1-1 By: Lucio S.B. No. 1670
1-2 (In the Senate - Filed April 21, 1995; April 24, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 May 9, 1995, reported favorably, as amended, by the following vote:
1-5 Yeas 7, Nays 0; May 9, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-7 (1) Amend S.B. No. 1670 by striking Subdivision (1) on page
1-8 4, line 26 (committee printing page 2, line 54), and replacing it
1-9 with the following:
1-10 (1) an application fee not to exceed $1,000;
1-11 (2) Amend S.B. No. 1670 by striking Subsection (i) on page
1-12 5, line 17 (committee printing page 3, line 2), and replacing it
1-13 with the following:
1-14 (i) The annual fee for an elimination
1-15 tournament boxing promoter license shall not exceed $1,000.
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the regulation of certain amateur boxing events.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Sections 1 through 11, Texas Boxing and Wrestling
1-21 Act (Article 8501-1, Vernon's Texas Civil Statutes), are designated
1-22 as Article 1 and a heading for that article is added to read as
1-23 follows:
1-24 ARTICLE 1. GENERAL PROVISIONS
1-25 SECTION 2. Section 3, Texas Boxing and Wrestling Act
1-26 (Article 8501-1, Vernon's Texas Civil Statutes), is amended by
1-27 adding Subdivisions (11), (12), (13), (14), (15), and (16) to read
1-28 as follows:
1-29 (11) "Elimination tournament boxing promoter" means a
1-30 person licensed by the department who arranges, advertises, or
1-31 conducts an elimination tournament.
1-32 (12) "Elimination tournament" means a boxing contest
1-33 in which elimination tournament contestants compete in a series of
1-34 matches until only one contestant remains in each weight category.
1-35 (13) "Elimination tournament contestant" means a
1-36 person who competes in an elimination tournament.
1-37 (14) "Championship tournament" means an international,
1-38 state, regional, or national elimination tournament that allows the
1-39 winners of another elimination tournament to compete for a
1-40 championship in each weight category.
1-41 (15) "Regional tournament" means an elimination
1-42 tournament that allows an elimination tournament contestant from
1-43 outside the immediate area where the tournament is held to compete
1-44 against local tournament contestants.
1-45 (16) "Local tournament" means an elimination
1-46 tournament that allows only a resident of this state to compete.
1-47 SECTION 3. Section 6A, Texas Boxing and Wrestling Act
1-48 (Article 8501-1, Vernon's Texas Civil Statutes), is amended to read
1-49 as follows:
1-50 Sec. 6A. Boxing Gloves. Except as provided by Article 2 of
1-51 this Act, in <In> any boxing contest, match, or exhibition
1-52 conducted in this state, the contestants shall wear eight-ounce
1-53 boxing gloves, unless the commissioner by rule requires or permits
1-54 the contestants to wear heavier gloves.
1-55 SECTION 4. Section 7, Texas Boxing and Wrestling Act
1-56 (Article 8501-1, Vernon's Texas Civil Statutes), is amended to read
1-57 as follows:
1-58 Sec. 7. Amateur Athletic Events. (a) The promoting,
1-59 conducting, or maintaining of boxing matches, contests, or
1-60 exhibitions when conducted by educational institutions, law
1-61 enforcement organizations, Texas National Guard Units, or amateur
1-62 athletic organizations duly recognized by the commissioner shall be
1-63 exempt from the licensing and bonding provisions of this Act
1-64 provided that none of the participants in such contests or
1-65 exhibitions receive a money remuneration, purse, or prize for their
1-66 performance or services therein.
1-67 (b) None of the licensing and bonding provisions of this Act
1-68 shall apply to or be enforced against:
2-1 (1) all nonprofit amateur athletic associations
2-2 chartered under the laws of the State of Texas, including their
2-3 affiliated membership clubs throughout the state which have been
2-4 recognized by the commissioner;
2-5 (2) any contests, matches, or exhibitions between
2-6 students of educational institutions which are conducted by a
2-7 college, school, or university as part of the institution's
2-8 athletic program;
2-9 (3) contests, matches, or exhibitions between members
2-10 of any troop, battery, company, or units of the Texas National
2-11 Guard or a law enforcement organization.
2-12 (c) When an admission fee is charged by any person
2-13 conducting or sponsoring an amateur boxing contest, match, or
2-14 exhibition, except those amateur events exempted in Section 7(b)
2-15 herein, the gross receipts tax hereinafter provided in Section 11
2-16 of this Act shall apply and must be paid by the sponsoring person.
2-17 In addition, amateur boxing contests, except for elimination
2-18 tournaments subject to Article 2 of this Act, wherein an admission
2-19 fee is charged shall be conducted under the following conditions:
2-20 (1) The commissioner must approve the contest, match,
2-21 or exhibition at least seven days in advance of the event.
2-22 (2) All entries shall be filed with the amateur
2-23 organization at least three days in advance of the event.
2-24 (3) The amateur organization shall determine the
2-25 amateur standing of all contestants.
2-26 (4) The amateur contest, match, or exhibition shall be
2-27 subject to the supervision of the commissioner, and all profits
2-28 derived from such contests shall be used in the development of
2-29 amateur athletics.
2-30 (5) Only referees and judges licensed by the
2-31 commissioner may participate in amateur contests, matches, or
2-32 exhibitions.
2-33 (6) All contestants shall be examined by a licensed
2-34 physician within a reasonable time prior to the event, and a
2-35 licensed physician shall be in attendance at the ringside during
2-36 the entire event.
2-37 (7) All professional boxers licensed under this Act
2-38 are prohibited from participating in any capacity during an amateur
2-39 contest, match, or exhibition.
2-40 SECTION 5. Section 8, Texas Boxing and Wrestling Act
2-41 (Article 8501-1, Vernon's Texas Civil Statutes), is amended by
2-42 amending Subsection (a) and by adding Subsections (g), (h), and (i)
2-43 to read as follows:
2-44 (a) A person may not act as a boxing promoter or an
2-45 elimination tournament boxing promoter until the person has been
2-46 licensed by the department under this Act. A person may not act as
2-47 a wrestling promoter until the person has registered with the
2-48 secretary of state.
2-49 (g) The application for an elimination tournament boxing
2-50 promoter's license shall be made on a form furnished by the
2-51 commissioner and, except as provided in Subsection (h) of this
2-52 section, shall be accompanied by:
2-53 (1) a $500 application fee;
2-54 (2) a surety bond in the amount of $50,000 subject to
2-55 approval by the commissioner and conditioned on the payment of:
2-56 (A) the tax imposed under Section 11 of this
2-57 Act; and
2-58 (B) any claim described by Subsection (e) of
2-59 this section and made against the elimination tournament boxing
2-60 promoter; and
2-61 (3) proof of accidental death or injury insurance
2-62 coverage in the amount of at least $10,000 for each elimination
2-63 tournament contestant.
2-64 (h) The bonding and insurance requirements of Subsection (g)
2-65 of this section apply only to an elimination tournament boxing
2-66 promoter promoting an elimination tournament that:
2-67 (1) charges an admission fee; or
2-68 (2) awards a prize of money, trophy, prize, or any
2-69 other item with a value of more than $50 to a contestant winning an
2-70 elimination tournament.
3-1 (i) The annual fee for an elimination tournament boxing
3-2 promoter license is $500.
3-3 SECTION 6. Section 11, Texas Boxing and Wrestling Act
3-4 (Article 8501-1, Vernon's Texas Civil Statutes), is amended by
3-5 amending Subsection (a) and by adding Subsection (d) to read as
3-6 follows:
3-7 (a) Any person who conducts a boxing match, contest, or
3-8 exhibition, including an elimination tournament, wherein an
3-9 admission fee is charged shall furnish to the department within 72
3-10 hours after the termination of the event a duly verified report on
3-11 a form furnished by the department showing the number of tickets
3-12 sold, prices charged, and amount of gross receipts obtained from
3-13 the event. A cashier's check or money order made payable to the
3-14 State of Texas in the amount of three percent of the total gross
3-15 receipts of the event shall be attached to the verified report.
3-16 (d) The department may audit a report filed under Subsection
3-17 (a) of this section made by a person conducting an elimination
3-18 tournament under this section.
3-19 SECTION 7. The Texas Boxing and Wrestling Act (Article
3-20 8501-1, Vernon's Texas Civil Statutes) is amended by adding Article
3-21 2 to read as follows:
3-22 ARTICLE 2. ELIMINATION TOURNAMENTS
3-23 Sec. 15. GENERAL PROVISIONS. (a) An elimination tournament
3-24 may only be held as a one-night or two-night event.
3-25 (b) Except as provided by Subsection (c) of this section, an
3-26 elimination tournament contestant may not participate in more than
3-27 one match during the first night of a two-night elimination
3-28 tournament.
3-29 (c) An elimination tournament contestant in a championship
3-30 tournament may not participate in more than two matches during the
3-31 first night of a two-night championship tournament.
3-32 (d) Subject to the medical restrictions of Section 17 of
3-33 this Act, an elimination tournament contestant may fight any number
3-34 of matches on the second night of a two-night elimination
3-35 tournament.
3-36 (e) Except as provided by Subsection (f) of this section,
3-37 the elimination tournament boxing promoter may allow an elimination
3-38 tournament contestant who failed to win a match during the first
3-39 night of a two-night elimination tournament to compete during the
3-40 second night.
3-41 (f) An elimination tournament contestant who is knocked out
3-42 during an elimination tournament may not continue to compete in an
3-43 elimination tournament.
3-44 (g) The standing-eight-count and the three-knock-down rules
3-45 apply to an elimination tournament.
3-46 (h) A match in an elimination tournament consists of three
3-47 rounds with each round lasting 60 seconds. There must be a minimum
3-48 interval of 60 seconds between each round of a match.
3-49 (i) Each elimination tournament contestant must be matched
3-50 randomly with an opponent from the same weight category during the
3-51 preliminary round of an elimination tournament.
3-52 Sec. 16. ELIMINATION TOURNAMENT BOXING PROMOTER'S
3-53 RESPONSIBILITIES. (a) In addition to any other responsibilities,
3-54 an elimination tournament boxing promoter shall require that each
3-55 elimination tournament contestant:
3-56 (1) use 16-ounce gloves;
3-57 (2) wear the following protective gear supplied by the
3-58 elimination tournament boxing promoter:
3-59 (A) headgear approved by the department, except
3-60 as provided by Subsection (b) of this section;
3-61 (B) a mouthpiece; and
3-62 (C) a groin guard or kidney-groin guard approved
3-63 by the department;
3-64 (3) have no professional boxing experience;
3-65 (4) have, in the last five years, five or fewer boxing
3-66 match wins recognized by an amateur boxing organization recognized
3-67 under department rules for this specific purpose;
3-68 (5) submit proof of proper training, including a
3-69 written description of the elimination tournament contestant's
3-70 training program for the 28 days before the date of the beginning
4-1 of the first bout of the elimination tournament; and
4-2 (6) be a person who is 18 years of age or older but
4-3 younger than 36 years of age.
4-4 (b) A local, regional, or championship elimination
4-5 tournament is not subject to Subsection (a)(2)(A) of this section
4-6 if an elimination tournament boxing promoter notifies, under the
4-7 rules of the department, the commissioner of the decision not to
4-8 use approved headgear.
4-9 (c) An elimination tournament boxing promoter shall provide
4-10 a ringside physician for an elimination tournament.
4-11 Sec. 17. ELIMINATION TOURNAMENT RINGSIDE PHYSICIAN'S
4-12 RESPONSIBILITIES. The ringside physician at an elimination
4-13 tournament shall:
4-14 (1) perform, at the location of the tournament, a
4-15 complete medical examination of each elimination tournament
4-16 contestant before the tournament begins;
4-17 (2) offer solutions to the elimination tournament
4-18 boxing promoter and each elimination tournament contestant
4-19 regarding boxing-related medical problems;
4-20 (3) remain at ringside at all times during a scheduled
4-21 match of an elimination tournament;
4-22 (4) examine each elimination tournament contestant
4-23 between each bout;
4-24 (5) perform a complete physical examination of each
4-25 elimination tournament contestant remaining in an elimination
4-26 tournament immediately before the second night of a two-night
4-27 elimination tournament; and
4-28 (6) notify the elimination tournament boxing promoter
4-29 immediately after disqualifying an elimination tournament
4-30 contestant.
4-31 Sec. 18. PROOF OF NEGATIVE PREGNANCY TEST REQUIRED. A
4-32 female elimination tournament contestant may not participate in an
4-33 elimination tournament unless she provides the ringside physician
4-34 with proof of a negative result pregnancy test.
4-35 Sec. 19. WEIGHT CATEGORIES. (a) An elimination tournament
4-36 contestant may not compete in a weight category other than a
4-37 category provided in this section.
4-38 (b) The weight categories for an elimination tournament are:
4-39 (1) less than 112 pounds;
4-40 (2) 112 pounds or more but less than 119 pounds;
4-41 (3) 119 pounds or more but less than 127 pounds;
4-42 (4) 127 pounds or more but less than 136 pounds;
4-43 (5) 136 pounds or more but less than 148 pounds;
4-44 (6) 148 pounds or more but less than 161 pounds;
4-45 (7) 161 pounds or more but less than 176 pounds;
4-46 (8) 176 pounds or more but less than 190 pounds; and
4-47 (9) 190 pounds or more.
4-48 (c) An elimination tournament contestant whose weight is
4-49 within three percent of the minimum weight of the next heavier
4-50 weight category may compete in that heavier weight category.
4-51 Sec. 20. RING REQUIREMENTS. (a) Competition in an
4-52 elimination tournament shall take place in a square ring with sides
4-53 not less than 16 feet in length and not more than 24 feet in
4-54 length.
4-55 (b) The floor of the ring must be 3/4-inch thick and must be
4-56 padded with one-inch thick closed-cell foam material.
4-57 SECTION 8. This Act takes effect September 1, 1995.
4-58 SECTION 9. The importance of this legislation and the
4-59 crowded condition of the calendars in both houses create an
4-60 emergency and an imperative public necessity that the
4-61 constitutional rule requiring bills to be read on three several
4-62 days in each house be suspended, and this rule is hereby suspended.
4-63 * * * * *