Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Oliveira H.B. No. 2538
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of boxing and wrestling.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Texas Boxing and Wrestling Act
1-5 (Article 8501-1, Vernon's Texas Civil Statutes), is amended to read
1-6 as follows:
1-7 (9) "Boxing promoter" means a person to be licensed by
1-8 the commissioner who arranges, advertises, or conducts a boxing
1-9 contest, match, or exhibition, or shows or causes to be shown in
1-10 Texas a closed circuit or pay-per-view telecast of any match
1-11 involving any professional participant whether or not the telecast
1-12 originates in Texas.
1-13 (10) "Telecast" means any visual transmission sent by
1-14 any means of signal within, into, for or from this State. It
1-15 includes closed circuit television, pay per view and television
1-16 broadcast via satellite, cable or any other means.
1-17 (11) [(10)] "Wrestling promoter" means a person to be
1-18 licensed by [registered with] the commissioner [secretary of state]
1-19 who arranges, advertises, or conducts a wrestling contest, match,
1-20 or exhibition, or shows or causes to be shown in Texas a closed
1-21 circuit or pay-per-view telecast of any match involving any
1-22 professional participant whether or not the telecast originates in
1-23 Texas.
1-24 (12) [(11)] "Elimination tournament boxing promoter"
2-1 means a person licensed by the commissioner [department] who
2-2 arranges, advertises, or conducts an elimination tournament.
2-3 (13) [(12)] "Elimination tournament" means a boxing
2-4 contest in which elimination tournament contestants compete in a
2-5 series of matches until only one contestant remains in each weight
2-6 category.
2-7 (14) [(13)] "Elimination tournament contestant" means
2-8 a person who competes in an elimination tournament.
2-9 (15) [(14)] "Championship tournament" means an
2-10 international, state, regional, or national elimination tournament
2-11 that allows the winners of another elimination tournament to
2-12 compete for a championship in each weight category.
2-13 (16) [(15)] "Regional tournament" means an elimination
2-14 tournament that allows an elimination tournament contestant from
2-15 outside the immediate area where the tournament is held to compete
2-16 against local tournament contestants.
2-17 (17) [(16)] "Local tournament" means an elimination
2-18 tournament that allows only a resident of this state to compete.
2-19 (18) "Closed circuit telecast" means any telecast
2-20 which is not intended to be available for viewing without the
2-21 payment of a fee, collected for or based upon such event viewed for
2-22 the privilege of viewing the telecast. Closed circuit telecast
2-23 includes telecasts of events projected into arenas, stadiums, and
2-24 places where consumers pay to view the event.
2-25 (19) "Pay-per-view" means any telecast which is not
2-26 intended to be available for viewing without the payment of a fee,
2-27 collected for or based upon such event viewed for the privilege of
2-28 viewing the telecast. Pay-per-view events include telecasts of
2-29 events projected into individual consumer homes where consumers pay
2-30 to view the event.
3-1 (20) "Gross revenue of gross receipts" means the gross
3-2 price charged for the sale or lease of telecasting, closed circuit
3-3 or pay-per-view rights without any deduction for commissions,
3-4 brokerage fees, production fees, distribution fees, production
3-5 fees, advertising or other expenses or charges, and shall include
3-6 the face value of all tickets sold and complimentary tickets
3-7 redeemed.
3-8 (21) "Professional wrestling" means any performance of
3-9 wrestling skills and techniques by two or more professional
3-10 wrestlers, to which any admission is charged. Participating
3-11 wrestlers may not be required to use their best efforts in order to
3-12 win, the winner may have been selected before the performance
3-13 commences and contestants compete for valuable consideration. Such
3-14 contests take place in a rope-enclosed ring and are fought in timed
3-15 rounds.
3-16 (22) "Ultimate fighting, Ultimate Fighting
3-17 Championship. or extreme fighting" means any boxing or wrestling
3-18 match, contest or exhibition, between two or more contestants, with
3-19 or without protective headgear, who use their hands, without
3-20 gloves, or their feet, or both, and who compete for a financial
3-21 prize or any item of pecuniary value, and which match, contest, or
3-22 exhibition is not recognized by and not sanctioned by any
3-23 officially recognized state, regional or national boxing or
3-24 athletic sanctioning authority, or any promotor duly licensed by
3-25 the commissioner of the Texas Department of Licensing and
3-26 Regulation.
3-27 (23) "System operator" "cable operator" or "facility
3-28 operator" means any person who broadcasts or telecasts a closed
3-29 circuit telecast or pay per view event regardless of the technology
3-30 used to transmit or receive the broadcast or telecast.
4-1 (24) "Event" means any occurrence in which a boxer,
4-2 wrestler, or kick boxer displays or exhibits his skills, performs
4-3 or fights.
4-4 SECTION 2. Section 4 of the Texas Boxing Act (Article
4-5 8501-1, Vernon's Texas Civil States), is amended to read as
4-6 follows:
4-7 (c) The commissioner is authorized to promulgate rules and
4-8 regulations and hold administrative hearings in accordance with the
4-9 Administrative Procedure [and Texas Register] Act (Government Code,
4-10 Chapter 2001 [(Article 6252-13a, Vernon's Texas Civil Statutes])
4-11 and Article 9100, Vernons Texas Civil Statutes. The commissioner
4-12 shall promulgate any and all reasonable rules and regulations which
4-13 may be necessary for the purpose of enforcing the provisions of the
4-14 Boxing and Wrestling Act. The commissioner is authorized to
4-15 promulgate rules and regulations governing professional kickboxing
4-16 contests or exhibitions which shall be fought on the basis of the
4-17 best efforts of the contestants. The commissioner shall have the
4-18 power and authority to revoke or suspend the license or permit of
4-19 any judge, boxer, manager, referee, timekeeper, second, or boxing
4-20 promoter for violations of any rule or regulation promulgated
4-21 pursuant to this Act or for the violation of any provision of this
4-22 Act, and may deny an application for a license when the applicant
4-23 does not possess the requisite qualifications.
4-24 [(e) In the conduct of any administrative hearing held
4-25 pursuant to this Act, the commissioner may administer oaths to
4-26 witnesses, receive evidence, and issue subpoenas and subpoenas
4-27 duces tecum to compel the attendance of witnesses and the
4-28 production of papers and documents related to matters under
4-29 investigation. Administrative hearings shall be held in conformity
4-30 with the Administrative Procedure and Texas Register Act
5-1 (Government Code, Chapter 2001 Article 6252-13a, Vernon's Texas
5-2 Civil Statutes).]
5-3 SECTION 3. Section 5 of the Texas Boxing Act (Article
5-4 8501-1, Vernon's Texas Civil Statutes) is amended to read as
5-5 follows:
5-6 [(a)] Any party to the hearing aggrieved by the decision or
5-7 order of the commissioner may secure judicial review as prescribed
5-8 by the Administrative Procedure Act, Government Code 2001,
5-9 subchapter G CONTESTED CASES: JUDICIAL REVIEW and Article 9100,
5-10 Vernons Texas Civil Statutes. Judicial review shall be by the
5-11 substantial evidence rule. [thereof in the following manner:]
5-12 [(1) The petition must be filed in a district court of
5-13 Travis County, Texas, within 30 days after the decision or order of
5-14 the commissioner becomes final.]
5-15 [(2) The filing of a petition for review shall not
5-16 itself stay the effect of the decision or order complained of, but
5-17 the commissioner or the reviewing court may order a stay upon
5-18 appropriate terms and if a stay is so granted no supersedeas bond
5-19 shall be required.]
5-20 [(3) Service of process. The petition for review shall
5-21 be served on the commissioner and upon all parties of record in any
5-22 hearing before the commissioner in respect to the matter for which
5-23 review is sought. After service of such petition upon the
5-24 commissioner and within the time permitted for filing an answer or
5-25 as soon thereafter as the record is made available to the
5-26 commissioner, the commissioner shall certify to the district court
5-27 in which such petition is filed the record of the proceedings to
5-28 which the petition refers. The cost of preparing and certifying
5-29 such record shall be paid to the commissioner by the petitioner and
5-30 taxed as part of the cost in the case, to be paid as directed by
6-1 the court upon final determination of said case.]
6-2 [(4) The review of any decision or order of the
6-3 commissioner shall be tried by the court without a jury in the same
6-4 manner as civil actions generally, but no evidence shall be
6-5 admissible which was not adduced at the hearing on the matter
6-6 before the commissioner or officially noticed in record of such
6-7 hearing.]
6-8 [(5) The burden of proof shall be on the plaintiff.
6-9 The reviewing court may affirm the action complained of or remand
6-10 the matter to the commissioner for further proceedings.]
6-11 [(6) Appeals from any final judgment may be taken by
6-12 either party in the manner provided for in civil actions generally,
6-13 but no appeal bond shall be required of the commissioner.]
6-14 SECTION 4. Section 6 of the Texas Boxing Act (Article
6-15 8501-1, Vernon's Texas Civil Statutes) is amended to read as
6-16 follows:
6-17 (a) A person who violates a provision of this Act or any
6-18 rule or regulation of the department or the commissioner commits a
6-19 Class A misdemeanor.
6-20 (b) Any person who violates any provision of this Act or the
6-21 rules and regulations of the department or the commissioner may be
6-22 assessed an administrative [a civil] penalty to be paid to the
6-23 State of Texas in an amount not to exceed $1,000 for each such
6-24 violation [as the court may deem proper].
6-25 (c) Whenever it appears that any person has violated or is
6-26 threatening to violate any of the provisions of this Act or of the
6-27 rules and regulations of the department or the commissioner, either
6-28 the attorney general or the department may cause a civil suit to be
6-29 instituted either for injunctive relief to restrain such person
6-30 from continuing the violation or threat of violation or for
7-1 assessment and recovery of the civil penalty or for both. Venue
7-2 for such suit shall be in the district courts of Travis County,
7-3 Texas.
7-4 (d) Any promoter, facility owner or operator, or system
7-5 operator who intentionally makes a false or fraudulent report
7-6 required pursuant to this act shall be guilty of a class A
7-7 misdemeanor.
7-8 (e) Any promoter, facility owner or operator or system
7-9 operator who intentionally fails to make a report of or to pay the
7-10 taxes as required by this act shall be guilty of a class A
7-11 Misdemeanor.
7-12 SECTION 5. Section 8 of the Texas Boxing Act (Article
7-13 8501-1, Vernon's Texas Civil Statutes) is amended to read as
7-14 follows:
7-15 (a) A person state may not act as a boxing or wrestling
7-16 promoter or an elimination tournament boxing promoter until the
7-17 person has been licensed by the commissioner under this Act. [A
7-18 person may not act as a wrestling promoter until the person has
7-19 registered with the secretary of.]
7-20 (b) The application for a boxing or wrestling promoter's
7-21 license shall be made upon a form furnished by the commissioner and
7-22 shall be accompanied by the license fee set by the commission. The
7-23 application for a boxing or wrestling promoter's license shall be
7-24 accompanied by a surety bond subject to the approval of the
7-25 commissioner and conditioned on the payment of the tax imposed
7-26 under Section 11 of this Act. The commissioner shall fix the sum
7-27 of the surety bond, but the sum may not be less than $300.
7-28 (c) The licensing [registration] of a wrestling promoter
7-29 shall be made on a form furnished by the Commissioner [secretary of
7-30 state] and shall be accompanied by the licensing [registration] fee
8-1 set by the Commissioner [secretary of state] in an amount
8-2 reasonably necessary to cover the administrative costs of licensing
8-3 [registration]. The licensing [registration] application shall be
8-4 accompanied by a $5,000 surety bond to be filed with the
8-5 Commissioner [secretary of state].
8-6 SECTION 6. Section 9 of the Texas Boxing Act (Article
8-7 8501-1, Vernon's Texas Civil Statutes) is amended to read as
8-8 follows:
8-9 (b) No person shall act as a professional wrestler, manager
8-10 of a professional wrestler, referee, judge, timekeeper, or
8-11 matchmaker until he has been licensed pursuant to this Act.
8-12 (c) [(b)] The application for a license shall be made upon a
8-13 form furnished by the commissioner and shall be accompanied by the
8-14 license fee.
8-15 (d) It is a violation of this Act to furnish false
8-16 information on a license application.
8-17 (e) [(c)] Revenue obtained from license fees shall be
8-18 deposited to the credit of the General Revenue Fund.
8-19 SECTION 7. Section 10 of the Texas Boxing Act (Article
8-20 8501-1, Vernon's Texas Civil Statutes) is amended to read as
8-21 follows:
8-22 (b) The commissioner is authorized to promulgate rules and
8-23 regulations setting forth reasonable qualifications for an
8-24 applicant seeking a license as a wrestler, wrestling promoter,
8-25 wrestling manager, matchmaker, judge or referee.
8-26 (c) [(b)] The commissioner may after investigation and
8-27 hearing deny an application for a license when the applicant has
8-28 failed to meet the established qualifications or has violated any
8-29 provision of this Act or any rule or regulation issued pursuant to
8-30 this Act.
9-1 (d) [(c)] The commissioner may waive any license requirement
9-2 for an applicant with a valid license from another state with which
9-3 this state has a reciprocity agreement.
9-4 SECTION 8. Section 11 of the Texas Boxing Act (Article
9-5 8501-1, Vernon's Texas Civil Statutes) is amended to read as
9-6 follows:
9-7 Sec. 11. GROSS TAX RECEIPTS OR REVENUE AND REPORTING
9-8 REQUIREMENTS. (a) LIVE CONTEST HELD IN TEXAS: Any person who
9-9 conducts a boxing or wrestling match, contest, or exhibition,
9-10 including an elimination tournament, wherein an admission fee is
9-11 charged, shall furnish to the department within 21 calendar days
9-12 (including weekends) [72 hours] after the termination of the event,
9-13 a duly verified report on a form furnished by the department
9-14 showing the number of tickets sold, prices charged, and amount of
9-15 gross receipts obtained from the event. A cashier's check or money
9-16 order made payable to the State of Texas in the amount of three
9-17 percent of the total gross receipts of the event shall be attached
9-18 to the verified report.
9-19 (b) CLOSED CIRCUIT TELECASTS: Any person who charges an
9-20 admission fee for exhibiting a simultaneous telecast of any event
9-21 regulated by this Act [live, spontaneous, or current boxing match,
9-22 contest, or exhibition] on a closed circuit telecast in Texas must
9-23 possess a [boxing] promoter's license issued pursuant to this Act
9-24 and must obtain a permit for each closed circuit telecast shown in
9-25 Texas. The gross receipts tax described in Section 11(a) e [herein
9-26 is applicable to said telecast, and the boxing] promoter shall
9-27 furnish to the department within 21 calendar days (including
9-28 weekends) [72 hours] after the event a duly verified report on a
9-29 form furnished by the department showing the number of tickets
9-30 sold, prices charged, and amount of gross receipts obtained from
10-1 the event. A cashier's check or money order made payable to the
10-2 State of Texas in the amount of the tax due shall be attached to
10-3 the verified report. This section applies to telecasts shown in
10-4 Texas regardless of the origin of the event.
10-5 (1) Under this section, the promoter shall notify the
10-6 commissioner of the names and addresses of all facilities to or
10-7 through which the closed circuit telecast will be shown fourteen
10-8 (14) days prior to the date of the closed circuit event, and shall
10-9 provide daily updates to the commissioner of any additions and
10-10 deletions of facilities.
10-11 (c) TELEVISION RIGHTS: Any person who sells television
10-12 broadcast rights of a boxing or wrestling match, contest, or
10-13 exhibition must possess a boxing or wrestling promoters license
10-14 issued pursuant to this Act. This section applies to the sale of
10-15 television rights wherein the event is not simultaneously shown in
10-16 a pay-per-view format. A three percent tax of the television
10-17 rights is applicable to such telecasts. However, such tax on
10-18 television broadcasts shall not exceed $50,000 per event. The
10-19 boxing or wrestling promoter shall furnish to the Department within
10-20 21 calendar days (including weekends) after the event is televised,
10-21 a duly verified report on a form furnished by the department which
10-22 shows the gross revenue to the promoter for television rights of
10-23 the event. This section applies only to an event held in Texas. A
10-24 cashier's check or money order made payable to the State of Texas
10-25 in the amount of the tax due shall be attached to the verified
10-26 report.
10-27 (d) PAY-PER-VIEW EVENTS: A promoter who charges or receives
10-28 a fee for having an event seen on a pay-per-view telecast that is
10-29 shown in this state, utilizing a cable television system, satellite
10-30 dish or any other means of transmitting or receiving the telecast,
11-1 shall pay three percent of the promoter's gross revenue
11-2 attributable to the individual's or entity's pay-per-view telecast
11-3 fees, exclusive of federal, state, or local tax. This tax is
11-4 applicable to the gross revenue from the telecast derived from
11-5 Texas subscribers, regardless of the origin of the event. The
11-6 promoter shall furnish to the Department within 21 calendar days
11-7 (including weekends) after the event is broadcast, a duly verified
11-8 report on a form furnished by the department which shows the number
11-9 of orders sold and the price per order derived from viewership in
11-10 Texas. A cashier's check or money order made payable to the State
11-11 of Texas in the amount of the tax due shall be attached to the
11-12 verified report.
11-13 (1) Each system operator, cable operator, or facility
11-14 operator whose facilities are utilized to telecast an event under
11-15 this Act shall, within 15 calendar days (including weekends)
11-16 following the date of the telecast, file a report with the
11-17 Commissioner stating the number of orders sold in Texas and the
11-18 price per order.
11-19 (2) If an event is sold by the number of rounds
11-20 fought, each system operator, cable operator, or facility operator
11-21 shall report to the Commissioner the price per round, the number of
11-22 orders sold in Texas and the number of rounds fought.
11-23 (3) System operators, cable operators, or facility
11-24 operators are not responsible for payment of taxes under this Act.
11-25 (e) The commissioner shall provide forms for reporting under
11-26 this section.
11-27 (f) The department may audit reports filed under this
11-28 section.
11-29 (g) [ c)] Revenue obtained from the gross receipts taxes
11-30 imposed under this section shall be deposited to the credit of the
12-1 General Revenue Fund.
12-2 [(d) The department may audit a report filed under
12-3 Subsection (a) of this section made by a person conducting an
12-4 elimination tournament under this section.]
12-5 SECTION 9. New Article 3, Section 21 of the Texas Boxing Act
12-6 (Article 8501-1, Vernon's Texas Civil Statutes) is added to read as
12-7 follows:
12-8 ARTICLE 3 PROHIBITIONS
12-9 Sec. 21. (a) Ultimate or extreme fighting is prohibited in
12-10 the State of Texas.
12-11 (b) Anyone who promotes or participates in ultimate
12-12 fighting, or anyone who serves as an agent, principal partner,
12-13 publicist, vendor, producer, referee, or contractor of or for
12-14 ultimate fighting is guilty of a class "A" misdemeanor.
12-15 (c) Any medical personnel who administers to, treats or
12-16 assists any participants of ultimate or extreme fighting shall not
12-17 be subject to the provisions of this section.
12-18 (d) No license or permit will be issued for any contests
12-19 known as "ultimate fighting" or any activities similar in nature.
12-20 For purposes of this Act, "ultimate fighting" shall mean a contest
12-21 or bout whereby any part of the contestant's body may be used as a
12-22 weapon or any means of fighting may be used with the specific
12-23 purpose to intentionally injure the other contestants in such a
12-24 manner that they may not defend themselves and in which there is no
12-25 referee. No person, partnership, organization, corporation,
12-26 limited liability company or association shall conduct, compete or
12-27 otherwise participate in any contest or bout as defined in this
12-28 section and Section 3.
12-29 SECTION 10. This Act takes effect September 1, 1997.
12-30 SECTION 11. The importance of this legislation and the
13-1 crowded condition of the calendars in both houses create an
13-2 emergency and an imperative public necessity that the
13-3 constitutional rule requiring bills to be read on three several
13-4 days in each house be suspended, and this rule is hereby suspended.