74R11380 CAG-D
By Gray, Black, Wilson H.B. No. 1305
Substitute the following for H.B. No. 1305:
By Kubiak C.S.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 SECTION 11. Section 3.021, Texas Racing Act (Article 179e,
14-23 Vernon's Texas Civil Statutes), is amended by amending Subsection
14-24 (b) and adding Subsection (d) to read as follows:
14-25 (b) To protect the health, safety, and welfare of race
14-26 animals and participants in racing, to safeguard the interest of
14-27 the general public, and to promote the orderly <growth and> conduct
15-1 of racing within the state, the commission may adopt rules for the
15-2 licensing and regulation of races and workouts at racetracks that
15-3 do not offer pari-mutuel wagering and for workouts at training
15-4 facilities to secure past performances and workouts.
15-5 (d) The commission may not adopt rules restricting
15-6 competitive bidding or advertising by a licensee except to prohibit
15-7 false, misleading, or deceptive practices. In its rules to
15-8 prohibit false, misleading, or deceptive practices, the commission
15-9 may not include a rule that:
15-10 (1) restricts the use of any medium for advertising;
15-11 (2) restricts the use of a licensee's personal
15-12 appearance or voice in an advertisement;
15-13 (3) relates to the size or duration of an
15-14 advertisement by the licensee; or
15-15 (4) restricts the licensee's advertisement under a
15-16 trade name.
15-17 SECTION 12. Section 3.03, Texas Racing Act (Article 179e,
15-18 Vernon's Texas Civil Statutes), is amended to read as follows:
15-19 Sec. 3.03. Power of entry. A member of the commission, an
15-20 authorized agent of the commission, a commissioned officer of the
15-21 Department of Public Safety, or a peace officer of the local
15-22 jurisdiction in which the association maintains a place of business
15-23 may enter any part of the racetrack facility <the office,
15-24 racetrack,> or any other place of business of an association at any
15-25 time for the purpose of enforcing and administering this Act.
15-26 SECTION 13. Section 3.07(a), Texas Racing Act (Article 179e,
15-27 Vernon's Texas Civil Statutes), is amended to read as follows:
16-1 (a) The commission shall employ all of the judges and all of
16-2 the stewards for the supervision of a horse race or greyhound race
16-3 meeting. Each horse race or greyhound race meeting shall be
16-4 supervised by three stewards <approved by the commission> for horse
16-5 racing or by three judges <approved by the commission> for
16-6 greyhound racing. Before each race meeting, the commission shall
16-7 publish a list of stewards and judges approved by the commission
16-8 and who are eligible to serve at the race meeting. The commission
16-9 shall forward the list to the association holding the race meeting
16-10 and shall give the association an opportunity to review and comment
16-11 on the list. The commission, after review of the association's
16-12 comments and after consultation with the association, shall
16-13 designate the stewards or judges and shall designate one of the
16-14 stewards or judges as the presiding steward or judge for each race
16-15 meeting. <The commission shall employ one of the stewards who
16-16 supervises a horse race meeting who shall be the presiding steward.
16-17 The other stewards at the race meeting shall be compensated by the
16-18 association. The commission shall employ one of the judges who
16-19 supervises a greyhound race meeting who shall be the presiding
16-20 judge; the other judges at such a race meeting shall be compensated
16-21 by the association.> For each race meeting, the commission shall
16-22 employ <appoint> at least one state veterinarian <who shall be
16-23 compensated by the commission>. <The commission by rule shall
16-24 determine the amount of compensation for stewards, judges, and
16-25 state veterinarians who are required to be compensated by the
16-26 commission.> The commission may, by rule, impose a fee on an
16-27 association to offset the costs of compensating the <racetrack>
17-1 stewards, judges, and state veterinarians <for that association>.
17-2 The amount of the fee for the compensation of stewards, judges, and
17-3 state veterinarians must be reasonable according to industry
17-4 standards for the compensation of those officials at other
17-5 racetracks and may not exceed the actual cost to the commission for
17-6 compensating the officials. All other racetrack officials shall be
17-7 appointed by the association, with the approval of the commission.
17-8 Compensation for those officials not compensated by the commission
17-9 shall be determined by the association.
17-10 SECTION 14. Section 3.08, Texas Racing Act (Article 179e,
17-11 Vernon's Texas Civil Statutes), is amended to read as follows:
17-12 Sec. 3.08. APPEAL FROM DECISION OF STEWARDS OR JUDGES. A
17-13 <(a) Except as provided by Subsection (b) of this section, a final
17-14 decision of the stewards or judges may be appealed to the
17-15 commission in the manner provided for a contested case under the
17-16 Administrative Procedure and Texas Register Act (Article 6252-13a,
17-17 Vernon's Texas Civil Statutes).>
17-18 <(b) In determining the distribution to holders of winning
17-19 tickets in a pari-mutuel pool, a> decision of the stewards or
17-20 judges on a disqualification for a foul in a race or on a finding
17-21 of fact regarding the running of a race is final and may not be
17-22 appealed.
17-23 SECTION 15. Article 3, Texas Racing Act (Article 179e,
17-24 Vernon's Texas Civil Statutes), is amended by adding Sections
17-25 3.13-3.16 to read as follows:
17-26 Sec. 3.13. RECOGNITION OF ORGANIZATION. (a) The commission
17-27 by rule shall adopt criteria to recognize an organization to
18-1 represent members of a segment of the racing industry, including
18-2 owners, breeders, trainers, kennel operators, or other persons
18-3 involved in the racing industry, in any interaction between the
18-4 members of the organization and a racetrack facility or the
18-5 commission.
18-6 (b) The commission may recognize an organization that meets
18-7 the requirements of Subsection (a) of this section.
18-8 Sec. 3.14. DISCIPLINARY ACTIONS. The commission shall
18-9 revoke, suspend, or refuse to renew a license, place on probation a
18-10 person whose license has been suspended, or reprimand a licensee
18-11 for a violation of this Act or a rule of the commission. If a
18-12 license suspension is probated, the commission may require the
18-13 licensee to report regularly to the commission on matters that are
18-14 the basis of the probation.
18-15 Sec. 3.15. HEARING REQUIREMENTS. If the commission proposes
18-16 to suspend, revoke, or refuse to renew a person's license, the
18-17 person is entitled to a hearing conducted by the State Office of
18-18 Administrative Hearings. Proceedings for a disciplinary action,
18-19 other than those conducted by racing stewards or judges, are
18-20 governed by the administrative procedure law, Chapter 2001,
18-21 Government Code. Rules of practice adopted by the commission under
18-22 Section 2001.004, Government Code, applicable to the proceedings
18-23 for a disciplinary action, other than those conducted by racing
18-24 stewards or judges, may not conflict with rules adopted by the
18-25 State Office of Administrative Hearings.
18-26 Sec. 3.16. RULES RELATING TO UNLAWFUL INFLUENCES ON RACING.
18-27 (a) The commission shall adopt rules prohibiting a person from
19-1 unlawfully influencing or affecting the outcome of a race,
19-2 including rules relating to the use of a prohibited device or
19-3 substance.
19-4 (b) The commission may require prerace testing and shall
19-5 require postrace testing to determine whether a prohibited
19-6 substance has been used. The testing may be by an invasive or
19-7 noninvasive method. The commission's rules shall require
19-8 state-of-the-art testing methods.
19-9 (c) Following the discovery of a prohibited device or a
19-10 return of a test showing the presence of a prohibited substance, a
19-11 steward or judge may summarily suspend a person who has used or
19-12 administered the prohibited device or substance until a hearing
19-13 before the stewards and judges. The steward or judge may also
19-14 disqualify an animal pursuant to a commission rule adopted under
19-15 this section.
19-16 (d) A person may appeal a ruling of the stewards or judges
19-17 to the commission. The commission may stay a summary suspension
19-18 during the period the matter is before the commission.
19-19 (e) The commission may require urine samples to be frozen
19-20 for a period necessary to allow any follow-up testing to detect and
19-21 identify a prohibited substance. Any other specimen shall be
19-22 maintained for testing purposes in a manner required by commission
19-23 rule.
19-24 (f) If a test sample or specimen shows the presence of a
19-25 prohibited substance, the entire sample, including any split
19-26 portion, shall be maintained until final disposition of the matter.
19-27 (g) A license holder whose animal test shows the presence of
20-1 a prohibited substance is entitled to have a split portion of the
20-2 test sample or specimen tested at a testing facility authorized to
20-3 perform drug testing under this Act and selected by the license
20-4 holder. The commission shall adopt rules relating to split testing
20-5 procedures.
20-6 (h) The licensed trainer of each animal is responsible for
20-7 ensuring that no prohibited substance is administered to the
20-8 animal.
20-9 (i) The commission shall adopt rules relating to the drug
20-10 testing of license holders.
20-11 (j) A person who violates a rule adopted under this section
20-12 may:
20-13 (1) have any license issued to the person by the
20-14 commission revoked or suspended; or
20-15 (2) be barred for life or any other period from
20-16 applying for or receiving a license issued by the commission or
20-17 entering any portion of a racetrack facility.
20-18 SECTION 16. Section 5.01(a), Texas Racing Act (Article 179e,
20-19 Vernon's Texas Civil Statutes), is amended to read as follows:
20-20 (a) The commission shall prescribe forms for applications
20-21 for licenses and shall provide each occupational licensee with a
20-22 license certificate or credentials.
20-23 SECTION 17. Article 5, Texas Racing Act (Article 179e,
20-24 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
20-25 to read as follows:
20-26 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
20-27 commission shall, in determining the amount of a license fee, set
21-1 the fee in an amount that will cover, at least, the cost of
21-2 conducting a criminal history check on the applicant for a license.
21-3 (b) The commission shall reimburse the Department of Public
21-4 Safety for the cost of conducting a criminal history check under
21-5 this article.
21-6 SECTION 18. Section 6.01, Texas Racing Act (Article 179e,
21-7 Vernon's Texas Civil Statutes), is amended to read as follows:
21-8 Sec. 6.01. License required. A person shall not conduct
21-9 wagering on a greyhound race <meeting> or a horse race meeting
21-10 without first obtaining a racetrack license from the commission
21-11 <with wagering on the results without a racetrack license>. A
21-12 person who violates this section commits an offense.
21-13 SECTION 19. Section 6.02(d), Texas Racing Act (Article 179e,
21-14 Vernon's Texas Civil Statutes), is amended to read as follows:
21-15 (d) A class 3 racetrack is a racetrack operated by a city,
21-16 county, or a nonprofit fair under Article 12 of this Act. An
21-17 association that holds a class 3 racetrack license and that
21-18 conducted horse races in 1986 may conduct live races for a number
21-19 of days not to exceed 16 days in a calendar year on the dates
21-20 selected by the association.
21-21 SECTION 20. Section 6.04(a), Texas Racing Act (Article 179e,
21-22 Vernon's Texas Civil Statutes), is amended to read as follows:
21-23 (a) The commission may issue a racetrack license to a
21-24 qualified person if it finds that the conduct of race meetings at
21-25 the proposed track and location will be in the public interest,
21-26 complies with all zoning laws, and complies with this Act and the
21-27 rules adopted by the commission and if the commission finds by
22-1 clear and convincing evidence that the applicant will comply with
22-2 all criminal laws of this state. In determining whether to grant
22-3 or deny an application for any class of racetrack license, the
22-4 commission may consider <the degree to which any of> the following
22-5 factors <regarding the applicant's racetrack or proposed race
22-6 meeting serve to nurture, promote, develop, or improve the horse or
22-7 greyhound industry in this state>:
22-8 (1) the applicant's financial stability;
22-9 (2) the applicant's resources for supplementing the
22-10 purses for races for various breeds;
22-11 (3) the location of the proposed track;
22-12 (4) the effect of the proposed track on traffic flow;
22-13 (5) facilities for patrons and occupational licensees;
22-14 (6) facilities for race animals;
22-15 (7) availability to the track of support services and
22-16 emergency services;
22-17 (8) the experience of the applicant's employees;
22-18 (9) the potential for conflict with other licensed
22-19 race meetings;
22-20 (10) the anticipated effect of the race meeting on the
22-21 greyhound or horse breeding industry in this state; and
22-22 (11) the anticipated effect of the race meeting on the
22-23 state and local economy from tourism, increased employment, and
22-24 other sources.
22-25 SECTION 21. Sections 6.06(a), (b), (e), and (f), Texas
22-26 Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
22-27 amended to read as follows:
23-1 (a) To preserve and protect the public health, welfare, and
23-2 safety, the commission shall adopt rules relating to license
23-3 applications, <renewal applications,> the financial responsibility,
23-4 moral character, and ability of applicants, and all matters
23-5 relating to the planning, construction, and operation of
23-6 racetracks. The commission may refuse to issue a <an original or
23-7 renewal> racetrack license or may revoke or suspend a license if,
23-8 after notice and hearing, it has reasonable grounds to believe and
23-9 finds that:
23-10 (1) the applicant has been convicted in a court of
23-11 competent jurisdiction of a violation of this Act or any rule
23-12 adopted by the commission or that the applicant has aided, abetted,
23-13 or conspired with any person to commit such a violation;
23-14 (2) the applicant has been convicted of a felony or of
23-15 any crime involving moral turpitude, including convictions for
23-16 which the punishment received was a suspended sentence, probation,
23-17 or a nonadjudicated conviction, that is reasonably related to the
23-18 applicant's present fitness to hold a license under this Act;
23-19 (3) the applicant has violated or has caused to be
23-20 violated this Act or a rule of the commission in a manner that
23-21 involves moral turpitude, as distinguished from a technical
23-22 violation of this Act or of a rule;
23-23 (4) the applicant is unqualified, by experience or
23-24 otherwise, to perform the duties required of a licensee under this
23-25 Act;
23-26 (5) the applicant failed to answer or falsely or
23-27 incorrectly answered a question in an original or renewal
24-1 application;
24-2 (6) the applicant fails to disclose the true ownership
24-3 or interest in a greyhound or horse as required by the rules of the
24-4 commission;
24-5 (7) the applicant is indebted to the state for any
24-6 fees or for the payment of a penalty imposed by this Act or by a
24-7 rule of the commission;
24-8 (8) the applicant is not of good moral character or
24-9 the applicant's reputation as a peaceable, law-abiding citizen in
24-10 the community where the applicant resides is bad;
24-11 (9) the applicant has not yet attained the minimum age
24-12 necessary to purchase alcoholic beverages in this state;
24-13 (10) the applicant is in the habit of using alcoholic
24-14 beverages to an excess or uses a controlled substance as defined in
24-15 Chapter 481, Health and Safety Code, or a dangerous drug as defined
24-16 in Chapter 483, Health and Safety Code or is mentally
24-17 incapacitated;
24-18 (11) the applicant may be excluded from a track
24-19 enclosure under Article 13 or 14 of this Act;
24-20 (12) the applicant has not been a United States
24-21 citizen residing in this state for the period of 10 consecutive
24-22 years immediately preceding the filing of the application;
24-23 (13) the applicant has improperly used a license
24-24 certificate, credential, or identification card issued under this
24-25 Act;
24-26 (14) the applicant is residentially domiciled with a
24-27 person whose license has been revoked for cause within the 12
25-1 months immediately preceding the date of the present application;
25-2 (15) the applicant has failed or refused to furnish a
25-3 true copy of the application to the commission's district office in
25-4 the district in which the premises for which the permit is sought
25-5 are located; <or>
25-6 (16) the applicant is engaged or has engaged in
25-7 activities or practices that the commission finds are detrimental
25-8 to the best interests of the public and the sport of greyhound
25-9 racing or horse racing; or
25-10 (17) the applicant fails to fully disclose the true
25-11 owners of all interests, beneficial or otherwise, in a proposed
25-12 racetrack facility.
25-13 (b) Subsection (a) of this section applies to a corporation,
25-14 partnership, limited partnership, or any other organization or
25-15 group whose application is comprised of more than one person if a
25-16 shareholder, partner, limited partner <if any>, director, or
25-17 officer is disqualified under Subsection (a) of this section.
25-18 (e) The <appropriate section of the> commission may
25-19 condition the issuance of a license under this article on the
25-20 observance of its rules. The commission may amend the rules at any
25-21 time and may condition the continued holding of the license on
25-22 compliance with the rules as amended.
25-23 (f) The <appropriate section of the> commission may refuse
25-24 to issue a license or may suspend or revoke a license of a licensee
25-25 under this article who knowingly or intentionally allows access to
25-26 an enclosure where greyhound races or horse races are conducted to
25-27 a person who has engaged in bookmaking, touting, or illegal
26-1 wagering, whose income is from illegal activities or enterprises,
26-2 or who has been convicted of a violation of this Act.
26-3 SECTION 22. Article 6, Texas Racing Act (Article 179e,
26-4 Vernon's Texas Civil Statutes), is amended by adding Sections 6.061
26-5 and 6.062 to read as follows:
26-6 Sec. 6.061. REGULATION OF INAPPROPRIATE OR UNSAFE
26-7 CONDITIONS. (a) The commission shall adopt rules implementing
26-8 this section, including rules:
26-9 (1) requiring the report of and correction of:
26-10 (A) an inappropriate condition on the premises
26-11 of a racetrack facility, including a failure to properly maintain
26-12 the facility, that interferes with the administration of this Act;
26-13 or
26-14 (B) a condition on the premises of a racetrack
26-15 facility that makes the facility unsafe for a race participant,
26-16 patron, or animal; and
26-17 (2) determining the methods and manner in which the
26-18 executive secretary may determine and remedy inappropriate
26-19 conditions or unsafe facilities on the premises of a racetrack
26-20 facility, including the methods and manner in which the executive
26-21 secretary may conduct inspections of the racetrack facility and
26-22 remedy emergency situations.
26-23 (b) The executive secretary shall issue a notice of
26-24 violation to a racetrack facility on a finding that an
26-25 inappropriate or unsafe condition exists.
26-26 (c) If the executive secretary determines that an
26-27 inappropriate or unsafe condition exists at the racetrack facility,
27-1 the executive secretary shall order the racetrack facility to take
27-2 action within a specified period to remedy the inappropriate
27-3 condition or unsafe condition. In determining the period for
27-4 compliance, the executive secretary shall consider the nature and
27-5 severity of the problem and the threat to the health, safety, and
27-6 welfare of the race participants, patrons, or animals.
27-7 (d) The commission shall adopt rules requiring the reporting
27-8 of any corrective action taken by a racetrack facility in response
27-9 to an order of the executive secretary under Subsection (c) of this
27-10 section.
27-11 (e) If a racetrack facility fails to take any action as
27-12 required under Subsection (c) of this section, the executive
27-13 secretary shall initiate an enforcement action against the
27-14 racetrack facility. The executive secretary may rescind any live
27-15 or simulcast race date of any racetrack association that does not
27-16 take corrective action within the period set by the executive
27-17 secretary.
27-18 (f) The commission shall adopt rules relating to the
27-19 commission's review of an action taken under this section by the
27-20 executive secretary. A review procedure adopted under this
27-21 subsection must be consistent with Chapter 2001, Government Code.
27-22 Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The
27-23 commission shall adopt a method of supervising and approving the
27-24 construction, renovation, or maintenance of any building or
27-25 improvement on the premises of a racetrack facility.
27-26 (b) The commission shall adopt rules relating to:
27-27 (1) the approval of plans and specifications;
28-1 (2) the contents of plans and specifications;
28-2 (3) the maintenance of records to ensure compliance
28-3 with approved plans and specifications;
28-4 (4) the content and filing of construction progress
28-5 reports by the racetrack facility to the commission;
28-6 (5) the inspection by the commission or others;
28-7 (6) the method for making a change or amendment to an
28-8 approved plan or specification; and
28-9 (7) any other method of supervision or oversight
28-10 necessary.
28-11 (c) If the commission has grounds to believe that an
28-12 association has failed to comply with the requirements of this
28-13 section, a representative of the association shall appear before
28-14 the commission, at a public hearing, to consider the issue of
28-15 compliance with the rules adopted under this section.
28-16 (d) Before a building or improvement may be used by the
28-17 association, the commission shall determine whether the
28-18 construction, renovation, or maintenance of the building or
28-19 improvement was completed in accordance with the approved plans and
28-20 specifications and whether other requirements of the commission
28-21 were met.
28-22 (e) If the commission determines that the association failed
28-23 to comply with a requirement of this section or rule adopted under
28-24 this section, the commission shall initiate an enforcement action
28-25 against the association. In addition to any other authorized
28-26 enforcement action, the commission may rescind any live or
28-27 simulcast race date of any association that has failed to comply
29-1 with the requirement of this section.
29-2 SECTION 23. Article 6, Texas Racing Act (Article 179e,
29-3 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
29-4 to read as follows:
29-5 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
29-6 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
29-7 monitoring, and auditing requirements or other appropriate
29-8 performance measures for any organization that receives funds
29-9 generated by live or simulcast pari-mutuel racing.
29-10 (b) The commission shall adopt the requirements or
29-11 performance measures after consultation with the affected
29-12 organization. In adopting the rules, the commission shall give
29-13 consideration to the concerns of the affected organization.
29-14 (c) An independent audit shall be conducted annually of an
29-15 organization receiving funds generated by live or simulcast
29-16 pari-mutuel racing. A copy of the report shall be sent to the
29-17 commission. The audit shall include a verification of any
29-18 performance report sent to or required by the commission.
29-19 (d) The commission may review any records or books of an
29-20 organization that submits an independent audit to the commission as
29-21 the commission determines necessary to confirm or further
29-22 investigate the findings of an audit or report.
29-23 (e) The commission by rule may suspend or withhold funds
29-24 from an organization that:
29-25 (1) it determines has failed to comply with the
29-26 requirements or performance measures adopted under Subsection (a)
29-27 of this section; or
30-1 (2) has, following an independent audit or other
30-2 report to the commission, material questions raised on the use of
30-3 funds by the organization.
30-4 SECTION 24. Section 6.17(a), Texas Racing Act (Article 179e,
30-5 Vernon's Texas Civil Statutes), is amended to read as follows:
30-6 (a) A commissioners court may collect a fee not to exceed 15
30-7 cents as an admission fee to a licensed racetrack located within
30-8 the county. If the racetrack is located within an incorporated
30-9 city or town, the governing body of the city or town may collect a
30-10 fee not to exceed 15 cents as an admission fee to a licensed
30-11 racetrack located within the city or town. If the racetrack is not
30-12 located within an incorporated city or town, the court may collect
30-13 an additional fee not to exceed 15 cents as an admission fee to a
30-14 licensed racetrack located within the county for allocation among
30-15 the incorporated cities or towns in the county. If the racetrack
30-16 is not located in an incorporated city or town, the court shall
30-17 collect the additional fee if requested to do so by the governing
30-18 bodies of a majority of the incorporated cities and towns in the
30-19 county. Allocation of the fees shall be based on the population
30-20 within the county of the cities or towns. An admission fee may not
30-21 be charged for the admission to the racetrack of any person
30-22 licensed by the commission.
30-23 SECTION 25. Section 7.01, Texas Racing Act (Article 179e,
30-24 Vernon's Texas Civil Statutes), is amended to read as follows:
30-25 Sec. 7.01. License required. A person shall not participate
30-26 in racing with pari-mutuel wagering <as regulated by this Act>
30-27 without first obtaining a license from the commission. <A person
31-1 who violates this section commits an offense.>
31-2 SECTION 26. Section 7.02, Texas Racing Act (Article 179e,
31-3 Vernon's Texas Civil Statutes), is amended by amending Subsection
31-4 (a) and by adding Subsections (c) and (d) to read as follows:
31-5 (a) Each person, other than a spectator or person placing a
31-6 wager, involved in any capacity with racing with pari-mutuel
31-7 wagering under<, other than as a spectator, as regulated by> this
31-8 Act<,> must obtain a license under this article. <A person who
31-9 violates this subsection commits an offense.>
31-10 (c) If an examination is required for the issuance of a
31-11 license under this article, not later than the 30th day after the
31-12 day on which a licensing examination is administered under this
31-13 Act, the commission shall notify each examinee of the results of
31-14 the examination.
31-15 (d) If requested in writing by a person who fails a
31-16 licensing examination administered under this Act, the commission
31-17 shall furnish the person with an analysis of the person's
31-18 performance on the examination.
31-19 SECTION 27. Section 7.04, Texas Racing Act (Article 179e,
31-20 Vernon's Texas Civil Statutes), is amended to read as follows:
31-21 Sec. 7.04. Licenses; grounds for denial, revocation, and
31-22 suspension. The commission, after notice and hearing, may refuse
31-23 to issue any original or renewal license under this article or may
31-24 revoke or suspend the license if it has reasonable grounds to
31-25 believe and finds that:
31-26 (1) the applicant has been convicted in a court of
31-27 competent jurisdiction of a violation of this Act or of any rule
32-1 adopted by the commission or has aided, abetted, or conspired with
32-2 any person to commit such a violation;
32-3 (2) the applicant has been convicted of a felony or of
32-4 any crime involving moral turpitude that is reasonably related to
32-5 the applicant's present fitness to hold a license under this Act;
32-6 (3) the applicant has violated or has caused to be
32-7 violated this Act or a rule of the commission in a manner that
32-8 involves moral turpitude, as distinguished from a technical
32-9 violation of this Act or of a rule;
32-10 (4) the applicant is unqualified, by experience or
32-11 otherwise, to perform the duties required of a licensee under this
32-12 Act;
32-13 (5) the applicant failed to answer or has falsely or
32-14 incorrectly answered a question in an original or renewal
32-15 application;
32-16 (6) the applicant fails to disclose the true ownership
32-17 or interest in a greyhound or horse as required by the rules of the
32-18 commission;
32-19 (7) the applicant is indebted to the state for any
32-20 fees or for the payment of a penalty imposed by this Act or by a
32-21 rule of the commission;
32-22 (8) the applicant is not of good moral character or
32-23 the applicant's reputation as a peaceable, law-abiding citizen in
32-24 the community where the applicant resides is bad;
32-25 (9) the applicant is in the habit of using alcoholic
32-26 beverages to an excess or uses a controlled substance as defined in
32-27 Chapter 481, Health and Safety Code, or a dangerous drug as defined
33-1 in Chapter 483, Health and Safety Code or is mentally
33-2 incapacitated;
33-3 (10) the applicant may be excluded from a track
33-4 enclosure under Article 13 or 14 of this Act;
33-5 (11) the commission determines that the applicant has
33-6 improperly used a temporary pass, license certificate, credential,
33-7 or identification card issued under this Act;
33-8 (12) the applicant is residentially domiciled with a
33-9 person whose license has been revoked for cause within the 12
33-10 months immediately preceding the date of the present application;
33-11 (13) the applicant has failed or refused to furnish a
33-12 true copy of the application to the commission's district office in
33-13 the district in which the premises for which the permit is sought
33-14 are located; or
33-15 (14) the applicant is engaged or has engaged in
33-16 activities or practices that are detrimental to the best interests
33-17 of the public and the sport of horse racing or greyhound racing.
33-18 SECTION 28. Section 7.05, Texas Racing Act (Article 179e,
33-19 Vernon's Texas Civil Statutes), is amended to read as follows:
33-20 Sec. 7.05. License fees. (a) The commission shall adopt by
33-21 rule a fee schedule for licenses issued under this article.
33-22 (b) The commission shall base the license fees on the
33-23 relative or comparative incomes or property interests of the
33-24 various categories of licensees, with the lower income category of
33-25 licensees being charged nearer the minimum fee and the higher
33-26 income category of licensees charged nearer the maximum fee.
33-27 (c) In setting the fee schedule under Subsection (a) of this
34-1 section, the commission shall include the cost of criminal history
34-2 checks determined under Section 5.05 of this Act. The commission
34-3 may determine the best method for recouping this cost and complying
34-4 with the other provisions of this section, including collecting the
34-5 costs over an extended period.
34-6 SECTION 29. Section 7.07, Texas Racing Act (Article 179e,
34-7 Vernon's Texas Civil Statutes), is amended to read as follows:
34-8 Sec. 7.07. Term of license. (a) A license issued under
34-9 this article is valid for a period set by the commission not to
34-10 exceed 36 months following the date of its issuance. It is
34-11 renewable on application and payment of the fee in accordance with
34-12 the rules of the commission.
34-13 (b) The commission by rule may adopt a system under which
34-14 licenses expire on various dates during the year. For the year in
34-15 which the license expiration date is changed, license fees shall be
34-16 prorated on a monthly basis so that each licensee pays only that
34-17 portion of the license fee that is allocable to the number of
34-18 months during which the license is valid. On renewal of the
34-19 license on the new expiration date, the total license renewal fee
34-20 is payable.
34-21 SECTION 30. Article 7, Texas Racing Act (Article 179e,
34-22 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
34-23 to read as follows:
34-24 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
34-25 (a) The commission may waive any prerequisite to obtaining a
34-26 license for an applicant after reviewing the applicant's
34-27 credentials and determining that the applicant holds a valid
35-1 license from another state that has license requirements
35-2 substantially equivalent to those of this state.
35-3 (b) The commission may waive any prerequisite to obtaining a
35-4 license for an applicant with a valid license from another state
35-5 with which the State of Texas has a reciprocity agreement. The
35-6 commission may enter into reciprocal agreements with other states
35-7 to allow for licensing by reciprocity.
35-8 SECTION 31. Section 9.01, Texas Racing Act (Article 179e,
35-9 Vernon's Texas Civil Statutes), is amended to read as follows:
35-10 Sec. 9.01. Texas-bred horses. Subject to this Act and any
35-11 rule of the commission, the <The> state horse breed registries
35-12 shall make reasonable rules to establish the qualifications of
35-13 accredited Texas-bred horses to promote, develop, and improve the
35-14 breeding of horses in this state. Rules adopted by a registry are
35-15 subject to commission approval.
35-16 SECTION 32. Section 10.04, Texas Racing Act (Article 179e,
35-17 Vernon's Texas Civil Statutes), is amended to read as follows:
35-18 Sec. 10.04. Texas-bred greyhounds. Subject to this Act or
35-19 any rule of the commission, the <The> state greyhound breed
35-20 registry shall make reasonable rules to establish the
35-21 qualifications of accredited Texas-bred greyhounds to promote,
35-22 develop, and improve the breeding of greyhounds in this state.
35-23 Rules adopted by the registry are subject to commission approval.
35-24 SECTION 33. Section 11.04(c), Texas Racing Act (Article
35-25 179e, Vernon's Texas Civil Statutes), is amended to read as
35-26 follows:
35-27 (c) The commission shall adopt rules prohibiting an
36-1 association from accepting a wager made on credit and shall adopt
36-2 rules prohibiting automatic banking machines within the enclosure.
36-3 The commission shall prohibit patrons from using automated methods
36-4 for obtaining additional money while the patrons are on the
36-5 premises of the racetrack facility.
36-6 SECTION 34. Section 11.06, Texas Racing Act (Article 179e,
36-7 Vernon's Texas Civil Statutes), is amended to read as follows:
36-8 Sec. 11.06. Minors. <(a)> The commission shall adopt rules
36-9 to prohibit wagering by a minor <prevent wagering by persons who
36-10 have not yet attained the minimum age required to purchase
36-11 alcoholic beverages in this state> and to prohibit <prevent> a
36-12 child <person under 16 years of age> from entering the viewing
36-13 section of a racetrack unless accompanied by the child's <person's>
36-14 parent or guardian. The rules may except any conduct described as
36-15 an affirmative defense by Section 14.14 of this Act <A person who
36-16 intentionally, knowingly, recklessly, or with criminal negligence
36-17 violates a rule adopted under this section commits an offense. An
36-18 offense under this section is a Class B misdemeanor>.
36-19 <(b) A person commits an offense if the person intentionally
36-20 or knowingly engages in gaming at a racetrack when the person has
36-21 not yet attained the minimum age required to purchase alcoholic
36-22 beverages in this state. An offense under this subsection is a
36-23 Class C misdemeanor.>
36-24 SECTION 35. Section 11.09, Texas Racing Act (Article 179e,
36-25 Vernon's Texas Civil Statutes), is amended to read as follows:
36-26 Sec. 11.09. No liability to prosecution. The defense to
36-27 prosecution under Chapter 47, Penal Code, that the conduct was
37-1 authorized under this Act is available only to a person who is:
37-2 (1) <A person> lawfully conducting or participating in
37-3 the conduct of pari-mutuel wagering in connection with horse racing
37-4 or greyhound racing; or
37-5 (2) permitting the lawful conduct of an activity
37-6 described by Subdivision (1) of this section on any racetrack
37-7 facility <on any premises owned or leased by him or it under any
37-8 license lawfully issued under this Act is not liable to prosecution
37-9 for that conduct>.
37-10 SECTION 36. Article 12, Texas Racing Act (Article 179e,
37-11 Vernon's Texas Civil Statutes), is amended by adding Section 12.04
37-12 to read as follows:
37-13 Sec. 12.04. CITY-OPERATED RACETRACK. Subject to the
37-14 licensing requirements and other provisions of this Act, a city
37-15 with a population of 5,000 or more that owned a racetrack facility
37-16 in 1986 may conduct an annual race meeting if the meeting does not
37-17 exceed 16 racing days.
37-18 SECTION 37. Section 13.03, Texas Racing Act (Article 179e,
37-19 Vernon's Texas Civil Statutes), is amended to read as follows:
37-20 Sec. 13.03. CRIMINAL TRESPASS <Entry after ejection>.
37-21 <(a)> A person, for the purposes of Section 30.05, Penal Code, is
37-22 presumed to have received notice that entry to an enclosure was
37-23 forbidden if the person:
37-24 (1) was excluded or ejected from the enclosure under
37-25 this Act;
37-26 (2) possessed, displayed, or used in the enclosure a
37-27 credential that the person was not authorized to use; or
38-1 (3) entered the enclosure using a falsified
38-2 credential. <who has been excluded or ejected from an enclosure
38-3 under this article commits an offense if the person knowingly
38-4 enters an enclosure of the same or another licensed racetrack
38-5 unless the commission or a final judgment of a court has ordered
38-6 that the rule does not apply to the person.>
38-7 <(b) An offense under this section is a Class A misdemeanor.>
38-8 <(c) The provisions of Section 7.22, Penal Code, imposing
38-9 criminal responsibility on a corporation or association for an
38-10 offense committed by its agent apply to conduct constituting an
38-11 offense under this section that is performed by an agent of a
38-12 corporation or association.>
38-13 SECTION 38. Article 14, Texas Racing Act (Article 179e,
38-14 Vernon's Texas Civil Statutes), is amended to read as follows:
38-15 ARTICLE 14. CRIMINAL <TOUTING AND OTHER> OFFENSES
38-16 Sec. 14.01. Touting. (a) A person commits an offense if,
38-17 with an intent to deceive and an intent to obtain a benefit
38-18 <knowing the information is false>, the person knowingly makes a
38-19 false statement <or intentionally conveys> or offers, agrees to
38-20 convey, or conveys false information about a greyhound race or
38-21 horse race to another <others for compensation>.
38-22 (b) Except as provided by Subsection (c) of this section, an
38-23 offense under this section is a Class A misdemeanor <felony of the
38-24 third degree>.
38-25 (c) An offense under this section is a state jail felony <of
38-26 the second degree> if:
38-27 (1) the actor is a license holder under this Act or an
39-1 employee or member of the commission and the actor knowingly
39-2 represents that a member <an official> or employee of the
39-3 commission or a <of an association or an owner, trainer, jockey, or
39-4 other> person licensed by the commission is the source of the false
39-5 information; or
39-6 (2) the false statement or information was contained
39-7 in racing selection information provided to the public. <the actor
39-8 previously has been finally convicted of an offense under this
39-9 section or has been convicted of a felony for which the punishment
39-10 received was a suspended sentence, probation, or a nonadjudicated
39-11 conviction which has not yet been fully served.>
39-12 <(d) The provisions of Section 7.22, Penal Code, imposing
39-13 criminal responsibility on a corporation or association for an
39-14 offense committed by its agent apply to conduct constituting an
39-15 offense under this section that is performed by an agent of a
39-16 corporation or association.>
39-17 Sec. 14.02. Unlawful Possession or use of credential.
39-18 (a) A person commits an offense if the person knowingly or
39-19 intentionally possesses or displays a <license or> credential or
39-20 false credential that identifies <has been issued or purports to
39-21 have been issued by the commission and represents that> the person
39-22 as <is> the holder of the <license or> credential and <when> the
39-23 person knows:
39-24 (1) that the <license or> credential is not issued to
39-25 the person; or
39-26 (2) the person is not a license holder <if the person
39-27 impersonates in any way a person holding a license or credential
40-1 issued by the commission>.
40-2 (b) An offense under this section is a Class C misdemeanor
40-3 <felony of the third degree>.
40-4 <(c) The provisions of Section 7.22, Penal Code, imposing
40-5 criminal responsibility on a corporation or association for an
40-6 offense committed by its agent apply to conduct constituting an
40-7 offense under this section that is performed by an agent of a
40-8 corporation or association.>
40-9 Sec. 14.03. BOOKMAKING. A person commits an offense if the
40-10 person, inside or outside a racetrack facility, engages in
40-11 bookmaking, as defined by Section 47.01, Penal Code, involving
40-12 betting on the partial or final outcome of a live or simulcast race
40-13 presented by an association under this Act or commission rule.
40-14 <Illegal influence of race outcome><. (a) The commission shall
40-15 adopt rules prohibiting the illegal influencing of the outcome of a
40-16 race, including but not limited to the use of medication,
40-17 stimulants, or depressants to attempt to or to influence illegally
40-18 the outcome of a race.>
40-19 <(b) The commission may require prerace testing by any
40-20 invasive or noninvasive method or methods to determine whether such
40-21 a drug, chemical, or other substance has been administered. The
40-22 commission shall require postrace testing by such method or
40-23 methods. The commission shall adopt rules that require all such
40-24 tests to be conducted using state-of-the-art methods. On any
40-25 positive test showing the presence of prohibited drugs, chemicals,
40-26 or other substances, the stewards or racing judges may summarily
40-27 suspend any person who has administered or applied the drug,
41-1 chemical, or other substance or any electric device or spur pending
41-2 hearing by the stewards or judges with the right of appeal to the
41-3 commission. Such a suspension may be stayed, in the discretion of
41-4 the commission only, during the pendency of such appeal. In
41-5 addition, the stewards or racing judges may disqualify the affected
41-6 animal pursuant to rules adopted by the commission under this
41-7 section. The commission may require that urine samples be frozen
41-8 and maintained for a period that will enable veterinarians and
41-9 chemists to conduct follow-up tests to detect and identify
41-10 prohibited drugs. All other specimens shall be maintained for
41-11 testing purposes in the manner prescribed by the commission. In the
41-12 event a sample tests positive for a drug, chemical, or other
41-13 substance, all samples, including the split portion, shall be
41-14 maintained until the matter is finally adjudicated. A licensee
41-15 whose animal has tested positive for a drug, chemical, or other
41-16 substance is entitled to have a split portion of the sample tested
41-17 at a testing facility authorized to perform drug testing under
41-18 Section 3.07 of this Act and selected by the licensee. The
41-19 commission shall adopt rules regarding the procedure for the split
41-20 testing.>
41-21 <(c) The official licensed trainer of each such animal is
41-22 deemed by law to be the absolute insurer that no prohibited drug,
41-23 chemical, or other substance has been administered and shall be
41-24 responsible to see that such a drug, chemical, or other substance
41-25 is not administered.>
41-26 <(d) By applying for a license under this Act, each
41-27 occupational licensee consents to both prerace and postrace search
42-1 for the purpose of determining the presence of such a drug,
42-2 chemical, or other substance or of any electrical device or other
42-3 device that might have the effect of unnaturally depressing,
42-4 stimulating, or exciting any animal during a race. The commission
42-5 shall adopt rules relating to drug testing for occupational
42-6 licensees.>
42-7 <(e) A person who knowingly violates a rule adopted under
42-8 this section may be barred, either for a period set by the
42-9 commission or for life, from receiving any license under this Act
42-10 or may be barred for a period set by the commission or for life
42-11 from any premises licensed under this Act, or both.>
42-12 <(f) A person who knowingly violates a rule adopted under
42-13 this section commits a felony of the third degree for the first
42-14 offense and a felony of the second degree for a second or
42-15 subsequent offense.>
42-16 <(g) A person who gives, offers or promises to give, or
42-17 attempts to give or offer any money, bribe, or thing of value to
42-18 any jockey, trainer, owner, groom, or other person associated with
42-19 or interested in any stable, kennel, horse, or dog, or race in
42-20 which any horse or dog participates, with the intention or
42-21 understanding or agreement that such individual shall not use his
42-22 best efforts to win such race, or shall so conduct himself in such
42-23 race that any other participant shall thereby be assisted or
42-24 enabled to win such race, or shall so conduct himself in such race
42-25 as to limit his finishing or placing in such race commits an
42-26 offense. Such an offense is a felony of the third degree.>
42-27 <(h) A person who accepts, attempts to accept, offers to
43-1 accept, or agrees to accept any money, bribe, or thing of value,
43-2 with the intention or understanding or agreement that he will not
43-3 use his best efforts to win any horse or dog race, in which he is
43-4 the jockey, trainer, groom, owner, or other interested party or is
43-5 about to participate in, or will so conduct himself in such race
43-6 that any other horse or dog shall thereby be assisted or enabled to
43-7 win such race, or will so conduct himself in such race as to limit
43-8 his finishing or placing in such race commits an offense. Such an
43-9 offense is a felony of the third degree.>
43-10 <(i) A person who gives, offers to give, promises to give,
43-11 or attempts to give any money, bribe, or thing of value to any
43-12 person who is presiding or officiating at or who is about to
43-13 preside or officiate at any dog or horse race with the intention or
43-14 agreement or understanding that such person shall corruptly or
43-15 dishonestly preside or officiate at any such race with the
43-16 intention or purpose that the result of the race will be affected
43-17 or influenced thereby commits an offense. Such an offense is a
43-18 felony of the third degree.>
43-19 Sec. 14.04. Illegal access. (a) A person commits an
43-20 offense if the person is a license holder and the person <licensee
43-21 who> knowingly or intentionally permits, facilitates, or allows
43-22 access to an enclosure to another person who the person knows:
43-23 (1) <where races are conducted to a person who> has
43-24 engaged in bookmaking, touting, or illegal wagering;
43-25 (2) derives<, whose> income <is> from illegal
43-26 activities or enterprises;
43-27 (3) <, or who> has been convicted of a violation of
44-1 this Act; or
44-2 (4) is excluded by the commission from entering a
44-3 racetrack facility<, commits an offense>.
44-4 (b) An offense under this section is a Class B misdemeanor
44-5 <felony of the third degree>.
44-6 Sec. 14.05. Races conducted on certain Indian lands. (a) A
44-7 person who is subject to this section commits an offense if the
44-8 person intentionally or knowingly wagers on the result of a
44-9 greyhound race or horse race conducted in this state that:
44-10 (1) is held on an American Indian reservation or on
44-11 American Indian trust land located in this state; and
44-12 (2) is not held under the supervision of the
44-13 commission under rules adopted under this Act.
44-14 (b) An offense under this section is a felony of the third
44-15 degree.
44-16 (c) It is an exception to the application of this section
44-17 that the person is a member of a recognized Texas Indian tribe who
44-18 lives on a reservation or on trust lands located in this state.
44-19 Sec. 14.06. False statements. (a) A person commits an
44-20 offense if the person <intentionally,> knowingly<, recklessly, or
44-21 with criminal negligence> makes a material and false, incorrect, or
44-22 deceptive statement to another who is conducting an investigation
44-23 or exercising discretion under this Act or a commission rule
44-24 <adopted under this Act>.
44-25 (b) In this section, the <The> term "statement" means a
44-26 representation of fact and includes<, but is not limited to>:
44-27 (1) a written or oral statement <statements>; or
45-1 (2) a sworn or unsworn statement <statements>.
45-2 (c) An offense under this section is a state jail felony
45-3 unless the statement was material in a commission action relating
45-4 to a racetrack license, in which event, the offense is a felony of
45-5 the third degree.
45-6 Sec. 14.07. HINDERING OF ENTRY OR SEARCH. (a) A person
45-7 commits an offense if the person <intentionally, knowingly,
45-8 recklessly, or> with criminal negligence refuses, denies, or
45-9 hinders entry to another who is exercising or attempting to
45-10 exercise a power of entry under this Act or a commission rule.
45-11 (b) A person commits an offense if the person with criminal
45-12 negligence refuses, denies, hinders, interrupts, disrupts, impedes,
45-13 or otherwise interferes with a search by a person exercising or
45-14 attempting to exercise a power to search under this Act or a
45-15 commission rule.
45-16 (c) <(b)> An offense under this section is a Class B
45-17 misdemeanor.
45-18 Sec. 14.08. FORGING PARI-MUTUEL TICKET. (a) A person
45-19 commits an offense if the person intentionally or knowingly forges
45-20 a pari-mutuel ticket with the intent to defraud or harm another.
45-21 (b) In this section, "forge" has the meaning assigned by
45-22 Section 32.21, Penal Code.
45-23 (c) An offense under this section is a felony of the third
45-24 degree.
45-25 Sec. 14.09. IMPERSONATING A LICENSE HOLDER. (a) A person
45-26 commits an offense if the person impersonates a license holder with
45-27 the intent to induce another person to submit to the actor's
46-1 purported authority as a license holder or to rely on the actor's
46-2 actions as an alleged license holder.
46-3 (b) An offense under this section is a Class A misdemeanor.
46-4 Sec. 14.10. UNLAWFUL INFLUENCE ON RACING. (a) A person
46-5 commits an offense if the person possesses a prohibited device or
46-6 substance on a racetrack facility.
46-7 (b) An offense under Subsection (a) of this section is a
46-8 state jail felony, unless the actor possessed the device or
46-9 substance with the intent to influence or affect the outcome of a
46-10 horse or greyhound race in a manner contrary to this Act or a
46-11 commission rule, in which event it is a felony of the third degree.
46-12 (c) A person commits an offense if, with the intent to
46-13 influence or affect a horse or greyhound race in a manner contrary
46-14 to this Act or a commission rule, the person:
46-15 (1) uses or offers to use a prohibited device; or
46-16 (2) uses or offers to use a prohibited substance.
46-17 (d) An offense under Subsection (c) of this section is a
46-18 state jail felony.
46-19 Sec. 14.11. BRIBERY AND CORRUPT INFLUENCE. (a) A person
46-20 commits an offense if, with the intent to influence or affect the
46-21 outcome of a race in a manner contrary to this Act or a commission
46-22 rule, the person offers, confers, agrees to confer on another, or
46-23 solicits, accepts, or agrees to accept from another person any
46-24 benefit as consideration for the actions of a person who receives
46-25 the benefit relating to the conduct, decision, opinion,
46-26 recommendation, vote, or exercise of discretion as a license holder
46-27 or other person associated with or interested in any stable,
47-1 kennel, horse, greyhound, or horse or greyhound race.
47-2 (b) An offense under this section is a state jail felony,
47-3 unless the recipient of the benefit is a steward, judge, or other
47-4 racetrack official exercising authority over a horse or greyhound
47-5 race that the person providing or offering the benefit intended to
47-6 influence, in which event it is a felony of the third degree.
47-7 Sec. 14.12. COERCION AND INTIMIDATION. (a) A person commits
47-8 an offense if, with the intent to influence or affect the outcome
47-9 of a race in a manner contrary to this Act or a commission rule,
47-10 the person coerces or threatens to harm another with the intent to:
47-11 (1) induce another not to use the person's best
47-12 efforts; or
47-13 (2) affect the recipient's conduct, decision, opinion,
47-14 recommendation, vote, or other exercise of discretion as a license
47-15 holder or any person associated with or interested in any stable,
47-16 kennel, horse, greyhound, or horse or greyhound race.
47-17 (b) Except as provided by Subsection (c) of this section, an
47-18 offense under this section is a state jail felony.
47-19 (c) An offense under this section is a felony of the third
47-20 degree if:
47-21 (1) the actor is a steward, judge, or other racetrack
47-22 official exercising authority over the horse or greyhound race the
47-23 actor intended to influence; or
47-24 (2) the person threatened is a steward, judge, or
47-25 other racetrack official exercising authority over the race the
47-26 actor intended to influence.
47-27 Sec. 14.13. CRIMINAL CONFLICT OF INTEREST. A person who is
48-1 a member of the commission commits an offense if the person:
48-2 (1) accepts, directly or indirectly, employment or
48-3 remuneration from a racetrack facility, association, or other
48-4 license holder, including a facility, association, or license
48-5 holder located or residing in another state;
48-6 (2) wagers or causes a wager to be placed on the
48-7 outcome of a horse or greyhound race conducted in this state; or
48-8 (3) accepts or is entitled to any part of a purse to
48-9 be paid to an animal in a race conducted in this state.
48-10 Sec. 14.14. OFFENSES INVOLVING A MINOR. (a) A person
48-11 commits an offense if the person with criminal negligence permits,
48-12 facilitates, or allows:
48-13 (1) wagering by a minor at a racetrack facility; or
48-14 (2) entry by a child to the viewing section of a
48-15 racetrack facility.
48-16 (b) An offense under Subsection (a) of this section is a
48-17 Class B misdemeanor.
48-18 (c) A person commits an offense if the person is a minor and
48-19 intentionally or knowingly engages in wagering at a racetrack.
48-20 (d) An offense under Subsection (c) of this section is a
48-21 Class C misdemeanor.
48-22 (e) It is an affirmative defense to prosecution of an
48-23 offense under this section that a child was accompanied by and was
48-24 in the physical presence of a parent, guardian, or spouse who was
48-25 18 years of age or older.
48-26 (f) It is an affirmative defense to prosecution of an
48-27 offense under Subsection (a) of this section that the minor falsely
49-1 represented the minor's age by displaying to the person an
49-2 apparently valid Texas driver's license or identification card
49-3 issued by the department that contains a physical description
49-4 consistent with the minor's appearance.
49-5 Sec. 14.15. UNLAWFUL RACING. A person commits an offense
49-6 if:
49-7 (1) the person participates, permits, or conducts a
49-8 greyhound or horse race at a licensed racetrack facility;
49-9 (2) the person wagers on the partial or final outcome
49-10 of the horse or greyhound race or knows or reasonably should know
49-11 that another is betting on the partial or final outcome of the
49-12 race; and
49-13 (3) the race is not part of a performance or meeting
49-14 conducted under this Act or commission rule.
49-15 Sec. 14.16. PARI-MUTUEL RACING WITHOUT LICENSE. (a) A
49-16 person commits an offense if, without a license, the person
49-17 participates or is otherwise involved in, in any capacity,
49-18 greyhound racing or horse racing with pari-mutuel wagering.
49-19 (b) It is an affirmative defense to prosecution under
49-20 Subsection (a) of this section that the actor was a spectator or a
49-21 person placing a wager.
49-22 (c) An offense under Subsection (a) of this section is a
49-23 Class A misdemeanor, unless the actor was required by this Act to
49-24 obtain a racetrack license, in which event it is a state jail
49-25 felony.
49-26 (d) A person commits an offense if the person:
49-27 (1) holds a racetrack license;
50-1 (2) conducts a greyhound or horse race with
50-2 pari-mutuel wagering; and
50-3 (3) knows or reasonably should know that another
50-4 person is illegally wagering on the final or partial outcome of the
50-5 race.
50-6 Sec. 14.17. RACING WITHOUT LICENSE. (a) A person commits an
50-7 offense if the person:
50-8 (1) conducts a greyhound or horse race without a
50-9 racetrack license; and
50-10 (2) knows or reasonably should know that another
50-11 person is betting on the final or partial outcome of the race.
50-12 (b) An offense under this section is a felony of the third
50-13 degree.
50-14 Sec. 14.18. FAILURE TO DISPLAY CREDENTIAL. (a) A person
50-15 commits an offense if the person intentionally or knowingly:
50-16 (1) fails or refuses to display a credential to
50-17 another after a lawful request; or
50-18 (2) fails or refuses to give the person's name,
50-19 residence address, or date of birth to another after a lawful
50-20 request.
50-21 (b) In this section, "lawful request" means a request from
50-22 the commission, an authorized agent of the commission, the director
50-23 or a commissioned officer of the Texas Department of Public Safety,
50-24 a peace officer, or a steward or judge at any time and any
50-25 restricted location that:
50-26 (1) is on a racetrack facility; and
50-27 (2) is not a public place.
51-1 (c) Except as provided by Subsection (d) of this section, an
51-2 offense under this section is a Class B misdemeanor.
51-3 (d) At the punishment stage of a trial for an offense under
51-4 Subsection (a)(1) of this section the defendant may raise an issue
51-5 as to whether the defendant was a license holder at the time of the
51-6 offense. If the defendant proves the issue, the offense is a Class
51-7 C misdemeanor.
51-8 Sec. 14.19. SEARCH AND SEIZURE. (a) A person consents to a
51-9 search at a time and location described in Subsection (b) of this
51-10 section for a prohibited device, substance, or other contraband if
51-11 the person:
51-12 (1) accepts a license or other credential issued under
51-13 this Act; or
51-14 (2) enters a racetrack facility under the authority of
51-15 a license or other credential alleged to have been issued under
51-16 this Act.
51-17 (b) A search may be conducted by a member of the commission,
51-18 an authorized agent of the commission, a commissioned officer of
51-19 the Texas Department of Public Safety, a peace officer, or a
51-20 steward or judge at any time and at any location that is on a
51-21 racetrack facility, except a location:
51-22 (1) excluded by commission rule from searches under
51-23 this section; or
51-24 (2) provided by an association under commission rule
51-25 for private storage of personal items belonging to a license holder
51-26 entering a racetrack facility.
51-27 (c) A person conducting a search under Subsection (b) of
52-1 this section may seize any prohibited device, substance, or other
52-2 contraband discovered during the search.
52-3 Sec. 14.20. PROSECUTION. A person who is subject to
52-4 prosecution for a penal offense under this Act and another law may
52-5 be prosecuted under either law.
52-6 Sec. 14.21. COMMISSION AUTHORITY. This article may not be
52-7 construed to restrict the commission's administrative authority to
52-8 enforce this Act or commission rules to the fullest extent
52-9 authorized by this Act.
52-10 SECTION 39. Section 15.01, Texas Racing Act (Article 179e,
52-11 Vernon's Texas Civil Statutes), is amended to read as follows:
52-12 Sec. 15.01. GENERAL PENALTY. If <With regard to any
52-13 provision of this Act that is a penal offense, if> no specific
52-14 penalty is provided for a provision of this Act that is a penal
52-15 offense, a person who violates the <such a> provision commits a
52-16 state jail felony <of the third degree>.
52-17 SECTION 40. Section 18.01(a), Texas Racing Act (Article
52-18 179e, Vernon's Texas Civil Statutes), is amended to read as
52-19 follows:
52-20 (a) The Texas Racing Commission is subject to Chapter 325,
52-21 Government Code (Texas Sunset Act). Unless continued in existence
52-22 as provided by that chapter, and except as provided by Subsections
52-23 (b) and (c) of this section, the commission is abolished and this
52-24 Act expires September 1, 2001 <1995>.
52-25 SECTION 41. Article 18, Texas Racing Act (Article 179e,
52-26 Vernon's Texas Civil Statutes), is amended by adding Section 18.08
52-27 to read as follows:
53-1 Sec. 18.08. DISTANCE LEARNING. The commission may provide
53-2 assistance to members of the racing industry who are attempting to
53-3 develop or implement adult or continuing education programs that
53-4 use distance learning.
53-5 SECTION 42. Section 481.172, Government Code, is amended to
53-6 read as follows:
53-7 Sec. 481.172. Duties. The department shall:
53-8 (1) promote and advertise within the United States and
53-9 in foreign countries, by radio, television, newspaper, and other
53-10 means considered appropriate, tourism in this state by non-Texans,
53-11 including persons from foreign countries, and distribute
53-12 promotional materials through appropriate agencies, including the
53-13 United States Travel and Tourism Agency;
53-14 (2) encourage travel by Texans to this state's scenic,
53-15 historical, natural, agricultural, educational, recreational, and
53-16 other attractions;
53-17 (3) coordinate and stimulate orderly and accelerated
53-18 development of tourist attractions throughout this state;
53-19 (4) conduct a public relations campaign to create a
53-20 responsible and accurate national and international image of this
53-21 state;
53-22 (5) cooperate fully with the Parks and Wildlife
53-23 Department in all matters relating to promotion of tourism;
53-24 (6) cooperate with the State Highway and Public
53-25 Transportation Commission in the administration of the commission's
53-26 collateral program of highway map distribution and operation of
53-27 travel information bureaus and other tourist-related functions of
54-1 the commission; <and>
54-2 (7) encourage communities, organizations, and
54-3 individuals in this state to cooperate with its program by their
54-4 activities and use of their own funds and collaborate with those
54-5 organizations and other governmental entities in the pursuit of the
54-6 objectives of this subchapter; and
54-7 (8) promote and encourage the horse racing and
54-8 greyhound racing industry, if funds are appropriated for the
54-9 promotion or encouragement.
54-10 SECTION 43. Sections 2.07, 3.01, 11.04(d), 15.02, and 18.02,
54-11 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
54-12 repealed.
54-13 SECTION 44. (a) This Act takes effect September 1, 1995.
54-14 (b) The changes in law made by this Act relating to the
54-15 qualifications and appointment of members to the Texas Racing
54-16 Commission do not affect the entitlement of a member of the
54-17 commission serving immediately before the effective date of this
54-18 Act to continue to serve on the commission for the term to which
54-19 the member was appointed. As the terms of members of the
54-20 commission expire or as vacancies on the commission occur, the
54-21 governor shall make appointments to the commission to achieve as
54-22 soon as possible the membership plan prescribed for the commission
54-23 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
54-24 Statutes), as amended by this Act.
54-25 (c) The Texas Racing Commission shall review all of the
54-26 rules of the commission before January 1, 1998. The commission,
54-27 following the review, shall readopt, modify, or repeal the rules
55-1 before January 1, 1998.
55-2 (d) The authority for rulemaking and licensing and for any
55-3 action relating exclusively to horse racing or exclusively to
55-4 greyhound racing that was granted to a separate section of the
55-5 Texas Racing Commission is transferred to the Texas Racing
55-6 Commission.
55-7 SECTION 45. (a) The changes in law made by this Act apply
55-8 only to an offense committed on or after the effective date of this
55-9 Act. For purposes of this section, an offense is committed before
55-10 the effective date of this Act if any element of the offense occurs
55-11 before the effective date.
55-12 (b) An offense committed before the effective date of this
55-13 Act is covered by the law in effect when the offense was committed,
55-14 and the former law is continued in effect for this purpose.
55-15 SECTION 46. The importance of this legislation and the
55-16 crowded condition of the calendars in both houses create an
55-17 emergency and an imperative public necessity that the
55-18 constitutional rule requiring bills to be read on three several
55-19 days in each house be suspended, and this rule is hereby suspended.