By Gray, Black, Wilson H.B. No. 1305
74R5724 CAG-D
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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.02, Texas Racing Act (Article 179e,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 1.02. Purposes. The purpose <purposes> of this Act is
1-9 <are> to <encourage agriculture, the horse-breeding industry, the
1-10 horse-training industry, the greyhound-breeding industry, tourism,
1-11 and employment opportunities in this state related to horse racing
1-12 and greyhound racing and to> provide for the strict regulation of
1-13 horse racing and greyhound racing and the control of pari-mutuel
1-14 wagering in connection with that racing.
1-15 SECTION 2. Section 2.02, Texas Racing Act (Article 179e,
1-16 Vernon's Texas Civil Statutes), is amended to read as follows:
1-17 Sec. 2.02. Membership. (a) The commission consists of six
1-18 members appointed by the governor with the advice and consent of
1-19 the senate and two ex officio members who shall have the right to
1-20 vote. The ex officio members are the chairman of the Public Safety
1-21 Commission and the comptroller of public accounts. <In making
1-22 appointments to the commission, the governor shall strive to
1-23 achieve representation by all the population groups of the state
1-24 with regard to economic status, sex, race, and ethnicity.>
2-1 (b) Appointments to the commission shall be made without
2-2 regard to the race, color, disability, sex, religion, age, or
2-3 national origin of the appointees. <One appointed member must be a
2-4 veterinarian licensed to practice in this state who specializes in
2-5 the treatment of small animals. One appointed member must be a
2-6 veterinarian licensed to practice in this state who specializes in
2-7 the treatment of large animals. Two appointed members must be
2-8 individuals who are not veterinarians and who have special
2-9 knowledge or experience related to greyhound racing. Two appointed
2-10 members must be individuals who are not veterinarians and who have
2-11 special knowledge or experience related to horse racing.>
2-12 <(c) In making appointments to the commission, the governor
2-13 shall attempt to reflect the minority groups found in the state's
2-14 general populace.>
2-15 SECTION 3. Section 2.03, Texas Racing Act (Article 179e,
2-16 Vernon's Texas Civil Statutes), is amended to read as follows:
2-17 Sec. 2.03. Term of office. (a) Appointed <Except for the
2-18 initial appointments, appointed> members hold office for staggered
2-19 terms of six years with two members' terms expiring February 1 of
2-20 each odd-numbered year. A member holds office until that member's
2-21 successor is appointed and qualifies.
2-22 (b) <In making the initial appointments, the governor shall
2-23 designate two appointed members for a term expiring February 1,
2-24 1989, two for a term expiring February 1, 1991, and two for a term
2-25 expiring February 1, 1993. The governor shall make the initial
2-26 appointments on or before February 1, 1987.>
2-27 <(c)> The ex officio members hold office on the commission
3-1 for the time for which they hold their other offices.
3-2 SECTION 4. Section 2.05, Texas Racing Act (Article 179e,
3-3 Vernon's Texas Civil Statutes), is amended to read as follows:
3-4 Sec. 2.05. Eligibility. (a) The appointed members of the
3-5 commission must be representatives of the general public and have
3-6 general knowledge of business or agribusiness. A person is not
3-7 eligible for appointment as a public member of the commission if
3-8 the person or the person's spouse:
3-9 (1) is registered, certified, or licensed by the
3-10 commission, except as a commissioner;
3-11 (2) is employed by the commission or participates in
3-12 the management of a business entity or other organization regulated
3-13 by the commission or receiving funds from the commission;
3-14 (3) owns or controls, directly or indirectly, more
3-15 than a 10 percent interest in a business entity or other
3-16 organization regulated by the commission or receiving funds from
3-17 the commission; or
3-18 (4) uses or receives a substantial amount of tangible
3-19 goods, services, or funds from the commission, other than
3-20 compensation or reimbursement authorized by law for commission
3-21 membership, attendance, or expenses.
3-22 (b) A person is not eligible to be an appointed member of
3-23 the commission if that person owns any financial interest in a
3-24 racetrack or its operation or if that person is related within the
3-25 second degree by affinity or the third degree by consanguinity, as
3-26 determined under Subchapter B, Chapter 573, Government Code
3-27 <Article 5996h, Revised Statutes>, to a person who owns any
4-1 financial interest in a racetrack or its operation.
4-2 (c) Each person appointed to or employed by the commission
4-3 is subject to all background checks and qualification criteria
4-4 required to hold a racetrack license or other license under this
4-5 Act.
4-6 (d) A person who has been convicted of a felony or of any
4-7 crime involving moral turpitude is not eligible for appointment to
4-8 the commission.
4-9 SECTION 5. Article 2, Texas Racing Act (Article 179e,
4-10 Vernon's Texas Civil Statutes), is amended by adding Sections
4-11 2.071-2.074 to read as follows:
4-12 Sec. 2.071. CONFLICT OF INTEREST. (a) An officer,
4-13 employee, or paid consultant of a Texas trade association in the
4-14 field of horse or greyhound racing or breeding may not be a member
4-15 of the commission or employee of the commission who is exempt from
4-16 the state's position classification plan or is compensated at or
4-17 above the amount prescribed by the General Appropriations Act for
4-18 step 1, salary group 12, of the position classification salary
4-19 schedule.
4-20 (b) A person who is the spouse of an officer, manager, or
4-21 paid consultant of such a Texas trade association may not be a
4-22 member of the commission and may not be an employee of the
4-23 commission who is exempt from the state's position classification
4-24 plan or is compensated at or above the amount prescribed by the
4-25 General Appropriations Act for step 1, salary group 12, of the
4-26 position classification salary schedule.
4-27 (c) For the purposes of this section, a Texas trade
5-1 association is a nonprofit, cooperative, and voluntarily joined
5-2 association of business or professional competitors in this state
5-3 designed to assist its members and its industry or profession in
5-4 dealing with mutual business or professional problems and in
5-5 promoting their common interest.
5-6 Sec. 2.072. LOBBYIST RESTRICTION. A person may not serve as
5-7 a member of the commission or act as the general counsel to the
5-8 commission if the person is required to register as a lobbyist
5-9 under Chapter 305, Government Code, because of the person's
5-10 activities for compensation on behalf of a profession related to
5-11 the operation of the commission.
5-12 Sec. 2.073. GROUNDS FOR REMOVAL. (a) It is a ground for
5-13 removal from the commission if a member:
5-14 (1) does not have at the time of appointment the
5-15 qualifications required by Section 2.02, 2.04, or 2.05 of this Act;
5-16 (2) does not maintain during service on the commission
5-17 the qualifications required by Section 2.02 or 2.05 of this Act;
5-18 (3) violates a prohibition established by Section
5-19 2.05, 2.07, 2.071, or 2.072 of this Act;
5-20 (4) cannot because of illness or disability discharge
5-21 the member's duties for a substantial part of the term for which
5-22 the member is appointed; or
5-23 (5) is absent from more than half of the regularly
5-24 scheduled commission meetings that the member is eligible to attend
5-25 during a calendar year unless the absence is excused by majority
5-26 vote of the commission.
5-27 (b) The validity of an action of the commission is not
6-1 affected by the fact that it is taken when a ground for removal of
6-2 a commission member exists.
6-3 (c) If the executive secretary has knowledge that a
6-4 potential ground for removal exists, the executive secretary shall
6-5 notify the presiding officer of the commission of the potential
6-6 ground. The presiding officer shall then notify the governor and
6-7 the attorney general that a potential ground for removal exists.
6-8 If the potential ground for removal involves the presiding officer,
6-9 the executive secretary shall notify the next highest officer of
6-10 the commission, who shall notify the governor and the attorney
6-11 general that a potential ground for removal exists.
6-12 Sec. 2.074. MEMBER TRAINING. (a) Before a member of the
6-13 commission may assume the member's duties and before the member may
6-14 be confirmed by the senate, the member must complete at least one
6-15 course of the training program established under this section.
6-16 (b) A training program established under this section shall
6-17 provide information to the member regarding:
6-18 (1) the enabling legislation that created the
6-19 commission;
6-20 (2) the programs operated by the agency;
6-21 (3) the role and functions of the agency;
6-22 (4) the rules of the agency with an emphasis on the
6-23 rules that relate to disciplinary and investigatory authority;
6-24 (5) the current budget for the agency;
6-25 (6) the results of the most recent formal audit of the
6-26 agency;
6-27 (7) the requirements of the:
7-1 (A) open meetings law, Chapter 551, Government
7-2 Code;
7-3 (B) open records law, Chapter 552, Government
7-4 Code; and
7-5 (C) administrative procedure law, Chapter 2001,
7-6 Government Code;
7-7 (8) the requirements of the conflict of interest laws
7-8 and other laws relating to public officials; and
7-9 (9) any applicable ethics policies adopted by the
7-10 agency or the Texas Ethics Commission.
7-11 SECTION 6. Section 2.10, Texas Racing Act (Article 179e,
7-12 Vernon's Texas Civil Statutes), is amended to read as follows:
7-13 Sec. 2.10. PRESIDING OFFICER <CHAIRMAN>. The governor shall
7-14 designate a <one> member of the commission as the presiding officer
7-15 <chairman> of the commission to serve in that capacity at the
7-16 pleasure of the governor.
7-17 SECTION 7. Section 2.11, Texas Racing Act (Article 179e,
7-18 Vernon's Texas Civil Statutes), is amended by amending Subsection
7-19 (b) and adding Subsection (d) to read as follows:
7-20 (b) A majority of the commission constitutes a quorum. <A
7-21 majority of a section of the commission constitutes a quorum for
7-22 purposes of conducting business related to matters under the
7-23 exclusive jurisdiction of that section.>
7-24 (d) The commission shall develop and implement policies that
7-25 provide the public with a reasonable opportunity to appear before
7-26 the commission and to speak on any issue under the jurisdiction of
7-27 the commission.
8-1 SECTION 8. Article 2, Texas Racing Act (Article 179e,
8-2 Vernon's Texas Civil Statutes), is amended by adding Sections
8-3 2.17-2.25 to read as follows:
8-4 Sec. 2.17. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
8-5 commission is subject to the open meetings law, Chapter 551,
8-6 Government Code, and the administrative procedure law, Chapter
8-7 2001, Government Code.
8-8 Sec. 2.18. ANNUAL ACCOUNTING. The commission shall prepare
8-9 annually a complete and detailed written report accounting for all
8-10 funds received and disbursed by the commission during the preceding
8-11 fiscal year. The annual report must meet the reporting
8-12 requirements applicable to financial reporting provided in the
8-13 General Appropriations Act.
8-14 Sec. 2.19. FUNDS PAID TO COMMISSION. All money paid to the
8-15 commission under this Act is subject to Subchapter F, Chapter 404,
8-16 Government Code.
8-17 Sec. 2.20. EMPLOYMENT PRACTICES. (a) The executive
8-18 secretary or the executive secretary's designee shall develop an
8-19 intra-agency career ladder program that addresses opportunities for
8-20 mobility and advancement for employees within the commission. The
8-21 program shall require intra-agency posting of all positions
8-22 concurrently with any public posting.
8-23 (b) The executive secretary or the executive secretary's
8-24 designee shall develop a system of annual performance evaluations
8-25 that are based on documented employee performance. All merit pay
8-26 for commission employees must be based on the system established
8-27 under this subsection.
9-1 (c) The executive secretary or the executive secretary's
9-2 designee shall prepare and maintain a written policy statement to
9-3 assure implementation of a program of equal employment opportunity
9-4 under which all personnel transactions are made without regard to
9-5 race, color, disability, sex, religion, age, or national origin.
9-6 The policy statement must include:
9-7 (1) personnel policies, including policies relating to
9-8 recruitment, evaluation, selection, appointment, training, and
9-9 promotion of personnel that are in compliance with the requirements
9-10 of Chapter 21, Labor Code;
9-11 (2) a comprehensive analysis of the commission
9-12 workforce that meets federal and state guidelines;
9-13 (3) procedures by which a determination can be made
9-14 about the extent of underuse in the commission workforce of all
9-15 persons for whom federal or state guidelines encourage a more
9-16 equitable balance; and
9-17 (4) reasonable methods to appropriately address those
9-18 areas of underuse.
9-19 (d) A policy statement prepared under Subsection (c) of this
9-20 section must cover an annual period, be updated annually and
9-21 reviewed by the Texas Commission on Human Rights for compliance
9-22 with Subsection (c)(1) of this section, and be filed with the
9-23 governor's office.
9-24 (e) The governor's office shall deliver a biennial report to
9-25 the legislature based on the information received under Subsection
9-26 (d) of this section. The report may be made separately or as a
9-27 part of other biennial reports made to the legislature.
10-1 Sec. 2.21. STANDARDS OF CONDUCT. The executive secretary or
10-2 the executive secretary's designee shall provide to members of the
10-3 commission and to agency employees, as often as necessary,
10-4 information regarding their qualification for office or employment
10-5 under this Act and their responsibilities under applicable laws
10-6 relating to standards of conduct for state officers or employees.
10-7 Sec. 2.22. DIVISION OF RESPONSIBILITY. The commission shall
10-8 develop and implement policies that clearly separate the
10-9 policymaking responsibilities of the commission and the management
10-10 responsibilities of the executive secretary and the staff of the
10-11 commission.
10-12 Sec. 2.23. PROGRAM AND FACILITY ACCESSIBILITY. The
10-13 commission shall comply with federal and state laws related to
10-14 program and facility accessibility. The executive secretary shall
10-15 also prepare and maintain a written plan that describes how a
10-16 person who does not speak English can be provided reasonable access
10-17 to the commission's programs and services.
10-18 Sec. 2.24. INFORMATION TO PUBLIC. (a) The commission shall
10-19 prepare information of public interest describing the functions of
10-20 the commission and the procedures by which complaints are filed
10-21 with and resolved by the commission. The commission shall make the
10-22 information available to the public and appropriate state agencies.
10-23 (b) The commission by rule shall establish methods by which
10-24 racetrack patrons are notified of the name, mailing address, and
10-25 telephone number of the commission for the purpose of directing
10-26 complaints to the commission. The commission may provide for that
10-27 notification:
11-1 (1) on every race performance program provided by each
11-2 racetrack association; or
11-3 (2) on signs prominently displayed in the common
11-4 public areas on the premises of each racetrack association.
11-5 Sec. 2.25. COMPLAINT HANDLING. (a) The commission shall
11-6 keep information about each complaint filed with the commission.
11-7 The information shall include:
11-8 (1) the date the complaint is received;
11-9 (2) the name of the complainant;
11-10 (3) the subject matter of the complaint;
11-11 (4) a record of all persons contacted in relation to
11-12 the complaint;
11-13 (5) a summary of the results of the review or
11-14 investigation of the complaint; and
11-15 (6) for complaints for which the agency took no
11-16 action, an explanation of the reason the complaint was closed
11-17 without action.
11-18 (b) The commission shall keep a file about each written
11-19 complaint filed with the commission that the agency has authority
11-20 to resolve. The commission shall provide to the person filing the
11-21 complaint and the persons or entities complained about the
11-22 commission's policies and procedures pertaining to complaint
11-23 investigation and resolution. The commission, at least quarterly
11-24 and until final disposition of the complaint, shall notify the
11-25 person filing the complaint and the persons or entities complained
11-26 about of the status of the complaint unless the notice would
11-27 jeopardize an undercover investigation.
12-1 SECTION 9. Section 3.01, Texas Racing Act (Article 179e,
12-2 Vernon's Texas Civil Statutes), is amended to read as follows:
12-3 Sec. 3.01. COMMISSION ACTIONS <SECTIONS>. <(a)> For the
12-4 purposes of rulemaking and licensing and for any action relating
12-5 exclusively to horse racing or <exclusively> to greyhound racing,
12-6 the commission shall <operate as separate sections.>
12-7 <(b) For issues related to greyhound racing, the
12-8 veterinarian member who specializes in the treatment of small
12-9 animals, the members who have special knowledge or experience
12-10 related to greyhound racing, and the two ex officio members shall
12-11 exercise exclusive jurisdiction. For issues related to horse
12-12 racing, the veterinarian member who specializes in the treatment of
12-13 large animals, the members who have special knowledge or experience
12-14 related to horse racing, and the two ex officio members shall
12-15 exercise exclusive jurisdiction.>
12-16 <(c) On matters of general application to both greyhound and
12-17 horse racing, the commission shall> act as a single body.
12-18 SECTION 10. Section 3.021, Texas Racing Act (Article 179e,
12-19 Vernon's Texas Civil Statutes), is amended by amending Subsection
12-20 (b) and adding Subsection (d) to read as follows:
12-21 (b) To protect the health, safety, and welfare of race
12-22 animals and participants in racing, to safeguard the interest of
12-23 the general public, and to promote the orderly <growth and> conduct
12-24 of racing within the state, the commission may adopt rules for the
12-25 licensing and regulation of races and workouts at racetracks that
12-26 do not offer pari-mutuel wagering and for workouts at training
12-27 facilities to secure past performances and workouts.
13-1 (d) The commission may not adopt rules restricting
13-2 competitive bidding or advertising by a licensee except to prohibit
13-3 false, misleading, or deceptive practices. In its rules to
13-4 prohibit false, misleading, or deceptive practices, the commission
13-5 may not include a rule that:
13-6 (1) restricts the use of any medium for advertising;
13-7 (2) restricts the use of a licensee's personal
13-8 appearance or voice in an advertisement;
13-9 (3) relates to the size or duration of an
13-10 advertisement by the licensee; or
13-11 (4) restricts the licensee's advertisement under a
13-12 trade name.
13-13 SECTION 11. Section 3.07(a), Texas Racing Act (Article 179e,
13-14 Vernon's Texas Civil Statutes), is amended to read as follows:
13-15 (a) Each horse race or greyhound race meeting shall be
13-16 supervised by three stewards employed by the commission <approved
13-17 by the commission> for horse racing or by three judges employed by
13-18 the commission <approved by the commission> for greyhound racing.
13-19 The commission shall employ all <one> of the stewards who supervise
13-20 <supervises> a horse race meeting <who shall be the presiding
13-21 steward. The other stewards at the race meeting shall be
13-22 compensated by the association>. The commission shall employ all
13-23 <one> of the judges who supervise <supervises> a greyhound race
13-24 meeting <who shall be the presiding judge; the other judges at such
13-25 a race meeting shall be compensated by the association>. The
13-26 commission shall designate one of the stewards or judges as the
13-27 presiding steward or judge for each race meeting. For each race
14-1 meeting, the commission shall appoint at least one state
14-2 veterinarian who shall be compensated by the commission. The
14-3 commission by rule shall determine the amount of compensation for
14-4 the <stewards, judges, and> state veterinarians who are required to
14-5 be compensated by the commission. The commission may impose a fee
14-6 on an association to offset the costs of compensating the
14-7 <racetrack> stewards, judges, and state veterinarians <for that
14-8 association>. The amount of the fee for the compensation of
14-9 stewards, judges, and state veterinarians must be reasonable
14-10 according to industry standards for the compensation of those
14-11 officials at other racetracks and may not exceed the actual cost to
14-12 the commission for compensating the officials. All other racetrack
14-13 officials shall be appointed by the association, with the approval
14-14 of the commission. Compensation for those officials not
14-15 compensated by the commission shall be determined by the
14-16 association.
14-17 SECTION 12. Section 3.08(a), Texas Racing Act (Article 179e,
14-18 Vernon's Texas Civil Statutes), is amended to read as follows:
14-19 (a) Except as provided by Subsection (b) of this section, a
14-20 final decision of the stewards or judges may be appealed to the
14-21 commission in the manner provided for a contested case under
14-22 Chapter 2001, Government Code <the Administrative Procedure and
14-23 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
14-24 Statutes)>.
14-25 SECTION 13. Article 3, Texas Racing Act (Article 179e,
14-26 Vernon's Texas Civil Statutes), is amended by adding Sections
14-27 3.13-3.17 to read as follows:
15-1 Sec. 3.13. REGULATION OF INAPPROPRIATE OR UNSAFE CONDITIONS.
15-2 (a) The commission shall adopt rules implementing this section,
15-3 including rules:
15-4 (1) requiring the report of and correction of:
15-5 (A) an inappropriate condition on the premises
15-6 of a racetrack facility that interferes with the administration of
15-7 this Act; or
15-8 (B) a condition on the premises of a racetrack
15-9 facility that makes the facility unsafe for a race participant,
15-10 patron, or animal; and
15-11 (2) determining the methods and manner in which the
15-12 executive secretary may determine and remedy inappropriate
15-13 conditions or unsafe facilities on the premises of a racetrack,
15-14 including the methods and manner in which the executive secretary
15-15 may remedy emergency situations.
15-16 (b) The executive secretary shall issue a notice of
15-17 violation to a racetrack facility on a finding that an
15-18 inappropriate or unsafe condition exists.
15-19 (c) If the executive secretary determines that an
15-20 inappropriate or unsafe condition exists at the racetrack facility,
15-21 the executive secretary shall order the racetrack facility to take
15-22 action within a specified period to remedy the inappropriate
15-23 condition or unsafe condition. In determining the period for
15-24 compliance, the executive secretary shall consider the nature and
15-25 severity of the problem and the threat to the health, safety, and
15-26 welfare of the race participants, patrons, or animals.
15-27 (d) The commission shall adopt rules requiring the reporting
16-1 of any corrective action taken by a racetrack facility in response
16-2 to an order of the executive secretary under Subsection (c) of this
16-3 section.
16-4 (e) If a racetrack facility fails to take any action as
16-5 required under Subsection (c) of this section, the executive
16-6 secretary shall initiate an enforcement action against the
16-7 racetrack facility. The executive secretary may rescind any live
16-8 or simulcast race date of any racetrack association that does not
16-9 take corrective action within the period set by the executive
16-10 secretary.
16-11 (f) The commission shall adopt rules relating to the
16-12 commission's review of an action taken under this section by the
16-13 executive secretary. A rule adopted under this subsection must be
16-14 consistent with Chapter 2001, Government Code.
16-15 Sec. 3.14. SUPERVISION OF CHANGES TO PREMISES. (a) The
16-16 commission shall adopt a method of supervising and approving the
16-17 construction, renovation, or maintenance of any building or
16-18 improvement on the premises of a racetrack facility.
16-19 (b) The commission shall adopt rules relating to:
16-20 (1) the approval of plans and specifications;
16-21 (2) the contents of plans and specifications;
16-22 (3) the maintenance of records to ensure compliance
16-23 with approved plans and specifications;
16-24 (4) the content and filing of construction progress
16-25 reports by the racetrack facility to the commission;
16-26 (5) the inspection by the commission or others;
16-27 (6) the method for making a change or amendment to an
17-1 approved plan or specification; and
17-2 (7) any other method of supervision or oversight
17-3 necessary.
17-4 (c) If the commission has grounds to believe that a
17-5 racetrack facility has failed to comply with the requirements of
17-6 this section, the holder of a racetrack license shall appear before
17-7 the commission, at a public hearing, to consider the issue of
17-8 compliance with the rules adopted under this section.
17-9 (d) Before a building or improvement may be used by the
17-10 racetrack facility, the commission shall determine whether the
17-11 construction, renovation, or maintenance of the building or
17-12 improvement was completed in accordance with the approved plans and
17-13 specifications and whether other requirements of the commission
17-14 were met.
17-15 (e) If the commission determines that the facility failed to
17-16 comply with a requirement of this section or rule adopted under
17-17 this section, the commission shall initiate an enforcement action
17-18 against the racetrack facility. In addition to any other
17-19 authorized enforcement action, the commission may rescind any live
17-20 or simulcast race date of any racetrack association that has failed
17-21 to comply with the requirement of this section.
17-22 Sec. 3.15. RECOGNITION OF ORGANIZATION. (a) The commission
17-23 by rule shall adopt criteria to recognize an organization to
17-24 represent members of a segment of the racing industry, including
17-25 owners, breeders, trainers, kennel operators, or other persons
17-26 involved in the racing industry, in any interaction between the
17-27 members of the organization and a racetrack facility or the
18-1 commission.
18-2 (b) The commission may recognize an organization that meets
18-3 the requirements of Subsection (a) of this section.
18-4 Sec. 3.16. DISCIPLINARY ACTIONS. The commission shall
18-5 revoke, suspend, or refuse to renew a license, place on probation a
18-6 person whose license has been suspended, or reprimand a licensee
18-7 for a violation of this Act or a rule of the commission. If a
18-8 license suspension is probated, the commission may require the
18-9 licensee to report regularly to the commission on matters that are
18-10 the basis of the probation.
18-11 Sec. 3.17. HEARING REQUIREMENTS. If the commission proposes
18-12 to suspend, revoke, or refuse to renew a person's license, the
18-13 person is entitled to a hearing conducted by the State Office of
18-14 Administrative Hearings. Proceedings for a disciplinary action,
18-15 other than those conducted by racing stewards or judges, are
18-16 governed by the administrative procedure law, Chapter 2001,
18-17 Government Code. Rules of practice adopted by the commission under
18-18 Section 2001.004, Government Code, applicable to the proceedings
18-19 for a disciplinary action, other than those conducted by racing
18-20 stewards or judges, may not conflict with rules adopted by the
18-21 State Office of Administrative Hearings.
18-22 SECTION 14. Article 5, Texas Racing Act (Article 179e,
18-23 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
18-24 to read as follows:
18-25 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
18-26 commission shall, in determining the amount of a license fee, set
18-27 the fee in an amount that will cover, at least, the cost of
19-1 conducting a criminal history check on the applicant for a license.
19-2 (b) The commission shall reimburse the Department of Public
19-3 Safety for the cost of conducting a criminal history check under
19-4 this article.
19-5 SECTION 15. Section 6.04(a), Texas Racing Act (Article 179e,
19-6 Vernon's Texas Civil Statutes), is amended to read as follows:
19-7 (a) The commission may issue a racetrack license to a
19-8 qualified person if it finds that the conduct of race meetings at
19-9 the proposed track and location will be in the public interest,
19-10 complies with all zoning laws, and complies with this Act and the
19-11 rules adopted by the commission and if the commission finds by
19-12 clear and convincing evidence that the applicant will comply with
19-13 all criminal laws of this state. In determining whether to grant
19-14 or deny an application for any class of racetrack license, the
19-15 commission may consider <the degree to which any of> the following
19-16 factors <regarding the applicant's racetrack or proposed race
19-17 meeting serve to nurture, promote, develop, or improve the horse or
19-18 greyhound industry in this state>:
19-19 (1) the applicant's financial stability;
19-20 (2) the applicant's resources for supplementing the
19-21 purses for races for various breeds;
19-22 (3) the location of the proposed track;
19-23 (4) the effect of the proposed track on traffic flow;
19-24 (5) facilities for patrons and occupational licensees;
19-25 (6) facilities for race animals;
19-26 (7) availability to the track of support services and
19-27 emergency services;
20-1 (8) the experience of the applicant's employees;
20-2 (9) the potential for conflict with other licensed
20-3 race meetings;
20-4 (10) the anticipated effect of the race meeting on the
20-5 greyhound or horse breeding industry in this state; and
20-6 (11) the anticipated effect of the race meeting on the
20-7 state and local economy from tourism, increased employment, and
20-8 other sources.
20-9 SECTION 16. Sections 6.06(e) and (f), Texas Racing Act
20-10 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
20-11 as follows:
20-12 (e) The <appropriate section of the> commission may
20-13 condition the issuance of a license under this article on the
20-14 observance of its rules. The commission may amend the rules at any
20-15 time and may condition the continued holding of the license on
20-16 compliance with the rules as amended.
20-17 (f) The <appropriate section of the> commission may refuse
20-18 to issue a license or may suspend or revoke a license of a licensee
20-19 under this article who knowingly or intentionally allows access to
20-20 an enclosure where greyhound races or horse races are conducted to
20-21 a person who has engaged in bookmaking, touting, or illegal
20-22 wagering, whose income is from illegal activities or enterprises,
20-23 or who has been convicted of a violation of this Act.
20-24 SECTION 17. Article 6, Texas Racing Act (Article 179e,
20-25 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
20-26 to read as follows:
20-27 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
21-1 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
21-2 monitoring, and auditing requirements or other appropriate
21-3 performance measures for any organization that receives funds
21-4 generated by live or simulcast pari-mutuel racing.
21-5 (b) The commission shall adopt the requirements or
21-6 performance measures after consultation with the affected
21-7 organization. In adopting the rules, the commission shall give
21-8 consideration to the concerns of the affected organization.
21-9 (c) An independent audit shall be conducted annually of an
21-10 organization receiving funds generated by live or simulcast
21-11 pari-mutuel racing. A copy of the report shall be sent to the
21-12 commission. The audit shall include a verification of any
21-13 performance report sent to or required by the commission.
21-14 (d) The commission may review any records or books of an
21-15 organization that submits an independent audit to the commission as
21-16 the commission determines necessary to confirm or further
21-17 investigate the findings of an audit or report.
21-18 (e) The commission by rule may suspend or withhold funds
21-19 from an organization that:
21-20 (1) it determines has failed to comply with the
21-21 requirements or performance measures adopted under Subsection (a)
21-22 of this section; or
21-23 (2) has, following an independent audit or other
21-24 report to the commission, material questions raised on the use of
21-25 funds by the organization.
21-26 (f) This section does not apply to the Texas Commission on
21-27 Alcohol and Drug Abuse.
22-1 SECTION 18. Section 7.02, Texas Racing Act (Article 179e,
22-2 Vernon's Texas Civil Statutes), is amended by adding Subsections
22-3 (c) and (d) to read as follows:
22-4 (c) If an examination is required for the issuance of a
22-5 license under this article, not later than the 30th day after the
22-6 day on which a licensing examination is administered under this
22-7 Act, the commission shall notify each examinee of the results of
22-8 the examination.
22-9 (d) If requested in writing by a person who fails a
22-10 licensing examination administered under this Act, the commission
22-11 shall furnish the person with an analysis of the person's
22-12 performance on the examination.
22-13 SECTION 19. Section 7.05, Texas Racing Act (Article 179e,
22-14 Vernon's Texas Civil Statutes), is amended to read as follows:
22-15 Sec. 7.05. License fees. (a) The commission shall adopt by
22-16 rule a fee schedule for licenses issued under this article.
22-17 (b) The commission shall base the license fees on the
22-18 relative or comparative incomes or property interests of the
22-19 various categories of licensees, with the lower income category of
22-20 licensees being charged nearer the minimum fee and the higher
22-21 income category of licensees charged nearer the maximum fee.
22-22 (c) In setting the fee schedule under Subsection (a) of this
22-23 section, the commission shall include the cost of criminal history
22-24 checks determined under Section 5.05 of this Act. The commission
22-25 may determine the best method for recouping this cost and complying
22-26 with the other provisions of this section, including collecting the
22-27 costs over an extended period.
23-1 SECTION 20. Section 7.07, Texas Racing Act (Article 179e,
23-2 Vernon's Texas Civil Statutes), is amended to read as follows:
23-3 Sec. 7.07. Term of license. (a) A license issued under
23-4 this article is valid for a period set by the commission not to
23-5 exceed 36 months following the date of its issuance. It is
23-6 renewable on application and payment of the fee in accordance with
23-7 the rules of the commission.
23-8 (b) The commission by rule may adopt a system under which
23-9 licenses expire on various dates during the year. For the year in
23-10 which the license expiration date is changed, license fees shall be
23-11 prorated on a monthly basis so that each licensee pays only that
23-12 portion of the license fee that is allocable to the number of
23-13 months during which the license is valid. On renewal of the
23-14 license on the new expiration date, the total license renewal fee
23-15 is payable.
23-16 SECTION 21. Article 7, Texas Racing Act (Article 179e,
23-17 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
23-18 to read as follows:
23-19 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
23-20 (a) The commission may waive any prerequisite to obtaining a
23-21 license for an applicant after reviewing the applicant's
23-22 credentials and determining that the applicant holds a valid
23-23 license from another state that has license requirements
23-24 substantially equivalent to those of this state.
23-25 (b) The commission may waive any prerequisite to obtaining a
23-26 license for an applicant with a valid license from another state
23-27 with which the State of Texas has a reciprocity agreement. The
24-1 commission may enter into reciprocal agreements with other states
24-2 to allow for licensing by reciprocity.
24-3 SECTION 22. Section 9.01, Texas Racing Act (Article 179e,
24-4 Vernon's Texas Civil Statutes), is amended to read as follows:
24-5 Sec. 9.01. Texas-bred horses. Subject to this Act and any
24-6 rule of the commission, the <The> state horse breed registries
24-7 shall make reasonable rules to establish the qualifications of
24-8 accredited Texas-bred horses to promote, develop, and improve the
24-9 breeding of horses in this state. Rules adopted by a registry are
24-10 subject to commission approval.
24-11 SECTION 23. Section 10.04, Texas Racing Act (Article 179e,
24-12 Vernon's Texas Civil Statutes), is amended to read as follows:
24-13 Sec. 10.04. Texas-bred greyhounds. Subject to this Act or
24-14 any rule of the commission, the <The> state greyhound breed
24-15 registry shall make reasonable rules to establish the
24-16 qualifications of accredited Texas-bred greyhounds to promote,
24-17 develop, and improve the breeding of greyhounds in this state.
24-18 Rules adopted by the registry are subject to commission approval.
24-19 SECTION 24. Section 11.04(c), Texas Racing Act (Article
24-20 179e, Vernon's Texas Civil Statutes), is amended to read as
24-21 follows:
24-22 (c) The commission shall adopt rules prohibiting an
24-23 association from accepting a wager made on credit and shall adopt
24-24 rules prohibiting automatic banking machines within the enclosure.
24-25 The commission shall prohibit patrons from using automated methods
24-26 for obtaining additional money while the patrons are on the
24-27 premises of the racetrack facility.
25-1 SECTION 25. Section 18.01(a), Texas Racing Act (Article
25-2 179e, Vernon's Texas Civil Statutes), is amended to read as
25-3 follows:
25-4 (a) The Texas Racing Commission is subject to Chapter 325,
25-5 Government Code (Texas Sunset Act). Unless continued in existence
25-6 as provided by that chapter, and except as provided by Subsections
25-7 (b) and (c) of this section, the commission is abolished and this
25-8 Act expires September 1, 2001 <1995>.
25-9 SECTION 26. Section 481.172, Government Code, is amended to
25-10 read as follows:
25-11 Sec. 481.172. Duties. The department shall:
25-12 (1) promote and advertise within the United States and
25-13 in foreign countries, by radio, television, newspaper, and other
25-14 means considered appropriate, tourism in this state by non-Texans,
25-15 including persons from foreign countries, and distribute
25-16 promotional materials through appropriate agencies, including the
25-17 United States Travel and Tourism Agency;
25-18 (2) encourage travel by Texans to this state's scenic,
25-19 historical, natural, agricultural, educational, recreational, and
25-20 other attractions;
25-21 (3) coordinate and stimulate orderly and accelerated
25-22 development of tourist attractions throughout this state;
25-23 (4) conduct a public relations campaign to create a
25-24 responsible and accurate national and international image of this
25-25 state;
25-26 (5) cooperate fully with the Parks and Wildlife
25-27 Department in all matters relating to promotion of tourism;
26-1 (6) cooperate with the State Highway and Public
26-2 Transportation Commission in the administration of the commission's
26-3 collateral program of highway map distribution and operation of
26-4 travel information bureaus and other tourist-related functions of
26-5 the commission; <and>
26-6 (7) encourage communities, organizations, and
26-7 individuals in this state to cooperate with its program by their
26-8 activities and use of their own funds and collaborate with those
26-9 organizations and other governmental entities in the pursuit of the
26-10 objectives of this subchapter; and
26-11 (8) promote and encourage the horse racing and
26-12 greyhound racing industry, if funds are appropriated for the
26-13 promotion or encouragement.
26-14 SECTION 27. Section 18.02, Texas Racing Act (Article 179e,
26-15 Vernon's Texas Civil Statutes), is repealed.
26-16 SECTION 28. (a) This Act takes effect September 1, 1995.
26-17 (b) The changes in law made by this Act relating to the
26-18 qualifications and appointment of members to the Texas Racing
26-19 Commission do not affect the entitlement of a member of the
26-20 commission serving immediately before the effective date of this
26-21 Act to continue to serve on the commission for the term to which
26-22 the member was appointed. As the terms of members of the
26-23 commission expire or as vacancies on the commission occur, the
26-24 governor shall make appointments to the commission to achieve as
26-25 soon as possible the membership plan prescribed for the commission
26-26 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
26-27 Statutes), as amended by this Act.
27-1 (c) The Texas Racing Commission shall review all of the
27-2 rules of the commission before January 1, 1998. The commission,
27-3 following the review, shall readopt, modify, or repeal the rules
27-4 before January 1, 1998.
27-5 (d) The authority for rulemaking and licensing and for any
27-6 action relating exclusively to horse racing or exclusively to
27-7 greyhound racing that was granted to a separate section of the
27-8 Texas Racing Commission is transferred to the Texas Racing
27-9 Commission.
27-10 SECTION 29. The importance of this legislation and the
27-11 crowded condition of the calendars in both houses create an
27-12 emergency and an imperative public necessity that the
27-13 constitutional rule requiring bills to be read on three several
27-14 days in each house be suspended, and this rule is hereby suspended.