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                               * * * * *