
12-6 person who does not speak English can be provided reasonable access
12-7 to the commission's programs and services.
12-8 Sec. 2.24. INFORMATION TO PUBLIC. (a) The commission shall
12-9 prepare information of public interest describing the functions of
12-10 the commission and the procedures by which complaints are filed
12-11 with and resolved by the commission. The commission shall make the
12-12 information available to the public and appropriate state agencies.
12-13 (b) The commission by rule shall establish methods by which
12-14 racetrack patrons are notified of the name, mailing address, and
12-15 telephone number of the commission for the purpose of directing
12-16 complaints to the commission. The commission may provide for that
12-17 notification:
12-18 (1) on every race performance program provided by each
12-19 racetrack association; or
12-20 (2) on signs prominently displayed in the common
12-21 public areas on the premises of each racetrack association.
12-22 Sec. 2.25. COMPLAINT HANDLING. (a) The commission shall
12-23 keep information about each complaint filed with the commission.
12-24 The information shall include:
12-25 (1) the date the complaint is received;
12-26 (2) the name of the complainant;
12-27 (3) the subject matter of the complaint;
13-1 (4) a record of all persons contacted in relation to
13-2 the complaint;
13-3 (5) a summary of the results of the review or
13-4 investigation of the complaint; and
13-5 (6) for complaints for which the agency took no
13-6 action, an explanation of the reason the complaint was closed
13-7 without action.
13-8 (b) The commission shall keep a file about each written
13-9 complaint filed with the commission that the agency has authority
13-10 to resolve. The commission shall provide to the person filing the
13-11 complaint and the persons or entities complained about the
13-12 commission's policies and procedures pertaining to complaint
13-13 investigation and resolution. The commission, at least quarterly
13-14 and until final disposition of the complaint, shall notify the
13-15 person filing the complaint and the persons or entities complained
13-16 about of the status of the complaint unless the notice would
13-17 jeopardize an undercover investigation.
13-18 SECTION 10. Section 3.02, Texas Racing Act (Article 179e,
13-19 Vernon's Texas Civil Statutes), is amended to read as follows:
13-20 Sec. 3.02. Regulation and supervision. (a) The <In
13-21 accordance with Section 3.01 of this Act, the> commission shall
13-22 regulate and supervise every race meeting in this state involving
13-23 wagering on the result of greyhound or horse racing. All persons
13-24 and things relating to the operation of those meetings are subject
13-25 to regulation and supervision by the commission. The commission
13-26 shall adopt rules for conducting greyhound or horse racing in this
13-27 state involving wagering and shall adopt other rules to administer
14-1 this Act that are consistent with this Act. The commission shall
14-2 also make rules, issue licenses, and take any other necessary
14-3 action relating exclusively to horse racing or to greyhound racing.
14-4 A majority vote of the members of the commission is necessary for
14-5 any commission decision.
14-6 (b) The commission may establish separate sections to review
14-7 or propose rules of the commission.
14-8 (c) The commission or a section of the commission shall hold
14-9 a meeting on any proposed rule before the commission publishes the
14-10 proposed rule in the Texas Register.
14-11 (d) The commission shall post notice of a meeting under
14-12 Subsection (c) of this section at each racetrack facility. The
14-13 notice shall include an agenda of the meeting and a summary of the
14-14 proposed rule.
14-15 (e) A copy of a proposed rule published in the Texas
14-16 Register shall also be posted concurrently at each racetrack
14-17 facility.
14-18 (f) The commission or a section of the commission may
14-19 appoint a committee of experts, members of the public, or other
14-20 interested parties to advise the commission or section of the
14-21 commission about a proposed rule of the commission.
14-22 (g) The commission, in adopting rules and in the supervision
14-23 and conduct of racing, shall consider the effect of a proposed
14-24 commission action on the state's agricultural, horse breeding,
14-25 horse training, greyhound breeding, and greyhound training
14-26 industry.
14-27 SECTION 11. Section 3.021, Texas Racing Act (Article 179e,
15-1 Vernon's Texas Civil Statutes), is amended by amending Subsection
15-2 (b) and adding Subsection (d) to read as follows:
15-3 (b) To protect the health, safety, and welfare of race
15-4 animals and participants in racing, to safeguard the interest of
15-5 the general public, and to promote the orderly <growth and> conduct
15-6 of racing within the state, the commission may adopt rules for the
15-7 licensing and regulation of races and workouts at racetracks that
15-8 do not offer pari-mutuel wagering and for workouts at training
15-9 facilities to secure past performances and workouts.
15-10 (d) The commission may not adopt rules restricting
15-11 competitive bidding or advertising by a licensee except to prohibit
15-12 false, misleading, or deceptive practices. In its rules to
15-13 prohibit false, misleading, or deceptive practices, the commission
15-14 may not include a rule that:
15-15 (1) restricts the use of any medium for advertising;
15-16 (2) restricts the use of a licensee's personal
15-17 appearance or voice in an advertisement;
15-18 (3) relates to the size or duration of an
15-19 advertisement by the licensee; or
15-20 (4) restricts the licensee's advertisement under a
15-21 trade name.
15-22 SECTION 12. Section 3.03, Texas Racing Act (Article 179e,
15-23 Vernon's Texas Civil Statutes), is amended to read as follows:
15-24 Sec. 3.03. Power of entry. A member of the commission, an
15-25 authorized agent of the commission, a commissioned officer of the
15-26 Department of Public Safety, or a peace officer of the local
15-27 jurisdiction in which the association maintains a place of business
16-1 may enter any part of the racetrack facility <the office,
16-2 racetrack,> or any other place of business of an association at any
16-3 time for the purpose of enforcing and administering this Act.
16-4 SECTION 13. Section 3.07(a), Texas Racing Act (Article 179e,
16-5 Vernon's Texas Civil Statutes), is amended to read as follows:
16-6 (a) The commission shall employ all of the judges and all of
16-7 the stewards for the supervision of a horse race or greyhound race
16-8 meeting. Each horse race or greyhound race meeting shall be
16-9 supervised by three stewards <approved by the commission> for horse
16-10 racing or by three judges <approved by the commission> for
16-11 greyhound racing. Before each race meeting, the commission shall
16-12 publish a list of stewards and judges approved by the commission
16-13 and who are eligible to serve at the race meeting. The commission
16-14 shall forward the list to the association holding the race meeting
16-15 and shall give the association an opportunity to review and comment
16-16 on the list. The commission, after review of the association's
16-17 comments and after consultation with the association, shall
16-18 designate the stewards or judges and shall designate one of the
16-19 stewards or judges as the presiding steward or judge for each race
16-20 meeting. <The commission shall employ one of the stewards who
16-21 supervises a horse race meeting who shall be the presiding steward.
16-22 The other stewards at the race meeting shall be compensated by the
16-23 association. The commission shall employ one of the judges who
16-24 supervises a greyhound race meeting who shall be the presiding
16-25 judge; the other judges at such a race meeting shall be compensated
16-26 by the association.> For each race meeting, the commission shall
16-27 employ <appoint> at least one state veterinarian <who shall be
17-1 compensated by the commission>. <The commission by rule shall
17-2 determine the amount of compensation for stewards, judges, and
17-3 state veterinarians who are required to be compensated by the
17-4 commission.> The commission may, by rule, impose a fee on an
17-5 association to offset the costs of compensating the <racetrack>
17-6 stewards, judges, and state veterinarians <for that association>.
17-7 The amount of the fee for the compensation of stewards, judges, and
17-8 state veterinarians must be reasonable according to industry
17-9 standards for the compensation of those officials at other
17-10 racetracks and may not exceed the actual cost to the commission for
17-11 compensating the officials. All other racetrack officials shall be
17-12 appointed by the association, with the approval of the commission.
17-13 Compensation for those officials not compensated by the commission
17-14 shall be determined by the association.
17-15 SECTION 14. Section 3.08, Texas Racing Act (Article 179e,
17-16 Vernon's Texas Civil Statutes), is amended to read as follows:
17-17 Sec. 3.08. APPEAL FROM DECISION OF STEWARDS OR JUDGES. A
17-18 <(a) Except as provided by Subsection (b) of this section, a final
17-19 decision of the stewards or judges may be appealed to the
17-20 commission in the manner provided for a contested case under the
17-21 Administrative Procedure and Texas Register Act (Article 6252-13a,
17-22 Vernon's Texas Civil Statutes).>
17-23 <(b) In determining the distribution to holders of winning
17-24 tickets in a pari-mutuel pool, a> decision of the stewards or
17-25 judges on a disqualification for a foul in a race or on a finding
17-26 of fact regarding the running of a race is final and may not be
17-27 appealed.
18-1 SECTION 15. Section 3.09, Texas Racing Act (Article 179e,
18-2 Vernon's Texas Civil Statutes), is amended by amending Subsection
18-3 (b) and adding Subsection (c) to read as follows:
18-4 (b) The commission shall deposit the money it collects under
18-5 this Act in the State Treasury to the credit of a special fund to
18-6 be known as the Texas Racing Commission fund. The Texas Racing
18-7 Commission fund may be appropriated only for the administration and
18-8 enforcement of this Act. Any unappropriated money remaining in
18-9 that special fund at the close of each fiscal biennium shall be
18-10 transferred to the General Revenue Fund and may be appropriated for
18-11 any legal purpose. The legislature may also appropriate money from
18-12 the General Revenue Fund for the administration and enforcement of
18-13 this Act.
18-14 (c) Any amount of general revenue appropriated for the
18-15 administration and enforcement of this Act in excess of the
18-16 cumulative amount deposited in the Texas Racing Commission fund
18-17 shall be reimbursed from the Texas Racing Commission fund. The
18-18 rate of interest on any appropriated amount the commission is
18-19 required to repay to the General Revenue Fund is <not later than
18-20 one year after the date on which the general revenue funds are
18-21 appropriated, with 12 percent interest per year until August 31,
18-22 1993, and> 6-3/4 percent interest per year <thereafter> with all
18-23 payments first attributable to interest. The commission shall,
18-24 each year, repay to the General Revenue Fund an amount designated
18-25 in the appropriations act covering the year the repayment is to be
18-26 made. The comptroller shall, each year, credit to the repayment to
18-27 the General Revenue Fund an amount equal to 20 percent of the state
19-1 tax revenue generated by horse or greyhound racing during the
19-2 previous year. This credit may be combined with any other
19-3 repayment to comply with the requirements of this subsection.
19-4 SECTION 16. Article 3, Texas Racing Act (Article 179e,
19-5 Vernon's Texas Civil Statutes), is amended by adding Sections
19-6 3.13-3.16 to read as follows:
19-7 Sec. 3.13. RECOGNITION OF ORGANIZATION. (a) The commission
19-8 by rule shall adopt criteria to recognize an organization to
19-9 represent members of a segment of the racing industry, including
19-10 owners, breeders, trainers, kennel operators, or other persons
19-11 involved in the racing industry, in any interaction between the
19-12 members of the organization and a racetrack facility or the
19-13 commission.
19-14 (b) The commission may recognize an organization that meets
19-15 the requirements of Subsection (a) of this section.
19-16 Sec. 3.14. DISCIPLINARY ACTIONS. The commission shall
19-17 revoke, suspend, or refuse to renew a license, place on probation a
19-18 person whose license has been suspended, or reprimand a licensee
19-19 for a violation of this Act or a rule of the commission. If a
19-20 license suspension is probated, the commission may require the
19-21 licensee to report regularly to the commission on matters that are
19-22 the basis of the probation.
19-23 Sec. 3.15. HEARING REQUIREMENTS. If the commission proposes
19-24 to suspend, revoke, or refuse to renew a person's license, the
19-25 person is entitled to a hearing conducted by the State Office of
19-26 Administrative Hearings. Proceedings for a disciplinary action,
19-27 other than those conducted by racing stewards or judges, are
20-1 governed by the administrative procedure law, Chapter 2001,
20-2 Government Code. Rules of practice adopted by the commission under
20-3 Section 2001.004, Government Code, applicable to the proceedings
20-4 for a disciplinary action, other than those conducted by racing
20-5 stewards or judges, may not conflict with rules adopted by the
20-6 State Office of Administrative Hearings.
20-7 Sec. 3.16. RULES RELATING TO UNLAWFUL INFLUENCES ON RACING.
20-8 (a) The commission shall adopt rules prohibiting a person from
20-9 unlawfully influencing or affecting the outcome of a race,
20-10 including rules relating to the use of a prohibited device or
20-11 substance.
20-12 (b) The commission may require prerace testing and shall
20-13 require postrace testing to determine whether a prohibited
20-14 substance has been used. The testing may be by an invasive or
20-15 noninvasive method. The commission's rules shall require
20-16 state-of-the-art testing methods.
20-17 (c) Following the discovery of a prohibited device or a
20-18 return of a test showing the presence of a prohibited substance, a
20-19 steward or judge may summarily suspend a person who has used or
20-20 administered the prohibited device or substance until a hearing
20-21 before the stewards and judges. The steward or judge may also
20-22 disqualify an animal pursuant to a commission rule adopted under
20-23 this section.
20-24 (d) A person may appeal a ruling of the stewards or judges
20-25 to the commission. The commission may stay a summary suspension
20-26 during the period the matter is before the commission.
20-27 (e) The commission may require urine samples to be frozen
21-1 for a period necessary to allow any follow-up testing to detect and
21-2 identify a prohibited substance. Any other specimen shall be
21-3 maintained for testing purposes in a manner required by commission
21-4 rule.
21-5 (f) If a test sample or specimen shows the presence of a
21-6 prohibited substance, the entire sample, including any split
21-7 portion, shall be maintained until final disposition of the matter.
21-8 (g) A license holder whose animal test shows the presence of
21-9 a prohibited substance is entitled to have a split portion of the
21-10 test sample or specimen tested at a testing facility authorized to
21-11 perform drug testing under this Act and selected by the license
21-12 holder. The commission shall adopt rules relating to split testing
21-13 procedures.
21-14 (h) The licensed trainer of each animal is responsible for
21-15 ensuring that no prohibited substance is administered to the
21-16 animal.
21-17 (i) The commission shall adopt rules relating to the drug
21-18 testing of license holders.
21-19 (j) A person who violates a rule adopted under this section
21-20 may:
21-21 (1) have any license issued to the person by the
21-22 commission revoked or suspended; or
21-23 (2) be barred for life or any other period from
21-24 applying for or receiving a license issued by the commission or
21-25 entering any portion of a racetrack facility.
21-26 SECTION 17. Section 5.01(a), Texas Racing Act (Article 179e,
21-27 Vernon's Texas Civil Statutes), is amended to read as follows:
22-1 (a) The commission shall prescribe forms for applications
22-2 for licenses and shall provide each occupational licensee with a
22-3 license certificate or credentials.
22-4 SECTION 18. Sections 5.03(a) and (b), Texas Racing Act
22-5 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
22-6 as follows:
22-7 (a) The commission may promulgate rules that require an <An>
22-8 applicant for any license under this Act to <must> submit to the
22-9 commission a complete set of fingerprints of the individual natural
22-10 person applying for the license or, if the applicant is not an
22-11 individual natural person, a complete set of fingerprints of each
22-12 officer or director and of each person owning an interest of at
22-13 least five percent in the applicant. <The Department of Public
22-14 Safety may request any person owning any interest in an applicant
22-15 to submit a complete set of fingerprints.>
22-16 (b) If a complete set of fingerprints is required by the
22-17 commission, the <The> commission shall, not later than the next day
22-18 after receiving the prints, forward the prints to the Department of
22-19 Public Safety or the Federal Bureau of Investigation. If the
22-20 prints are forwarded to the Department of Public Safety, the <The>
22-21 department shall classify the prints and check them against its
22-22 fingerprint files and shall report to the commission its findings
22-23 concerning the criminal record of the applicant or the lack of such
22-24 a record. A racetrack license may not be issued until the report
22-25 is made to the commission. A temporary occupational license may be
22-26 issued before a report is made to the commission.
22-27 SECTION 19. Article 5, Texas Racing Act (Article 179e,
23-1 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
23-2 to read as follows:
23-3 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
23-4 commission shall, in determining the amount of a license fee, set
23-5 the fee in an amount that will cover, at least, the cost of
23-6 conducting a criminal history check on the applicant for a license.
23-7 (b) The commission shall reimburse the Department of Public
23-8 Safety for the cost of conducting a criminal history check under
23-9 this article.
23-10 SECTION 20. Section 6.01, Texas Racing Act (Article 179e,
23-11 Vernon's Texas Civil Statutes), is amended to read as follows:
23-12 Sec. 6.01. License required. A person shall not conduct
23-13 wagering on a greyhound race <meeting> or a horse race meeting
23-14 without first obtaining a racetrack license from the commission
23-15 <with wagering on the results without a racetrack license>. A
23-16 person who violates this section commits an offense.
23-17 SECTION 21. Section 6.02(d), Texas Racing Act (Article 179e,
23-18 Vernon's Texas Civil Statutes), is amended to read as follows:
23-19 (d) A class 3 racetrack is a racetrack operated by a city,
23-20 county, or a nonprofit fair under Article 12 of this Act. An
23-21 association that holds a class 3 racetrack license and that
23-22 conducted horse races in 1986 may conduct live races for a number
23-23 of days not to exceed 16 days in a calendar year on the dates
23-24 selected by the association.
23-25 SECTION 22. Section 6.04(a), Texas Racing Act (Article 179e,
23-26 Vernon's Texas Civil Statutes), is amended to read as follows:
23-27 (a) The commission may issue a racetrack license to a
24-1 qualified person if it finds that the conduct of race meetings at
24-2 the proposed track and location will be in the public interest,
24-3 complies with all zoning laws, and complies with this Act and the
24-4 rules adopted by the commission and if the commission finds by
24-5 clear and convincing evidence that the applicant will comply with
24-6 all criminal laws of this state. In determining whether to grant
24-7 or deny an application for any class of racetrack license, the
24-8 commission may consider <the degree to which any of> the following
24-9 factors <regarding the applicant's racetrack or proposed race
24-10 meeting serve to nurture, promote, develop, or improve the horse or
24-11 greyhound industry in this state>:
24-12 (1) the applicant's financial stability;
24-13 (2) the applicant's resources for supplementing the
24-14 purses for races for various breeds;
24-15 (3) the location of the proposed track;
24-16 (4) the effect of the proposed track on traffic flow;
24-17 (5) facilities for patrons and occupational licensees;
24-18 (6) facilities for race animals;
24-19 (7) availability to the track of support services and
24-20 emergency services;
24-21 (8) the experience of the applicant's employees;
24-22 (9) the potential for conflict with other licensed
24-23 race meetings;
24-24 (10) the anticipated effect of the race meeting on the
24-25 greyhound or horse breeding industry in this state; and
24-26 (11) the anticipated effect of the race meeting on the
24-27 state and local economy from tourism, increased employment, and
25-1 other sources.
25-2 SECTION 23. Sections 6.06(a), (b), (e), and (f), Texas
25-3 Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
25-4 amended to read as follows:
25-5 (a) To preserve and protect the public health, welfare, and
25-6 safety, the commission shall adopt rules relating to license
25-7 applications, <renewal applications,> the financial responsibility,
25-8 moral character, and ability of applicants, and all matters
25-9 relating to the planning, construction, and operation of
25-10 racetracks. The commission may refuse to issue a <an original or
25-11 renewal> racetrack license or may revoke or suspend a license if,
25-12 after notice and hearing, it has reasonable grounds to believe and
25-13 finds that:
25-14 (1) the applicant has been convicted in a court of
25-15 competent jurisdiction of a violation of this Act or any rule
25-16 adopted by the commission or that the applicant has aided, abetted,
25-17 or conspired with any person to commit such a violation;
25-18 (2) the applicant has been convicted of a felony or of
25-19 any crime involving moral turpitude, including convictions for
25-20 which the punishment received was a suspended sentence, probation,
25-21 or a nonadjudicated conviction, that is reasonably related to the
25-22 applicant's present fitness to hold a license under this Act;
25-23 (3) the applicant has violated or has caused to be
25-24 violated this Act or a rule of the commission in a manner that
25-25 involves moral turpitude, as distinguished from a technical
25-26 violation of this Act or of a rule;
25-27 (4) the applicant is unqualified, by experience or
26-1 otherwise, to perform the duties required of a licensee under this
26-2 Act;
26-3 (5) the applicant failed to answer or falsely or
26-4 incorrectly answered a question in an original or renewal
26-5 application;
26-6 (6) the applicant fails to disclose the true ownership
26-7 or interest in a greyhound or horse as required by the rules of the
26-8 commission;
26-9 (7) the applicant is indebted to the state for any
26-10 fees or for the payment of a penalty imposed by this Act or by a
26-11 rule of the commission;
26-12 (8) the applicant is not of good moral character or
26-13 the applicant's reputation as a peaceable, law-abiding citizen in
26-14 the community where the applicant resides is bad;
26-15 (9) the applicant has not yet attained the minimum age
26-16 necessary to purchase alcoholic beverages in this state;
26-17 (10) the applicant is in the habit of using alcoholic
26-18 beverages to an excess or uses a controlled substance as defined in
26-19 Chapter 481, Health and Safety Code, or a dangerous drug as defined
26-20 in Chapter 483, Health and Safety Code or is mentally
26-21 incapacitated;
26-22 (11) the applicant may be excluded from a track
26-23 enclosure under Article 13 or 14 of this Act;
26-24 (12) the applicant has not been a United States
26-25 citizen residing in this state for the period of 10 consecutive
26-26 years immediately preceding the filing of the application;
26-27 (13) the applicant has improperly used a license
27-1 certificate, credential, or identification card issued under this
27-2 Act;
27-3 (14) the applicant is residentially domiciled with a
27-4 person whose license has been revoked for cause within the 12
27-5 months immediately preceding the date of the present application;
27-6 (15) the applicant has failed or refused to furnish a
27-7 true copy of the application to the commission's district office in
27-8 the district in which the premises for which the permit is sought
27-9 are located; <or>
27-10 (16) the applicant is engaged or has engaged in
27-11 activities or practices that the commission finds are detrimental
27-12 to the best interests of the public and the sport of greyhound
27-13 racing or horse racing; or
27-14 (17) the applicant fails to fully disclose the true
27-15 owners of all interests, beneficial or otherwise, in a proposed
27-16 racetrack facility.
27-17 (b) Subsection (a) of this section applies to a corporation,
27-18 partnership, limited partnership, or any other organization or
27-19 group whose application is comprised of more than one person if a
27-20 shareholder, partner, limited partner <if any>, director, or
27-21 officer is disqualified under Subsection (a) of this section.
27-22 (e) The <appropriate section of the> commission may
27-23 condition the issuance of a license under this article on the
27-24 observance of its rules. The commission may amend the rules at any
27-25 time and may condition the continued holding of the license on
27-26 compliance with the rules as amended.
27-27 (f) The <appropriate section of the> commission may refuse
28-1 to issue a license or may suspend or revoke a license of a licensee
28-2 under this article who knowingly or intentionally allows access to
28-3 an enclosure where greyhound races or horse races are conducted to
28-4 a person who has engaged in bookmaking, touting, or illegal
28-5 wagering, whose income is from illegal activities or enterprises,
28-6 or who has been convicted of a violation of this Act.
28-7 SECTION 24. Section 6.06, Texas Racing Act (Article 179e,
28-8 Vernon's Texas Civil Statutes), is amended by adding Subsection (i)
28-9 to read as follows:
28-10 (i) Subsections (a)(12), (c), and (d) of this section do not
28-11 apply to an applicant for or the holder of a racetrack license if
28-12 the applicant, the license holder, or the license holder's parent
28-13 company is a publicly traded company and the license applied for or
28-14 held is for the operation of a racetrack facility that is within
28-15 100 miles of the border of the United Mexican States.
28-16 SECTION 25. Article 6, Texas Racing Act (Article 179e,
28-17 Vernon's Texas Civil Statutes), is amended by adding Sections 6.061
28-18 and 6.062 to read as follows:
28-19 Sec. 6.061. REGULATION OF INAPPROPRIATE OR UNSAFE
28-20 CONDITIONS. (a) The commission shall adopt rules implementing
28-21 this section, including rules:
28-22 (1) requiring the report of and correction of:
28-23 (A) an inappropriate condition on the premises
28-24 of a racetrack facility, including a failure to properly maintain
28-25 the facility, that interferes with the administration of this Act;
28-26 or
28-27 (B) a condition on the premises of a racetrack
29-1 facility that makes the facility unsafe for a race participant,
29-2 patron, or animal; and
29-3 (2) determining the methods and manner in which the
29-4 executive secretary may determine and remedy inappropriate
29-5 conditions or unsafe facilities on the premises of a racetrack
29-6 facility, including the methods and manner in which the executive
29-7 secretary may conduct inspections of the racetrack facility and
29-8 remedy emergency situations.
29-9 (b) The executive secretary shall issue a notice of
29-10 violation to a racetrack facility on a finding that an
29-11 inappropriate or unsafe condition exists.
29-12 (c) If the executive secretary determines that an
29-13 inappropriate or unsafe condition exists at the racetrack facility,
29-14 the executive secretary shall order the racetrack facility to take
29-15 action within a specified period to remedy the inappropriate
29-16 condition or unsafe condition. In determining the period for
29-17 compliance, the executive secretary shall consider the nature and
29-18 severity of the problem and the threat to the health, safety, and
29-19 welfare of the race participants, patrons, or animals.
29-20 (d) The commission shall adopt rules requiring the reporting
29-21 of any corrective action taken by a racetrack facility in response
29-22 to an order of the executive secretary under Subsection (c) of this
29-23 section.
29-24 (e) If a racetrack facility fails to take any action as
29-25 required under Subsection (c) of this section, the executive
29-26 secretary shall initiate an enforcement action against the
29-27 racetrack facility. The executive secretary may rescind any live
30-1 or simulcast race date of any racetrack association that does not
30-2 take corrective action within the period set by the executive
30-3 secretary.
30-4 (f) The commission shall adopt rules relating to the
30-5 commission's review of an action taken under this section by the
30-6 executive secretary. A review procedure adopted under this
30-7 subsection must be consistent with Chapter 2001, Government Code.
30-8 Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The
30-9 commission shall adopt a method of supervising and approving the
30-10 construction, renovation, or maintenance of any building or
30-11 improvement on the premises of a racetrack facility.
30-12 (b) The commission shall adopt rules relating to:
30-13 (1) the approval of plans and specifications;
30-14 (2) the contents of plans and specifications;
30-15 (3) the maintenance of records to ensure compliance
30-16 with approved plans and specifications;
30-17 (4) the content and filing of construction progress
30-18 reports by the racetrack facility to the commission;
30-19 (5) the inspection by the commission or others;
30-20 (6) the method for making a change or amendment to an
30-21 approved plan or specification; and
30-22 (7) any other method of supervision or oversight
30-23 necessary.
30-24 (c) If the commission has grounds to believe that an
30-25 association has failed to comply with the requirements of this
30-26 section, a representative of the association shall appear before
30-27 the commission, at a public hearing, to consider the issue of
31-1 compliance with the rules adopted under this section.
31-2 (d) Before a building or improvement may be used by the
31-3 association, the commission shall determine whether the
31-4 construction, renovation, or maintenance of the building or
31-5 improvement was completed in accordance with the approved plans and
31-6 specifications and whether other requirements of the commission
31-7 were met.
31-8 (e) If the commission determines that the association failed
31-9 to comply with a requirement of this section or rule adopted under
31-10 this section, the commission shall initiate an enforcement action
31-11 against the association. In addition to any other authorized
31-12 enforcement action, the commission may rescind any live or
31-13 simulcast race date of any association that has failed to comply
31-14 with the requirement of this section.
31-15 SECTION 26. Section 6.08(l), Texas Racing Act (Article 179e,
31-16 Vernon's Texas Civil Statutes), is amended to read as follows:
31-17 (l) An association may not make a deduction or withhold any
31-18 percentage of a purse from the account into which the purse paid to
31-19 a horse owner is deposited for membership payments, dues,
31-20 assessments, or any other payments to any <an> organization except
31-21 an organization of the horse owner's choice recognized by the
31-22 commission as an official representative of the horsemen licensed
31-23 by the commission.
31-24 SECTION 27. Article 6, Texas Racing Act (Article 179e,
31-25 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
31-26 to read as follows:
31-27 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
32-1 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
32-2 monitoring, and auditing requirements or other appropriate
32-3 performance measures for any funds distributed to or used by or any
32-4 function or service provided by the expenditure of any funds
32-5 distributed to or used by any organization that receives funds
32-6 generated by live or simulcast pari-mutuel racing.
32-7 (b) The commission shall adopt the requirements or
32-8 performance measures after consultation with the affected
32-9 organization. In adopting the rules, the commission shall give
32-10 consideration to the concerns of the affected organization.
32-11 (c) An independent audit shall be conducted annually of an
32-12 organization receiving funds generated by live or simulcast
32-13 pari-mutuel racing. A copy of the report shall be sent to the
32-14 commission. The audit shall include a verification of any
32-15 performance report sent to or required by the commission.
32-16 (d) The commission may review any records or books of an
32-17 organization that submits an independent audit to the commission as
32-18 the commission determines necessary to confirm or further
32-19 investigate the findings of an audit or report.
32-20 (e) The commission by rule may suspend or withhold funds
32-21 from an organization that:
32-22 (1) it determines has failed to comply with the
32-23 requirements or performance measures adopted under Subsection (a)
32-24 of this section; or
32-25 (2) has, following an independent audit or other
32-26 report to the commission, material questions raised on the use of
32-27 funds by the organization.
33-1 SECTION 28. Section 6.17(a), Texas Racing Act (Article 179e,
33-2 Vernon's Texas Civil Statutes), is amended to read as follows:
33-3 (a) A commissioners court may collect a fee not to exceed 15
33-4 cents as an admission fee to a licensed racetrack located within
33-5 the county. If the racetrack is located within an incorporated
33-6 city or town, the governing body of the city or town may collect a
33-7 fee not to exceed 15 cents as an admission fee to a licensed
33-8 racetrack located within the city or town. If the racetrack is not
33-9 located within an incorporated city or town, the court may collect
33-10 an additional fee not to exceed 15 cents as an admission fee to a
33-11 licensed racetrack located within the county for allocation among
33-12 the incorporated cities or towns in the county. If the racetrack
33-13 is not located in an incorporated city or town, the court shall
33-14 collect the additional fee if requested to do so by the governing
33-15 bodies of a majority of the incorporated cities and towns in the
33-16 county. Allocation of the fees shall be based on the population
33-17 within the county of the cities or towns. An admission fee may not
33-18 be charged for the admission to the racetrack of any person
33-19 licensed by the commission.
33-20 SECTION 29. Section 7.01, Texas Racing Act (Article 179e,
33-21 Vernon's Texas Civil Statutes), is amended to read as follows:
33-22 Sec. 7.01. License required. A person shall not participate
33-23 in racing with pari-mutuel wagering <as regulated by this Act>
33-24 without first obtaining a license from the commission. <A person
33-25 who violates this section commits an offense.>
33-26 SECTION 30. Section 7.02, Texas Racing Act (Article 179e,
33-27 Vernon's Texas Civil Statutes), is amended by amending Subsection
34-1 (a) and by adding Subsections (c) and (d) to read as follows:
34-2 (a) Each person, other than a spectator or person placing a
34-3 wager, involved in any capacity with racing with pari-mutuel
34-4 wagering under<, other than as a spectator, as regulated by> this
34-5 Act<,> must obtain a license under this article. <A person who
34-6 violates this subsection commits an offense.>
34-7 (c) If an examination is required for the issuance of a
34-8 license under this article, not later than the 30th day after the
34-9 day on which a licensing examination is administered under this
34-10 Act, the commission shall notify each examinee of the results of
34-11 the examination.
34-12 (d) If requested in writing by a person who fails a
34-13 licensing examination administered under this Act, the commission
34-14 shall furnish the person with an analysis of the person's
34-15 performance on the examination.
34-16 SECTION 31. Section 7.04, Texas Racing Act (Article 179e,
34-17 Vernon's Texas Civil Statutes), is amended to read as follows:
34-18 Sec. 7.04. Licenses; grounds for denial, revocation, and
34-19 suspension. The commission, after notice and hearing, may refuse
34-20 to issue any original or renewal license under this article or may
34-21 revoke or suspend the license if it has reasonable grounds to
34-22 believe and finds that:
34-23 (1) the applicant has been convicted in a court of
34-24 competent jurisdiction of a violation of this Act or of any rule
34-25 adopted by the commission or has aided, abetted, or conspired with
34-26 any person to commit such a violation;
34-27 (2) the applicant has been convicted of a felony or of
35-1 any crime involving moral turpitude that is reasonably related to
35-2 the applicant's present fitness to hold a license under this Act;
35-3 (3) the applicant has violated or has caused to be
35-4 violated this Act or a rule of the commission in a manner that
35-5 involves moral turpitude, as distinguished from a technical
35-6 violation of this Act or of a rule;
35-7 (4) the applicant is unqualified, by experience or
35-8 otherwise, to perform the duties required of a licensee under this
35-9 Act;
35-10 (5) the applicant failed to answer or has falsely or
35-11 incorrectly answered a question in an original or renewal
35-12 application;
35-13 (6) the applicant fails to disclose the true ownership
35-14 or interest in a greyhound or horse as required by the rules of the
35-15 commission;
35-16 (7) the applicant is indebted to the state for any
35-17 fees or for the payment of a penalty imposed by this Act or by a
35-18 rule of the commission;
35-19 (8) the applicant is not of good moral character or
35-20 the applicant's reputation as a peaceable, law-abiding citizen in
35-21 the community where the applicant resides is bad;
35-22 (9) the applicant is in the habit of using alcoholic
35-23 beverages to an excess or uses a controlled substance as defined in
35-24 Chapter 481, Health and Safety Code, or a dangerous drug as defined
35-25 in Chapter 483, Health and Safety Code or is mentally
35-26 incapacitated;
35-27 (10) the applicant may be excluded from a track
36-1 enclosure under Article 13 or 14 of this Act;
36-2 (11) the commission determines that the applicant has
36-3 improperly used a temporary pass, license certificate, credential,
36-4 or identification card issued under this Act;
36-5 (12) the applicant is residentially domiciled with a
36-6 person whose license has been revoked for cause within the 12
36-7 months immediately preceding the date of the present application;
36-8 (13) the applicant has failed or refused to furnish a
36-9 true copy of the application to the commission's district office in
36-10 the district in which the premises for which the permit is sought
36-11 are located; or
36-12 (14) the applicant is engaged or has engaged in
36-13 activities or practices that are detrimental to the best interests
36-14 of the public and the sport of horse racing or greyhound racing.
36-15 SECTION 32. Section 7.05, Texas Racing Act (Article 179e,
36-16 Vernon's Texas Civil Statutes), is amended to read as follows:
36-17 Sec. 7.05. License fees. (a) The commission shall adopt by
36-18 rule a fee schedule for licenses issued under this article.
36-19 (b) The commission shall base the license fees on the
36-20 relative or comparative incomes or property interests of the
36-21 various categories of licensees, with the lower income category of
36-22 licensees being charged nearer the minimum fee and the higher
36-23 income category of licensees charged nearer the maximum fee.
36-24 (c) In setting the fee schedule under Subsection (a) of this
36-25 section, the commission shall include the cost of criminal history
36-26 checks determined under Section 5.05 of this Act. The commission
36-27 may determine the best method for recouping this cost and complying
37-1 with the other provisions of this section, including collecting the
37-2 costs over an extended period.
37-3 SECTION 33. Section 7.07, Texas Racing Act (Article 179e,
37-4 Vernon's Texas Civil Statutes), is amended to read as follows:
37-5 Sec. 7.07. Term of license. (a) A license issued under
37-6 this article is valid for a period set by the commission not to
37-7 exceed 36 months following the date of its issuance. It is
37-8 renewable on application and payment of the fee in accordance with
37-9 the rules of the commission.
37-10 (b) The commission by rule may adopt a system under which
37-11 licenses expire on various dates during the year. For the year in
37-12 which the license expiration date is changed, license fees shall be
37-13 prorated on a monthly basis so that each licensee pays only that
37-14 portion of the license fee that is allocable to the number of
37-15 months during which the license is valid. On renewal of the
37-16 license on the new expiration date, the total license renewal fee
37-17 is payable.
37-18 SECTION 34. Article 7, Texas Racing Act (Article 179e,
37-19 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
37-20 to read as follows:
37-21 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
37-22 (a) The commission may waive any prerequisite to obtaining a
37-23 license for an applicant after reviewing the applicant's
37-24 credentials and determining that the applicant holds a valid
37-25 license from another state that has license requirements
37-26 substantially equivalent to those of this state.
37-27 (b) The commission may waive any prerequisite to obtaining a
38-1 license for an applicant with a valid license from another state
38-2 with which the State of Texas has a reciprocity agreement. The
38-3 commission may enter into reciprocal agreements with other states
38-4 to allow for licensing by reciprocity.
38-5 SECTION 35. Section 9.01, Texas Racing Act (Article 179e,
38-6 Vernon's Texas Civil Statutes), is amended to read as follows:
38-7 Sec. 9.01. Texas-bred horses. Subject to this Act and any
38-8 rule of the commission, the <The> state horse breed registries
38-9 shall make reasonable rules to establish the qualifications of
38-10 accredited Texas-bred horses to promote, develop, and improve the
38-11 breeding of horses in this state. Rules adopted by a registry are
38-12 subject to commission approval.
38-13 SECTION 36. Section 10.04, Texas Racing Act (Article 179e,
38-14 Vernon's Texas Civil Statutes), is amended to read as follows:
38-15 Sec. 10.04. Texas-bred greyhounds. Subject to this Act or
38-16 any rule of the commission, the <The> state greyhound breed
38-17 registry shall make reasonable rules to establish the
38-18 qualifications of accredited Texas-bred greyhounds to promote,
38-19 develop, and improve the breeding of greyhounds in this state.
38-20 Rules adopted by the registry are subject to commission approval.
38-21 SECTION 37. Section 11.04(c), Texas Racing Act (Article
38-22 179e, Vernon's Texas Civil Statutes), is amended to read as
38-23 follows:
38-24 (c) The commission shall adopt rules prohibiting an
38-25 association from accepting a wager made on credit and shall adopt
38-26 rules prohibiting automatic banking machines within the enclosure.
38-27 The commission shall prohibit patrons from using automated methods
39-1 for obtaining additional money while the patrons are on the
39-2 premises of the racetrack facility.
39-3 SECTION 38. Section 11.06, Texas Racing Act (Article 179e,
39-4 Vernon's Texas Civil Statutes), is amended to read as follows:
39-5 Sec. 11.06. Minors. <(a)> The commission shall adopt rules
39-6 to prohibit wagering by a minor <prevent wagering by persons who
39-7 have not yet attained the minimum age required to purchase
39-8 alcoholic beverages in this state> and to prohibit <prevent> a
39-9 child <person under 16 years of age> from entering the viewing
39-10 section of a racetrack unless accompanied by the child's <person's>
39-11 parent or guardian. The rules may except any conduct described as
39-12 an affirmative defense by Section 14.14 of this Act <A person who
39-13 intentionally, knowingly, recklessly, or with criminal negligence
39-14 violates a rule adopted under this section commits an offense. An
39-15 offense under this section is a Class B misdemeanor>.
39-16 <(b) A person commits an offense if the person intentionally
39-17 or knowingly engages in gaming at a racetrack when the person has
39-18 not yet attained the minimum age required to purchase alcoholic
39-19 beverages in this state. An offense under this subsection is a
39-20 Class C misdemeanor.>
39-21 SECTION 39. Section 11.09, Texas Racing Act (Article 179e,
39-22 Vernon's Texas Civil Statutes), is amended to read as follows:
39-23 Sec. 11.09. No liability to prosecution. The defense to
39-24 prosecution under Chapter 47, Penal Code, that the conduct was
39-25 authorized under this Act is available only to a person who is:
39-26 (1) <A person> lawfully conducting or participating in
39-27 the conduct of pari-mutuel wagering in connection with horse racing
40-1 or greyhound racing; or
40-2 (2) permitting the lawful conduct of an activity
40-3 described by Subdivision (1) of this section on any racetrack
40-4 facility <on any premises owned or leased by him or it under any
40-5 license lawfully issued under this Act is not liable to prosecution
40-6 for that conduct>.
40-7 SECTION 40. Article 12, Texas Racing Act (Article 179e,
40-8 Vernon's Texas Civil Statutes), is amended by adding Section 12.04
40-9 to read as follows:
40-10 Sec. 12.04. CITY-OPERATED RACETRACK. Subject to the
40-11 licensing requirements and other provisions of this Act, a city
40-12 with a population of 5,000 or more that owned a racetrack facility
40-13 in 1986 may conduct an annual race meeting if the meeting does not
40-14 exceed 16 racing days.
40-15 SECTION 41. Section 13.03, Texas Racing Act (Article 179e,
40-16 Vernon's Texas Civil Statutes), is amended to read as follows:
40-17 Sec. 13.03. CRIMINAL TRESPASS <Entry after ejection>.
40-18 <(a)> A person, for the purposes of Section 30.05, Penal Code, is
40-19 presumed to have received notice that entry to an enclosure was
40-20 forbidden if the person:
40-21 (1) was excluded or ejected from the enclosure under
40-22 this Act;
40-23 (2) possessed, displayed, or used in the enclosure a
40-24 credential that the person was not authorized to use; or
40-25 (3) entered the enclosure using a falsified
40-26 credential. <who has been excluded or ejected from an enclosure
40-27 under this article commits an offense if the person knowingly
41-1 enters an enclosure of the same or another licensed racetrack
41-2 unless the commission or a final judgment of a court has ordered
41-3 that the rule does not apply to the person.>
41-4 <(b) An offense under this section is a Class A misdemeanor.>
41-5 <(c) The provisions of Section 7.22, Penal Code, imposing
41-6 criminal responsibility on a corporation or association for an
41-7 offense committed by its agent apply to conduct constituting an
41-8 offense under this section that is performed by an agent of a
41-9 corporation or association.>
41-10 SECTION 42. Article 14, Texas Racing Act (Article 179e,
41-11 Vernon's Texas Civil Statutes), is amended to read as follows:
41-12 ARTICLE 14. CRIMINAL <TOUTING AND OTHER> OFFENSES
41-13 Sec. 14.01. Touting. (a) A person commits an offense if,
41-14 with an intent to deceive and an intent to obtain a benefit
41-15 <knowing the information is false>, the person knowingly makes a
41-16 false statement <or intentionally conveys> or offers, agrees to
41-17 convey, or conveys false information about a greyhound race or
41-18 horse race to another <others for compensation>.
41-19 (b) Except as provided by Subsection (c) of this section, an
41-20 offense under this section is a Class A misdemeanor <felony of the
41-21 third degree>.
41-22 (c) An offense under this section is a state jail felony <of
41-23 the second degree> if:
41-24 (1) the actor is a license holder under this Act or an
41-25 employee or member of the commission and the actor knowingly
41-26 represents that a member <an official> or employee of the
41-27 commission or a <of an association or an owner, trainer, jockey, or
42-1 other> person licensed by the commission is the source of the false
42-2 information; or
42-3 (2) the false statement or information was contained
42-4 in racing selection information provided to the public. <the actor
42-5 previously has been finally convicted of an offense under this
42-6 section or has been convicted of a felony for which the punishment
42-7 received was a suspended sentence, probation, or a nonadjudicated
42-8 conviction which has not yet been fully served.>
42-9 <(d) The provisions of Section 7.22, Penal Code, imposing
42-10 criminal responsibility on a corporation or association for an
42-11 offense committed by its agent apply to conduct constituting an
42-12 offense under this section that is performed by an agent of a
42-13 corporation or association.>
42-14 Sec. 14.02. Unlawful Possession or use of credential.
42-15 (a) A person commits an offense if the person knowingly or
42-16 intentionally possesses or displays a <license or> credential or
42-17 false credential that identifies <has been issued or purports to
42-18 have been issued by the commission and represents that> the person
42-19 as <is> the holder of the <license or> credential and <when> the
42-20 person knows:
42-21 (1) that the <license or> credential is not issued to
42-22 the person; or
42-23 (2) the person is not a license holder <if the person
42-24 impersonates in any way a person holding a license or credential
42-25 issued by the commission>.
42-26 (b) An offense under this section is a Class C misdemeanor
42-27 <felony of the third degree>.
43-1 <(c) The provisions of Section 7.22, Penal Code, imposing
43-2 criminal responsibility on a corporation or association for an
43-3 offense committed by its agent apply to conduct constituting an
43-4 offense under this section that is performed by an agent of a
43-5 corporation or association.>
43-6 Sec. 14.03. BOOKMAKING. A person commits an offense if the
43-7 person, inside or outside a racetrack facility, engages in
43-8 bookmaking, as defined by Section 47.01, Penal Code, involving
43-9 betting on the partial or final outcome of a live or simulcast race
43-10 presented by an association under this Act or commission rule.
43-11 <Illegal influence of race outcome><. (a) The commission shall
43-12 adopt rules prohibiting the illegal influencing of the outcome of a
43-13 race, including but not limited to the use of medication,
43-14 stimulants, or depressants to attempt to or to influence illegally
43-15 the outcome of a race.>
43-16 <(b) The commission may require prerace testing by any
43-17 invasive or noninvasive method or methods to determine whether such
43-18 a drug, chemical, or other substance has been administered. The
43-19 commission shall require postrace testing by such method or
43-20 methods. The commission shall adopt rules that require all such
43-21 tests to be conducted using state-of-the-art methods. On any
43-22 positive test showing the presence of prohibited drugs, chemicals,
43-23 or other substances, the stewards or racing judges may summarily
43-24 suspend any person who has administered or applied the drug,
43-25 chemical, or other substance or any electric device or spur pending
43-26 hearing by the stewards or judges with the right of appeal to the
43-27 commission. Such a suspension may be stayed, in the discretion of
44-1 the commission only, during the pendency of such appeal. In
44-2 addition, the stewards or racing judges may disqualify the affected
44-3 animal pursuant to rules adopted by the commission under this
44-4 section. The commission may require that urine samples be frozen
44-5 and maintained for a period that will enable veterinarians and
44-6 chemists to conduct follow-up tests to detect and identify
44-7 prohibited drugs. All other specimens shall be maintained for
44-8 testing purposes in the manner prescribed by the commission. In the
44-9 event a sample tests positive for a drug, chemical, or other
44-10 substance, all samples, including the split portion, shall be
44-11 maintained until the matter is finally adjudicated. A licensee
44-12 whose animal has tested positive for a drug, chemical, or other
44-13 substance is entitled to have a split portion of the sample tested
44-14 at a testing facility authorized to perform drug testing under
44-15 Section 3.07 of this Act and selected by the licensee. The
44-16 commission shall adopt rules regarding the procedure for the split
44-17 testing.>
44-18 <(c) The official licensed trainer of each such animal is
44-19 deemed by law to be the absolute insurer that no prohibited drug,
44-20 chemical, or other substance has been administered and shall be
44-21 responsible to see that such a drug, chemical, or other substance
44-22 is not administered.>
44-23 <(d) By applying for a license under this Act, each
44-24 occupational licensee consents to both prerace and postrace search
44-25 for the purpose of determining the presence of such a drug,
44-26 chemical, or other substance or of any electrical device or other
44-27 device that might have the effect of unnaturally depressing,
45-1 stimulating, or exciting any animal during a race. The commission
45-2 shall adopt rules relating to drug testing for occupational
45-3 licensees.>
45-4 <(e) A person who knowingly violates a rule adopted under
45-5 this section may be barred, either for a period set by the
45-6 commission or for life, from receiving any license under this Act
45-7 or may be barred for a period set by the commission or for life
45-8 from any premises licensed under this Act, or both.>
45-9 <(f) A person who knowingly violates a rule adopted under
45-10 this section commits a felony of the third degree for the first
45-11 offense and a felony of the second degree for a second or
45-12 subsequent offense.>
45-13 <(g) A person who gives, offers or promises to give, or
45-14 attempts to give or offer any money, bribe, or thing of value to
45-15 any jockey, trainer, owner, groom, or other person associated with
45-16 or interested in any stable, kennel, horse, or dog, or race in
45-17 which any horse or dog participates, with the intention or
45-18 understanding or agreement that such individual shall not use his
45-19 best efforts to win such race, or shall so conduct himself in such
45-20 race that any other participant shall thereby be assisted or
45-21 enabled to win such race, or shall so conduct himself in such race
45-22 as to limit his finishing or placing in such race commits an
45-23 offense. Such an offense is a felony of the third degree.>
45-24 <(h) A person who accepts, attempts to accept, offers to
45-25 accept, or agrees to accept any money, bribe, or thing of value,
45-26 with the intention or understanding or agreement that he will not
45-27 use his best efforts to win any horse or dog race, in which he is
46-1 the jockey, trainer, groom, owner, or other interested party or is
46-2 about to participate in, or will so conduct himself in such race
46-3 that any other horse or dog shall thereby be assisted or enabled to
46-4 win such race, or will so conduct himself in such race as to limit
46-5 his finishing or placing in such race commits an offense. Such an
46-6 offense is a felony of the third degree.>
46-7 <(i) A person who gives, offers to give, promises to give,
46-8 or attempts to give any money, bribe, or thing of value to any
46-9 person who is presiding or officiating at or who is about to
46-10 preside or officiate at any dog or horse race with the intention or
46-11 agreement or understanding that such person shall corruptly or
46-12 dishonestly preside or officiate at any such race with the
46-13 intention or purpose that the result of the race will be affected
46-14 or influenced thereby commits an offense. Such an offense is a
46-15 felony of the third degree.>
46-16 Sec. 14.04. Illegal access. (a) A person commits an
46-17 offense if the person is a license holder and the person <licensee
46-18 who> knowingly or intentionally permits, facilitates, or allows
46-19 access to an enclosure to another person who the person knows:
46-20 (1) <where races are conducted to a person who> has
46-21 engaged in bookmaking, touting, or illegal wagering;
46-22 (2) derives<, whose> income <is> from illegal
46-23 activities or enterprises;
46-24 (3) <, or who> has been convicted of a violation of
46-25 this Act; or
46-26 (4) is excluded by the commission from entering a
46-27 racetrack facility<, commits an offense>.
47-1 (b) An offense under this section is a Class B misdemeanor
47-2 <felony of the third degree>.
47-3 Sec. 14.05. Races conducted on certain Indian lands. (a) A
47-4 person who is subject to this section commits an offense if the
47-5 person intentionally or knowingly wagers on the result of a
47-6 greyhound race or horse race conducted in this state that:
47-7 (1) is held on an American Indian reservation or on
47-8 American Indian trust land located in this state; and
47-9 (2) is not held under the supervision of the
47-10 commission under rules adopted under this Act.
47-11 (b) An offense under this section is a felony of the third
47-12 degree.
47-13 (c) It is an exception to the application of this section
47-14 that the person is a member of a recognized Texas Indian tribe who
47-15 lives on a reservation or on trust lands located in this state.
47-16 Sec. 14.06. False statements. (a) A person commits an
47-17 offense if the person <intentionally,> knowingly<, recklessly, or
47-18 with criminal negligence> makes a material and false, incorrect, or
47-19 deceptive statement to another who is conducting an investigation
47-20 or exercising discretion under this Act or a commission rule
47-21 <adopted under this Act>.
47-22 (b) In this section, the <The> term "statement" means a
47-23 representation of fact and includes<, but is not limited to>:
47-24 (1) a written or oral statement <statements>; or
47-25 (2) a sworn or unsworn statement <statements>.
47-26 (c) An offense under this section is a state jail felony
47-27 unless the statement was material in a commission action relating
48-1 to a racetrack license, in which event, the offense is a felony of
48-2 the third degree.
48-3 Sec. 14.07. HINDERING OF ENTRY OR SEARCH. (a) A person
48-4 commits an offense if the person <intentionally, knowingly,
48-5 recklessly, or> with criminal negligence refuses, denies, or
48-6 hinders entry to another who is exercising or attempting to
48-7 exercise a power of entry under this Act or a commission rule.
48-8 (b) A person commits an offense if the person with criminal
48-9 negligence refuses, denies, hinders, interrupts, disrupts, impedes,
48-10 or otherwise interferes with a search by a person exercising or
48-11 attempting to exercise a power to search under this Act or a
48-12 commission rule.
48-13 (c) <(b)> An offense under this section is a Class B
48-14 misdemeanor.
48-15 Sec. 14.08. FORGING PARI-MUTUEL TICKET. (a) A person
48-16 commits an offense if the person intentionally or knowingly forges
48-17 a pari-mutuel ticket with the intent to defraud or harm another.
48-18 (b) In this section, "forge" has the meaning assigned by
48-19 Section 32.21, Penal Code.
48-20 (c) An offense under this section is a felony of the third
48-21 degree.
48-22 Sec. 14.09. IMPERSONATING A LICENSE HOLDER. (a) A person
48-23 commits an offense if the person impersonates a license holder with
48-24 the intent to induce another person to submit to the actor's
48-25 purported authority as a license holder or to rely on the actor's
48-26 actions as an alleged license holder.
48-27 (b) An offense under this section is a Class A misdemeanor.
49-1 Sec. 14.10. UNLAWFUL INFLUENCE ON RACING. (a) A person
49-2 commits an offense if the person possesses a prohibited device or
49-3 substance on a racetrack facility.
49-4 (b) An offense under Subsection (a) of this section is a
49-5 state jail felony, unless the actor possessed the device or
49-6 substance with the intent to influence or affect the outcome of a
49-7 horse or greyhound race in a manner contrary to this Act or a
49-8 commission rule, in which event it is a felony of the third degree.
49-9 (c) A person commits an offense if, with the intent to
49-10 influence or affect a horse or greyhound race in a manner contrary
49-11 to this Act or a commission rule, the person:
49-12 (1) uses or offers to use a prohibited device; or
49-13 (2) uses or offers to use a prohibited substance.
49-14 (d) An offense under Subsection (c) of this section is a
49-15 felony of the third degree.
49-16 Sec. 14.11. BRIBERY AND CORRUPT INFLUENCE. (a) A person
49-17 commits an offense if, with the intent to influence or affect the
49-18 outcome of a race in a manner contrary to this Act or a commission
49-19 rule, the person offers, confers, agrees to confer on another, or
49-20 solicits, accepts, or agrees to accept from another person any
49-21 benefit as consideration for the actions of a person who receives
49-22 the benefit relating to the conduct, decision, opinion,
49-23 recommendation, vote, or exercise of discretion as a license holder
49-24 or other person associated with or interested in any stable,
49-25 kennel, horse, greyhound, or horse or greyhound race.
49-26 (b) An offense under this section is a state jail felony,
49-27 unless the recipient of the benefit is a steward, judge, or other
50-1 racetrack official exercising authority over a horse or greyhound
50-2 race that the person providing or offering the benefit intended to
50-3 influence, in which event it is a felony of the third degree.
50-4 Sec. 14.12. COERCION AND INTIMIDATION. (a) A person commits
50-5 an offense if, with the intent to influence or affect the outcome
50-6 of a race in a manner contrary to this Act or a commission rule,
50-7 the person coerces or threatens to harm another with the intent to:
50-8 (1) induce another not to use the person's best
50-9 efforts; or
50-10 (2) affect the recipient's conduct, decision, opinion,
50-11 recommendation, vote, or other exercise of discretion as a license
50-12 holder or any person associated with or interested in any stable,
50-13 kennel, horse, greyhound, or horse or greyhound race.
50-14 (b) Except as provided by Subsection (c) of this section, an
50-15 offense under this section is a state jail felony.
50-16 (c) An offense under this section is a felony of the third
50-17 degree if:
50-18 (1) the actor is a steward, judge, or other racetrack
50-19 official exercising authority over the horse or greyhound race the
50-20 actor intended to influence; or
50-21 (2) the person threatened is a steward, judge, or
50-22 other racetrack official exercising authority over the race the
50-23 actor intended to influence.
50-24 Sec. 14.13. CRIMINAL CONFLICT OF INTEREST. A person who is
50-25 a member of the commission commits an offense if the person:
50-26 (1) accepts, directly or indirectly, employment or
50-27 remuneration from a racetrack facility, association, or other
51-1 license holder, including a facility, association, or license
51-2 holder located or residing in another state;
51-3 (2) wagers or causes a wager to be placed on the
51-4 outcome of a horse or greyhound race conducted in this state; or
51-5 (3) accepts or is entitled to any part of a purse to
51-6 be paid to an animal in a race conducted in this state.
51-7 Sec. 14.14. OFFENSES INVOLVING A MINOR. (a) A person
51-8 commits an offense if the person with criminal negligence permits,
51-9 facilitates, or allows:
51-10 (1) wagering by a minor at a racetrack facility; or
51-11 (2) entry by a child to the viewing section of a
51-12 racetrack facility.
51-13 (b) An offense under Subsection (a) of this section is a
51-14 Class B misdemeanor.
51-15 (c) A person commits an offense if the person is a minor and
51-16 intentionally or knowingly engages in wagering at a racetrack.
51-17 (d) An offense under Subsection (c) of this section is a
51-18 Class C misdemeanor.
51-19 (e) It is an affirmative defense to prosecution of an
51-20 offense under this section that a child was accompanied by and was
51-21 in the physical presence of a parent, guardian, or spouse who was
51-22 18 years of age or older.
51-23 (f) It is an affirmative defense to prosecution of an
51-24 offense under Subsection (a) of this section that the minor falsely
51-25 represented the minor's age by displaying to the person an
51-26 apparently valid Texas driver's license or identification card
51-27 issued by the department that contains a physical description
52-1 consistent with the minor's appearance.
52-2 Sec. 14.15. UNLAWFUL RACING. A person commits an offense
52-3 if:
52-4 (1) the person participates, permits, or conducts a
52-5 greyhound or horse race at a licensed racetrack facility;
52-6 (2) the person wagers on the partial or final outcome
52-7 of the horse or greyhound race or knows or reasonably should know
52-8 that another is betting on the partial or final outcome of the
52-9 race; and
52-10 (3) the race is not part of a performance or meeting
52-11 conducted under this Act or commission rule.
52-12 Sec. 14.16. PARI-MUTUEL RACING WITHOUT LICENSE. (a) A
52-13 person commits an offense if, without a license, the person
52-14 participates or is otherwise involved in, in any capacity,
52-15 greyhound racing or horse racing with pari-mutuel wagering.
52-16 (b) It is an affirmative defense to prosecution under
52-17 Subsection (a) of this section that the actor was a spectator or a
52-18 person placing a wager.
52-19 (c) An offense under Subsection (a) of this section is a
52-20 Class A misdemeanor, unless the actor was required by this Act to
52-21 obtain a racetrack license, in which event it is a state jail
52-22 felony.
52-23 (d) A person commits an offense if the person:
52-24 (1) holds a racetrack license;
52-25 (2) conducts a greyhound or horse race with
52-26 pari-mutuel wagering; and
52-27 (3) knows or reasonably should know that another
53-1 person is illegally wagering on the final or partial outcome of the
53-2 race.
53-3 Sec. 14.17. RACING WITHOUT LICENSE. (a) A person commits an
53-4 offense if the person:
53-5 (1) conducts a greyhound or horse race without a
53-6 racetrack license; and
53-7 (2) knows or reasonably should know that another
53-8 person is betting on the final or partial outcome of the race.
53-9 (b) An offense under this section is a felony of the third
53-10 degree.
53-11 Sec. 14.18. FAILURE TO DISPLAY CREDENTIAL. (a) A person
53-12 commits an offense if the person intentionally or knowingly:
53-13 (1) fails or refuses to display a credential to
53-14 another after a lawful request; or
53-15 (2) fails or refuses to give the person's name,
53-16 residence address, or date of birth to another after a lawful
53-17 request.
53-18 (b) In this section, "lawful request" means a request from
53-19 the commission, an authorized agent of the commission, the director
53-20 or a commissioned officer of the Texas Department of Public Safety,
53-21 a peace officer, or a steward or judge at any time and any
53-22 restricted location that:
53-23 (1) is on a racetrack facility; and
53-24 (2) is not a public place.
53-25 (c) Except as provided by Subsection (d) of this section, an
53-26 offense under this section is a Class B misdemeanor.
53-27 (d) At the punishment stage of a trial for an offense under
54-1 Subsection (a)(1) of this section the defendant may raise an issue
54-2 as to whether the defendant was a license holder at the time of the
54-3 offense. If the defendant proves the issue, the offense is a Class
54-4 C misdemeanor.
54-5 Sec. 14.19. SEARCH AND SEIZURE. (a) A person consents to a
54-6 search at a time and location described in Subsection (b) of this
54-7 section for a prohibited device, substance, or other contraband if
54-8 the person:
54-9 (1) accepts a license or other credential issued under
54-10 this Act; or
54-11 (2) enters a racetrack facility under the authority of
54-12 a license or other credential alleged to have been issued under
54-13 this Act.
54-14 (b) A search may be conducted by a member of the commission,
54-15 an authorized agent of the commission, a commissioned officer of
54-16 the Texas Department of Public Safety, a peace officer, or a
54-17 steward or judge at any time and at any location that is on a
54-18 racetrack facility, except a location:
54-19 (1) excluded by commission rule from searches under
54-20 this section; or
54-21 (2) provided by an association under commission rule
54-22 for private storage of personal items belonging to a license holder
54-23 entering a racetrack facility.
54-24 (c) A person conducting a search under Subsection (b) of
54-25 this section may seize any prohibited device, substance, or other
54-26 contraband discovered during the search.
54-27 Sec. 14.20. PROSECUTION. A person who is subject to
55-1 prosecution for a penal offense under this Act and another law may
55-2 be prosecuted under either law.
55-3 Sec. 14.21. COMMISSION AUTHORITY. This article may not be
55-4 construed to restrict the commission's administrative authority to
55-5 enforce this Act or commission rules to the fullest extent
55-6 authorized by this Act.
55-7 SECTION 43. Section 15.01, Texas Racing Act (Article 179e,
55-8 Vernon's Texas Civil Statutes), is amended to read as follows:
55-9 Sec. 15.01. GENERAL PENALTY. If <With regard to any
55-10 provision of this Act that is a penal offense, if> no specific
55-11 penalty is provided for a provision of this Act that is a penal
55-12 offense, a person who violates the <such a> provision commits a
55-13 state jail felony <of the third degree>.
55-14 SECTION 44. Section 18.01(a), Texas Racing Act (Article
55-15 179e, Vernon's Texas Civil Statutes), is amended to read as
55-16 follows:
55-17 (a) The Texas Racing Commission is subject to Chapter 325,
55-18 Government Code (Texas Sunset Act). Unless continued in existence
55-19 as provided by that chapter, and except as provided by Subsections
55-20 (b) and (c) of this section, the commission is abolished and this
55-21 Act expires September 1, 2001 <1995>.
55-22 SECTION 45. Article 18, Texas Racing Act (Article 179e,
55-23 Vernon's Texas Civil Statutes), is amended by adding Section 18.08
55-24 to read as follows:
55-25 Sec. 18.08. DISTANCE LEARNING. The commission may provide
55-26 assistance to members of the racing industry who are attempting to
55-27 develop or implement adult or continuing education programs that
56-1 use distance learning.
56-2 SECTION 46. Section 481.172, Government Code, is amended to
56-3 read as follows:
56-4 Sec. 481.172. Duties. The department shall:
56-5 (1) promote and advertise within the United States and
56-6 in foreign countries, by radio, television, newspaper, and other
56-7 means considered appropriate, tourism in this state by non-Texans,
56-8 including persons from foreign countries, and distribute
56-9 promotional materials through appropriate agencies, including the
56-10 United States Travel and Tourism Agency;
56-11 (2) encourage travel by Texans to this state's scenic,
56-12 historical, natural, agricultural, educational, recreational, and
56-13 other attractions;
56-14 (3) coordinate and stimulate orderly and accelerated
56-15 development of tourist attractions throughout this state;
56-16 (4) conduct a public relations campaign to create a
56-17 responsible and accurate national and international image of this
56-18 state;
56-19 (5) cooperate fully with the Parks and Wildlife
56-20 Department in all matters relating to promotion of tourism;
56-21 (6) cooperate with the State Highway and Public
56-22 Transportation Commission in the administration of the commission's
56-23 collateral program of highway map distribution and operation of
56-24 travel information bureaus and other tourist-related functions of
56-25 the commission; <and>
56-26 (7) encourage communities, organizations, and
56-27 individuals in this state to cooperate with its program by their
57-1 activities and use of their own funds and collaborate with those
57-2 organizations and other governmental entities in the pursuit of the
57-3 objectives of this subchapter; and
57-4 (8) promote and encourage the horse racing and
57-5 greyhound racing industry, if funds are appropriated for the
57-6 promotion or encouragement.
57-7 SECTION 47. Sections 2.07, 3.01, 11.04(d), 15.02, and 18.02,
57-8 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
57-9 repealed.
57-10 SECTION 48. (a) This Act takes effect September 1, 1995.
57-11 (b) The changes in law made by this Act relating to the
57-12 qualifications and appointment of members to the Texas Racing
57-13 Commission do not affect the entitlement of a member of the
57-14 commission serving immediately before the effective date of this
57-15 Act to continue to serve on the commission for the term to which
57-16 the member was appointed. As the terms of members of the
57-17 commission expire or as vacancies on the commission occur, the
57-18 governor shall make appointments to the commission to achieve as
57-19 soon as possible the membership plan prescribed for the commission
57-20 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
57-21 Statutes), as amended by this Act.
57-22 (c) The Texas Racing Commission shall review all of the
57-23 rules of the commission before January 1, 1998. The commission,
57-24 following the review, shall readopt, modify, or repeal the rules
57-25 before January 1, 1998.
57-26 (d) The authority for rulemaking and licensing and for any
57-27 action relating exclusively to horse racing or exclusively to
58-1 greyhound racing that was granted to a separate section of the
58-2 Texas Racing Commission is transferred to the Texas Racing
58-3 Commission.
58-4 SECTION 49. (a) The changes in law made by this Act apply
58-5 only to an offense committed on or after the effective date of this
58-6 Act. For purposes of this section, an offense is committed before
58-7 the effective date of this Act if any element of the offense occurs
58-8 before the effective date.
58-9 (b) An offense committed before the effective date of this
58-10 Act is covered by the law in effect when the offense was committed,
58-11 and the former law is continued in effect for this purpose.
58-12 SECTION 50. The importance of this legislation and the
58-13 crowded condition of the calendars in both houses create an
58-14 emergency and an imperative public necessity that the
58-15 constitutional rule requiring bills to be read on three several
58-16 days in each house be suspended, and this rule is hereby suspended.