By Wilson H.B. No. 3299
75R8663 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, appointment, powers, and duties of the
1-3 Texas Gaming Commission and to the transfer to that commission of
1-4 the powers and duties of the Texas Racing Commission and the Texas
1-5 Lottery Commission.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. TRANSFER OF TEXAS LOTTERY COMMISSION
1-8 POWERS AND DUTIES
1-9 SECTION 1.01. The purpose of this article is to transfer the
1-10 powers and duties of the Texas Lottery Commission to the Texas
1-11 Gaming Commission.
1-12 SECTION 1.02. Section 466.002(1), Government Code, is
1-13 amended to read as follows:
1-14 (1) "Commission" means the Texas Gaming [Lottery]
1-15 Commission.
1-16 SECTION 1.03. The title of Chapter 467, Government Code, is
1-17 amended to read as follows:
1-18 CHAPTER 467. TEXAS GAMING [LOTTERY] COMMISSION
1-19 SECTION 1.04. Section 467.001, Government Code, is amended
1-20 to read as follows:
1-21 Sec. 467.001. DEFINITIONS. In this chapter:
1-22 (1) "Commission" means the Texas Gaming [Lottery]
1-23 Commission.
1-24 (2) "Executive director" means the executive director
2-1 of the Texas Gaming [Lottery] Commission.
2-2 SECTION 1.05. Section 467.002, Government Code, is amended
2-3 to read as follows:
2-4 Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
2-5 subject to Chapter 325 (Texas Sunset Act). Unless continued in
2-6 existence as provided by that chapter, the commission is abolished
2-7 and this Act expires September 1, 2009 [2003].
2-8 SECTION 1.06. Section 467.021(c), Government Code, is
2-9 amended to read as follows:
2-10 (c) One member must have experience in the bingo industry.
2-11 One other member must have experience in the horse or dog racing
2-12 industry. The third member must have experience in both the bingo
2-13 and the horse or dog racing industries.
2-14 SECTION 1.07. Section 467.024(a), Government Code, is
2-15 amended to read as follows:
2-16 (a) An individual is not eligible to be an appointed member
2-17 of the commission if the individual:
2-18 (1) owns or controls, directly or indirectly, more
2-19 than a 10 percent interest in a business entity or other
2-20 organization regulated by the commission or receiving funds from
2-21 the commission;
2-22 (2) is employed by or participates in the management
2-23 of a business entity or other organization regulated by the
2-24 commission or receiving funds from the commission;
2-25 (3) uses or receives a substantial amount of tangible
2-26 goods, services, or funds from the commission, other than
2-27 compensation or reimbursement authorized by law for commission
3-1 membership, attendance, or expenses;
3-2 (4) is an officer, employee, or paid consultant of a
3-3 Texas trade association in the field of horse or dog racing, bingo,
3-4 or lottery;
3-5 (5) is required to register as a lobbyist under
3-6 Chapter 305 because of the person's activities for compensation on
3-7 behalf of a profession related to the operation of the commission;
3-8 (6) is married to an individual described by
3-9 Subdivision (1)-(5);
3-10 (7) has been convicted of a felony or of any crime
3-11 involving moral turpitude; or
3-12 (8) is not a citizen of the United States.
3-13 SECTION 1.08. Section 467.025(a), Government Code, is
3-14 amended to read as follows:
3-15 (a) A commission member may not:
3-16 (1) accept any employment or remuneration from:
3-17 (A) a person that has a significant financial
3-18 interest in the lottery; [or]
3-19 (B) a bingo commercial lessor, bingo
3-20 distributor, or bingo manufacturer; or
3-21 (C) a person that has a significant financial
3-22 interest in the horse or dog racing industry;
3-23 (2) play any lottery or bingo game or bet on any horse
3-24 or dog race conducted in this state;
3-25 (3) accept or be entitled to accept any part of the
3-26 winnings to be paid from a lottery, horse or dog race, or bingo
3-27 game conducted in this state;
4-1 (4) use the member's official authority to affect the
4-2 result of an election or nomination for public office; or
4-3 (5) directly or indirectly coerce, attempt to coerce,
4-4 command, or advise a person to pay, lend, or contribute anything of
4-5 value to another person for political purposes.
4-6 SECTION 1.09. Section 467.031, Government Code, is amended
4-7 to read as follows:
4-8 Sec. 467.031. DIVISIONS. The commission shall establish
4-9 separate divisions to oversee horse and dog racing, bingo, and the
4-10 state lottery.
4-11 SECTION 1.10. Section 467.035(a), Government Code, is
4-12 amended to read as follows:
4-13 (a) The commission may not employ or continue to employ a
4-14 person who owns a financial interest in:
4-15 (1) a bingo commercial lessor, bingo distributor, or
4-16 bingo manufacturer; [or]
4-17 (2) a lottery sales agency or a lottery operator; or
4-18 (3) a business providing goods or services to the dog
4-19 or horse racing industry.
4-20 SECTION 1.11. Sections 467.101(a) and (c), Government Code,
4-21 are amended to read as follows:
4-22 (a) The commission has broad authority and shall exercise
4-23 strict control and close supervision over all activities authorized
4-24 and conducted in this state under:
4-25 (1) the Bingo Enabling Act (Article 179d, Vernon's
4-26 Texas Civil Statutes); [and]
4-27 (2) Chapter 466; and
5-1 (3) the Texas Racing Act (Article 179e, Vernon's Texas
5-2 Civil Statutes).
5-3 (c) The commission also has the powers and duties granted
5-4 under:
5-5 (1) the Bingo Enabling Act (Article 179d, Vernon's
5-6 Texas Civil Statutes); [and]
5-7 (2) Chapter 466; and
5-8 (3) the Texas Racing Act (Article 179e, Vernon's Texas
5-9 Civil Statutes).
5-10 SECTION 1.12. Section 2(20), Bingo Enabling Act (Article
5-11 179d, Vernon's Texas Civil Statutes), is amended to read as
5-12 follows:
5-13 (20) "Commission" means the Texas Gaming [Lottery]
5-14 Commission.
5-15 SECTION 1.13. Section 16(a), Bingo Enabling Act (Article
5-16 179d, Vernon's Texas Civil Statutes), is amended to read as
5-17 follows:
5-18 (a) The commission shall administer this Act. The
5-19 commission has broad authority and shall exercise strict control
5-20 and close supervision over all games of bingo conducted in this
5-21 state to the end that the games are fairly conducted and the
5-22 proceeds derived from the games are used for the purposes
5-23 authorized in this Act. The commission's authority under this Act
5-24 is executed through a division established by the [administrator of
5-25 the] commission to administer this Act. The executive director
5-26 [administrator] shall employ a director of bingo operations to
5-27 administer the division under the direction of the commission and
6-1 executive director [administrator]. The commission may adopt
6-2 rules for the enforcement and administration of this Act.
6-3 SECTION 1.14. Subchapter A, Chapter 467, Government Code, is
6-4 amended by adding Section 467.003 to read as follows:
6-5 Sec. 467.003. REFERENCES TO PRECEDING COMMISSION. Any
6-6 reference in law to the Texas Lottery Commission means the Texas
6-7 Gaming Commission.
6-8 SECTION 1.15. Section 467.032(c), Government Code, is
6-9 repealed.
6-10 SECTION 1.16. (a) The Texas Lottery Commission as it exists
6-11 on the effective date of this Act is abolished. The terms of
6-12 office of the members of the Texas Lottery Commission serving on
6-13 that date expire on the date of the first meeting of the Texas
6-14 Gaming Commission created by this Act.
6-15 (b) The Texas Gaming Commission, composed as provided by
6-16 Chapter 467, Government Code, as amended by this Act, is created.
6-17 The governor shall make appointments to the commission in
6-18 accordance with that chapter as soon as possible after the
6-19 effective date of this Act. In making those appointments, the
6-20 governor shall designate the terms of office to be served as
6-21 follows:
6-22 (1) one appointee shall be appointed for a term
6-23 expiring February 1, 1999;
6-24 (2) one appointee shall be appointed for a term
6-25 expiring February 1, 2001; and
6-26 (3) one appointee shall be appointed for a term
6-27 expiring February 1, 2003.
7-1 (c) As soon as possible after the effective date of this
7-2 Act, and after the time that the governor makes all three
7-3 appointments under Subsection (b) of this section, the
7-4 commissioners shall appoint the executive director of the Texas
7-5 Gaming Commission in accordance with Section 467.032, Government
7-6 Code, as amended by this Act. The executive director appointed
7-7 under this subsection takes office on the date determined by the
7-8 commission created by this Act. Until that time, the person
7-9 employed to perform the duties of the executive director by the
7-10 Texas Lottery Commission abolished by this Act may continue to
7-11 perform those duties under the prior law governing the authority of
7-12 the executive director of the Texas Lottery Commission and the
7-13 prior law governing the authority of the executive secretary of the
7-14 Texas Racing Commission, and the prior law is continued in effect
7-15 for that purpose.
7-16 (d) The governor or the person appointed by the governor to
7-17 be the presiding officer of the Texas Gaming Commission created by
7-18 this Act may designate a person to perform the ministerial duties
7-19 necessary for posting notice of and holding the first meeting of
7-20 the Texas Gaming Commission created by this Act.
7-21 (e) The Texas Gaming Commission created by this Act has all
7-22 the powers and duties provided by law and all the property, funds,
7-23 rules, employees, unspent appropriations, documents, rights, and
7-24 obligations of the abolished Texas Lottery Commission, except to
7-25 the extent the laws governing the abolished commission's powers and
7-26 duties are amended by this Act.
7-27 (f) The rules, policies, procedures, and decisions of the
8-1 abolished commission are continued in effect as rules, policies,
8-2 procedures, and decisions of the Texas Gaming Commission created by
8-3 this Act until superseded by a rule or other appropriate action of
8-4 the new commission.
8-5 (g) The validity of a rule, form, or procedure adopted,
8-6 contract or acquisition made, proceeding begun, obligation
8-7 incurred, right accrued, or other action taken by or in connection
8-8 with the authority of the Texas Lottery Commission before it is
8-9 abolished under Subsection (a) of this section is not affected by
8-10 the abolishment.
8-11 (h) An action or proceeding before the Texas Lottery
8-12 Commission or to which the Texas Lottery Commission is a party is
8-13 transferred without change in status to the Texas Gaming
8-14 Commission.
8-15 ARTICLE 2. TRANSFER OF TEXAS RACING COMMISSION
8-16 POWERS AND DUTIES
8-17 SECTION 2.01. The purpose of this article is to transfer the
8-18 powers and duties of the Texas Racing Commission to the Texas
8-19 Gaming Commission.
8-20 SECTION 2.02. Sections 1.03(3) and (5), Texas Racing Act
8-21 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
8-22 as follows:
8-23 (3) "Commission" means the Texas Gaming [Racing]
8-24 Commission.
8-25 (5) "Executive secretary" means the executive
8-26 secretary of the racing division appointed by the executive
8-27 director of the commission [Texas Racing Commission].
9-1 SECTION 2.03. The title of Article 2, Texas Racing Act
9-2 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
9-3 as follows:
9-4 ARTICLE 2. [TEXAS RACING] COMMISSION
9-5 SECTION 2.04. Section 2.06, Texas Racing Act (Article 179e,
9-6 Vernon's Texas Civil Statutes), is amended to read as follows:
9-7 Sec. 2.06. FINANCIAL STATEMENT. Each appointed member of
9-8 the commission and the executive secretary of the racing division
9-9 of the commission is an "appointed officer of a major state agency"
9-10 within the meaning of Chapter 572, Government Code [Chapter 421,
9-11 Acts of the 63rd Legislature, Regular Session, 1973 (Article
9-12 6252-9b, Vernon's Texas Civil Statutes)]. An appointee shall also
9-13 file a detailed financial statement with the secretary of state of
9-14 the type required by The Banking Department of Texas in the
9-15 application for charter for state banks. The financial statement
9-16 is a public record under Chapter 552, Government Code [Chapter 424,
9-17 Acts of the 63rd Legislature, Regular Session, 1973 (Article
9-18 6252-17a, Vernon's Texas Civil Statutes)].
9-19 SECTION 2.05. Section 2.12(a), Texas Racing Act (Article
9-20 179e, Vernon's Texas Civil Statutes), is amended to read as
9-21 follows:
9-22 (a) The commission shall employ an executive secretary,
9-23 appointed by the executive director of the commission, and other
9-24 employees as necessary to administer this Act.
9-25 SECTION 2.06. Section 3.02, Texas Racing Act (Article 179e,
9-26 Vernon's Texas Civil Statutes), is amended to read as follows:
9-27 Sec. 3.02. REGULATION AND SUPERVISION. The [In accordance
10-1 with Section 3.01 of this Act, the] commission shall regulate and
10-2 supervise every race meeting in this state involving wagering on
10-3 the result of greyhound or horse racing. All persons and things
10-4 relating to the operation of those meetings are subject to
10-5 regulation and supervision by the commission. The commission shall
10-6 adopt rules for conducting greyhound or horse racing in this state
10-7 involving wagering and shall adopt other rules to administer this
10-8 Act that are consistent with this Act.
10-9 SECTION 2.07. Section 3.09(b), Texas Racing Act (Article
10-10 179e, Vernon's Texas Civil Statutes), is amended to read as
10-11 follows:
10-12 (b) The commission shall deposit the money it collects under
10-13 this Act in the State Treasury to the credit of a special fund to
10-14 be known as the Texas Racing [Commission] fund. The Texas Racing
10-15 [Commission] fund may be appropriated only for the administration
10-16 and enforcement of this Act. Any unappropriated money remaining in
10-17 that special fund at the close of each fiscal biennium shall be
10-18 transferred to the General Revenue Fund and may be appropriated for
10-19 any legal purpose. The legislature may also appropriate money from
10-20 the General Revenue Fund for the administration and enforcement of
10-21 this Act. Any amount of general revenue appropriated for the
10-22 administration and enforcement of this Act in excess of the
10-23 cumulative amount deposited in the Texas Racing [Commission] fund
10-24 shall be reimbursed from the Texas Racing [Commission] fund not
10-25 later than one year after the date on which the general revenue
10-26 funds are appropriated, with 12 percent interest per year until
10-27 August 31, 1993, and 6-3/4 percent interest thereafter with all
11-1 payments first attributable to interest.
11-2 SECTION 2.08. Section 5.02(a), Texas Racing Act (Article
11-3 179e, Vernon's Texas Civil Statutes), is amended to read as
11-4 follows:
11-5 (a) Judicial review of an order under this Act of the
11-6 commission is under the substantial evidence rule.
11-7 SECTION 2.09. Sections 6.06(e) and (f), Texas Racing Act
11-8 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
11-9 as follows:
11-10 (e) The [appropriate section of the] commission may
11-11 condition the issuance of a license under this article on the
11-12 observance of its rules. The commission may amend the rules at any
11-13 time and may condition the continued holding of the license on
11-14 compliance with the rules as amended.
11-15 (f) The [appropriate section of the] commission may refuse
11-16 to issue a license or may suspend or revoke a license of a licensee
11-17 under this article who knowingly or intentionally allows access to
11-18 an enclosure where greyhound races or horse races are conducted to
11-19 a person who has engaged in bookmaking, touting, or illegal
11-20 wagering, whose income is from illegal activities or enterprises,
11-21 or who has been convicted of a violation of this Act.
11-22 SECTION 2.10. Section 18.01(b), Texas Racing Act (Article
11-23 179e, Vernon's Texas Civil Statutes), is amended to read as
11-24 follows:
11-25 (b) If, at the time that the commission would be abolished
11-26 under Chapter 325, Government Code [Subsection (a) of this
11-27 section], an association created under this Act has outstanding
12-1 long-term liabilities:
12-2 (1) the association may continue to operate for a
12-3 period not to exceed one year after those liabilities are
12-4 satisfied; and
12-5 (2) the commission and this Act are continued in
12-6 effect for the purpose of regulating that association under this
12-7 Act.
12-8 SECTION 2.11. Article 18, Texas Racing Act (Article 179e,
12-9 Vernon's Texas Civil Statutes), is amended by adding Section 18.08
12-10 to read as follows:
12-11 Sec. 18.08. REFERENCES TO PRECEDING COMMISSION. Any
12-12 reference in law to the Texas Racing Commission means the Texas
12-13 Gaming Commission.
12-14 SECTION 2.12. Sections 2.01-2.04, 2.08-2.11, 3.01, and
12-15 18.01(a), Texas Racing Act (Article 179e, Vernon's Texas Civil
12-16 Statutes), are repealed.
12-17 SECTION 2.13. (a) On the date that the first meeting of the
12-18 Texas Gaming Commission created by this Act is held, the Texas
12-19 Racing Commission is abolished. On that date, the powers, duties,
12-20 obligations, rights, contracts, records, employees, property,
12-21 funds, and unspent appropriations of the Texas Racing Commission
12-22 are transferred to the Texas Gaming Commission.
12-23 (b) All rules, policies, procedures, and decisions of the
12-24 Texas Racing Commission are continued in effect as rules, policies,
12-25 procedures, and decisions of the Texas Gaming Commission until
12-26 superseded by a rule or other appropriate action of the Texas
12-27 Gaming Commission.
13-1 (c) The validity of a rule, form, or procedure adopted,
13-2 contract or acquisition made, proceeding begun, obligation
13-3 incurred, right accrued, or other action taken by or in connection
13-4 with the authority of the Texas Racing Commission before it is
13-5 abolished under Subsection (a) of this section is not affected by
13-6 the abolishment.
13-7 (d) Any action or proceeding before the Texas Racing
13-8 Commission or to which the commission is a party is transferred
13-9 without change in status to the Texas Gaming Commission.
13-10 (e) Notwithstanding the changes in law made by this Act,
13-11 until the date that the Texas Racing Commission is abolished as
13-12 provided by this section, the members of the Texas Racing
13-13 Commission on the effective date of this Act may continue in office
13-14 and exercise the powers and duties of the commission under the law
13-15 that governed the commission before the effective date of this Act,
13-16 and the prior law is continued in effect for that purpose.
13-17 ARTICLE 3. TRANSFER OF OTHER POWERS AND DUTIES
13-18 SECTION 3.01. The purpose of this article is to conform the
13-19 codified law governing the powers and duties of the Texas Racing
13-20 Commission and the Texas Lottery Commission to the changes in law
13-21 made by Articles 1 and 2 of this Act.
13-22 SECTION 3.02. Section 411.096, Government Code, is amended
13-23 to read as follows:
13-24 Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
13-25 TEXAS GAMING [RACING] COMMISSION. (a) The Texas Gaming [Racing]
13-26 Commission is entitled to obtain from the department criminal
13-27 history record information maintained by the department that
14-1 pertains to a person who is:
14-2 (1) appointed to the commission;
14-3 (2) an applicant for employment by the commission; or
14-4 (3) an applicant for a license under the Texas Racing
14-5 Act (Article 179e, Vernon's Texas Civil Statutes).
14-6 (b) Criminal history record information obtained by the
14-7 commission under Subsection (a) may not be released or disclosed to
14-8 any person except in a criminal proceeding, in a hearing conducted
14-9 by the commission, on court order, or with the consent of the
14-10 applicant.
14-11 SECTION 3.03. Section 411.108, Government Code, is amended
14-12 to read as follows:
14-13 Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
14-14 TEXAS GAMING [LOTTERY] COMMISSION. (a) The Texas Gaming [Lottery]
14-15 Commission is entitled to obtain from the department criminal
14-16 history record information maintained by the department that
14-17 relates to a person who, under Chapter 466, is:
14-18 (1) a sales agent or an applicant for a sales agent
14-19 license;
14-20 (2) a person required to be named in a license
14-21 application;
14-22 (3) a lottery operator or prospective lottery
14-23 operator;
14-24 (4) an employee of a lottery operator or prospective
14-25 lottery operator, if the employee is or will be directly involved
14-26 in lottery operations;
14-27 (5) a person who manufactures or distributes lottery
15-1 equipment or supplies or a representative of a person who
15-2 manufactures or distributes lottery equipment or supplies offered
15-3 to the lottery;
15-4 (6) a person who has submitted a written bid or
15-5 proposal to the commission in connection with the procurement of
15-6 goods or services by the commission, if the amount of the bid or
15-7 proposal exceeds $500;
15-8 (7) an employee or other person who works for or will
15-9 work for a sales agent or an applicant for a sales agent license;
15-10 (8) a person who proposes to enter into or who has a
15-11 contract with the commission to supply goods or services to the
15-12 commission;
15-13 (9) if a person described in Subdivisions (1) through
15-14 (8) of this section is not an individual, an individual who:
15-15 (A) is an officer or director of the person;
15-16 (B) holds more than 10 percent of the stock in
15-17 the person;
15-18 (C) holds an equitable interest greater than 10
15-19 percent in the person;
15-20 (D) is a creditor of the person who holds more
15-21 than 10 percent of the person's outstanding debt;
15-22 (E) is the owner or lessee of a business that
15-23 the person conducts or through which the person will conduct
15-24 lottery-related activities;
15-25 (F) shares or will share in the profits, other
15-26 than stock dividends, of the person;
15-27 (G) participates in managing the affairs of the
16-1 person; or
16-2 (H) is an employee of the person who is or will
16-3 be involved in:
16-4 (i) selling tickets; or
16-5 (ii) handling money from the sale of
16-6 tickets;
16-7 (10) the executive director or a prospective executive
16-8 director of the commission;
16-9 (11) an employee or prospective employee of the
16-10 commission; or
16-11 (12) a sales agent whose license is renewed under
16-12 Section 466.158.
16-13 (b) Criminal history record information obtained by the
16-14 commission under Subsection (a) may not be released or disclosed to
16-15 any person except on court order or as provided by Subsection (c).
16-16 (c) The commission is not prohibited from disclosing to the
16-17 person who is the subject of the criminal history record
16-18 information the dates and places of arrests, offenses, and
16-19 dispositions contained in the criminal history record information.
16-20 SECTION 3.04. Sections 572.003(b) and (c), Government Code,
16-21 are amended to read as follows:
16-22 (b) The term means:
16-23 (1) the Banking Commissioner of The Banking Department
16-24 of Texas;
16-25 (2) the fire fighters' pension commissioner;
16-26 (3) the administrative director of the Office of Court
16-27 Administration of the Texas Judicial System;
17-1 (4) the chief executive of the Office of Public
17-2 Utility Counsel;
17-3 (5) the executive director of the State Bar of Texas;
17-4 (6) the director of the lottery division of the Texas
17-5 Gaming [Lottery] Commission;
17-6 (7) the deputy in charge of the department of security
17-7 in the lottery division of the Texas Gaming [Lottery] Commission;
17-8 (8) the director of the bingo division of the Texas
17-9 Gaming [Lottery] Commission; or
17-10 (9) the secretary of state.
17-11 (c) The term means a member of:
17-12 (1) the Public Utility Commission of Texas;
17-13 (2) the Texas Department of Commerce;
17-14 (3) the Texas Natural Resource Conservation
17-15 Commission;
17-16 (4) the Texas Alcoholic Beverage Commission;
17-17 (5) The Finance Commission of Texas;
17-18 (6) the General Services Commission;
17-19 (7) the Texas Board of Criminal Justice;
17-20 (8) the board of trustees of the Employees Retirement
17-21 System of Texas;
17-22 (9) the Texas Transportation Commission;
17-23 (10) the Texas Workers' Compensation Commission;
17-24 (11) the State Board of Insurance;
17-25 (12) the Parks and Wildlife Commission;
17-26 (13) the Public Safety Commission;
17-27 (14) the Texas Ethics Commission;
18-1 (15) the State Securities Board;
18-2 (16) the Texas Water Development Board;
18-3 (17) the governing board of a public senior college or
18-4 university as defined by Section 61.003, Education Code, or of The
18-5 University of Texas Southwestern Medical Center at Dallas, The
18-6 University of Texas Medical Branch at Galveston, The University of
18-7 Texas Health Science Center at Houston, The University of Texas
18-8 Health Science Center at San Antonio, The University of Texas
18-9 System Cancer Center, The University of Texas Health Science Center
18-10 at Tyler, University of North Texas Health Science Center at Fort
18-11 Worth, Texas Tech University Health Sciences Center, Texas State
18-12 Technical College--Amarillo, Texas State Technical
18-13 College--Harlingen, Texas State Technical College--Sweetwater, or
18-14 Texas State Technical College--Waco;
18-15 (18) the Texas Higher Education Coordinating Board;
18-16 (19) the Texas Employment Commission;
18-17 (20) the State Banking Board;
18-18 (21) the board of trustees of the Teacher Retirement
18-19 System of Texas;
18-20 (22) the Credit Union Commission;
18-21 (23) the School Land Board;
18-22 (24) the board of the Texas Department of Housing and
18-23 Community Affairs;
18-24 (25) the Texas Gaming [Racing] Commission;
18-25 (26) the State Board of Dental Examiners;
18-26 (27) the Texas Board of Licensure for Nursing Home
18-27 Administrators;
19-1 (28) the Texas State Board of Medical Examiners;
19-2 (29) the Board of Pardons and Paroles;
19-3 (30) the State Board of Pharmacy;
19-4 (31) the Department of Information Resources governing
19-5 board;
19-6 (32) the Motor Vehicle Board;
19-7 (33) the Texas Real Estate Commission;
19-8 (34) the board of directors of the State Bar of Texas;
19-9 (35) the bond review board;
19-10 (36) the Texas Board of Health;
19-11 (37) the Texas Board of Mental Health and Mental
19-12 Retardation;
19-13 (38) the Texas Board on Aging;
19-14 (39) the Texas Board of Human Services;
19-15 (40) the Texas Funeral Service Commission; or
19-16 (41) the board of directors of a river authority
19-17 created under the Texas Constitution or a statute of this state[;
19-18 or]
19-19 [(42) the Texas Lottery Commission].
19-20 SECTION 3.05. Article 2.12, Code of Criminal Procedure, as
19-21 amended by Section 2, Chapter 621 and Section 1, Chapter 729, Acts
19-22 of the 74th Legislature, 1995, is amended to read as follows:
19-23 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
19-24 officers:
19-25 (1) sheriffs and their deputies;
19-26 (2) constables and deputy constables;
19-27 (3) marshals or police officers of an incorporated
20-1 city, town, or village;
20-2 (4) rangers and officers commissioned by the Public
20-3 Safety Commission and the Director of the Department of Public
20-4 Safety;
20-5 (5) investigators of the district attorneys', criminal
20-6 district attorneys', and county attorneys' offices;
20-7 (6) law enforcement agents of the Texas Alcoholic
20-8 Beverage Commission;
20-9 (7) each member of an arson investigating unit
20-10 commissioned by a city, a county, or the state;
20-11 (8) officers commissioned under Section 37.081,
20-12 Education Code, or Subchapter E, Chapter 51, Education Code;
20-13 (9) officers commissioned by the General Services
20-14 Commission;
20-15 (10) law enforcement officers commissioned by the
20-16 Parks and Wildlife Commission;
20-17 (11) airport police officers commissioned by a city
20-18 with a population of more than one million, according to the most
20-19 recent federal census, that operates an airport that serves
20-20 commercial air carriers;
20-21 (12) airport security personnel commissioned as peace
20-22 officers by the governing body of any political subdivision of this
20-23 state, other than a city described by Subdivision (11), that
20-24 operates an airport that serves commercial air carriers;
20-25 (13) municipal park and recreational patrolmen and
20-26 security officers;
20-27 (14) security officers commissioned as peace officers
21-1 by the State Treasurer;
21-2 (15) officers commissioned by a water control and
21-3 improvement district under Section 51.132, Water Code;
21-4 (16) officers commissioned by a board of trustees
21-5 under Chapter 341, Acts of the 57th Legislature, Regular Session,
21-6 1961 (Article 1187f, Vernon's Texas Civil Statutes);
21-7 (17) investigators commissioned by the Texas State
21-8 Board of Medical Examiners;
21-9 (18) officers commissioned by the board of managers of
21-10 the Dallas County Hospital District, the Tarrant County Hospital
21-11 District, or the Bexar County Hospital District under Section
21-12 281.057, Health and Safety Code;
21-13 (19) county park rangers commissioned under Subchapter
21-14 E, Chapter 351, Local Government Code;
21-15 (20) investigators employed by the Texas Gaming
21-16 [Racing] Commission;
21-17 (21) officers commissioned by the State Board of
21-18 Pharmacy;
21-19 (22) officers commissioned by the governing body of a
21-20 metropolitan rapid transit authority under Section 451.108,
21-21 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
21-22 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
21-23 Statutes)], or by a regional transportation authority under Section
21-24 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
21-25 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
21-26 Civil Statutes)];
21-27 (23) [officers commissioned under the Texas High-Speed
22-1 Rail Act (Article 6674v.2, Revised Statutes;]
22-2 [(24)] investigators commissioned by the attorney
22-3 general under Section 402.009, Government Code;
22-4 (24) [(25)] security officers and investigators
22-5 commissioned as peace officers under Chapter 466, Government Code;
22-6 (25) [(26)] an officer employed by the Texas
22-7 Department of Health under Section 431.2471, Health and Safety
22-8 Code;
22-9 (26) [(27)] officers appointed by an appellate court
22-10 under Subchapter F, Chapter 53, Government Code;
22-11 (27) [(28)] officers commissioned by the state fire
22-12 marshal under Chapter 417, Government Code; [and]
22-13 (28) [(29)] an investigator commissioned by the
22-14 commissioner of insurance under Article 1.10D, Insurance Code;
22-15 and[.]
22-16 (29) apprehension specialists commissioned by the
22-17 Texas Youth Commission as officers under Section 61.0931, Human
22-18 Resources Code.
22-19 SECTION 3.06. Section 87.002, Civil Practice and Remedies
22-20 Code, is amended to read as follows:
22-21 Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does
22-22 not apply to an activity regulated by the Texas Gaming [Racing]
22-23 Commission.
22-24 SECTION 3.07. Section 104.001, Civil Practice and Remedies
22-25 Code, is amended to read as follows:
22-26 Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
22-27 of action based on conduct described in Section 104.002, the state
23-1 shall indemnify the following persons, without regard to whether
23-2 the persons performed their services for compensation, for actual
23-3 damages, court costs, and attorney's fees adjudged against:
23-4 (1) an employee, a member of the governing board, or
23-5 any other officer of a state agency, institution, or department;
23-6 (2) a former employee, former member of the governing
23-7 board, or any other former officer of a state agency, institution,
23-8 or department who was an employee or officer when the act or
23-9 omission on which the damages are based occurred;
23-10 (3) a physician or psychiatrist licensed in this state
23-11 who was performing services under a contract with any state agency,
23-12 institution, or department or a racing official performing services
23-13 under a contract with the Texas Gaming [Racing] Commission when the
23-14 act or omission on which the damages are based occurred;
23-15 (4) a person serving on the governing board of a
23-16 foundation, corporation, or association at the request and on
23-17 behalf of an institution of higher education, as that term is
23-18 defined by Section 61.003(8), Education Code, not including a
23-19 public junior college;
23-20 (5) a state contractor who signed a waste manifest as
23-21 required by a state contract; or
23-22 (6) the estate of a person listed in this section.
23-23 SECTION 3.08. Sections 88.526(a) and (c), Education Code,
23-24 are amended to read as follows:
23-25 (a) The director shall prepare an annual report on equine
23-26 research funded under this subchapter. The director shall
23-27 distribute the report to the Texas Gaming [Racing] Commission and
24-1 the members of the advisory committee. The director shall make
24-2 copies of the report available to interested parties.
24-3 (c) The director shall, at least annually, consult with the
24-4 Texas Gaming [Racing] Commission on the use of the account and the
24-5 impact of equine research funded by the account.
24-6 ARTICLE 4. EFFECTIVE DATE; EMERGENCY
24-7 SECTION 4.01. This Act takes effect September 1, 1997.
24-8 SECTION 4.02. The importance of this legislation and the
24-9 crowded condition of the calendars in both houses create an
24-10 emergency and an imperative public necessity that the
24-11 constitutional rule requiring bills to be read on three several
24-12 days in each house be suspended, and this rule is hereby suspended.