By Armbrister S.B. No. 367
74R7315 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Racing
1-3 Commission and to the transfer of certain commission functions to
1-4 the Texas Department of Commerce.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.02, Texas Racing Act (Article 179e,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 1.02. Purposes. The purpose <purposes> of this Act is
1-9 <are> to <encourage agriculture, the horse-breeding industry, the
1-10 horse-training industry, the greyhound-breeding industry, tourism,
1-11 and employment opportunities in this state related to horse racing
1-12 and greyhound racing and to> provide for the strict regulation of
1-13 horse racing and greyhound racing and the control of pari-mutuel
1-14 wagering in connection with that racing.
1-15 SECTION 2. Section 1.03, Texas Racing Act (Article 179e,
1-16 Vernon's Texas Civil Statutes), is amended by adding Subdivision
1-17 (67) to read as follows:
1-18 (67) "Racetrack facility" means a facility operated by
1-19 an association within its enclosure for the purpose of presenting
1-20 races for pari-mutuel wagering.
1-21 SECTION 3. Section 2.02, Texas Racing Act (Article 179e,
1-22 Vernon's Texas Civil Statutes), is amended to read as follows:
1-23 Sec. 2.02. Membership. (a) The commission consists of six
1-24 members appointed by the governor with the advice and consent of
2-1 the senate and two ex officio members who shall have the right to
2-2 vote. The ex officio members are the chairman of the Public Safety
2-3 Commission and the comptroller of public accounts. <In making
2-4 appointments to the commission, the governor shall strive to
2-5 achieve representation by all the population groups of the state
2-6 with regard to economic status, sex, race, and ethnicity.>
2-7 (b) Appointments to the commission shall be made without
2-8 regard to the race, color, disability, sex, religion, age, or
2-9 national origin of the appointees. <One appointed member must be a
2-10 veterinarian licensed to practice in this state who specializes in
2-11 the treatment of small animals. One appointed member must be a
2-12 veterinarian licensed to practice in this state who specializes in
2-13 the treatment of large animals. Two appointed members must be
2-14 individuals who are not veterinarians and who have special
2-15 knowledge or experience related to greyhound racing. Two appointed
2-16 members must be individuals who are not veterinarians and who have
2-17 special knowledge or experience related to horse racing.>
2-18 <(c) In making appointments to the commission, the governor
2-19 shall attempt to reflect the minority groups found in the state's
2-20 general populace.>
2-21 SECTION 4. Section 2.03, Texas Racing Act (Article 179e,
2-22 Vernon's Texas Civil Statutes), is amended to read as follows:
2-23 Sec. 2.03. Term of office. (a) Appointed <Except for the
2-24 initial appointments, appointed> members hold office for staggered
2-25 terms of six years with two members' terms expiring February 1 of
2-26 each odd-numbered year. A member holds office until that member's
2-27 successor is appointed and qualifies.
3-1 (b) <In making the initial appointments, the governor shall
3-2 designate two appointed members for a term expiring February 1,
3-3 1989, two for a term expiring February 1, 1991, and two for a term
3-4 expiring February 1, 1993. The governor shall make the initial
3-5 appointments on or before February 1, 1987.>
3-6 <(c)> The ex officio members hold office on the commission
3-7 for the time for which they hold their other offices.
3-8 SECTION 5. Section 2.05, Texas Racing Act (Article 179e,
3-9 Vernon's Texas Civil Statutes), is amended to read as follows:
3-10 Sec. 2.05. Eligibility. (a) The appointed members of the
3-11 commission must be representatives of the general public and have
3-12 general knowledge of business or agribusiness. A person is not
3-13 eligible for appointment as a public member of the commission if
3-14 the person or the person's spouse:
3-15 (1) is licensed by the commission, except as a
3-16 commissioner;
3-17 (2) is employed by the commission or participates in
3-18 the management of a business entity or other organization regulated
3-19 by the commission or receiving funds from or through the
3-20 commission;
3-21 (3) owns or controls, directly or indirectly, more
3-22 than a 10 percent interest in a business entity or other
3-23 organization regulated by the commission or receiving funds from or
3-24 through the commission; or
3-25 (4) uses or receives a substantial amount of tangible
3-26 goods, services, or funds from or through the commission, other
3-27 than compensation or reimbursement authorized by law for commission
4-1 membership, attendance, or expenses.
4-2 (b) In addition to the eligibility requirements of
4-3 Subsection (a), a <A> person is not eligible to be an appointed
4-4 member of the commission if that person owns any financial interest
4-5 in a racetrack or its operation or if that person is related within
4-6 the second degree by affinity or the third degree by consanguinity,
4-7 as determined under Subchapter B, Chapter 573, Government Code
4-8 <Article 5996h, Revised Statutes>, to a person who owns any
4-9 financial interest in a racetrack or its operation.
4-10 (c) Each person appointed to or employed by the commission
4-11 is subject to all background checks and qualification criteria
4-12 required to hold a racetrack license or other license under this
4-13 Act.
4-14 (d) A person who has been convicted of a felony or of any
4-15 crime involving moral turpitude is not eligible for appointment to
4-16 the commission.
4-17 SECTION 6. Article 2, Texas Racing Act (Article 179e,
4-18 Vernon's Texas Civil Statutes), is amended by adding Sections
4-19 2.071-2.074 to read as follows:
4-20 Sec. 2.071. CONFLICT OF INTEREST. (a) An officer,
4-21 employee, or paid consultant of a Texas trade association in the
4-22 field of horse or greyhound racing or breeding may not be a member
4-23 of the commission or employee of the commission who is exempt from
4-24 the state's position classification plan or is compensated at or
4-25 above the amount prescribed by the General Appropriations Act for
4-26 step 1, salary group 12, of the position classification salary
4-27 schedule.
5-1 (b) A person who is the spouse of an officer, manager, or
5-2 paid consultant of such a Texas trade association may not be a
5-3 member of the commission and may not be an employee of the
5-4 commission who is exempt from the state's position classification
5-5 plan or is compensated at or above the amount prescribed by the
5-6 General Appropriations Act for step 1, salary group 12, of the
5-7 position classification salary schedule.
5-8 (c) For the purposes of this section, a Texas trade
5-9 association is a nonprofit, cooperative, and voluntarily joined
5-10 association of business or professional competitors in this state
5-11 designed to assist its members and its industry or profession in
5-12 dealing with mutual business or professional problems and in
5-13 promoting their common interest.
5-14 Sec. 2.072. LOBBYIST RESTRICTION. A person may not serve as
5-15 a member of the commission or act as the general counsel to the
5-16 commission if the person is required to register as a lobbyist
5-17 under Chapter 305, Government Code, because of the person's
5-18 activities for compensation on behalf of a profession related to
5-19 the operation of the commission.
5-20 Sec. 2.073. GROUNDS FOR REMOVAL. (a) It is a ground for
5-21 removal from the commission if a member:
5-22 (1) does not have at the time of appointment the
5-23 qualifications required by Section 2.02, 2.04, or 2.05 of this Act;
5-24 (2) does not maintain during service on the commission
5-25 the qualifications required by Section 2.02 or 2.05 of this Act;
5-26 (3) violates a prohibition established by Section
5-27 2.05, 2.07, 2.071, or 2.072 of this Act;
6-1 (4) cannot because of illness or disability discharge
6-2 the member's duties for a substantial part of the term for which
6-3 the member is appointed; or
6-4 (5) is absent from more than half of the regularly
6-5 scheduled commission meetings that the member is eligible to attend
6-6 during a calendar year unless the absence is excused by majority
6-7 vote of the commission.
6-8 (b) The validity of an action of the commission is not
6-9 affected by the fact that it is taken when a ground for removal of
6-10 a commission member exists.
6-11 (c) If the executive secretary has knowledge that a
6-12 potential ground for removal exists, the executive secretary shall
6-13 notify the presiding officer of the commission of the potential
6-14 ground. The presiding officer shall then notify the governor and
6-15 the attorney general that a potential ground for removal exists.
6-16 If the potential ground for removal involves the presiding officer,
6-17 the executive secretary shall notify the next highest officer of
6-18 the commission, who shall notify the governor and the attorney
6-19 general that a potential ground for removal exists.
6-20 Sec. 2.074. MEMBER TRAINING. (a) Before a member of the
6-21 commission may assume the member's duties and before the member may
6-22 be confirmed by the senate, the member must complete at least one
6-23 course of the training program established by the commission under
6-24 this section.
6-25 (b) A training program established under this section shall
6-26 provide information to the member regarding:
6-27 (1) the enabling legislation that created the
7-1 commission;
7-2 (2) the programs operated by the agency;
7-3 (3) the role and functions of the agency;
7-4 (4) the rules of the agency with an emphasis on the
7-5 rules that relate to disciplinary and investigatory authority;
7-6 (5) the current budget for the agency;
7-7 (6) the results of the most recent formal audit of the
7-8 agency;
7-9 (7) the requirements of the:
7-10 (A) open meetings law, Chapter 551, Government
7-11 Code;
7-12 (B) open records law, Chapter 552, Government
7-13 Code; and
7-14 (C) administrative procedure law, Chapter 2001,
7-15 Government Code;
7-16 (8) the requirements of the conflict of interest laws
7-17 and other laws relating to public officials; and
7-18 (9) any applicable ethics policies adopted by the
7-19 agency or the Texas Ethics Commission.
7-20 SECTION 7. Section 2.10, Texas Racing Act (Article 179e,
7-21 Vernon's Texas Civil Statutes), is amended to read as follows:
7-22 Sec. 2.10. PRESIDING OFFICER <CHAIRMAN>. The governor shall
7-23 designate a <one> member of the commission as the presiding officer
7-24 <chairman> of the commission to serve in that capacity at the
7-25 pleasure of the governor.
7-26 SECTION 8. Section 2.11, Texas Racing Act (Article 179e,
7-27 Vernon's Texas Civil Statutes), is amended by amending Subsection
8-1 (b) and adding Subsection (d) to read as follows:
8-2 (b) A majority of the commission constitutes a quorum. <A
8-3 majority of a section of the commission constitutes a quorum for
8-4 purposes of conducting business related to matters under the
8-5 exclusive jurisdiction of that section.>
8-6 (d) The commission shall, by rule, develop and implement
8-7 policies that provide the public with a reasonable opportunity to
8-8 appear before the commission and to speak on any issue under the
8-9 jurisdiction of the commission.
8-10 SECTION 9. Article 2, Texas Racing Act (Article 179e,
8-11 Vernon's Texas Civil Statutes), is amended by adding Sections
8-12 2.17-2.25 to read as follows:
8-13 Sec. 2.17. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
8-14 commission is subject to the open meetings law, Chapter 551,
8-15 Government Code, and the administrative procedure law, Chapter
8-16 2001, Government Code.
8-17 Sec. 2.18. ANNUAL ACCOUNTING. The commission shall prepare
8-18 annually a complete and detailed written report accounting for all
8-19 funds received and disbursed by the commission during the preceding
8-20 fiscal year. The annual report must meet the reporting
8-21 requirements applicable to financial reporting provided in the
8-22 General Appropriations Act.
8-23 Sec. 2.19. FUNDS PAID TO COMMISSION. All money paid to the
8-24 commission under this Act is subject to Subchapter F, Chapter 404,
8-25 Government Code.
8-26 Sec. 2.20. EMPLOYMENT PRACTICES. (a) The executive
8-27 secretary or the executive secretary's designee shall develop an
9-1 intra-agency career ladder program that addresses opportunities for
9-2 mobility and advancement for employees within the commission. The
9-3 program shall require intra-agency posting of all positions
9-4 concurrently with any public posting.
9-5 (b) The executive secretary or the executive secretary's
9-6 designee shall develop a system of annual performance evaluations
9-7 that are based on documented employee performance. All merit pay
9-8 for commission employees must be based on the system established
9-9 under this subsection.
9-10 (c) The executive secretary or the executive secretary's
9-11 designee shall prepare and maintain a written policy statement to
9-12 assure implementation of a program of equal employment opportunity
9-13 under which all personnel transactions are made without regard to
9-14 race, color, disability, sex, religion, age, or national origin.
9-15 The policy statement must include:
9-16 (1) personnel policies, including policies relating to
9-17 recruitment, evaluation, selection, appointment, training, and
9-18 promotion of personnel that are in compliance with the requirements
9-19 of Chapter 21, Labor Code;
9-20 (2) a comprehensive analysis of the commission
9-21 workforce that meets federal and state guidelines;
9-22 (3) procedures by which a determination can be made
9-23 about the extent of underuse in the commission workforce of all
9-24 persons for whom federal or state guidelines encourage a more
9-25 equitable balance; and
9-26 (4) reasonable methods to appropriately address those
9-27 areas of underuse.
10-1 (d) A policy statement prepared under Subsection (c) of this
10-2 section must cover an annual period, be updated annually and
10-3 reviewed by the Texas Commission on Human Rights for compliance
10-4 with Subsection (c)(1) of this section, and be filed with the
10-5 governor's office.
10-6 (e) The governor's office shall deliver a biennial report to
10-7 the legislature based on the information received under Subsection
10-8 (d) of this section. The report may be made separately or as a
10-9 part of other biennial reports made to the legislature.
10-10 Sec. 2.21. STANDARDS OF CONDUCT. The executive secretary or
10-11 the executive secretary's designee shall provide to members of the
10-12 commission and to agency employees, as often as necessary,
10-13 information regarding their qualification for office or employment
10-14 under this Act and their responsibilities under applicable laws
10-15 relating to standards of conduct for state officers or employees.
10-16 Sec. 2.22. DIVISION OF RESPONSIBILITY. The commission
10-17 shall, by rule, develop and implement policies that clearly
10-18 separate the policymaking responsibilities of the commission and
10-19 the management responsibilities of the executive secretary and the
10-20 staff of the commission.
10-21 Sec. 2.23. PROGRAM AND FACILITY ACCESSIBILITY. The
10-22 commission shall comply with federal and state laws related to
10-23 program and facility accessibility. The executive secretary shall
10-24 also prepare and maintain a written plan that describes how a
10-25 person who does not speak English can be provided reasonable access
10-26 to the commission's programs and services.
10-27 Sec. 2.24. INFORMATION TO PUBLIC. (a) The commission shall
11-1 prepare information of public interest describing the functions of
11-2 the commission and the procedures by which complaints are filed
11-3 with and resolved by the commission. The commission shall make the
11-4 information available to the public and appropriate state agencies.
11-5 (b) The commission by rule shall establish methods by which
11-6 racetrack patrons are notified of the name, mailing address, and
11-7 telephone number of the commission for the purpose of directing
11-8 complaints to the commission. The commission may provide for that
11-9 notification:
11-10 (1) on every race performance program provided by each
11-11 racetrack association; or
11-12 (2) on signs prominently displayed in the common
11-13 public areas on the premises of each racetrack association.
11-14 Sec. 2.25. COMPLAINT HANDLING. (a) The commission shall
11-15 keep information about each complaint filed with the commission.
11-16 The information shall include:
11-17 (1) the date the complaint is received;
11-18 (2) the name of the complainant;
11-19 (3) the subject matter of the complaint;
11-20 (4) a record of all persons contacted in relation to
11-21 the complaint;
11-22 (5) a summary of the results of the review or
11-23 investigation of the complaint; and
11-24 (6) for complaints for which the agency took no
11-25 action, an explanation of the reason the complaint was closed
11-26 without action.
11-27 (b) The commission shall keep a file about each written
12-1 complaint filed with the commission that the agency has authority
12-2 to resolve. The commission shall provide to the person filing the
12-3 complaint and the persons or entities complained about the
12-4 commission's policies and procedures pertaining to complaint
12-5 investigation and resolution. The commission, at least quarterly
12-6 and until final disposition of the complaint, shall notify the
12-7 person filing the complaint and the persons or entities complained
12-8 about of the status of the complaint unless the notice would
12-9 jeopardize an undercover investigation.
12-10 SECTION 10. Section 3.02, Texas Racing Act (Article 179e,
12-11 Vernon's Texas Civil Statutes), is amended to read as follows:
12-12 Sec. 3.02. Regulation and supervision. The <In accordance
12-13 with Section 3.01 of this Act, the> commission shall regulate and
12-14 supervise every race meeting in this state involving wagering on
12-15 the result of greyhound or horse racing. All persons and things
12-16 relating to the operation of those meetings are subject to
12-17 regulation and supervision by the commission. The commission shall
12-18 adopt rules for conducting greyhound or horse racing in this state
12-19 involving wagering and shall adopt other rules to administer this
12-20 Act that are consistent with this Act. The commission shall also
12-21 make rules, issue licenses, and take any other necessary action
12-22 relating exclusively to horse racing or to greyhound racing.
12-23 SECTION 11. Section 3.021, Texas Racing Act (Article 179e,
12-24 Vernon's Texas Civil Statutes), is amended by amending Subsection
12-25 (b) and adding Subsection (d) to read as follows:
12-26 (b) To protect the health, safety, and welfare of race
12-27 animals and participants in racing, to safeguard the interest of
13-1 the general public, and to promote the orderly <growth and> conduct
13-2 of racing within the state, the commission may adopt rules for the
13-3 licensing and regulation of races and workouts at racetracks that
13-4 do not offer pari-mutuel wagering and for workouts at training
13-5 facilities to secure past performances and workouts.
13-6 (d) The commission may not adopt rules restricting
13-7 competitive bidding or advertising by a licensee except to prohibit
13-8 false, misleading, or deceptive practices. In its rules to
13-9 prohibit false, misleading, or deceptive practices, the commission
13-10 may not include a rule that:
13-11 (1) restricts the use of any medium for advertising;
13-12 (2) restricts the use of a licensee's personal
13-13 appearance or voice in an advertisement;
13-14 (3) relates to the size or duration of an
13-15 advertisement by the licensee; or
13-16 (4) restricts the licensee's advertisement under a
13-17 trade name.
13-18 SECTION 12. Section 3.07(a), Texas Racing Act (Article 179e,
13-19 Vernon's Texas Civil Statutes), is amended to read as follows:
13-20 (a) The commission shall employ all of the judges and all of
13-21 the stewards for the supervision of a horse race or greyhound race
13-22 meeting. Each horse race or greyhound race meeting shall be
13-23 supervised by three stewards <approved by the commission> for horse
13-24 racing or by three judges <approved by the commission> for
13-25 greyhound racing. The commission shall designate one of the
13-26 stewards or judges as the presiding steward or judge for each race
13-27 meeting. <The commission shall employ one of the stewards who
14-1 supervises a horse race meeting who shall be the presiding steward.
14-2 The other stewards at the race meeting shall be compensated by the
14-3 association. The commission shall employ one of the judges who
14-4 supervises a greyhound race meeting who shall be the presiding
14-5 judge; the other judges at such a race meeting shall be compensated
14-6 by the association.> For each race meeting, the commission shall
14-7 employ <appoint> at least one state veterinarian <who shall be
14-8 compensated by the commission>. <The commission by rule shall
14-9 determine the amount of compensation for stewards, judges, and
14-10 state veterinarians who are required to be compensated by the
14-11 commission.> The commission may, by rule, impose a fee on an
14-12 association to offset the costs of compensating the <racetrack>
14-13 stewards, judges, and state veterinarians <for that association>.
14-14 The amount of the fee for the compensation of stewards, judges, and
14-15 state veterinarians must be reasonable according to industry
14-16 standards for the compensation of those officials at other
14-17 racetracks and may not exceed the actual cost to the commission for
14-18 compensating the officials. All other racetrack officials shall be
14-19 appointed by the association, with the approval of the commission.
14-20 Compensation for those officials not compensated by the commission
14-21 shall be determined by the association.
14-22 SECTION 13. Section 3.08(a), Texas Racing Act (Article 179e,
14-23 Vernon's Texas Civil Statutes), is amended to read as follows:
14-24 (a) Except as provided by Subsection (b) of this section, a
14-25 final decision of the stewards or judges may be appealed to the
14-26 commission in the manner provided for a contested case under
14-27 Chapter 2001, Government Code <the Administrative Procedure and
15-1 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
15-2 Statutes)>.
15-3 SECTION 14. Article 3, Texas Racing Act (Article 179e,
15-4 Vernon's Texas Civil Statutes), is amended by adding Sections
15-5 3.13-3.15 to read as follows:
15-6 Sec. 3.13. RECOGNITION OF ORGANIZATION. (a) The commission
15-7 by rule shall adopt criteria to recognize an organization to
15-8 represent members of a segment of the racing industry, including
15-9 owners, breeders, trainers, kennel operators, or other persons
15-10 involved in the racing industry, in any interaction between the
15-11 members of the organization and a racetrack facility or the
15-12 commission.
15-13 (b) The commission may recognize an organization that meets
15-14 the requirements of Subsection (a) of this section.
15-15 Sec. 3.14. DISCIPLINARY ACTIONS. The commission shall
15-16 revoke, suspend, or refuse to renew a license, place on probation a
15-17 person whose license has been suspended, or reprimand a licensee
15-18 for a violation of this Act or a rule of the commission. If a
15-19 license suspension is probated, the commission may require the
15-20 licensee to report regularly to the commission on matters that are
15-21 the basis of the probation.
15-22 Sec. 3.15. HEARING REQUIREMENTS. If the commission proposes
15-23 to suspend, revoke, or refuse to renew a person's license, the
15-24 person is entitled to a hearing conducted by the State Office of
15-25 Administrative Hearings. Proceedings for a disciplinary action,
15-26 other than those conducted by racing stewards or judges, are
15-27 governed by the administrative procedure law, Chapter 2001,
16-1 Government Code. Rules of practice adopted by the commission under
16-2 Section 2001.004, Government Code, applicable to the proceedings
16-3 for a disciplinary action, other than those conducted by racing
16-4 stewards or judges, may not conflict with rules adopted by the
16-5 State Office of Administrative Hearings.
16-6 SECTION 15. Article 5, Texas Racing Act (Article 179e,
16-7 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
16-8 to read as follows:
16-9 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
16-10 commission shall, in determining the amount of a license fee, set
16-11 the fee in an amount that will cover, at least, the cost of
16-12 conducting a criminal history check on the applicant for a license.
16-13 (b) The commission shall reimburse the Department of Public
16-14 Safety for the cost of conducting a criminal history check under
16-15 this article.
16-16 SECTION 16. Section 6.04(a), Texas Racing Act (Article 179e,
16-17 Vernon's Texas Civil Statutes), is amended to read as follows:
16-18 (a) The commission may issue a racetrack license to a
16-19 qualified person if it finds that the conduct of race meetings at
16-20 the proposed track and location will be in the public interest,
16-21 complies with all zoning laws, and complies with this Act and the
16-22 rules adopted by the commission and if the commission finds by
16-23 clear and convincing evidence that the applicant will comply with
16-24 all criminal laws of this state. In determining whether to grant
16-25 or deny an application for any class of racetrack license, the
16-26 commission may consider <the degree to which any of> the following
16-27 factors <regarding the applicant's racetrack or proposed race
17-1 meeting serve to nurture, promote, develop, or improve the horse or
17-2 greyhound industry in this state>:
17-3 (1) the applicant's financial stability;
17-4 (2) the applicant's resources for supplementing the
17-5 purses for races for various breeds;
17-6 (3) the location of the proposed track;
17-7 (4) the effect of the proposed track on traffic flow;
17-8 (5) facilities for patrons and occupational licensees;
17-9 (6) facilities for race animals;
17-10 (7) availability to the track of support services and
17-11 emergency services;
17-12 (8) the experience of the applicant's employees;
17-13 (9) the potential for conflict with other licensed
17-14 race meetings;
17-15 (10) the anticipated effect of the race meeting on the
17-16 greyhound or horse breeding industry in this state; and
17-17 (11) the anticipated effect of the race meeting on the
17-18 state and local economy from tourism, increased employment, and
17-19 other sources.
17-20 SECTION 17. Sections 6.06(e) and (f), Texas Racing Act
17-21 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
17-22 as follows:
17-23 (e) The <appropriate section of the> commission may
17-24 condition the issuance of a license under this article on the
17-25 observance of its rules. The commission may amend the rules at any
17-26 time and may condition the continued holding of the license on
17-27 compliance with the rules as amended.
18-1 (f) The <appropriate section of the> commission may refuse
18-2 to issue a license or may suspend or revoke a license of a licensee
18-3 under this article who knowingly or intentionally allows access to
18-4 an enclosure where greyhound races or horse races are conducted to
18-5 a person who has engaged in bookmaking, touting, or illegal
18-6 wagering, whose income is from illegal activities or enterprises,
18-7 or who has been convicted of a violation of this Act.
18-8 SECTION 18. Article 6, Texas Racing Act (Article 179e,
18-9 Vernon's Texas Civil Statutes), is amended by adding Sections 6.061
18-10 and 6.062 to read as follows:
18-11 Sec. 6.061. REGULATION OF INAPPROPRIATE OR UNSAFE
18-12 CONDITIONS. (a) The commission shall adopt rules implementing
18-13 this section, including rules:
18-14 (1) requiring the report of and correction of:
18-15 (A) an inappropriate condition on the premises
18-16 of a racetrack facility, including a failure to improperly maintain
18-17 the facility, that interferes with the administration of this Act;
18-18 or
18-19 (B) a condition on the premises of a racetrack
18-20 facility that makes the facility unsafe for a race participant,
18-21 patron, or animal; and
18-22 (2) determining the methods and manner in which the
18-23 executive secretary may determine and remedy inappropriate
18-24 conditions or unsafe facilities on the premises of a racetrack
18-25 facility, including the methods and manner in which the executive
18-26 secretary may conduct inspections of the racetrack facility and
18-27 remedy emergency situations.
19-1 (b) The executive secretary shall issue a notice of
19-2 violation to a racetrack facility on a finding that an
19-3 inappropriate or unsafe condition exists.
19-4 (c) If the executive secretary determines that an
19-5 inappropriate or unsafe condition exists at the racetrack facility,
19-6 the executive secretary shall order the racetrack facility to take
19-7 action within a specified period to remedy the inappropriate
19-8 condition or unsafe condition. In determining the period for
19-9 compliance, the executive secretary shall consider the nature and
19-10 severity of the problem and the threat to the health, safety, and
19-11 welfare of the race participants, patrons, or animals.
19-12 (d) The commission shall adopt rules requiring the reporting
19-13 of any corrective action taken by a racetrack facility in response
19-14 to an order of the executive secretary under Subsection (c) of this
19-15 section.
19-16 (e) If a racetrack facility fails to take any action as
19-17 required under Subsection (c) of this section, the executive
19-18 secretary shall initiate an enforcement action against the
19-19 racetrack facility. The executive secretary may rescind any live
19-20 or simulcast race date of any racetrack association that does not
19-21 take corrective action within the period set by the executive
19-22 secretary.
19-23 (f) The commission shall adopt rules relating to the
19-24 commission's review of an action taken under this section by the
19-25 executive secretary. A review procedure adopted under this
19-26 subsection must be consistent with Chapter 2001, Government Code.
19-27 Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The
20-1 commission shall adopt a method of supervising and approving the
20-2 construction, renovation, or maintenance of any building or
20-3 improvement on the premises of a racetrack facility.
20-4 (b) The commission shall adopt rules relating to:
20-5 (1) the approval of plans and specifications;
20-6 (2) the contents of plans and specifications;
20-7 (3) the maintenance of records to ensure compliance
20-8 with approved plans and specifications;
20-9 (4) the content and filing of construction progress
20-10 reports by the racetrack facility to the commission;
20-11 (5) the inspection by the commission or others;
20-12 (6) the method for making a change or amendment to an
20-13 approved plan or specification; and
20-14 (7) any other method of supervision or oversight
20-15 necessary.
20-16 (c) If the commission has grounds to believe that an
20-17 association has failed to comply with the requirements of this
20-18 section, a representative of the association shall appear before
20-19 the commission, at a public hearing, to consider the issue of
20-20 compliance with the rules adopted under this section.
20-21 (d) Before a building or improvement may be used by the
20-22 association, the commission shall determine whether the
20-23 construction, renovation, or maintenance of the building or
20-24 improvement was completed in accordance with the approved plans and
20-25 specifications and whether other requirements of the commission
20-26 were met.
20-27 (e) If the commission determines that the association failed
21-1 to comply with a requirement of this section or rule adopted under
21-2 this section, the commission shall initiate an enforcement action
21-3 against the association. In addition to any other authorized
21-4 enforcement action, the commission may rescind any live or
21-5 simulcast race date of any association that has failed to comply
21-6 with the requirement of this section.
21-7 SECTION 19. Article 6, Texas Racing Act (Article 179e,
21-8 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
21-9 to read as follows:
21-10 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
21-11 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
21-12 monitoring, and auditing requirements or other appropriate
21-13 performance measures for any organization that receives funds
21-14 generated by live or simulcast pari-mutuel racing.
21-15 (b) The commission shall adopt the requirements or
21-16 performance measures after consultation with the affected
21-17 organization. In adopting the rules, the commission shall give
21-18 consideration to the concerns of the affected organization.
21-19 (c) An independent audit shall be conducted annually of an
21-20 organization receiving funds generated by live or simulcast
21-21 pari-mutuel racing. A copy of the report shall be sent to the
21-22 commission. The audit shall include a verification of any
21-23 performance report sent to or required by the commission.
21-24 (d) The commission may review any records or books of an
21-25 organization that submits an independent audit to the commission as
21-26 the commission determines necessary to confirm or further
21-27 investigate the findings of an audit or report.
22-1 (e) The commission by rule may suspend or withhold funds
22-2 from an organization that:
22-3 (1) it determines has failed to comply with the
22-4 requirements or performance measures adopted under Subsection (a)
22-5 of this section; or
22-6 (2) has, following an independent audit or other
22-7 report to the commission, material questions raised on the use of
22-8 funds by the organization.
22-9 (f) This section does not apply to the Texas Commission on
22-10 Alcohol and Drug Abuse.
22-11 SECTION 20. Section 7.02, Texas Racing Act (Article 179e,
22-12 Vernon's Texas Civil Statutes), is amended by adding Subsections
22-13 (c) and (d) to read as follows:
22-14 (c) If an examination is required for the issuance of a
22-15 license under this article, not later than the 30th day after the
22-16 day on which a licensing examination is administered under this
22-17 Act, the commission shall notify each examinee of the results of
22-18 the examination.
22-19 (d) If requested in writing by a person who fails a
22-20 licensing examination administered under this Act, the commission
22-21 shall furnish the person with an analysis of the person's
22-22 performance on the examination.
22-23 SECTION 21. Section 7.05, Texas Racing Act (Article 179e,
22-24 Vernon's Texas Civil Statutes), is amended to read as follows:
22-25 Sec. 7.05. License fees. (a) The commission shall adopt by
22-26 rule a fee schedule for licenses issued under this article.
22-27 (b) The commission shall base the license fees on the
23-1 relative or comparative incomes or property interests of the
23-2 various categories of licensees, with the lower income category of
23-3 licensees being charged nearer the minimum fee and the higher
23-4 income category of licensees charged nearer the maximum fee.
23-5 (c) In setting the fee schedule under Subsection (a) of this
23-6 section, the commission shall include the cost of criminal history
23-7 checks determined under Section 5.05 of this Act. The commission
23-8 may determine the best method for recouping this cost and complying
23-9 with the other provisions of this section, including collecting the
23-10 costs over an extended period.
23-11 SECTION 22. Section 7.07, Texas Racing Act (Article 179e,
23-12 Vernon's Texas Civil Statutes), is amended to read as follows:
23-13 Sec. 7.07. Term of license. (a) A license issued under
23-14 this article is valid for a period set by the commission not to
23-15 exceed 36 months following the date of its issuance. It is
23-16 renewable on application and payment of the fee in accordance with
23-17 the rules of the commission.
23-18 (b) The commission by rule may adopt a system under which
23-19 licenses expire on various dates during the year. For the year in
23-20 which the license expiration date is changed, license fees shall be
23-21 prorated on a monthly basis so that each licensee pays only that
23-22 portion of the license fee that is allocable to the number of
23-23 months during which the license is valid. On renewal of the
23-24 license on the new expiration date, the total license renewal fee
23-25 is payable.
23-26 SECTION 23. Article 7, Texas Racing Act (Article 179e,
23-27 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
24-1 to read as follows:
24-2 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
24-3 (a) The commission may waive any prerequisite to obtaining a
24-4 license for an applicant after reviewing the applicant's
24-5 credentials and determining that the applicant holds a valid
24-6 license from another state that has license requirements
24-7 substantially equivalent to those of this state.
24-8 (b) The commission may waive any prerequisite to obtaining a
24-9 license for an applicant with a valid license from another state
24-10 with which the State of Texas has a reciprocity agreement. The
24-11 commission may enter into reciprocal agreements with other states
24-12 to allow for licensing by reciprocity.
24-13 SECTION 24. Section 9.01, Texas Racing Act (Article 179e,
24-14 Vernon's Texas Civil Statutes), is amended to read as follows:
24-15 Sec. 9.01. Texas-bred horses. Subject to this Act and any
24-16 rule of the commission, the <The> state horse breed registries
24-17 shall make reasonable rules to establish the qualifications of
24-18 accredited Texas-bred horses to promote, develop, and improve the
24-19 breeding of horses in this state. Rules adopted by a registry are
24-20 subject to commission approval.
24-21 SECTION 25. Section 10.04, Texas Racing Act (Article 179e,
24-22 Vernon's Texas Civil Statutes), is amended to read as follows:
24-23 Sec. 10.04. Texas-bred greyhounds. Subject to this Act or
24-24 any rule of the commission, the <The> state greyhound breed
24-25 registry shall make reasonable rules to establish the
24-26 qualifications of accredited Texas-bred greyhounds to promote,
24-27 develop, and improve the breeding of greyhounds in this state.
25-1 Rules adopted by the registry are subject to commission approval.
25-2 SECTION 26. Section 11.04(c), Texas Racing Act (Article
25-3 179e, Vernon's Texas Civil Statutes), is amended to read as
25-4 follows:
25-5 (c) The commission shall adopt rules prohibiting an
25-6 association from accepting a wager made on credit and shall adopt
25-7 rules prohibiting automatic banking machines within the enclosure.
25-8 The commission shall prohibit patrons from using automated methods
25-9 for obtaining additional money while the patrons are on the
25-10 premises of the racetrack facility.
25-11 SECTION 27. Section 18.01(a), Texas Racing Act (Article
25-12 179e, Vernon's Texas Civil Statutes), is amended to read as
25-13 follows:
25-14 (a) The Texas Racing Commission is subject to Chapter 325,
25-15 Government Code (Texas Sunset Act). Unless continued in existence
25-16 as provided by that chapter, and except as provided by Subsections
25-17 (b) and (c) of this section, the commission is abolished and this
25-18 Act expires September 1, 2001 <1995>.
25-19 SECTION 28. Section 481.172, Government Code, is amended to
25-20 read as follows:
25-21 Sec. 481.172. Duties. The department shall:
25-22 (1) promote and advertise within the United States and
25-23 in foreign countries, by radio, television, newspaper, and other
25-24 means considered appropriate, tourism in this state by non-Texans,
25-25 including persons from foreign countries, and distribute
25-26 promotional materials through appropriate agencies, including the
25-27 United States Travel and Tourism Agency;
26-1 (2) encourage travel by Texans to this state's scenic,
26-2 historical, natural, agricultural, educational, recreational, and
26-3 other attractions;
26-4 (3) coordinate and stimulate orderly and accelerated
26-5 development of tourist attractions throughout this state;
26-6 (4) conduct a public relations campaign to create a
26-7 responsible and accurate national and international image of this
26-8 state;
26-9 (5) cooperate fully with the Parks and Wildlife
26-10 Department in all matters relating to promotion of tourism;
26-11 (6) cooperate with the State Highway and Public
26-12 Transportation Commission in the administration of the commission's
26-13 collateral program of highway map distribution and operation of
26-14 travel information bureaus and other tourist-related functions of
26-15 the commission; <and>
26-16 (7) encourage communities, organizations, and
26-17 individuals in this state to cooperate with its program by their
26-18 activities and use of their own funds and collaborate with those
26-19 organizations and other governmental entities in the pursuit of the
26-20 objectives of this subchapter; and
26-21 (8) promote and encourage the horse racing and
26-22 greyhound racing industry, if funds are appropriated for the
26-23 promotion or encouragement.
26-24 SECTION 29. Sections 3.01 and 18.02, Texas Racing Act
26-25 (Article 179e, Vernon's Texas Civil Statutes), are repealed.
26-26 SECTION 30. (a) This Act takes effect September 1, 1995.
26-27 (b) The changes in law made by this Act relating to the
27-1 qualifications and appointment of members to the Texas Racing
27-2 Commission do not affect the entitlement of a member of the
27-3 commission serving immediately before the effective date of this
27-4 Act to continue to serve on the commission for the term to which
27-5 the member was appointed. As the terms of members of the
27-6 commission expire or as vacancies on the commission occur, the
27-7 governor shall make appointments to the commission to achieve as
27-8 soon as possible the membership plan prescribed for the commission
27-9 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
27-10 Statutes), as amended by this Act.
27-11 (c) The Texas Racing Commission shall review all of the
27-12 rules of the commission before January 1, 1998. The commission,
27-13 following the review, shall readopt, modify, or repeal the rules
27-14 before January 1, 1998.
27-15 (d) The authority for rulemaking and licensing and for any
27-16 action relating exclusively to horse racing or exclusively to
27-17 greyhound racing that was granted to a separate section of the
27-18 Texas Racing Commission is transferred to the Texas Racing
27-19 Commission.
27-20 SECTION 31. The importance of this legislation and the
27-21 crowded condition of the calendars in both houses create an
27-22 emergency and an imperative public necessity that the
27-23 constitutional rule requiring bills to be read on three several
27-24 days in each house be suspended, and this rule is hereby suspended.