1-1 By: Gray, Black, Wilson H.B. No. 1305
1-2 (Senate Sponsor - Armbrister)
1-3 (In the Senate - Received from the House May 12, 1995;
1-4 May 15, 1995, read first time and referred to Committee on State
1-5 Affairs; May 22, 1995, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 13, Nays 0; May 22, 1995,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 1305 By: Armbrister
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the continuation and functions of the Texas Racing
1-12 Commission and to the transfer of certain commission functions to
1-13 the Texas Department of Commerce; providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 1.02, Texas Racing Act (Article 179e,
1-16 Vernon's Texas Civil Statutes), is amended to read as follows:
1-17 Sec. 1.02. Purposes. The purpose <purposes> of this Act is
1-18 <are> to <encourage agriculture, the horse-breeding industry, the
1-19 horse-training industry, the greyhound-breeding industry, tourism,
1-20 and employment opportunities in this state related to horse racing
1-21 and greyhound racing and to> provide for the strict regulation of
1-22 horse racing and greyhound racing and the control of pari-mutuel
1-23 wagering in connection with that racing.
1-24 SECTION 2. Section 1.03, Texas Racing Act (Article 179e,
1-25 Vernon's Texas Civil Statutes), is amended by amending Subdivision
1-26 (61) and adding Subdivisions (67)-(75) to read as follows:
1-27 (61) "Simulcast" means the telecast or other
1-28 transmission of live audio and visual signals of a race,
1-29 transmitted from a sending track to a receiving location or
1-30 simulcasting facility, for the purpose of wagering conducted on the
1-31 race at the receiving location or simulcasting facility.
1-32 (67) "Racetrack facility" means a facility operated by
1-33 an association within its enclosure for the purpose of presenting
1-34 races for pari-mutuel wagering.
1-35 (68) "Child" means a person younger than 16 years of
1-36 age.
1-37 (69) "Minor" means a person younger than 21 years of
1-38 age.
1-39 (70) "Contraband" means:
1-40 (A) any item or thing the possession of which is
1-41 unlawful under this Act, a commission rule, or other law;
1-42 (B) any item or thing that might reasonably have
1-43 the effect of unnaturally depressing, stimulating, or exciting an
1-44 animal during a race in a manner contrary to this Act or commission
1-45 rule, including a prohibited device or substance; or
1-46 (C) a document, including a credential or forged
1-47 ticket, possessed by an individual or used by an individual in
1-48 violation of this Act or a commission rule.
1-49 (71) "Prohibited device" means:
1-50 (A) a spur or an electrical or other device
1-51 prohibited by a commission rule regulating the unlawful influence
1-52 of a race; or
1-53 (B) a device specifically designed, made, or
1-54 adapted to influence or affect the outcome of a race in a manner
1-55 contrary to this Act or a commission rule.
1-56 (72) "Prohibited substance" means a drug, chemical,
1-57 medication, stimulant, depressant, or other substance, including a
1-58 syringe or other device used to administer a prohibited substance,
1-59 that, in its use or intended use, is capable of influencing or
1-60 affecting the outcome of a race in a manner contrary to this Act or
1-61 a commission rule.
1-62 (73) "Unlawful touting" means an offense described by
1-63 Section 14.01 of this Act or a similar offense under the laws of
1-64 another state.
1-65 (74) "Race" includes a live audio and visual signal of
1-66 a race.
1-67 (75) "Simulcasting facility" means a facility that is
1-68 registered with the commission, that is owned or operated by a
2-1 greyhound racetrack licensed by the commission, and that is located
2-2 outside the enclosure of a racetrack.
2-3 SECTION 3. Sections 2.02(a) and (b), Texas Racing Act
2-4 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
2-5 as follows:
2-6 (a) The commission consists of six members appointed by the
2-7 governor with the advice and consent of the senate and two ex
2-8 officio members who shall have the right to vote. The ex officio
2-9 members are the chairman of the Public Safety Commission and the
2-10 comptroller of public accounts. <In making appointments to the
2-11 commission, the governor shall strive to achieve representation by
2-12 all the population groups of the state with regard to economic
2-13 status, sex, race, and ethnicity.>
2-14 (b) Appointments to the commission shall be made without
2-15 regard to the race, color, disability, sex, religion, age, or
2-16 national origin of the appointees. <One appointed member must be a
2-17 veterinarian licensed to practice in this state who specializes in
2-18 the treatment of small animals. One appointed member must be a
2-19 veterinarian licensed to practice in this state who specializes in
2-20 the treatment of large animals. Two appointed members must be
2-21 individuals who are not veterinarians and who have special
2-22 knowledge or experience related to greyhound racing. Two appointed
2-23 members must be individuals who are not veterinarians and who have
2-24 special knowledge or experience related to horse racing.>
2-25 SECTION 4. Section 2.03, Texas Racing Act (Article 179e,
2-26 Vernon's Texas Civil Statutes), is amended to read as follows:
2-27 Sec. 2.03. Term of office. (a) Appointed <Except for the
2-28 initial appointments, appointed> members hold office for staggered
2-29 terms of six years with two members' terms expiring February 1 of
2-30 each odd-numbered year. A member holds office until that member's
2-31 successor is appointed and qualifies.
2-32 (b) <In making the initial appointments, the governor shall
2-33 designate two appointed members for a term expiring February 1,
2-34 1989, two for a term expiring February 1, 1991, and two for a term
2-35 expiring February 1, 1993. The governor shall make the initial
2-36 appointments on or before February 1, 1987.>
2-37 <(c)> The ex officio members hold office on the commission
2-38 for the time for which they hold their other offices.
2-39 SECTION 5. Section 2.05, Texas Racing Act (Article 179e,
2-40 Vernon's Texas Civil Statutes), is amended to read as follows:
2-41 Sec. 2.05. Eligibility. (a) Four of the appointed members
2-42 of the commission must be representatives of the general public and
2-43 have general knowledge of business or agribusiness. One additional
2-44 appointed member must have special knowledge or experience related
2-45 to greyhound racing and one additional appointed member must have
2-46 special knowledge or experience related to horse racing. A person
2-47 is not eligible for appointment as a member of the commission if
2-48 the person or the person's spouse:
2-49 (1) is licensed by the commission, except as a
2-50 commissioner;
2-51 (2) is employed by the commission or participates in
2-52 the management of a business entity or other organization regulated
2-53 by the commission or receiving funds from or through the
2-54 commission;
2-55 (3) owns or controls, directly or indirectly, more
2-56 than a 10 percent interest in a business entity or other
2-57 organization regulated by the commission or receiving funds from or
2-58 through the commission; or
2-59 (4) uses or receives a substantial amount of tangible
2-60 goods, services, or funds from or through the commission, other
2-61 than compensation or reimbursement authorized by law for commission
2-62 membership, attendance, or expenses.
2-63 (b) In addition to the eligibility requirements of
2-64 Subsection (a), a <A> person is not eligible to be an appointed
2-65 member of the commission if that person owns any financial interest
2-66 in a racetrack or its operation or if that person is related within
2-67 the second degree by affinity or the third degree by consanguinity,
2-68 as determined under Subchapter B, Chapter 573, Government Code
2-69 <Article 5996h, Revised Statutes>, to a person who owns any
2-70 financial interest in a racetrack or its operation.
3-1 (c) Each person appointed to or employed by the commission
3-2 is subject to all background checks and qualification criteria
3-3 required to hold a racetrack license or other license under this
3-4 Act.
3-5 (d) A person who has been convicted of a felony or of any
3-6 crime involving moral turpitude is not eligible for appointment to
3-7 the commission.
3-8 SECTION 6. Article 2, Texas Racing Act (Article 179e,
3-9 Vernon's Texas Civil Statutes), is amended by adding Sections
3-10 2.071-2.074 to read as follows:
3-11 Sec. 2.071. CONFLICT OF INTEREST. (a) An officer,
3-12 employee, or paid consultant of a Texas trade association in the
3-13 field of horse or greyhound racing or breeding may not be a member
3-14 of the commission or employee of the commission who is exempt from
3-15 the state's position classification plan or is compensated at or
3-16 above the amount prescribed by the General Appropriations Act for
3-17 step 1, salary group 17, of the position classification salary
3-18 schedule.
3-19 (b) A person who is the spouse of an officer, manager, or
3-20 paid consultant of a Texas trade association in the field of horse
3-21 or greyhound racing or breeding may not be a member of the
3-22 commission and may not be an employee of the commission who is
3-23 exempt from the state's position classification plan or is
3-24 compensated at or above the amount prescribed by the General
3-25 Appropriations Act for step 1, salary group 17, of the position
3-26 classification salary schedule.
3-27 (c) For the purposes of this section, a Texas trade
3-28 association is a nonprofit, cooperative, and voluntarily joined
3-29 association of business or professional competitors in this state
3-30 designed to assist its members and its industry or profession in
3-31 dealing with mutual business or professional problems and in
3-32 promoting their common interest.
3-33 Sec. 2.072. LOBBYIST RESTRICTION. A person may not serve as
3-34 a member of the commission or act as the general counsel to the
3-35 commission if the person is required to register as a lobbyist
3-36 under Chapter 305, Government Code, because of the person's
3-37 activities for compensation on behalf of a profession related to
3-38 the operation of the commission.
3-39 Sec. 2.073. GROUNDS FOR REMOVAL. (a) It is a ground for
3-40 removal from the commission if a member:
3-41 (1) does not have at the time of appointment the
3-42 qualifications required by Section 2.02, 2.04, or 2.05 of this Act;
3-43 (2) does not maintain during service on the commission
3-44 the qualifications required by Section 2.02 or 2.05 of this Act;
3-45 (3) violates a prohibition established by Section
3-46 2.05, 2.07, 2.071, or 2.072 of this Act;
3-47 (4) cannot because of illness or disability discharge
3-48 the member's duties for a substantial part of the term for which
3-49 the member is appointed; or
3-50 (5) is absent from more than half of the regularly
3-51 scheduled commission meetings that the member is eligible to attend
3-52 during a calendar year unless the absence is excused by majority
3-53 vote of the commission.
3-54 (b) The validity of an action of the commission is not
3-55 affected by the fact that it is taken when a ground for removal of
3-56 a commission member exists.
3-57 (c) If the executive secretary has knowledge that a
3-58 potential ground for removal exists, the executive secretary shall
3-59 notify the presiding officer of the commission of the potential
3-60 ground. The presiding officer shall then notify the governor and
3-61 the attorney general that a potential ground for removal exists.
3-62 If the potential ground for removal involves the presiding officer,
3-63 the executive secretary shall notify the next highest officer of
3-64 the commission, who shall notify the governor and the attorney
3-65 general that a potential ground for removal exists.
3-66 Sec. 2.074. MEMBER TRAINING. (a) Before a member of the
3-67 commission may assume the member's duties and before the member may
3-68 be confirmed by the senate, the member must complete at least one
3-69 course of the training program established by the commission under
3-70 this section.
4-1 (b) A training program established under this section shall
4-2 provide information to the member regarding:
4-3 (1) the enabling legislation that created the
4-4 commission;
4-5 (2) the programs operated by the agency;
4-6 (3) the role and functions of the agency;
4-7 (4) the rules of the agency with an emphasis on the
4-8 rules that relate to disciplinary and investigatory authority;
4-9 (5) the current budget for the agency;
4-10 (6) the results of the most recent formal audit of the
4-11 agency;
4-12 (7) the requirements of the:
4-13 (A) open meetings law, Chapter 551, Government
4-14 Code;
4-15 (B) open records law, Chapter 552, Government
4-16 Code; and
4-17 (C) administrative procedure law, Chapter 2001,
4-18 Government Code;
4-19 (8) the requirements of the conflict of interest laws
4-20 and other laws relating to public officials; and
4-21 (9) any applicable ethics policies adopted by the
4-22 agency or the Texas Ethics Commission.
4-23 SECTION 7. Section 2.10, Texas Racing Act (Article 179e,
4-24 Vernon's Texas Civil Statutes), is amended to read as follows:
4-25 Sec. 2.10. PRESIDING OFFICER <CHAIRMAN>. The governor shall
4-26 designate a public <one> member of the commission as the presiding
4-27 officer <chairman> of the commission to serve in that capacity at
4-28 the pleasure of the governor.
4-29 SECTION 8. Section 2.11, Texas Racing Act (Article 179e,
4-30 Vernon's Texas Civil Statutes), is amended by amending Subsection
4-31 (b) and adding Subsection (d) to read as follows:
4-32 (b) A majority of the commission constitutes a quorum. <A
4-33 majority of a section of the commission constitutes a quorum for
4-34 purposes of conducting business related to matters under the
4-35 exclusive jurisdiction of that section.>
4-36 (d) The commission shall, by rule, develop and implement
4-37 policies that provide the public with a reasonable opportunity to
4-38 appear before the commission and to speak on any issue under the
4-39 jurisdiction of the commission.
4-40 SECTION 9. Article 2, Texas Racing Act (Article 179e,
4-41 Vernon's Texas Civil Statutes), is amended by adding Sections
4-42 2.17-2.25 to read as follows:
4-43 Sec. 2.17. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
4-44 commission is subject to the open meetings law, Chapter 551,
4-45 Government Code, and the administrative procedure law, Chapter
4-46 2001, Government Code.
4-47 Sec. 2.18. ANNUAL ACCOUNTING. The commission shall prepare
4-48 annually a complete and detailed written report accounting for all
4-49 funds received and disbursed by the commission during the preceding
4-50 fiscal year. The annual report must meet the reporting
4-51 requirements applicable to financial reporting provided in the
4-52 General Appropriations Act.
4-53 Sec. 2.19. FUNDS PAID TO COMMISSION. All money paid to the
4-54 commission under this Act is subject to Subchapter F, Chapter 404,
4-55 Government Code.
4-56 Sec. 2.20. EMPLOYMENT PRACTICES. (a) The executive
4-57 secretary or the executive secretary's designee shall develop an
4-58 intra-agency career ladder program that addresses opportunities for
4-59 mobility and advancement for employees within the commission. The
4-60 program shall require intra-agency posting of all positions
4-61 concurrently with any public posting.
4-62 (b) The executive secretary or the executive secretary's
4-63 designee shall develop a system of annual performance evaluations
4-64 that are based on documented employee performance. All merit pay
4-65 for commission employees must be based on the system established
4-66 under this subsection.
4-67 (c) The executive secretary or the executive secretary's
4-68 designee shall prepare and maintain a written policy statement to
4-69 assure implementation of a program of equal employment opportunity
4-70 under which all personnel transactions are made without regard to
5-1 race, color, disability, sex, religion, age, or national origin.
5-2 The policy statement must include:
5-3 (1) personnel policies, including policies relating to
5-4 recruitment, evaluation, selection, appointment, training, and
5-5 promotion of personnel that are in compliance with the requirements
5-6 of Chapter 21, Labor Code;
5-7 (2) a comprehensive analysis of the commission
5-8 workforce that meets federal and state guidelines;
5-9 (3) procedures by which a determination can be made
5-10 about the extent of underuse in the commission workforce of all
5-11 persons for whom federal or state guidelines encourage a more
5-12 equitable balance; and
5-13 (4) reasonable methods to appropriately address those
5-14 areas of underuse.
5-15 (d) A policy statement prepared under Subsection (c) of this
5-16 section must cover an annual period, be updated annually and
5-17 reviewed by the Texas Commission on Human Rights for compliance
5-18 with Subsection (c)(1) of this section, and be filed with the
5-19 governor's office.
5-20 (e) The governor's office shall deliver a biennial report to
5-21 the legislature based on the information received under Subsection
5-22 (d) of this section. The report may be made separately or as a
5-23 part of other biennial reports made to the legislature.
5-24 Sec. 2.21. STANDARDS OF CONDUCT. The executive secretary or
5-25 the executive secretary's designee shall provide to members of the
5-26 commission and to agency employees, as often as necessary,
5-27 information regarding their qualification for office or employment
5-28 under this Act and their responsibilities under applicable laws
5-29 relating to standards of conduct for state officers or employees.
5-30 Sec. 2.22. DIVISION OF RESPONSIBILITY. The commission
5-31 shall, by rule, develop and implement policies that clearly
5-32 separate the policymaking responsibilities of the commission and
5-33 the management responsibilities of the executive secretary and the
5-34 staff of the commission.
5-35 Sec. 2.23. PROGRAM AND FACILITY ACCESSIBILITY. The
5-36 commission shall comply with federal and state laws related to
5-37 program and facility accessibility. The executive secretary shall
5-38 also prepare and maintain a written plan that describes how a
5-39 person who does not speak English can be provided reasonable access
5-40 to the commission's programs and services.
5-41 Sec. 2.24. INFORMATION TO PUBLIC. (a) The commission shall
5-42 prepare information of public interest describing the functions of
5-43 the commission and the procedures by which complaints are filed
5-44 with and resolved by the commission. The commission shall make the
5-45 information available to the public and appropriate state agencies.
5-46 (b) The commission by rule shall establish methods by which
5-47 racetrack patrons are notified of the name, mailing address, and
5-48 telephone number of the commission for the purpose of directing
5-49 complaints to the commission. The commission may provide for that
5-50 notification:
5-51 (1) on every race performance program provided by each
5-52 racetrack association; or
5-53 (2) on signs prominently displayed in the common
5-54 public areas on the premises of each racetrack association.
5-55 Sec. 2.25. COMPLAINT HANDLING. (a) The commission shall
5-56 keep information about each complaint filed with the commission.
5-57 The information shall include:
5-58 (1) the date the complaint is received;
5-59 (2) the name of the complainant;
5-60 (3) the subject matter of the complaint;
5-61 (4) a record of all persons contacted in relation to
5-62 the complaint;
5-63 (5) a summary of the results of the review or
5-64 investigation of the complaint; and
5-65 (6) for complaints for which the agency took no
5-66 action, an explanation of the reason the complaint was closed
5-67 without action.
5-68 (b) The commission shall keep a file about each written
5-69 complaint filed with the commission that the agency has authority
5-70 to resolve. The commission shall provide to the person filing the
6-1 complaint and the persons or entities complained about the
6-2 commission's policies and procedures pertaining to complaint
6-3 investigation and resolution. The commission, at least quarterly
6-4 and until final disposition of the complaint, shall notify the
6-5 person filing the complaint and the persons or entities complained
6-6 about of the status of the complaint unless the notice would
6-7 jeopardize an undercover investigation.
6-8 SECTION 10. Section 3.02, Texas Racing Act (Article 179e,
6-9 Vernon's Texas Civil Statutes), is amended to read as follows:
6-10 Sec. 3.02. Regulation and supervision. (a) The <In
6-11 accordance with Section 3.01 of this Act, the> commission shall
6-12 regulate and supervise every race meeting in this state involving
6-13 wagering on the result of greyhound or horse racing. All persons
6-14 and things relating to the operation of those meetings are subject
6-15 to regulation and supervision by the commission. The commission
6-16 shall adopt rules for conducting greyhound or horse racing in this
6-17 state involving wagering and shall adopt other rules to administer
6-18 this Act that are consistent with this Act. The commission shall
6-19 also make rules, issue licenses, and take any other necessary
6-20 action relating exclusively to horse racing or to greyhound racing.
6-21 A majority vote of the members of the commission is necessary for
6-22 any commission decision.
6-23 (b) The commission may establish separate sections to review
6-24 or propose rules of the commission.
6-25 (c) The commission or a section of the commission shall hold
6-26 a meeting on any proposed rule before the commission publishes the
6-27 proposed rule in the Texas Register.
6-28 (d) The commission shall post notice of a meeting under
6-29 Subsection (c) of this section at each racetrack facility. The
6-30 notice shall include an agenda of the meeting and a summary of the
6-31 proposed rule.
6-32 (e) A copy of a proposed rule published in the Texas
6-33 Register shall also be posted concurrently at each racetrack
6-34 facility.
6-35 (f) The commission or a section of the commission may
6-36 appoint a committee of experts, members of the public, or other
6-37 interested parties to advise the commission or section of the
6-38 commission about a proposed rule of the commission.
6-39 (g) The commission, in adopting rules and in the supervision
6-40 and conduct of racing, shall consider the effect of a proposed
6-41 commission action on the state's agricultural, horse breeding,
6-42 horse training, greyhound breeding, and greyhound training
6-43 industry.
6-44 (h) The commission shall adopt rules relating to the
6-45 location of and hours of operation of a lottery ticket sales agent
6-46 operating at a racetrack.
6-47 SECTION 11. Section 3.021, Texas Racing Act (Article 179e,
6-48 Vernon's Texas Civil Statutes), is amended by amending Subsection
6-49 (b) and adding Subsection (d) to read as follows:
6-50 (b) To protect the health, safety, and welfare of race
6-51 animals and participants in racing, to safeguard the interest of
6-52 the general public, and to promote the orderly <growth and> conduct
6-53 of racing within the state, the commission may adopt rules for the
6-54 licensing and regulation of races and workouts at racetracks that
6-55 do not offer pari-mutuel wagering and for workouts at training
6-56 facilities to secure past performances and workouts.
6-57 (d) The commission may not adopt rules restricting
6-58 competitive bidding or advertising by a licensee except to prohibit
6-59 false, misleading, or deceptive practices. In its rules to
6-60 prohibit false, misleading, or deceptive practices, the commission
6-61 may not include a rule that:
6-62 (1) restricts the use of any medium for advertising;
6-63 (2) restricts the use of a licensee's personal
6-64 appearance or voice in an advertisement;
6-65 (3) relates to the size or duration of an
6-66 advertisement by the licensee; or
6-67 (4) restricts the licensee's advertisement under a
6-68 trade name.
6-69 SECTION 12. Section 3.03, Texas Racing Act (Article 179e,
6-70 Vernon's Texas Civil Statutes), is amended to read as follows:
7-1 Sec. 3.03. Power of entry. A member of the commission, an
7-2 authorized agent of the commission, a commissioned officer of the
7-3 Department of Public Safety, or a peace officer of the local
7-4 jurisdiction in which the association maintains a place of business
7-5 may enter any part of the racetrack facility <the office,
7-6 racetrack,> or any other place of business of an association at any
7-7 time for the purpose of enforcing and administering this Act.
7-8 SECTION 13. Section 3.07(a), Texas Racing Act (Article 179e,
7-9 Vernon's Texas Civil Statutes), is amended to read as follows:
7-10 (a) The commission shall employ all of the judges and all of
7-11 the stewards for the supervision of a horse race or greyhound race
7-12 meeting. Each horse race or greyhound race meeting shall be
7-13 supervised by three stewards <approved by the commission> for horse
7-14 racing or by three judges <approved by the commission> for
7-15 greyhound racing. Before each race meeting, the commission shall
7-16 provide to the association a list of six stewards or judges
7-17 approved by the commission who are eligible to serve at the race
7-18 meeting. The commission shall forward the list to the association
7-19 holding the race meeting and shall give the association an
7-20 opportunity to review and comment on the list and to remove not
7-21 more than two of the named stewards or judges from the list. The
7-22 commission, after review of the association's comments and
7-23 designation of removals, shall designate from the list of remaining
7-24 eligible stewards or judges the stewards or judges for each race
7-25 meeting and shall designate one of the stewards or judges as the
7-26 presiding steward or judge for each race meeting. The association,
7-27 following the completion of the race meeting, may submit
7-28 evaluations of the stewards and judges, and the commission may
7-29 consider the evaluations in compiling other lists. <The commission
7-30 shall employ one of the stewards who supervises a horse race
7-31 meeting who shall be the presiding steward. The other stewards at
7-32 the race meeting shall be compensated by the association. The
7-33 commission shall employ one of the judges who supervises a
7-34 greyhound race meeting who shall be the presiding judge; the other
7-35 judges at such a race meeting shall be compensated by the
7-36 association.> For each race meeting, the commission shall employ
7-37 <appoint> at least one state veterinarian <who shall be compensated
7-38 by the commission. The commission by rule shall determine the
7-39 amount of compensation for stewards, judges, and state
7-40 veterinarians who are required to be compensated by the
7-41 commission>. The commission may, by rule, impose a fee on an
7-42 association to offset the costs of compensating the <racetrack>
7-43 stewards, judges, and state veterinarians <for that association>.
7-44 The amount of the fee for the compensation of stewards, judges, and
7-45 state veterinarians must be reasonable according to industry
7-46 standards for the compensation of those officials at other
7-47 racetracks and may not exceed the actual cost to the commission for
7-48 compensating the officials. All other racetrack officials shall be
7-49 appointed by the association, with the approval of the commission.
7-50 Compensation for those officials not compensated by the commission
7-51 shall be determined by the association.
7-52 SECTION 14. Section 3.09, Texas Racing Act (Article 179e,
7-53 Vernon's Texas Civil Statutes), is amended by amending Subsection
7-54 (b) and adding Subsection (c) to read as follows:
7-55 (b) The commission shall deposit the money it collects under
7-56 this Act in the State Treasury to the credit of a special fund to
7-57 be known as the Texas Racing Commission fund. The Texas Racing
7-58 Commission fund may be appropriated only for the administration and
7-59 enforcement of this Act. Any unappropriated money remaining in
7-60 that special fund at the close of each fiscal biennium shall be
7-61 transferred to the General Revenue Fund and may be appropriated for
7-62 any legal purpose. The legislature may also appropriate money from
7-63 the General Revenue Fund for the administration and enforcement of
7-64 this Act.
7-65 (c) Any amount of general revenue appropriated for the
7-66 administration and enforcement of this Act in excess of the
7-67 cumulative amount deposited in the Texas Racing Commission fund
7-68 shall be reimbursed from the Texas Racing Commission fund. The
7-69 rate of interest on any appropriated amount the commission is
7-70 required to repay to the General Revenue Fund is <not later than
8-1 one year after the date on which the general revenue funds are
8-2 appropriated, with 12 percent interest per year until August 31,
8-3 1993, and> 6-3/4 percent interest per year <thereafter> with all
8-4 payments first attributable to interest. The commission shall,
8-5 each year, repay to the General Revenue Fund an amount designated
8-6 in the appropriations act covering the year the repayment is to be
8-7 made. The comptroller shall, each year, credit to the repayment to
8-8 the General Revenue Fund an amount equal to 20 percent of the state
8-9 tax revenue generated by horse or greyhound racing during the
8-10 previous year. The comptroller's duty to make the credit expires
8-11 on retirement of the amount to be repaid to the General Revenue
8-12 Fund. This credit may be combined with any other repayment to
8-13 comply with the requirements of this subsection.
8-14 SECTION 15. Article 3, Texas Racing Act (Article 179e,
8-15 Vernon's Texas Civil Statutes), is amended by adding Sections
8-16 3.13-3.16 to read as follows:
8-17 Sec. 3.13. RECOGNITION OF ORGANIZATION. (a) The commission
8-18 by rule shall adopt criteria to recognize an organization to
8-19 represent members of a segment of the racing industry, including
8-20 owners, breeders, trainers, kennel operators, or other persons
8-21 involved in the racing industry, in any interaction between the
8-22 members of the organization and a racetrack facility or the
8-23 commission.
8-24 (b) The commission may recognize an organization that meets
8-25 the requirements of Subsection (a) of this section.
8-26 (c) Any organization recognized by the commission under this
8-27 section to represent horsemen at a racetrack may not also be an
8-28 entity named in Section 9.02 of this Act.
8-29 Sec. 3.14. DISCIPLINARY ACTIONS. The commission shall
8-30 revoke, suspend, or refuse to renew a license, place on probation a
8-31 person whose license has been suspended, or reprimand a licensee
8-32 for a violation of this Act or a rule of the commission. If a
8-33 license suspension is probated, the commission may require the
8-34 licensee to report regularly to the commission on matters that are
8-35 the basis of the probation.
8-36 Sec. 3.15. HEARING REQUIREMENTS. If the commission proposes
8-37 to suspend, revoke, or refuse to renew a person's license, the
8-38 person is entitled to a hearing conducted by the State Office of
8-39 Administrative Hearings. Proceedings for a disciplinary action,
8-40 other than those conducted by racing stewards or judges, are
8-41 governed by the administrative procedure law, Chapter 2001,
8-42 Government Code. Rules of practice adopted by the commission under
8-43 Section 2001.004, Government Code, applicable to the proceedings
8-44 for a disciplinary action, other than those conducted by racing
8-45 stewards or judges, may not conflict with rules adopted by the
8-46 State Office of Administrative Hearings.
8-47 Sec. 3.16. RULES RELATING TO UNLAWFUL INFLUENCES ON RACING.
8-48 (a) The commission shall adopt rules prohibiting a person from
8-49 unlawfully influencing or affecting the outcome of a race,
8-50 including rules relating to the use of a prohibited device or
8-51 substance.
8-52 (b) The commission may require prerace testing and shall
8-53 require postrace testing to determine whether a prohibited
8-54 substance has been used. The testing may be by an invasive or
8-55 noninvasive method. The commission's rules shall require
8-56 state-of-the-art testing methods.
8-57 (c) Following the discovery of a prohibited device or a
8-58 return of a test showing the presence of a prohibited substance, a
8-59 steward or judge may summarily suspend a person who has used or
8-60 administered the prohibited device or substance until a hearing
8-61 before the stewards and judges. The steward or judge may also
8-62 disqualify an animal pursuant to a commission rule adopted under
8-63 this section.
8-64 (d) A person may appeal a ruling of the stewards or judges
8-65 to the commission. The commission may stay a summary suspension
8-66 during the period the matter is before the commission.
8-67 (e) The commission may require urine samples to be frozen
8-68 for a period necessary to allow any follow-up testing to detect and
8-69 identify a prohibited substance. Any other specimen shall be
8-70 maintained for testing purposes in a manner required by commission
9-1 rule.
9-2 (f) If a test sample or specimen shows the presence of a
9-3 prohibited substance, the entire sample, including any split
9-4 portion, shall be maintained until final disposition of the matter.
9-5 (g) A license holder whose animal test shows the presence of
9-6 a prohibited substance is entitled to have a split portion of the
9-7 test sample or specimen tested at a testing facility authorized to
9-8 perform drug testing under this Act and selected by the license
9-9 holder. The commission shall adopt rules relating to split testing
9-10 procedures.
9-11 (h) The licensed trainer of each animal is responsible for
9-12 ensuring that no prohibited substance is administered to the
9-13 animal.
9-14 (i) The commission shall adopt rules relating to the drug
9-15 testing of license holders.
9-16 (j) A person who violates a rule adopted under this section
9-17 may:
9-18 (1) have any license issued to the person by the
9-19 commission revoked or suspended; or
9-20 (2) be barred for life or any other period from
9-21 applying for or receiving a license issued by the commission or
9-22 entering any portion of a racetrack facility.
9-23 SECTION 16. Section 5.01(a), Texas Racing Act (Article 179e,
9-24 Vernon's Texas Civil Statutes), is amended to read as follows:
9-25 (a) The commission shall prescribe forms for applications
9-26 for licenses and shall provide each occupational licensee with a
9-27 license certificate or credentials.
9-28 SECTION 17. Sections 5.03(a) and (b), Texas Racing Act
9-29 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
9-30 as follows:
9-31 (a) An applicant for any license under this Act must, except
9-32 as allowed under Section 7.10 of this Act, submit to the commission
9-33 a complete set of fingerprints of the individual natural person
9-34 applying for the license or, if the applicant is not an individual
9-35 natural person, a complete set of fingerprints of each officer or
9-36 director and of each person owning an interest of at least five
9-37 percent in the applicant. The Department of Public Safety may
9-38 request any person owning any interest in an applicant for a
9-39 racetrack license to submit a complete set of fingerprints.
9-40 (b) If a complete set of fingerprints is required by the
9-41 commission, the <The> commission shall, not later than the next day
9-42 after receiving the prints, forward the prints to the Department of
9-43 Public Safety or the Federal Bureau of Investigation. If the
9-44 prints are forwarded to the Department of Public Safety, the <The>
9-45 department shall classify the prints and check them against its
9-46 fingerprint files and shall report to the commission its findings
9-47 concerning the criminal record of the applicant or the lack of such
9-48 a record. A racetrack license may not be issued until the report
9-49 is made to the commission. A temporary occupational license may be
9-50 issued before a report is made to the commission.
9-51 SECTION 18. Article 5, Texas Racing Act (Article 179e,
9-52 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
9-53 to read as follows:
9-54 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
9-55 commission shall, in determining the amount of a license fee, set
9-56 the fee in an amount that will cover, at least, the cost of
9-57 conducting a criminal history check on the applicant for a license.
9-58 (b) The commission shall reimburse the Department of Public
9-59 Safety for the cost of conducting a criminal history check under
9-60 this article.
9-61 SECTION 19. Section 6.01, Texas Racing Act (Article 179e,
9-62 Vernon's Texas Civil Statutes), is amended to read as follows:
9-63 Sec. 6.01. License required. A person shall not conduct
9-64 wagering on a greyhound race <meeting> or a horse race meeting
9-65 without first obtaining a racetrack license from the commission
9-66 <with wagering on the results without a racetrack license>. A
9-67 person who violates this section commits an offense.
9-68 SECTION 20. Section 6.02(d), Texas Racing Act (Article 179e,
9-69 Vernon's Texas Civil Statutes), is amended to read as follows:
9-70 (d) A class 3 racetrack is a racetrack operated by a city, a
10-1 county, or a nonprofit fair under Article 12 of this Act. An
10-2 association that holds a class 3 racetrack license and that
10-3 conducted horse races in 1986 may conduct live races for a number
10-4 of days not to exceed 16 days in a calendar year on the dates
10-5 selected by the association.
10-6 SECTION 21. Section 6.04(a), Texas Racing Act (Article 179e,
10-7 Vernon's Texas Civil Statutes), is amended to read as follows:
10-8 (a) The commission may issue a racetrack license to a
10-9 qualified person if it finds that the conduct of race meetings at
10-10 the proposed track and location will be in the public interest,
10-11 complies with all zoning laws, and complies with this Act and the
10-12 rules adopted by the commission and if the commission finds by
10-13 clear and convincing evidence that the applicant will comply with
10-14 all criminal laws of this state. In determining whether to grant
10-15 or deny an application for any class of racetrack license, the
10-16 commission may consider <the degree to which any of> the following
10-17 factors <regarding the applicant's racetrack or proposed race
10-18 meeting serve to nurture, promote, develop, or improve the horse or
10-19 greyhound industry in this state>:
10-20 (1) the applicant's financial stability;
10-21 (2) the applicant's resources for supplementing the
10-22 purses for races for various breeds;
10-23 (3) the location of the proposed track;
10-24 (4) the effect of the proposed track on traffic flow;
10-25 (5) facilities for patrons and occupational licensees;
10-26 (6) facilities for race animals;
10-27 (7) availability to the track of support services and
10-28 emergency services;
10-29 (8) the experience of the applicant's employees;
10-30 (9) the potential for conflict with other licensed
10-31 race meetings;
10-32 (10) the anticipated effect of the race meeting on the
10-33 greyhound or horse breeding industry in this state; and
10-34 (11) the anticipated effect of the race meeting on the
10-35 state and local economy from tourism, increased employment, and
10-36 other sources.
10-37 SECTION 22. Sections 6.06(a), (b), (e), and (f), Texas
10-38 Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
10-39 amended to read as follows:
10-40 (a) To preserve and protect the public health, welfare, and
10-41 safety, the commission shall adopt rules relating to license
10-42 applications, <renewal applications,> the financial responsibility,
10-43 moral character, and ability of applicants, and all matters
10-44 relating to the planning, construction, and operation of
10-45 racetracks. The commission may refuse to issue a <an original or
10-46 renewal> racetrack license or may revoke or suspend a license if,
10-47 after notice and hearing, it has reasonable grounds to believe and
10-48 finds that:
10-49 (1) the applicant has been convicted in a court of
10-50 competent jurisdiction of a violation of this Act or any rule
10-51 adopted by the commission or that the applicant has aided, abetted,
10-52 or conspired with any person to commit such a violation;
10-53 (2) the applicant has been convicted of a felony or of
10-54 any crime involving moral turpitude, including convictions for
10-55 which the punishment received was a suspended sentence, probation,
10-56 or a nonadjudicated conviction, that is reasonably related to the
10-57 applicant's present fitness to hold a license under this Act;
10-58 (3) the applicant has violated or has caused to be
10-59 violated this Act or a rule of the commission in a manner that
10-60 involves moral turpitude, as distinguished from a technical
10-61 violation of this Act or of a rule;
10-62 (4) the applicant is unqualified, by experience or
10-63 otherwise, to perform the duties required of a licensee under this
10-64 Act;
10-65 (5) the applicant failed to answer or falsely or
10-66 incorrectly answered a question in an original or renewal
10-67 application;
10-68 (6) the applicant fails to disclose the true ownership
10-69 or interest in a greyhound or horse as required by the rules of the
10-70 commission;
11-1 (7) the applicant is indebted to the state for any
11-2 fees or for the payment of a penalty imposed by this Act or by a
11-3 rule of the commission;
11-4 (8) the applicant is not of good moral character or
11-5 the applicant's reputation as a peaceable, law-abiding citizen in
11-6 the community where the applicant resides is bad;
11-7 (9) the applicant has not yet attained the minimum age
11-8 necessary to purchase alcoholic beverages in this state;
11-9 (10) the applicant is in the habit of using alcoholic
11-10 beverages to an excess or uses a controlled substance as defined in
11-11 Chapter 481, Health and Safety Code, or a dangerous drug as defined
11-12 in Chapter 483, Health and Safety Code or is mentally
11-13 incapacitated;
11-14 (11) the applicant may be excluded from a track
11-15 enclosure under Article 13 or 14 of this Act;
11-16 (12) the applicant has not been a United States
11-17 citizen residing in this state for the period of 10 consecutive
11-18 years immediately preceding the filing of the application;
11-19 (13) the applicant has improperly used a license
11-20 certificate, credential, or identification card issued under this
11-21 Act;
11-22 (14) the applicant is residentially domiciled with a
11-23 person whose license has been revoked for cause within the 12
11-24 months immediately preceding the date of the present application;
11-25 (15) the applicant has failed or refused to furnish a
11-26 true copy of the application to the commission's district office in
11-27 the district in which the premises for which the permit is sought
11-28 are located; <or>
11-29 (16) the applicant is engaged or has engaged in
11-30 activities or practices that the commission finds are detrimental
11-31 to the best interests of the public and the sport of greyhound
11-32 racing or horse racing; or
11-33 (17) the applicant fails to fully disclose the true
11-34 owners of all interests, beneficial or otherwise, in a proposed
11-35 racetrack facility.
11-36 (b) Subsection (a) of this section applies to a corporation,
11-37 partnership, limited partnership, or any other organization or
11-38 group whose application is comprised of more than one person if a
11-39 shareholder, partner, limited partner <if any>, director, or
11-40 officer is disqualified under Subsection (a) of this section.
11-41 (e) The <appropriate section of the> commission may
11-42 condition the issuance of a license under this article on the
11-43 observance of its rules. The commission may amend the rules at any
11-44 time and may condition the continued holding of the license on
11-45 compliance with the rules as amended.
11-46 (f) The <appropriate section of the> commission may refuse
11-47 to issue a license or may suspend or revoke a license of a licensee
11-48 under this article who knowingly or intentionally allows access to
11-49 an enclosure where greyhound races or horse races are conducted to
11-50 a person who has engaged in bookmaking, touting, or illegal
11-51 wagering, whose income is from illegal activities or enterprises,
11-52 or who has been convicted of a violation of this Act.
11-53 SECTION 23. Section 6.06, Texas Racing Act (Article 179e,
11-54 Vernon's Texas Civil Statutes), is amended by adding Subsection (i)
11-55 to read as follows:
11-56 (i) Subsections (a)(12), (c), and (d) of this section do not
11-57 apply to an applicant for or the holder of a racetrack license if
11-58 the applicant, the license holder, or the license holder's parent
11-59 company is a publicly traded company and the license applied for or
11-60 held is for the operation of a racetrack facility that is within
11-61 100 miles of the border of the United Mexican States.
11-62 SECTION 24. Article 6, Texas Racing Act (Article 179e,
11-63 Vernon's Texas Civil Statutes), is amended by adding Sections 6.061
11-64 and 6.062 to read as follows:
11-65 Sec. 6.061. REGULATION OF INAPPROPRIATE OR UNSAFE
11-66 CONDITIONS. (a) The commission shall adopt rules implementing
11-67 this section, including rules:
11-68 (1) requiring the report of and correction of:
11-69 (A) an inappropriate condition on the premises
11-70 of a racetrack facility, including a failure to properly maintain
12-1 the facility, that interferes with the administration of this Act;
12-2 or
12-3 (B) a condition on the premises of a racetrack
12-4 facility that makes the facility unsafe for a race participant,
12-5 patron, or animal; and
12-6 (2) determining the methods and manner in which the
12-7 executive secretary may determine and remedy inappropriate
12-8 conditions or unsafe facilities on the premises of a racetrack
12-9 facility, including the methods and manner in which the executive
12-10 secretary may conduct inspections of the racetrack facility and
12-11 remedy emergency situations.
12-12 (b) The executive secretary shall issue a notice of
12-13 violation to a racetrack facility on a finding that an
12-14 inappropriate or unsafe condition exists.
12-15 (c) If the executive secretary determines that an
12-16 inappropriate or unsafe condition exists at the racetrack facility,
12-17 the executive secretary shall order the racetrack facility to take
12-18 action within a specified period to remedy the inappropriate
12-19 condition or unsafe condition. In determining the period for
12-20 compliance, the executive secretary shall consider the nature and
12-21 severity of the problem and the threat to the health, safety, and
12-22 welfare of the race participants, patrons, or animals.
12-23 (d) The commission shall adopt rules requiring the reporting
12-24 of any corrective action taken by a racetrack facility in response
12-25 to an order of the executive secretary under Subsection (c) of this
12-26 section.
12-27 (e) If a racetrack facility fails to take any action as
12-28 required under Subsection (c) of this section, the executive
12-29 secretary shall initiate an enforcement action against the
12-30 racetrack facility. The executive secretary may rescind any live
12-31 or simulcast race date of any racetrack association that does not
12-32 take corrective action within the period set by the executive
12-33 secretary.
12-34 (f) The commission shall adopt rules relating to the
12-35 commission's review of an action taken under this section by the
12-36 executive secretary. A review procedure adopted under this
12-37 subsection must be consistent with Chapter 2001, Government Code.
12-38 Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The
12-39 commission shall adopt a method of supervising and approving the
12-40 construction, renovation, or maintenance of any building or
12-41 improvement on the premises of a racetrack facility.
12-42 (b) The commission shall adopt rules relating to:
12-43 (1) the approval of plans and specifications;
12-44 (2) the contents of plans and specifications;
12-45 (3) the maintenance of records to ensure compliance
12-46 with approved plans and specifications;
12-47 (4) the content and filing of construction progress
12-48 reports by the racetrack facility to the commission;
12-49 (5) the inspection by the commission or others;
12-50 (6) the method for making a change or amendment to an
12-51 approved plan or specification; and
12-52 (7) any other method of supervision or oversight
12-53 necessary.
12-54 (c) If the commission has grounds to believe that an
12-55 association has failed to comply with the requirements of this
12-56 section, a representative of the association shall appear before
12-57 the commission, at a public hearing, to consider the issue of
12-58 compliance with the rules adopted under this section.
12-59 (d) Before a building or improvement may be used by the
12-60 association, the commission shall determine whether the
12-61 construction, renovation, or maintenance of the building or
12-62 improvement was completed in accordance with the approved plans and
12-63 specifications and whether other requirements of the commission
12-64 were met.
12-65 (e) If the commission determines that the association failed
12-66 to comply with a requirement of this section or rule adopted under
12-67 this section, the commission shall initiate an enforcement action
12-68 against the association. In addition to any other authorized
12-69 enforcement action, the commission may rescind any live or
12-70 simulcast race date of any association that has failed to comply
13-1 with the requirement of this section.
13-2 SECTION 25. Section 6.08(l), Texas Racing Act (Article 179e,
13-3 Vernon's Texas Civil Statutes), is amended to read as follows:
13-4 (l) An association may not make a deduction or withhold any
13-5 percentage of a purse from the account into which the purse paid to
13-6 a horse owner is deposited for membership payments, dues,
13-7 assessments, or any other payments to any <an> organization except
13-8 an organization of the horse owner's choice recognized by the
13-9 commission as an official representative of the horsemen licensed
13-10 by the commission.
13-11 SECTION 26. Section 6.09, Texas Racing Act (Article 179e,
13-12 Vernon's Texas Civil Statutes), is amended by adding Subsection (f)
13-13 to read as follows:
13-14 (f) The commission in adopting rules relating to money paid
13-15 to the commission for use by the state greyhound breed registry
13-16 under Subsection (d) of this section shall require the award of a
13-17 grant in an amount equal to two percent of the amount paid to the
13-18 commission for use by the state greyhound breed registry to a
13-19 person or entity for the rehabilitation of greyhounds or to locate
13-20 homes for greyhounds.
13-21 SECTION 27. Section 6.091(a), Texas Racing Act (Article
13-22 179e, Vernon's Texas Civil Statutes), is amended to read as
13-23 follows:
13-24 (a) An association shall distribute from the total amount
13-25 deducted as provided by Sections 6.08(a) and 6.09(a) of this Act
13-26 from each simulcast pari-mutuel pool the following shares:
13-27 (1) an amount equal to one percent of each pool as the
13-28 amount set aside for the state;
13-29 (2) an amount equal to 0.25 percent of each pool set
13-30 aside to the Texas Commission on Alcohol and Drug Abuse to be
13-31 expended for the prevention of problem gambling;
13-32 (3) if the association is a horse racing association,
13-33 an amount equal to one percent of a multiple two wagering pool or
13-34 multiple three wagering pool as the amount set aside for the
13-35 Texas-bred program to be used as provided by Section 6.08(f) of
13-36 this Act;
13-37 (4) if the association is a greyhound association, an
13-38 amount equal to one percent of a multiple two wagering pool or a
13-39 multiple three wagering pool as the amount set aside for the
13-40 Texas-bred program for greyhound races, to be distributed and used
13-41 in accordance with rules of the commission adopted to promote
13-42 greyhound breeding in this state; and
13-43 (5) except as provided by Section 11.0115(b) of this
13-44 Act, the remainder as the amount set aside for purses, expenses,
13-45 the sending association, and the receiving location pursuant to a
13-46 contract approved by the commission between the sending association
13-47 and the receiving location.
13-48 SECTION 28. Article 6, Texas Racing Act (Article 179e,
13-49 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
13-50 to read as follows:
13-51 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
13-52 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
13-53 monitoring, and auditing requirements or other appropriate
13-54 performance measures for any funds distributed to or used by or any
13-55 function or service provided by the expenditure of any funds
13-56 distributed to or used by any organization that receives funds
13-57 generated by live or simulcast pari-mutuel racing.
13-58 (b) The commission shall adopt the requirements or
13-59 performance measures after consultation with the affected
13-60 organization. In adopting the rules, the commission shall give
13-61 consideration to the concerns of the affected organization.
13-62 (c) An independent audit shall be conducted annually of an
13-63 organization receiving funds generated by live or simulcast
13-64 pari-mutuel racing. A copy of the report shall be sent to the
13-65 commission. The audit shall include a verification of any
13-66 performance report sent to or required by the commission.
13-67 (d) The commission may review any records or books of an
13-68 organization that submits an independent audit to the commission as
13-69 the commission determines necessary to confirm or further
13-70 investigate the findings of an audit or report.
14-1 (e) The commission by rule may suspend or withhold funds
14-2 from an organization that:
14-3 (1) it determines has failed to comply with the
14-4 requirements or performance measures adopted under Subsection (a)
14-5 of this section; or
14-6 (2) has, following an independent audit or other
14-7 report to the commission, material questions raised on the use of
14-8 funds by the organization.
14-9 SECTION 29. Section 6.17(a), Texas Racing Act (Article 179e,
14-10 Vernon's Texas Civil Statutes), is amended to read as follows:
14-11 (a) A commissioners court may collect a fee not to exceed 15
14-12 cents on each paid <as an> admission <fee> to a licensed racetrack
14-13 located within the county. If the racetrack is located within an
14-14 incorporated city or town, the governing body of the city or town
14-15 may collect a fee not to exceed 15 cents on each paid <as an>
14-16 admission <fee> to a licensed racetrack located within the city or
14-17 town. If the racetrack is not located within an incorporated city
14-18 or town, the court may collect an additional fee not to exceed 15
14-19 cents on each paid <as an> admission <fee> to a licensed racetrack
14-20 located within the county for allocation among the incorporated
14-21 cities or towns in the county. If the racetrack is not located in
14-22 an incorporated city or town, the court shall collect the
14-23 additional fee if requested to do so by the governing bodies of a
14-24 majority of the incorporated cities and towns in the county.
14-25 Allocation of the fees shall be based on the population within the
14-26 county of the cities or towns.
14-27 SECTION 30. Section 7.01, Texas Racing Act (Article 179e,
14-28 Vernon's Texas Civil Statutes), is amended to read as follows:
14-29 Sec. 7.01. License required. A person shall not participate
14-30 in racing with pari-mutuel wagering <as regulated by this Act>
14-31 without first obtaining a license from the commission. <A person
14-32 who violates this section commits an offense.>
14-33 SECTION 31. Section 7.02, Texas Racing Act (Article 179e,
14-34 Vernon's Texas Civil Statutes), is amended by amending Subsection
14-35 (a) and adding Subsections (c) and (d) to read as follows:
14-36 (a) Each person, other than a spectator or person placing a
14-37 wager, involved in any capacity with racing with pari-mutuel
14-38 wagering under<, other than as a spectator, as regulated by> this
14-39 Act<,> must obtain a license under this article. <A person who
14-40 violates this subsection commits an offense.>
14-41 (c) If an examination is required for the issuance of a
14-42 license under this article, not later than the 30th day after the
14-43 day on which a licensing examination is administered under this
14-44 Act, the commission shall notify each examinee of the results of
14-45 the examination.
14-46 (d) If requested in writing by a person who fails a
14-47 licensing examination administered under this Act, the commission
14-48 shall furnish the person with an analysis of the person's
14-49 performance on the examination.
14-50 SECTION 32. Section 7.04, Texas Racing Act (Article 179e,
14-51 Vernon's Texas Civil Statutes), is amended to read as follows:
14-52 Sec. 7.04. Licenses; grounds for denial, revocation, and
14-53 suspension. The commission, after notice and hearing, may refuse
14-54 to issue any original or renewal license under this article or may
14-55 revoke or suspend the license if it has reasonable grounds to
14-56 believe and finds that:
14-57 (1) the applicant has been convicted in a court of
14-58 competent jurisdiction of a violation of this Act or of any rule
14-59 adopted by the commission or has aided, abetted, or conspired with
14-60 any person to commit such a violation;
14-61 (2) the applicant has been convicted of a felony or of
14-62 any crime involving moral turpitude that is reasonably related to
14-63 the applicant's present fitness to hold a license under this Act;
14-64 (3) the applicant has violated or has caused to be
14-65 violated this Act or a rule of the commission in a manner that
14-66 involves moral turpitude, as distinguished from a technical
14-67 violation of this Act or of a rule;
14-68 (4) the applicant is unqualified, by experience or
14-69 otherwise, to perform the duties required of a licensee under this
14-70 Act;
15-1 (5) the applicant failed to answer or has falsely or
15-2 incorrectly answered a question in an original or renewal
15-3 application;
15-4 (6) the applicant fails to disclose the true ownership
15-5 or interest in a greyhound or horse as required by the rules of the
15-6 commission;
15-7 (7) the applicant is indebted to the state for any
15-8 fees or for the payment of a penalty imposed by this Act or by a
15-9 rule of the commission;
15-10 (8) the applicant is not of good moral character or
15-11 the applicant's reputation as a peaceable, law-abiding citizen in
15-12 the community where the applicant resides is bad;
15-13 (9) the applicant is in the habit of using alcoholic
15-14 beverages to an excess or uses a controlled substance as defined in
15-15 Chapter 481, Health and Safety Code, or a dangerous drug as defined
15-16 in Chapter 483, Health and Safety Code or is mentally
15-17 incapacitated;
15-18 (10) the applicant may be excluded from a track
15-19 enclosure under Article 13 or 14 of this Act;
15-20 (11) the commission determines that the applicant has
15-21 improperly used a temporary pass, license certificate, credential,
15-22 or identification card issued under this Act;
15-23 (12) the applicant is residentially domiciled with a
15-24 person whose license has been revoked for cause within the 12
15-25 months immediately preceding the date of the present application;
15-26 (13) the applicant has failed or refused to furnish a
15-27 true copy of the application to the commission's district office in
15-28 the district in which the premises for which the permit is sought
15-29 are located; or
15-30 (14) the applicant is engaged or has engaged in
15-31 activities or practices that are detrimental to the best interests
15-32 of the public and the sport of horse racing or greyhound racing.
15-33 SECTION 33. Section 7.05, Texas Racing Act (Article 179e,
15-34 Vernon's Texas Civil Statutes), is amended to read as follows:
15-35 Sec. 7.05. License fees. (a) The commission shall adopt by
15-36 rule a fee schedule for licenses issued under this article.
15-37 (b) The commission shall base the license fees on the
15-38 relative or comparative incomes or property interests of the
15-39 various categories of licensees, with the lower income category of
15-40 licensees being charged nearer the minimum fee and the higher
15-41 income category of licensees charged nearer the maximum fee.
15-42 (c) In setting the fee schedule under Subsection (a) of this
15-43 section, the commission shall include the cost of criminal history
15-44 checks determined under Section 5.05 of this Act. The commission
15-45 may determine the best method for recouping this cost and complying
15-46 with the other provisions of this section, including collecting the
15-47 costs over an extended period.
15-48 SECTION 34. Section 7.07, Texas Racing Act (Article 179e,
15-49 Vernon's Texas Civil Statutes), is amended to read as follows:
15-50 Sec. 7.07. Term of license. (a) A license issued under
15-51 this article is valid for a period set by the commission not to
15-52 exceed 36 months following the date of its issuance. It is
15-53 renewable on application and payment of the fee in accordance with
15-54 the rules of the commission.
15-55 (b) The commission by rule may adopt a system under which
15-56 licenses expire on various dates during the year. For the year in
15-57 which the license expiration date is changed, license fees shall be
15-58 prorated on a monthly basis so that each licensee pays only that
15-59 portion of the license fee that is allocable to the number of
15-60 months during which the license is valid. On renewal of the
15-61 license on the new expiration date, the total license renewal fee
15-62 is payable.
15-63 SECTION 35. Article 7, Texas Racing Act (Article 179e,
15-64 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
15-65 to read as follows:
15-66 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
15-67 (a) The commission may waive any prerequisite to obtaining a
15-68 license for an applicant, including any requirement to submit a set
15-69 of fingerprints, after reviewing the applicant's credentials and
15-70 determining that the applicant holds a valid license from another
16-1 state that has license requirements substantially equivalent to
16-2 those of this state.
16-3 (b) The commission may waive any prerequisite to obtaining a
16-4 license, including any requirement to submit a set of fingerprints,
16-5 for an applicant with a valid license from another state with which
16-6 the State of Texas has a reciprocity agreement. The commission may
16-7 enter into reciprocal agreements with other states to allow for
16-8 licensing by reciprocity.
16-9 SECTION 36. Section 9.01, Texas Racing Act (Article 179e,
16-10 Vernon's Texas Civil Statutes), is amended to read as follows:
16-11 Sec. 9.01. Texas-bred horses. Subject to this Act and any
16-12 rule of the commission, the <The> state horse breed registries
16-13 shall make reasonable rules to establish the qualifications of
16-14 accredited Texas-bred horses to promote, develop, and improve the
16-15 breeding of horses in this state. Rules adopted by a registry are
16-16 subject to commission approval.
16-17 SECTION 37. Section 10.04, Texas Racing Act (Article 179e,
16-18 Vernon's Texas Civil Statutes), is amended to read as follows:
16-19 Sec. 10.04. Texas-bred greyhounds. (a) Subject to this Act
16-20 or any rule of the commission, the <The> state greyhound breed
16-21 registry shall make reasonable rules to establish the
16-22 qualifications of accredited Texas-bred greyhounds to promote,
16-23 develop, and improve the breeding of greyhounds in this state.
16-24 Rules adopted by the registry are subject to commission approval.
16-25 (b) The commission shall adopt standards relating to the
16-26 operation of greyhound farms or other facilities where greyhounds
16-27 are raised for pari-mutuel racing.
16-28 SECTION 38. Section 11.011, Texas Racing Act (Article 179e,
16-29 Vernon's Texas Civil Statutes), is amended by amending Subsections
16-30 (a), (c), (f), and (g) and adding Subsection (h) to read as
16-31 follows:
16-32 (a) The commission shall adopt rules to license, register,
16-33 and regulate pari-mutuel wagering on:
16-34 (1) races conducted in this state and simulcast to
16-35 licensed racetrack associations and simulcasting facilities in this
16-36 state or to out-of-state receiving locations; and
16-37 (2) races conducted out-of-state and simulcast to
16-38 licensed racetrack associations and simulcasting facilities in this
16-39 state.
16-40 (c) With approval of the commission, wagers accepted by a
16-41 licensed racetrack association or simulcasting facility in this
16-42 state on a race simulcast from out-of-state may be included in the
16-43 pari-mutuel pools for the race at the out-of-state sending
16-44 racetrack.
16-45 (f) Nothing in this Act is to be construed to allow wagering
16-46 <in Texas on simulcast races> at any location other than a
16-47 racetrack licensed or a simulcasting facility registered under
16-48 Section 11.0117 of this Act with the commission under this Act
16-49 <that has been granted live race dates by the commission>.
16-50 (g) The <Nothing in this Act is to be construed to allow>
16-51 wagering on a simulcast horse race at a greyhound racetrack in this
16-52 state<,> or <to permit> wagering on a simulcast greyhound race at a
16-53 horse racetrack in this state is permissible only under the
16-54 provisions of Section 11.0115 of this Act.
16-55 (h) A simulcasting facility may not be located in a county
16-56 where a class 2 or class 3 racetrack conducts live racing, unless
16-57 the breed registry representing the breeds of horses running live
16-58 at the class 2 or class 3 racetrack agrees. A simulcasting
16-59 facility may not be located in the county where a class 2 or class
16-60 3 racetrack that did not conduct live racing in 1995 is located,
16-61 unless the class 2 or class 3 racetrack agrees.
16-62 SECTION 39. Article 11, Texas Racing Act (Article 179e,
16-63 Vernon's Texas Civil Statutes), is amended by adding Sections
16-64 11.0115, 11.0116, and 11.0117 to read as follows:
16-65 Sec. 11.0115. CROSS-SPECIES SIMULCAST. (a) The commission
16-66 shall adopt rules relating to the regulation of pari-mutuel
16-67 wagering on races conducted in this state:
16-68 (1) by a greyhound track and simulcast to a horse
16-69 racing track in this state; and
16-70 (2) by a horse racing track and simulcast to a
17-1 greyhound track in this state.
17-2 (b) In the absence of an agreement between an officially
17-3 recognized horseman's or kennel operator's or owner's organization
17-4 at the sending association and the officially recognized
17-5 organization at the receiving association, 5-1/2 percent of the
17-6 pari-mutuel wagering pool shall be deducted for purses and shall be
17-7 placed in escrow until the formation of a contract. Interest on
17-8 the amount in escrow shall be paid to the general revenue fund and
17-9 shall be:
17-10 (1) used to repay any amount of money owed by the
17-11 commission to the general revenue fund to reimburse the start-up
17-12 costs of the commission; or
17-13 (2) if there are no amounts owing, deposited to the
17-14 credit of the general revenue fund.
17-15 (c) The rules of the commission applicable to this section
17-16 shall require that the same percentage of a simulcast pool
17-17 conducted under this section be set aside for the state and the
17-18 Texas-bred program of the breed registry of the sending association
17-19 as is set aside for the state and the Texas-bred program in Section
17-20 6.091 of this Act.
17-21 Sec. 11.0116. GENERAL SIMULCASTING REQUIREMENTS. (a) The
17-22 commission shall require that a greyhound or horse racing track
17-23 that presents simulcasting shall be required to receive a simulcast
17-24 from any other licensed racetrack association in this state that
17-25 provides or sends a simulcast of a race presented by the licensed
17-26 racetrack association.
17-27 (b) The commission shall require a racing association
17-28 sending a simulcast and a racing association receiving a simulcast
17-29 to enter into a contract regarding the amount of fee or expense
17-30 that may be charged. In the absence of an agreement between a
17-31 sending association and a receiving association, the receiving
17-32 association may charge an amount equal to three percent of the
17-33 simulcast pari-mutuel pool at the receiving association.
17-34 Sec. 11.0117. SIMULCASTING FACILITY PILOT PROGRAM. (a) The
17-35 commission shall adopt rules to implement a pilot program for the
17-36 conduct of simulcasting at a simulcasting facility. The commission
17-37 may allow the program to operate only in:
17-38 (1) any county that has previously approved
17-39 pari-mutuel wagering and that is within a 75-mile radius of a
17-40 licensed greyhound racetrack that is within 100 miles of the United
17-41 Mexican States; and
17-42 (2) Cameron County.
17-43 (b) In adopting rules under this section, the commission
17-44 shall adopt rules to allow and regulate pari-mutuel wagering on
17-45 intrastate and interstate simulcast races at the simulcasting
17-46 facility.
17-47 (c) The commission may not register more than three
17-48 simulcasting facilities under this section.
17-49 SECTION 40. Section 11.04, Texas Racing Act (Article 179e,
17-50 Vernon's Texas Civil Statutes), is amended by amending Subsections
17-51 (a) and (c) and adding Subsection (e) to read as follows:
17-52 (a) Only a person inside the enclosure where a <both> live
17-53 race or <and> simulcast race meeting is <meetings are> authorized
17-54 may wager on the result of a live or simulcast race presented by
17-55 the association in accordance with commission rules. The
17-56 commission shall adopt rules to prohibit wagering by employees of
17-57 the commission and to regulate wagering by persons licensed under
17-58 this Act.
17-59 (c) The commission shall adopt rules prohibiting an
17-60 association from accepting a wager made on credit <and shall adopt
17-61 rules prohibiting automatic banking machines within the enclosure>.
17-62 The commission shall prohibit all forms of automatic banking
17-63 machines, except the commission may not prohibit a machine that
17-64 uses an automated method that allows a person to access only the
17-65 person's checking account at a bank or other financial institution,
17-66 including a machine that requires the presence of another to
17-67 initiate the access to the checking account.
17-68 (e) The commission shall require an association that allows
17-69 the presence of a machine on the premises of the racetrack under
17-70 Subsection (c) of this section to collect a fee of $1 for each
18-1 transaction allowed under Subsection (c). The commission shall
18-2 adopt rules relating to the collection, reporting, and auditing of
18-3 that transaction fee. The fee shall be forwarded to the commission
18-4 and shall be:
18-5 (1) used to repay any amount of money owed by the
18-6 commission to the general revenue fund to reimburse the start-up
18-7 costs of the commission; or
18-8 (2) if there are no amounts owing, deposited to the
18-9 credit of the general revenue fund.
18-10 SECTION 41. Section 11.06, Texas Racing Act (Article 179e,
18-11 Vernon's Texas Civil Statutes), is amended to read as follows:
18-12 Sec. 11.06. Minors. <(a)> The commission shall adopt rules
18-13 to prohibit wagering by a minor <prevent wagering by persons who
18-14 have not yet attained the minimum age required to purchase
18-15 alcoholic beverages in this state> and to prohibit <prevent> a
18-16 child <person under 16 years of age> from entering the viewing
18-17 section of a racetrack unless accompanied by the child's <person's>
18-18 parent or guardian. The rules may except any conduct described as
18-19 an affirmative defense by Section 14.13 of this Act <A person who
18-20 intentionally, knowingly, recklessly, or with criminal negligence
18-21 violates a rule adopted under this section commits an offense. An
18-22 offense under this section is a Class B misdemeanor>.
18-23 <(b) A person commits an offense if the person intentionally
18-24 or knowingly engages in gaming at a racetrack when the person has
18-25 not yet attained the minimum age required to purchase alcoholic
18-26 beverages in this state. An offense under this subsection is a
18-27 Class C misdemeanor.>
18-28 SECTION 42. Section 11.09, Texas Racing Act (Article 179e,
18-29 Vernon's Texas Civil Statutes), is amended to read as follows:
18-30 Sec. 11.09. No liability to prosecution. The defense to
18-31 prosecution under Chapter 47, Penal Code, that the conduct was
18-32 authorized under this Act is available only to a person who is:
18-33 (1) <A person> lawfully conducting or participating in
18-34 the conduct of pari-mutuel wagering in connection with horse racing
18-35 or greyhound racing; or
18-36 (2) permitting the lawful conduct of an activity
18-37 described by Subdivision (1) of this section on any racetrack
18-38 facility <on any premises owned or leased by him or it under any
18-39 license lawfully issued under this Act is not liable to prosecution
18-40 for that conduct>.
18-41 SECTION 43. Article 12, Texas Racing Act (Article 179e,
18-42 Vernon's Texas Civil Statutes), is amended by adding Section 12.04
18-43 to read as follows:
18-44 Sec. 12.04. CITY-OPERATED RACETRACK. Subject to the
18-45 licensing requirements and other provisions of this Act, a city
18-46 with a population of 5,000 or more that owned a racetrack facility
18-47 in 1986 may conduct an annual race meeting if the meeting does not
18-48 exceed 16 racing days.
18-49 SECTION 44. Section 13.03, Texas Racing Act (Article 179e,
18-50 Vernon's Texas Civil Statutes), is amended to read as follows:
18-51 Sec. 13.03. CRIMINAL TRESPASS <Entry after ejection>.
18-52 <(a)> A person, for the purposes of Section 30.05, Penal Code, is
18-53 presumed to have received notice that entry to an enclosure was
18-54 forbidden if the person:
18-55 (1) was excluded or ejected from the enclosure under
18-56 this Act;
18-57 (2) possessed, displayed, or used in the enclosure a
18-58 credential that the person was not authorized to use; or
18-59 (3) entered the enclosure using a falsified
18-60 credential. <who has been excluded or ejected from an enclosure
18-61 under this article commits an offense if the person knowingly
18-62 enters an enclosure of the same or another licensed racetrack
18-63 unless the commission or a final judgment of a court has ordered
18-64 that the rule does not apply to the person.>
18-65 <(b) An offense under this section is a Class A misdemeanor.>
18-66 <(c) The provisions of Section 7.22, Penal Code, imposing
18-67 criminal responsibility on a corporation or association for an
18-68 offense committed by its agent apply to conduct constituting an
18-69 offense under this section that is performed by an agent of a
18-70 corporation or association.>
19-1 SECTION 45. Article 14, Texas Racing Act (Article 179e,
19-2 Vernon's Texas Civil Statutes), is amended to read as follows:
19-3 ARTICLE 14. CRIMINAL <TOUTING AND OTHER> OFFENSES
19-4 Sec. 14.01. Touting. (a) A person commits an offense if,
19-5 with an intent to deceive and an intent to obtain a benefit
19-6 <knowing the information is false>, the person knowingly makes a
19-7 false statement <or intentionally conveys> or offers, agrees to
19-8 convey, or conveys false information about a greyhound race or
19-9 horse race to another <others for compensation>.
19-10 (b) Except as provided by Subsection (c) of this section, an
19-11 offense under this section is a Class A misdemeanor <felony of the
19-12 third degree>.
19-13 (c) An offense under this section is a state jail felony <of
19-14 the second degree> if:
19-15 (1) the actor is a license holder under this Act or an
19-16 employee or member of the commission and the actor knowingly
19-17 represents that a member <an official> or employee of the
19-18 commission or a <of an association or an owner, trainer, jockey, or
19-19 other> person licensed by the commission is the source of the false
19-20 information; or
19-21 (2) the false statement or information was contained
19-22 in racing selection information provided to the public. <the actor
19-23 previously has been finally convicted of an offense under this
19-24 section or has been convicted of a felony for which the punishment
19-25 received was a suspended sentence, probation, or a nonadjudicated
19-26 conviction which has not yet been fully served.>
19-27 <(d) The provisions of Section 7.22, Penal Code, imposing
19-28 criminal responsibility on a corporation or association for an
19-29 offense committed by its agent apply to conduct constituting an
19-30 offense under this section that is performed by an agent of a
19-31 corporation or association.>
19-32 Sec. 14.02. Unlawful Possession or use of credential.
19-33 (a) A person commits an offense if the person knowingly or
19-34 intentionally possesses or displays a <license or> credential or
19-35 false credential that identifies <has been issued or purports to
19-36 have been issued by the commission and represents that> the person
19-37 as <is> the holder of the <license or> credential and <when> the
19-38 person knows:
19-39 (1) that the <license or> credential is not issued to
19-40 the person; or
19-41 (2) the person is not a license holder <if the person
19-42 impersonates in any way a person holding a license or credential
19-43 issued by the commission>.
19-44 (b) An offense under this section is a Class C misdemeanor
19-45 <felony of the third degree>.
19-46 <(c) The provisions of Section 7.22, Penal Code, imposing
19-47 criminal responsibility on a corporation or association for an
19-48 offense committed by its agent apply to conduct constituting an
19-49 offense under this section that is performed by an agent of a
19-50 corporation or association.>
19-51 <Sec. 14.03. ILLEGAL INFLUENCE OF RACE OUTCOME. (a) The
19-52 commission shall adopt rules prohibiting the illegal influencing of
19-53 the outcome of a race, including but not limited to the use of
19-54 medication, stimulants, or depressants to attempt to or to
19-55 influence illegally the outcome of a race.>
19-56 <(b) The commission may require prerace testing by any
19-57 invasive or noninvasive method or methods to determine whether such
19-58 a drug, chemical, or other substance has been administered. The
19-59 commission shall require postrace testing by such method or
19-60 methods. The commission shall adopt rules that require all such
19-61 tests to be conducted using state-of-the-art methods. On any
19-62 positive test showing the presence of prohibited drugs, chemicals,
19-63 or other substances, the stewards or racing judges may summarily
19-64 suspend any person who has administered or applied the drug,
19-65 chemical, or other substance or any electric device or spur pending
19-66 hearing by the stewards or judges with the right of appeal to the
19-67 commission. Such a suspension may be stayed, in the discretion of
19-68 the commission only, during the pendency of such appeal. In
19-69 addition, the stewards or racing judges may disqualify the affected
19-70 animal pursuant to rules adopted by the commission under this
20-1 section. The commission may require that urine samples be frozen
20-2 and maintained for a period that will enable veterinarians and
20-3 chemists to conduct follow-up tests to detect and identify
20-4 prohibited drugs. All other specimens shall be maintained for
20-5 testing purposes in the manner prescribed by the commission. In the
20-6 event a sample tests positive for a drug, chemical, or other
20-7 substance, all samples, including the split portion, shall be
20-8 maintained until the matter is finally adjudicated. A licensee
20-9 whose animal has tested positive for a drug, chemical, or other
20-10 substance is entitled to have a split portion of the sample tested
20-11 at a testing facility authorized to perform drug testing under
20-12 Section 3.07 of this Act and selected by the licensee. The
20-13 commission shall adopt rules regarding the procedure for the split
20-14 testing.>
20-15 <(c) The official licensed trainer of each such animal is
20-16 deemed by law to be the absolute insurer that no prohibited drug,
20-17 chemical, or other substance has been administered and shall be
20-18 responsible to see that such a drug, chemical, or other substance
20-19 is not administered.>
20-20 <(d) By applying for a license under this Act, each
20-21 occupational licensee consents to both prerace and postrace search
20-22 for the purpose of determining the presence of such a drug,
20-23 chemical, or other substance or of any electrical device or other
20-24 device that might have the effect of unnaturally depressing,
20-25 stimulating, or exciting any animal during a race. The commission
20-26 shall adopt rules relating to drug testing for occupational
20-27 licensees.>
20-28 <(e) A person who knowingly violates a rule adopted under
20-29 this section may be barred, either for a period set by the
20-30 commission or for life, from receiving any license under this Act
20-31 or may be barred for a period set by the commission or for life
20-32 from any premises licensed under this Act, or both.>
20-33 <(f) A person who knowingly violates a rule adopted under
20-34 this section commits a felony of the third degree for the first
20-35 offense and a felony of the second degree for a second or
20-36 subsequent offense.>
20-37 <(g) A person who gives, offers or promises to give, or
20-38 attempts to give or offer any money, bribe, or thing of value to
20-39 any jockey, trainer, owner, groom, or other person associated with
20-40 or interested in any stable, kennel, horse, or dog, or race in
20-41 which any horse or dog participates, with the intention or
20-42 understanding or agreement that such individual shall not use his
20-43 best efforts to win such race, or shall so conduct himself in such
20-44 race that any other participant shall thereby be assisted or
20-45 enabled to win such race, or shall so conduct himself in such race
20-46 as to limit his finishing or placing in such race commits an
20-47 offense. Such an offense is a felony of the third degree.>
20-48 <(h) A person who accepts, attempts to accept, offers to
20-49 accept, or agrees to accept any money, bribe, or thing of value,
20-50 with the intention or understanding or agreement that he will not
20-51 use his best efforts to win any horse or dog race, in which he is
20-52 the jockey, trainer, groom, owner, or other interested party or is
20-53 about to participate in, or will so conduct himself in such race
20-54 that any other horse or dog shall thereby be assisted or enabled to
20-55 win such race, or will so conduct himself in such race as to limit
20-56 his finishing or placing in such race commits an offense. Such an
20-57 offense is a felony of the third degree.>
20-58 <(i) A person who gives, offers to give, promises to give,
20-59 or attempts to give any money, bribe, or thing of value to any
20-60 person who is presiding or officiating at or who is about to
20-61 preside or officiate at any dog or horse race with the intention or
20-62 agreement or understanding that such person shall corruptly or
20-63 dishonestly preside or officiate at any such race with the
20-64 intention or purpose that the result of the race will be affected
20-65 or influenced thereby commits an offense. Such an offense is a
20-66 felony of the third degree.>
20-67 Sec. 14.04. Illegal access. (a) A person commits an
20-68 offense if the person is a license holder and the person <licensee
20-69 who> knowingly or intentionally permits, facilitates, or allows
20-70 access to an enclosure to another person who the person knows:
21-1 (1) <where races are conducted to a person who> has
21-2 engaged in bookmaking, touting, or illegal wagering where races are
21-3 conducted;
21-4 (2) derives<, whose> income <is> from illegal
21-5 activities or enterprises where races are conducted;
21-6 (3) <, or who> has been convicted of a violation of
21-7 this Act; or
21-8 (4) is excluded by the commission from entering a
21-9 racetrack facility<, commits an offense>.
21-10 (b) An offense under this section is a Class B misdemeanor
21-11 <felony of the third degree>.
21-12 Sec. 14.05. Races conducted on certain Indian lands. (a) A
21-13 person who is subject to this section commits an offense if the
21-14 person intentionally or knowingly wagers on the result of a
21-15 greyhound race or horse race conducted in this state that:
21-16 (1) is held on an American Indian reservation or on
21-17 American Indian trust land located in this state; and
21-18 (2) is not held under the supervision of the
21-19 commission under rules adopted under this Act.
21-20 (b) An offense under this section is a felony of the third
21-21 degree.
21-22 (c) It is an exception to the application of this section
21-23 that the person is a member of a recognized Texas Indian tribe who
21-24 lives on a reservation or on trust lands located in this state.
21-25 Sec. 14.06. False statements. (a) A person commits an
21-26 offense if the person <intentionally,> knowingly<, recklessly, or
21-27 with criminal negligence> makes a material and false, incorrect, or
21-28 deceptive statement to another who is conducting an investigation
21-29 or exercising discretion under this Act or a commission rule
21-30 <adopted under this Act>.
21-31 (b) In this section, the <The> term "statement" means a
21-32 representation of fact and includes<, but is not limited to>:
21-33 (1) a written or oral statement <statements>; or
21-34 (2) a sworn or unsworn statement <statements>.
21-35 (c) An offense under this section is a state jail felony
21-36 unless the statement was material in a commission action relating
21-37 to a racetrack license, in which event, the offense is a felony of
21-38 the third degree.
21-39 Sec. 14.07. HINDERING OF ENTRY OR SEARCH. (a) A person
21-40 commits an offense if the person <intentionally, knowingly,
21-41 recklessly, or> with criminal negligence refuses, denies, or
21-42 hinders entry to another who is exercising or attempting to
21-43 exercise a power of entry under this Act or a commission rule.
21-44 (b) A person commits an offense if the person with criminal
21-45 negligence refuses, denies, hinders, interrupts, disrupts, impedes,
21-46 or otherwise interferes with a search by a person exercising or
21-47 attempting to exercise a power to search under this Act or a
21-48 commission rule.
21-49 (c) <(b)> An offense under this section is a Class B
21-50 misdemeanor.
21-51 Sec. 14.08. FORGING PARI-MUTUEL TICKET. (a) A person
21-52 commits an offense if the person intentionally or knowingly forges
21-53 a pari-mutuel ticket with the intent to defraud or harm another.
21-54 (b) In this section, "forge" has the meaning assigned by
21-55 Section 32.21, Penal Code.
21-56 (c) An offense under this section is a felony of the third
21-57 degree.
21-58 Sec. 14.09. IMPERSONATING A LICENSE HOLDER. (a) A person
21-59 commits an offense if the person impersonates a license holder with
21-60 the intent to induce another person to submit to the actor's
21-61 purported authority as a license holder or to rely on the actor's
21-62 actions as an alleged license holder.
21-63 (b) An offense under this section is a Class A misdemeanor.
21-64 Sec. 14.10. UNLAWFUL INFLUENCE ON RACING. (a) A person
21-65 commits an offense if the person possesses a prohibited device or
21-66 substance on a racetrack facility.
21-67 (b) An offense under Subsection (a) of this section is a
21-68 state jail felony, unless the actor possessed the device or
21-69 substance with the intent to influence or affect the outcome of a
21-70 horse or greyhound race in a manner contrary to this Act or a
22-1 commission rule, in which event it is a felony of the third degree.
22-2 (c) A person commits an offense if, with the intent to
22-3 influence or affect a horse or greyhound race in a manner contrary
22-4 to this Act or a commission rule, the person:
22-5 (1) uses or offers to use a prohibited device; or
22-6 (2) uses or offers to use a prohibited substance.
22-7 (d) An offense under Subsection (c) of this section is a
22-8 felony of the third degree.
22-9 Sec. 14.11. BRIBERY AND CORRUPT INFLUENCE. (a) A person
22-10 commits an offense if, with the intent to influence or affect the
22-11 outcome of a race in a manner contrary to this Act or a commission
22-12 rule, the person offers, confers, agrees to confer on another, or
22-13 solicits, accepts, or agrees to accept from another person any
22-14 benefit as consideration for the actions of a person who receives
22-15 the benefit relating to the conduct, decision, opinion,
22-16 recommendation, vote, or exercise of discretion as a license holder
22-17 or other person associated with or interested in any stable,
22-18 kennel, horse, greyhound, or horse or greyhound race.
22-19 (b) An offense under this section is a state jail felony,
22-20 unless the recipient of the benefit is a steward, judge, or other
22-21 racetrack official exercising authority over a horse or greyhound
22-22 race that the person providing or offering the benefit intended to
22-23 influence, in which event it is a felony of the third degree.
22-24 Sec. 14.12. CRIMINAL CONFLICT OF INTEREST. A person who is
22-25 a member of the commission commits an offense if the person:
22-26 (1) accepts, directly or indirectly, employment or
22-27 remuneration from a racetrack facility, association, or other
22-28 license holder, including a facility, association, or license
22-29 holder located or residing in another state;
22-30 (2) wagers or causes a wager to be placed on the
22-31 outcome of a horse or greyhound race conducted in this state; or
22-32 (3) accepts or is entitled to any part of a purse to
22-33 be paid to an animal in a race conducted in this state.
22-34 Sec. 14.13. OFFENSES INVOLVING A MINOR. (a) A person
22-35 commits an offense if the person with criminal negligence permits,
22-36 facilitates, or allows:
22-37 (1) wagering by a minor at a racetrack facility; or
22-38 (2) entry by a child to the viewing section of a
22-39 racetrack facility.
22-40 (b) An offense under Subsection (a) of this section is a
22-41 Class B misdemeanor.
22-42 (c) A person commits an offense if the person is a minor and
22-43 intentionally or knowingly engages in wagering at a racetrack.
22-44 (d) An offense under Subsection (c) of this section is a
22-45 Class C misdemeanor.
22-46 (e) It is an affirmative defense to prosecution of an
22-47 offense under this section that a child was accompanied by and was
22-48 in the physical presence of a parent, guardian, or spouse who was
22-49 18 years of age or older.
22-50 (f) It is an affirmative defense to prosecution of an
22-51 offense under Subsection (a) of this section that the minor falsely
22-52 represented the minor's age by displaying to the person an
22-53 apparently valid Texas driver's license or identification card
22-54 issued by the department that contains a physical description
22-55 consistent with the minor's appearance.
22-56 Sec. 14.14. UNLAWFUL RACING. A person commits an offense
22-57 if:
22-58 (1) the person participates, permits, or conducts a
22-59 greyhound or horse race at a licensed racetrack facility;
22-60 (2) the person wagers on the partial or final outcome
22-61 of the horse or greyhound race or knows or reasonably should know
22-62 that another is betting on the partial or final outcome of the
22-63 race; and
22-64 (3) the race is not part of a performance or meeting
22-65 conducted under this Act or commission rule.
22-66 Sec. 14.15. PARI-MUTUEL RACING WITHOUT LICENSE. (a) A
22-67 person commits an offense if, without a license, the person
22-68 participates or is otherwise involved in, in any capacity,
22-69 greyhound racing or horse racing with pari-mutuel wagering.
22-70 (b) It is an affirmative defense to prosecution under
23-1 Subsection (a) of this section that the actor was a spectator or a
23-2 person placing a wager.
23-3 (c) An offense under Subsection (a) of this section is a
23-4 Class A misdemeanor, unless the actor was required by this Act to
23-5 obtain a racetrack license, in which event it is a state jail
23-6 felony.
23-7 Sec. 14.16. RACING WITHOUT LICENSE. (a) A person commits an
23-8 offense if the person:
23-9 (1) conducts a greyhound or horse race without a
23-10 racetrack license; and
23-11 (2) knows or reasonably should know that another
23-12 person is betting on the final or partial outcome of the race.
23-13 (b) An offense under this section is a felony of the third
23-14 degree.
23-15 Sec. 14.17. FAILURE TO DISPLAY CREDENTIAL. (a) A person
23-16 commits an offense if the person intentionally or knowingly:
23-17 (1) fails or refuses to display a credential to
23-18 another after a lawful request; or
23-19 (2) fails or refuses to give the person's name,
23-20 residence address, or date of birth to another after a lawful
23-21 request.
23-22 (b) In this section, "lawful request" means a request from
23-23 the commission, an authorized agent of the commission, the director
23-24 or a commissioned officer of the Texas Department of Public Safety,
23-25 a peace officer, or a steward or judge at any time and any
23-26 restricted location that:
23-27 (1) is on a racetrack facility; and
23-28 (2) is not a public place.
23-29 (c) Except as provided by Subsection (d) of this section, an
23-30 offense under this section is a Class B misdemeanor.
23-31 (d) At the punishment stage of a trial for an offense under
23-32 Subsection (a)(1) of this section the defendant may raise an issue
23-33 as to whether the defendant was a license holder at the time of the
23-34 offense. If the defendant proves the issue, the offense is a Class
23-35 C misdemeanor.
23-36 Sec. 14.18. SEARCH AND SEIZURE. (a) A person consents to a
23-37 search at a time and location described in Subsection (b) of this
23-38 section for a prohibited device, substance, or other contraband if
23-39 the person:
23-40 (1) accepts a license or other credential issued under
23-41 this Act; or
23-42 (2) enters a racetrack facility under the authority of
23-43 a license or other credential alleged to have been issued under
23-44 this Act.
23-45 (b) A search may be conducted by a commissioned officer of
23-46 the Texas Department of Public Safety or a peace officer, including
23-47 a peace officer employed by the commission, at any time and at any
23-48 location that is on a racetrack facility, except a location:
23-49 (1) excluded by commission rule from searches under
23-50 this section; or
23-51 (2) provided by an association under commission rule
23-52 for private storage of personal items belonging to a license holder
23-53 entering a racetrack facility.
23-54 (c) A person conducting a search under Subsection (b) of
23-55 this section may seize any prohibited device, substance, or other
23-56 contraband discovered during the search.
23-57 Sec. 14.19. PROSECUTION. A person who is subject to
23-58 prosecution for a penal offense under this Act and another law may
23-59 be prosecuted under either law.
23-60 Sec. 14.20. COMMISSION AUTHORITY. This article may not be
23-61 construed to restrict the commission's administrative authority to
23-62 enforce this Act or commission rules to the fullest extent
23-63 authorized by this Act.
23-64 SECTION 46. Section 15.01, Texas Racing Act (Article 179e,
23-65 Vernon's Texas Civil Statutes), is amended to read as follows:
23-66 Sec. 15.01. GENERAL PENALTY. If <With regard to any
23-67 provision of this Act that is a penal offense, if> no specific
23-68 penalty is provided for a provision of this Act that is a penal
23-69 offense, a person who violates the <such a> provision commits a
23-70 state jail felony <of the third degree>.
24-1 SECTION 47. Section 18.01(a), Texas Racing Act (Article
24-2 179e, Vernon's Texas Civil Statutes), is amended to read as
24-3 follows:
24-4 (a) The Texas Racing Commission is subject to Chapter 325,
24-5 Government Code (Texas Sunset Act). Unless continued in existence
24-6 as provided by that chapter, and except as provided by Subsections
24-7 (b) and (c) of this section, the commission is abolished and this
24-8 Act expires September 1, 2001 <1995>.
24-9 SECTION 48. Article 18, Texas Racing Act (Article 179e,
24-10 Vernon's Texas Civil Statutes), is amended by adding Section 18.08
24-11 to read as follows:
24-12 Sec. 18.08. DISTANCE LEARNING. The commission may provide
24-13 assistance to members of the racing industry who are attempting to
24-14 develop or implement adult or continuing education programs that
24-15 use distance learning.
24-16 SECTION 49. Section 466.155(a), Government Code, is amended
24-17 to read as follows:
24-18 (a) After a hearing, the director shall deny an application
24-19 for a license or the commission <comptroller> shall suspend or
24-20 revoke a license if the director or commission <comptroller>, as
24-21 applicable, finds that the applicant or sales agent:
24-22 (1) is an individual who:
24-23 (A) has been convicted of a felony, criminal
24-24 fraud, gambling or a gambling-related offense, or a misdemeanor
24-25 involving moral turpitude, if less than 10 years has elapsed since
24-26 the termination of the sentence, parole, mandatory supervision, or
24-27 probation served for the offense;
24-28 (B) is or has been a professional gambler; <or>
24-29 (C) is married to <or related in the first
24-30 degree of consanguinity or affinity to> an individual:
24-31 (i) described in Paragraph (A) or (B); or
24-32 (ii) who is currently delinquent in the
24-33 payment of any state tax;
24-34 (D) is an officer or employee of the commission
24-35 or a lottery operator; or
24-36 (E) is a spouse, child, brother, sister, or
24-37 parent residing as a member of the same household in the principal
24-38 place of residence of a person described by Paragraph (D);
24-39 (2) is not an individual, and an individual described
24-40 in Subdivision (1):
24-41 (A) is an officer or director of the applicant
24-42 or sales agent;
24-43 (B) holds more than 10 percent of the stock in
24-44 the applicant or sales agent;
24-45 (C) holds an equitable interest greater than 10
24-46 percent in the applicant or sales agent;
24-47 (D) is a creditor of the applicant or sales
24-48 agent who holds more than 10 percent of the applicant's or sales
24-49 agent's outstanding debt;
24-50 (E) is the owner or lessee of a business that
24-51 the applicant or sales agent conducts or through which the
24-52 applicant will conduct a ticket sales agency;
24-53 (F) shares or will share in the profits, other
24-54 than stock dividends, of the applicant or sales agent; or
24-55 (G) participates in managing the affairs of the
24-56 applicant or sales agent; <or>
24-57 <(H) is an employee of the applicant or sales
24-58 agent who is or will be involved in:>
24-59 <(i) selling tickets; or>
24-60 <(ii) handling money from the sale of
24-61 tickets;>
24-62 (3) is currently delinquent in the payment of any
24-63 state tax;
24-64 (4) is a person whose location for the sales agency
24-65 is:
24-66 (A) <a racetrack at which wagering is authorized
24-67 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
24-68 Statutes);>
24-69 <(B)> a location licensed for games of bingo
24-70 under the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
25-1 Statutes);
25-2 (B) <(C)> on land that is owned by:
25-3 (i) this state; or
25-4 (ii) a political subdivision of this
25-5 state, other than land used as a mass transportation facility that
25-6 is used by commercial carriers; or
25-7 (C) <(D)> a location for which a person holds a
25-8 wine and beer retailer's permit, mixed beverage permit, mixed
25-9 beverage late hours permit, private club registration permit, or
25-10 private club late hours permit issued under Chapter 25, 28, 29, 32,
25-11 or 33, Alcoholic Beverage Code; or
25-12 (5) has violated this chapter or a rule adopted under
25-13 this chapter.
25-14 SECTION 50. Section 481.172, Government Code, is amended to
25-15 read as follows:
25-16 Sec. 481.172. Duties. The department shall:
25-17 (1) promote and advertise within the United States and
25-18 in foreign countries, by radio, television, newspaper, and other
25-19 means considered appropriate, tourism in this state by non-Texans,
25-20 including persons from foreign countries, and distribute
25-21 promotional materials through appropriate agencies, including the
25-22 United States Travel and Tourism Agency;
25-23 (2) encourage travel by Texans to this state's scenic,
25-24 historical, natural, agricultural, educational, recreational, and
25-25 other attractions;
25-26 (3) coordinate and stimulate orderly and accelerated
25-27 development of tourist attractions throughout this state;
25-28 (4) conduct a public relations campaign to create a
25-29 responsible and accurate national and international image of this
25-30 state;
25-31 (5) cooperate fully with the Parks and Wildlife
25-32 Department in all matters relating to promotion of tourism;
25-33 (6) cooperate with the State Highway and Public
25-34 Transportation Commission in the administration of the commission's
25-35 collateral program of highway map distribution and operation of
25-36 travel information bureaus and other tourist-related functions of
25-37 the commission; <and>
25-38 (7) encourage communities, organizations, and
25-39 individuals in this state to cooperate with its program by their
25-40 activities and use of their own funds and collaborate with those
25-41 organizations and other governmental entities in the pursuit of the
25-42 objectives of this subchapter; and
25-43 (8) promote and encourage the horse racing and
25-44 greyhound racing industry, if funds are appropriated for the
25-45 promotion or encouragement.
25-46 SECTION 51. Chapter 46, Penal Code, is amended by adding
25-47 Section 46.115 to read as follows:
25-48 Sec. 46.115. EXEMPTION. Sections 46.02 and 46.03 do not
25-49 prohibit a peace officer from carrying a weapon at a racetrack at
25-50 which wagering is authorized under the Texas Racing Act (Article
25-51 179e, Vernon's Texas Civil Statutes), regardless of whether the
25-52 officer is engaged in the actual discharge of the officer's duties
25-53 while carrying the weapon.
25-54 SECTION 52. Sections 2.07, 3.01, 11.04(d), 15.02, and 18.02,
25-55 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
25-56 repealed.
25-57 SECTION 53. (a) This Act takes effect September 1, 1995.
25-58 (b) The changes in law made by this Act relating to the
25-59 qualifications and appointment of members to the Texas Racing
25-60 Commission do not affect the entitlement of a member of the
25-61 commission serving immediately before the effective date of this
25-62 Act to continue to serve on the commission for the term to which
25-63 the member was appointed. As the terms of members of the
25-64 commission expire or as vacancies on the commission occur, the
25-65 governor shall make appointments to the commission to achieve as
25-66 soon as possible the membership plan prescribed for the commission
25-67 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
25-68 Statutes), as amended by this Act.
25-69 (c) The Texas Racing Commission shall review all of the
25-70 rules of the commission before January 1, 1998. The commission,
26-1 following the review, shall readopt, modify, or repeal the rules
26-2 before January 1, 1998. In reviewing the rules of the commission,
26-3 the commission shall, to the extent feasible, attempt to have
26-4 uniform approaches to the regulation of activities related to horse
26-5 racing and greyhound racing.
26-6 (d) The authority for rulemaking and licensing and for any
26-7 action relating exclusively to horse racing or exclusively to
26-8 greyhound racing that was granted to a separate section of the
26-9 Texas Racing Commission is transferred to the Texas Racing
26-10 Commission.
26-11 SECTION 54. (a) The changes in law made by this Act apply
26-12 only to an offense committed on or after the effective date of this
26-13 Act. For purposes of this section, an offense is committed before
26-14 the effective date of this Act if any element of the offense occurs
26-15 before the effective date.
26-16 (b) An offense committed before the effective date of this
26-17 Act is covered by the law in effect when the offense was committed,
26-18 and the former law is continued in effect for this purpose.
26-19 SECTION 55. The importance of this legislation and the
26-20 crowded condition of the calendars in both houses create an
26-21 emergency and an imperative public necessity that the
26-22 constitutional rule requiring bills to be read on three several
26-23 days in each house be suspended, and this rule is hereby suspended.
26-24 * * * * *