By Armbrister S.B. No. 356
75R1804 MWV-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; providing penalties.
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 Subdivisions
1-17 (67)-(76) 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 (68) "Child" means a person younger than 16 years of
1-22 age.
1-23 (69) "Minor" means a person younger than 21 years of
1-24 age.
2-1 (70) "Contraband" means:
2-2 (A) any item or thing the possession of which is
2-3 unlawful under this Act, a commission rule, or other law;
2-4 (B) any item or thing that might reasonably have
2-5 the effect of unnaturally depressing, stimulating, or exciting an
2-6 animal during a race in a manner contrary to this Act or commission
2-7 rule, including a prohibited device or substance; or
2-8 (C) a document, including a credential or forged
2-9 ticket, possessed by an individual or used by an individual in
2-10 violation of this Act or a commission rule.
2-11 (71) "Prohibited device" means:
2-12 (A) a spur or an electrical or other device
2-13 prohibited by a commission rule regulating the unlawful influence
2-14 of a race; or
2-15 (B) a device specifically designed, made, or
2-16 adapted to influence or affect the outcome of a race in a manner
2-17 contrary to this Act or a commission rule.
2-18 (72) "Prohibited substance" means a drug, chemical,
2-19 medication, stimulant, depressant, or other substance, including a
2-20 syringe or other device used to administer a prohibited substance,
2-21 that, in its use or intended use, is capable of influencing or
2-22 affecting the outcome of a race in a manner contrary to this Act or
2-23 a commission rule.
2-24 (73) "Unlawful touting" means an offense described by
2-25 Section 14.01 of this Act or a similar offense under the laws of
2-26 another state.
2-27 (74) "Race" includes a live audio and visual signal of
3-1 a race.
3-2 (75) "Outstanding ticket" means a pari-mutuel ticket
3-3 not presented for payment before the end of the greyhound racing or
3-4 horse racing day for which the ticket was purchased.
3-5 (76) "Pari-mutuel voucher" means a bearer instrument
3-6 issued by a pari-mutuel wagering machine that represents money
3-7 owned by a wagering patron and held by an association, including
3-8 winnings from a pari-mutuel wager.
3-9 SECTION 3. Sections 2.02(a) and (b), Texas Racing Act
3-10 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
3-11 as follows:
3-12 (a) The commission consists of six members appointed by the
3-13 governor with the advice and consent of the senate and two ex
3-14 officio members who shall have the right to vote. The ex officio
3-15 members are the chairman of the Public Safety Commission and the
3-16 comptroller of public accounts. [In making appointments to the
3-17 commission, the governor shall strive to achieve representation by
3-18 all the population groups of the state with regard to economic
3-19 status, sex, race, and ethnicity.]
3-20 (b) Appointments to the commission shall be made without
3-21 regard to the race, color, disability, sex, religion, age, or
3-22 national origin of the appointees. [One appointed member must be a
3-23 veterinarian licensed to practice in this state who specializes in
3-24 the treatment of small animals. One appointed member must be a
3-25 veterinarian licensed to practice in this state who specializes in
3-26 the treatment of large animals. Two appointed members must be
3-27 individuals who are not veterinarians and who have special
4-1 knowledge or experience related to greyhound racing. Two appointed
4-2 members must be individuals who are not veterinarians and who have
4-3 special knowledge or experience related to horse racing.]
4-4 SECTION 4. Section 2.03, Texas Racing Act (Article 179e,
4-5 Vernon's Texas Civil Statutes), is amended to read as follows:
4-6 Sec. 2.03. Term of office. (a) Appointed [Except for the
4-7 initial appointments, appointed] members hold office for staggered
4-8 terms of six years with two members' terms expiring February 1 of
4-9 each odd-numbered year. A member holds office until that member's
4-10 successor is appointed and qualifies.
4-11 (b) [In making the initial appointments, the governor shall
4-12 designate two appointed members for a term expiring February 1,
4-13 1989, two for a term expiring February 1, 1991, and two for a term
4-14 expiring February 1, 1993. The governor shall make the initial
4-15 appointments on or before February 1, 1987.]
4-16 [(c)] The ex officio members hold office on the commission
4-17 for the time for which they hold their other offices.
4-18 SECTION 5. Section 2.05, Texas Racing Act (Article 179e,
4-19 Vernon's Texas Civil Statutes), is amended to read as follows:
4-20 Sec. 2.05. Eligibility. (a) Four of the appointed members
4-21 of the commission must be representatives of the general public and
4-22 have general knowledge of business or agribusiness. One additional
4-23 appointed member must have special knowledge or experience related
4-24 to greyhound racing and one additional appointed member must have
4-25 special knowledge or experience related to horse racing. A person
4-26 is not eligible for appointment as a member of the commission if
4-27 the person or the person's spouse:
5-1 (1) is licensed by the commission, except as a
5-2 commissioner;
5-3 (2) is employed by the commission or participates in
5-4 the management of a business entity or other organization regulated
5-5 by the commission or receiving funds from or through the
5-6 commission;
5-7 (3) owns or controls, directly or indirectly, more
5-8 than a 10 percent interest in a business entity or other
5-9 organization regulated by the commission or receiving funds from or
5-10 through the commission; or
5-11 (4) uses or receives a substantial amount of tangible
5-12 goods, services, or funds from or through the commission, other
5-13 than compensation or reimbursement authorized by law for commission
5-14 membership, attendance, or expenses.
5-15 (b) In addition to the eligibility requirements of
5-16 Subsection (a), a [A] person is not eligible to be an appointed
5-17 member of the commission if that person owns any financial interest
5-18 in a racetrack or its operation or if that person is related within
5-19 the second degree by affinity or the third degree by consanguinity,
5-20 as determined under Subchapter B, Chapter 573, Government Code
5-21 [Article 5996h, Revised Statutes], to a person who owns any
5-22 financial interest in a racetrack or its operation.
5-23 (c) Each person appointed to or employed by the commission
5-24 is subject to all background checks and qualification criteria
5-25 required to hold a racetrack license or other license under this
5-26 Act.
5-27 (d) A person who has been convicted of a felony or of any
6-1 crime involving moral turpitude is not eligible for appointment to
6-2 the commission.
6-3 SECTION 6. Article 2, Texas Racing Act (Article 179e,
6-4 Vernon's Texas Civil Statutes), is amended by adding Sections
6-5 2.071-2.074 to read as follows:
6-6 Sec. 2.071. CONFLICT OF INTEREST. (a) An officer,
6-7 employee, or paid consultant of a Texas trade association in the
6-8 field of horse or greyhound racing or breeding may not be a member
6-9 of the commission or an employee of the commission who is exempt
6-10 from the state's position classification plan or is compensated at
6-11 or above the amount prescribed by the General Appropriations Act
6-12 for step 1, salary group 17, of the position classification salary
6-13 schedule.
6-14 (b) A person who is the spouse of an officer, manager, or
6-15 paid consultant of a Texas trade association in the field of horse
6-16 or greyhound racing or breeding may not be a member of the
6-17 commission and may not be an employee of the commission who is
6-18 exempt from the state's position classification plan or is
6-19 compensated at or above the amount prescribed by the General
6-20 Appropriations Act for step 1, salary group 17, of the position
6-21 classification salary schedule.
6-22 (c) For the purposes of this section, a Texas trade
6-23 association is a nonprofit, cooperative, and voluntarily joined
6-24 association of business or professional competitors in this state
6-25 designed to assist its members and its industry or profession in
6-26 dealing with mutual business or professional problems and in
6-27 promoting their common interest.
7-1 Sec. 2.072. LOBBYIST RESTRICTION. A person may not serve as
7-2 a member of the commission or act as the general counsel to the
7-3 commission if the person is required to register as a lobbyist
7-4 under Chapter 305, Government Code, because of the person's
7-5 activities for compensation on behalf of a profession related to
7-6 the operation of the commission.
7-7 Sec. 2.073. GROUNDS FOR REMOVAL. (a) It is a ground for
7-8 removal from the commission if a member:
7-9 (1) does not have at the time of appointment the
7-10 qualifications required by Section 2.02, 2.04, or 2.05 of this Act;
7-11 (2) does not maintain during service on the commission
7-12 the qualifications required by Section 2.02 or 2.05 of this Act;
7-13 (3) violates a prohibition established by Section
7-14 2.05, 2.071, or 2.072 of this Act;
7-15 (4) cannot because of illness or disability discharge
7-16 the member's duties for a substantial part of the term for which
7-17 the member is appointed; or
7-18 (5) is absent from more than half of the regularly
7-19 scheduled commission meetings that the member is eligible to attend
7-20 during a calendar year unless the absence is excused by majority
7-21 vote of the commission.
7-22 (b) The validity of an action of the commission is not
7-23 affected by the fact that it is taken when a ground for removal of
7-24 a commission member exists.
7-25 (c) If the executive secretary has knowledge that a
7-26 potential ground for removal exists, the executive secretary shall
7-27 notify the presiding officer of the commission of the potential
8-1 ground. The presiding officer shall then notify the governor and
8-2 the attorney general that a potential ground for removal exists.
8-3 If the potential ground for removal involves the presiding officer,
8-4 the executive secretary shall notify the next highest officer of
8-5 the commission, who shall notify the governor and the attorney
8-6 general that a potential ground for removal exists.
8-7 Sec. 2.074. MEMBER TRAINING. (a) Before a member of the
8-8 commission may assume the member's duties and before the member may
8-9 be confirmed by the senate, the member must complete at least one
8-10 course of the training program established by the commission under
8-11 this section.
8-12 (b) A training program established under this section shall
8-13 provide information to the member regarding:
8-14 (1) the enabling legislation that created the
8-15 commission;
8-16 (2) the programs operated by the agency;
8-17 (3) the role and functions of the agency;
8-18 (4) the rules of the agency with an emphasis on the
8-19 rules that relate to disciplinary and investigatory authority;
8-20 (5) the current budget for the agency;
8-21 (6) the results of the most recent formal audit of the
8-22 agency;
8-23 (7) the requirements of the:
8-24 (A) open meetings law, Chapter 551, Government
8-25 Code;
8-26 (B) open records law, Chapter 552, Government
8-27 Code; and
9-1 (C) administrative procedure law, Chapter 2001,
9-2 Government Code;
9-3 (8) the requirements of the conflict of interest laws
9-4 and other laws relating to public officials; and
9-5 (9) any applicable ethics policies adopted by the
9-6 agency or the Texas Ethics Commission.
9-7 SECTION 7. Section 2.10, Texas Racing Act (Article 179e,
9-8 Vernon's Texas Civil Statutes), is amended to read as follows:
9-9 Sec. 2.10. PRESIDING OFFICER [CHAIRMAN]. The governor shall
9-10 designate a public [one] member of the commission as the presiding
9-11 officer [chairman] of the commission to serve in that capacity at
9-12 the pleasure of the governor.
9-13 SECTION 8. Section 2.11, Texas Racing Act (Article 179e,
9-14 Vernon's Texas Civil Statutes), is amended by amending Subsection
9-15 (b) and adding Subsection (d) to read as follows:
9-16 (b) A majority of the commission constitutes a quorum. [A
9-17 majority of a section of the commission constitutes a quorum for
9-18 purposes of conducting business related to matters under the
9-19 exclusive jurisdiction of that section.]
9-20 (d) The commission shall, by rule, develop and implement
9-21 policies that provide the public with a reasonable opportunity to
9-22 appear before the commission and to speak on any issue under the
9-23 jurisdiction of the commission.
9-24 SECTION 9. Article 2, Texas Racing Act (Article 179e,
9-25 Vernon's Texas Civil Statutes), is amended by adding Sections
9-26 2.17-2.24 to read as follows:
9-27 Sec. 2.17. ANNUAL ACCOUNTING. The commission shall prepare
10-1 annually a complete and detailed written report accounting for all
10-2 funds received and disbursed by the commission during the preceding
10-3 fiscal year. The annual report must meet the reporting
10-4 requirements applicable to financial reporting provided in the
10-5 General Appropriations Act.
10-6 Sec. 2.18. FUNDS PAID TO COMMISSION. All money paid to the
10-7 commission under this Act is subject to Subchapter F, Chapter 404,
10-8 Government Code.
10-9 Sec. 2.19. EMPLOYMENT PRACTICES. (a) The executive
10-10 secretary or the executive secretary's designee shall develop an
10-11 intra-agency career ladder program that addresses opportunities for
10-12 mobility and advancement for employees within the commission. The
10-13 program shall require intra-agency posting of all positions
10-14 concurrently with any public posting.
10-15 (b) The executive secretary or the executive secretary's
10-16 designee shall develop a system of annual performance evaluations
10-17 that are based on documented employee performance. All merit pay
10-18 for commission employees must be based on the system established
10-19 under this subsection.
10-20 (c) The executive secretary or the executive secretary's
10-21 designee shall prepare and maintain a written policy statement to
10-22 assure implementation of a program of equal employment opportunity
10-23 under which all personnel transactions are made without regard to
10-24 race, color, disability, sex, religion, age, or national origin.
10-25 The policy statement must include:
10-26 (1) personnel policies, including policies relating to
10-27 recruitment, evaluation, selection, appointment, training, and
11-1 promotion of personnel that are in compliance with the requirements
11-2 of Chapter 21, Labor Code;
11-3 (2) a comprehensive analysis of the commission
11-4 workforce that meets federal and state guidelines;
11-5 (3) procedures by which a determination can be made
11-6 about the extent of underuse in the commission workforce of all
11-7 persons for whom federal or state guidelines encourage a more
11-8 equitable balance; and
11-9 (4) reasonable methods to appropriately address those
11-10 areas of underuse.
11-11 (d) A policy statement prepared under Subsection (c) of this
11-12 section must cover an annual period, be updated annually and
11-13 reviewed by the Texas Commission on Human Rights for compliance
11-14 with Subsection (c)(1) of this section, and be filed with the
11-15 governor's office.
11-16 (e) The governor's office shall deliver a biennial report to
11-17 the legislature based on the information received under Subsection
11-18 (d) of this section. The report may be made separately or as a
11-19 part of other biennial reports made to the legislature.
11-20 Sec. 2.20. STANDARDS OF CONDUCT. The executive secretary or
11-21 the executive secretary's designee shall provide to members of the
11-22 commission and to agency employees, as often as necessary,
11-23 information regarding their qualification for office or employment
11-24 under this Act and their responsibilities under applicable laws
11-25 relating to standards of conduct for state officers or employees.
11-26 Sec. 2.21. DIVISION OF RESPONSIBILITY. The commission
11-27 shall, by rule, develop and implement policies that clearly
12-1 separate the policymaking responsibilities of the commission and
12-2 the management responsibilities of the executive secretary and the
12-3 staff of the commission.
12-4 Sec. 2.22. PROGRAM AND FACILITY ACCESSIBILITY. The
12-5 commission shall comply with federal and state laws related to
12-6 program and facility accessibility. The executive secretary shall
12-7 also prepare and maintain a written plan that describes how a
12-8 person who does not speak English can be provided reasonable access
12-9 to the commission's programs and services.
12-10 Sec. 2.23. INFORMATION TO PUBLIC. (a) The commission shall
12-11 prepare information of public interest describing the functions of
12-12 the commission and the procedures by which complaints are filed
12-13 with and resolved by the commission. The commission shall make the
12-14 information available to the public and appropriate state agencies.
12-15 (b) The commission by rule shall establish methods by which
12-16 racetrack patrons are notified of the name, mailing address, and
12-17 telephone number of the commission for the purpose of directing
12-18 complaints to the commission. The commission may provide for that
12-19 notification:
12-20 (1) on every race performance program provided by each
12-21 racetrack association; or
12-22 (2) on signs prominently displayed in the common
12-23 public areas on the premises of each racetrack association.
12-24 Sec. 2.24. COMPLAINT HANDLING. (a) The commission shall
12-25 keep information about each complaint filed with the commission.
12-26 The information shall include:
12-27 (1) the date the complaint is received;
13-1 (2) the name of the complainant;
13-2 (3) the subject matter of the complaint;
13-3 (4) a record of all persons contacted in relation to
13-4 the complaint;
13-5 (5) a summary of the results of the review or
13-6 investigation of the complaint; and
13-7 (6) for complaints for which the agency took no
13-8 action, an explanation of the reason the complaint was closed
13-9 without action.
13-10 (b) The commission shall keep a file about each written
13-11 complaint filed with the commission that the agency has authority
13-12 to resolve. The commission shall provide to the person filing the
13-13 complaint and the persons or entities complained about the
13-14 commission's policies and procedures pertaining to complaint
13-15 investigation and resolution. The commission, at least quarterly
13-16 and until final disposition of the complaint, shall notify the
13-17 person filing the complaint and the persons or entities complained
13-18 about of the status of the complaint unless the notice would
13-19 jeopardize an undercover investigation.
13-20 SECTION 10. Section 3.02, Texas Racing Act (Article 179e,
13-21 Vernon's Texas Civil Statutes), is amended to read as follows:
13-22 Sec. 3.02. Regulation and supervision. (a) The [In
13-23 accordance with Section 3.01 of this Act, the] commission shall
13-24 regulate and supervise every race meeting in this state involving
13-25 wagering on the result of greyhound or horse racing. All persons
13-26 and things relating to the operation of those meetings are subject
13-27 to regulation and supervision by the commission. The commission
14-1 shall adopt rules for conducting greyhound or horse racing in this
14-2 state involving wagering and shall adopt other rules to administer
14-3 this Act that are consistent with this Act. The commission shall
14-4 also make rules, issue licenses, and take any other necessary
14-5 action relating exclusively to horse racing or to greyhound racing.
14-6 A majority vote of the members of the commission is necessary for
14-7 any commission decision.
14-8 (b) The commission may establish separate sections to review
14-9 or propose rules of the commission.
14-10 (c) The commission or a section of the commission shall hold
14-11 a meeting on any proposed rule before the commission publishes the
14-12 proposed rule in the Texas Register.
14-13 (d) The commission shall post notice of a meeting under
14-14 Subsection (c) of this section at each racetrack facility. The
14-15 notice shall include an agenda of the meeting and a summary of the
14-16 proposed rule.
14-17 (e) A copy of a proposed rule published in the Texas
14-18 Register shall also be posted concurrently at each racetrack
14-19 facility.
14-20 (f) The commission or a section of the commission may
14-21 appoint a committee of experts, members of the public, or other
14-22 interested parties to advise the commission or section of the
14-23 commission about a proposed rule of the commission.
14-24 (g) The commission, in adopting rules and in the supervision
14-25 and conduct of racing, shall consider the effect of a proposed
14-26 commission action on the state's agricultural, horse breeding,
14-27 horse training, greyhound breeding, and greyhound training
15-1 industry.
15-2 SECTION 11. Section 3.021, Texas Racing Act (Article 179e,
15-3 Vernon's Texas Civil Statutes), is amended by amending Subsection
15-4 (b) and adding Subsection (d) to read as follows:
15-5 (b) To protect the health, safety, and welfare of race
15-6 animals and participants in racing, to safeguard the interest of
15-7 the general public, and to promote the orderly [growth and] conduct
15-8 of racing within the state, the commission may adopt rules for the
15-9 licensing and regulation of races and workouts at racetracks that
15-10 do not offer pari-mutuel wagering and for workouts at training
15-11 facilities to secure past performances and workouts.
15-12 (d) The commission may not adopt rules restricting
15-13 competitive bidding or advertising by a licensee except to prohibit
15-14 false, misleading, or deceptive practices. In its rules to
15-15 prohibit false, misleading, or deceptive practices, the commission
15-16 may not include a rule that:
15-17 (1) restricts the use of any medium for advertising;
15-18 (2) restricts the use of a licensee's personal
15-19 appearance or voice in an advertisement;
15-20 (3) relates to the size or duration of an
15-21 advertisement by the licensee; or
15-22 (4) restricts the licensee's advertisement under a
15-23 trade name.
15-24 SECTION 12. Section 3.03, Texas Racing Act (Article 179e,
15-25 Vernon's Texas Civil Statutes), is amended to read as follows:
15-26 Sec. 3.03. Power of entry. A member of the commission, an
15-27 authorized agent of the commission, a commissioned officer of the
16-1 Department of Public Safety, or a peace officer of the local
16-2 jurisdiction in which the association maintains a place of business
16-3 may enter any part of the racetrack facility [the office,
16-4 racetrack,] or any other place of business of an association at any
16-5 time for the purpose of enforcing and administering this Act.
16-6 SECTION 13. Sections 3.07(a), (d), and (e), Texas Racing Act
16-7 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
16-8 as follows:
16-9 (a) The commission shall employ all of the judges and all of
16-10 the stewards for the supervision of a horse race or greyhound race
16-11 meeting. Each horse race or greyhound race meeting shall be
16-12 supervised by three stewards [approved by the commission] for horse
16-13 racing or by three judges [approved by the commission] for
16-14 greyhound racing. The commission shall designate one of the
16-15 stewards or judges as the presiding steward or judge for each race
16-16 meeting. The association, following the completion of the race
16-17 meeting, may submit written comments to the commission regarding
16-18 the job performance of the stewards and judges for the commission's
16-19 review. Comments received are not binding, in any way, on the
16-20 commission. [The commission shall employ one of the stewards who
16-21 supervises a horse race meeting who shall be the presiding steward.
16-22 The other stewards at the race meeting shall be compensated by the
16-23 association. The commission shall employ one of the judges who
16-24 supervises a greyhound race meeting who shall be the presiding
16-25 judge; the other judges at such a race meeting shall be compensated
16-26 by the association.] For each race meeting, the commission shall
16-27 employ [appoint] at least one state veterinarian [who shall be
17-1 compensated by the commission. The commission by rule shall
17-2 determine the amount of compensation for stewards, judges, and
17-3 state veterinarians who are required to be compensated by the
17-4 commission]. The commission may, by rule, impose a fee on an
17-5 association to offset the costs of compensating the [racetrack]
17-6 stewards, judges, and state veterinarians [for that association].
17-7 The amount of the fee for the compensation of stewards, judges, and
17-8 state veterinarians must be reasonable according to industry
17-9 standards for the compensation of those officials at other
17-10 racetracks and may not exceed the actual cost to the commission for
17-11 compensating the officials. All other racetrack officials shall be
17-12 appointed by the association, with the approval of the commission.
17-13 Compensation for those officials not compensated by the commission
17-14 shall be determined by the association.
17-15 (d) Medication or drug testing performed on a race animal
17-16 under [Section 14.03 of] this Act shall be conducted either by the
17-17 Texas Veterinary Medical Diagnostic Laboratory or in conjunction
17-18 with or by a private or public agency that is approved by the
17-19 commission and by the Texas Veterinary Medical Diagnostic
17-20 Laboratory. Medication or drug testing performed on a human under
17-21 [Section 14.03 of] this Act shall be conducted by a laboratory
17-22 approved by the commission. Charges for services performed under
17-23 this section shall be forwarded to the commission for approval as
17-24 to the reasonableness of the charges for the services. Charges may
17-25 include but are not limited to expenses incurred for travel,
17-26 lodging, testing, and processing of test results. The reasonable
17-27 charges associated with medication or drug testing conducted under
18-1 this Act shall be paid by the association that receives the
18-2 services. The commission shall adopt rules for the procedures for
18-3 approving and paying laboratory charges under this section. On the
18-4 approval of the charges as reasonable, in relation to industry
18-5 standards for testing charges, the commission shall forward a copy
18-6 of the charges to the association that receives the services for
18-7 immediate payment.
18-8 (e) To pay the charges associated with the medication or
18-9 drug testing, an association may use the money held [retained] by
18-10 the association to pay outstanding tickets and pari-mutuel vouchers
18-11 [on tickets that are purchased as wagers on horses or greyhounds
18-12 and that are not cashed by the holders of the tickets]. If
18-13 additional amounts are needed to pay the charges, the association
18-14 shall pay those additional amounts. If the amount retained exceeds
18-15 the amount needed to pay the charges, the association shall pay the
18-16 excess to the commission in accordance with Section 11.08 of this
18-17 Act.
18-18 SECTION 14. Article 3, Texas Racing Act (Article 179e,
18-19 Vernon's Texas Civil Statutes), is amended by adding Sections
18-20 3.13-3.16 to read as follows:
18-21 Sec. 3.13. RECOGNITION OF ORGANIZATION. (a) The commission
18-22 by rule shall adopt criteria to recognize an organization to
18-23 represent members of a segment of the racing industry, including
18-24 owners, breeders, trainers, kennel operators, or other persons
18-25 involved in the racing industry, in any interaction between the
18-26 members of the organization and a racetrack facility or the
18-27 commission.
19-1 (b) The commission may recognize an organization that meets
19-2 the requirements of Subsection (a) of this section.
19-3 Sec. 3.14. DISCIPLINARY ACTIONS. The commission shall
19-4 revoke, suspend, or refuse to renew a license, place on probation a
19-5 person whose license has been suspended, or reprimand a licensee
19-6 for a violation of this Act or a rule of the commission. If a
19-7 license suspension is probated, the commission may require the
19-8 licensee to report regularly to the commission on matters that are
19-9 the basis of the probation.
19-10 Sec. 3.15. HEARING REQUIREMENTS. If the commission proposes
19-11 to suspend, revoke, or refuse to renew a person's license, the
19-12 person is entitled to a hearing conducted by the State Office of
19-13 Administrative Hearings. Proceedings for a disciplinary action,
19-14 other than those conducted by racing stewards or judges, are
19-15 governed by the administrative procedure law, Chapter 2001,
19-16 Government Code. Rules of practice adopted by the commission under
19-17 Section 2001.004, Government Code, applicable to the proceedings
19-18 for a disciplinary action, other than those conducted by racing
19-19 stewards or judges, may not conflict with rules adopted by the
19-20 State Office of Administrative Hearings.
19-21 Sec. 3.16. RULES RELATING TO UNLAWFUL INFLUENCES ON RACING.
19-22 (a) The commission shall adopt rules prohibiting a person from
19-23 unlawfully influencing or affecting the outcome of a race,
19-24 including rules relating to the use of a prohibited device or
19-25 prohibited substance.
19-26 (b) The commission may require prerace testing and shall
19-27 require postrace testing to determine whether a prohibited
20-1 substance has been used. The testing may be by an invasive or
20-2 noninvasive method. The commission's rules shall require
20-3 state-of-the-art testing methods.
20-4 (c) Following the discovery of a prohibited device or a
20-5 return of a test showing the presence of a prohibited substance, a
20-6 steward or judge may summarily suspend a person who has used or
20-7 administered the prohibited device or prohibited substance until a
20-8 hearing before the stewards and judges. The steward or judge may
20-9 also disqualify an animal as provided by a commission rule adopted
20-10 under this section.
20-11 (d) A person may appeal a ruling of the stewards or judges
20-12 to the commission. The commission may stay a summary suspension
20-13 during the period the matter is before the commission.
20-14 (e) The commission may require urine samples to be frozen
20-15 for a period necessary to allow any follow-up testing to detect and
20-16 identify a prohibited substance. Any other specimen shall be
20-17 maintained for testing purposes in a manner required by commission
20-18 rule.
20-19 (f) If a test sample or specimen shows the presence of a
20-20 prohibited substance, the entire sample, including any split
20-21 portion, shall be maintained until final disposition of the matter.
20-22 (g) A licensee whose animal test shows the presence of a
20-23 prohibited substance is entitled to have a split portion of the
20-24 test sample or specimen tested at a testing facility authorized to
20-25 perform drug testing under this Act and selected by the licensee.
20-26 The commission shall adopt rules relating to split testing
20-27 procedures.
21-1 (h) The licensed trainer of an animal is:
21-2 (1) considered by law to be the absolute ensurer that
21-3 no prohibited substance has been administered to the animal; and
21-4 (2) responsible for ensuring that no prohibited
21-5 substance is administered to the animal.
21-6 (i) The commission shall adopt rules relating to the drug
21-7 testing of licensees.
21-8 (j) A person who violates a rule adopted under this section
21-9 may:
21-10 (1) have any license issued to the person by the
21-11 commission revoked or suspended; or
21-12 (2) be barred for life or any other period from
21-13 applying for or receiving a license issued by the commission or
21-14 entering any portion of a racetrack facility.
21-15 SECTION 15. Section 5.01(a), Texas Racing Act (Article 179e,
21-16 Vernon's Texas Civil Statutes), is amended to read as follows:
21-17 (a) The commission shall prescribe forms for applications
21-18 for licenses and shall provide each occupational licensee with a
21-19 license certificate or credentials.
21-20 SECTION 16. Sections 5.03(a) and (b), Texas Racing Act
21-21 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
21-22 as follows:
21-23 (a) An applicant for any license under this Act must, except
21-24 as allowed under Section 7.10 of this Act, submit to the commission
21-25 a complete set of fingerprints of the individual natural person
21-26 applying for the license or, if the applicant is not an individual
21-27 natural person, a complete set of fingerprints of each officer or
22-1 director and of each person owning an interest of at least five
22-2 percent in the applicant. The Department of Public Safety may
22-3 request any person owning any interest in an applicant for a
22-4 racetrack license to submit a complete set of fingerprints.
22-5 (b) If a complete set of fingerprints is required by the
22-6 commission, the [The] commission shall, not later than the next day
22-7 after receiving the prints, forward the prints to the Department of
22-8 Public Safety or the Federal Bureau of Investigation. If the
22-9 prints are forwarded to the Department of Public Safety, the [The]
22-10 department shall classify the prints and check them against its
22-11 fingerprint files and shall report to the commission its findings
22-12 concerning the criminal record of the applicant or the lack of such
22-13 a record. A racetrack license may not be issued until the report
22-14 is made to the commission. A temporary occupational license may be
22-15 issued before a report is made to the commission.
22-16 SECTION 17. Article 5, Texas Racing Act (Article 179e,
22-17 Vernon's Texas Civil Statutes), is amended by adding Section 5.05
22-18 to read as follows:
22-19 Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The
22-20 commission shall, in determining the amount of a license fee, set
22-21 the fee in an amount that will cover, at least, the cost of
22-22 conducting a criminal history check on the applicant for a license.
22-23 (b) The commission shall reimburse the Department of Public
22-24 Safety for the cost of conducting a criminal history check under
22-25 this article.
22-26 SECTION 18. Section 6.01, Texas Racing Act (Article 179e,
22-27 Vernon's Texas Civil Statutes), is amended to read as follows:
23-1 Sec. 6.01. License required. A person shall not conduct
23-2 wagering on a greyhound race [meeting] or a horse race meeting
23-3 without first obtaining a racetrack license from the commission
23-4 [with wagering on the results without a racetrack license]. A
23-5 person who violates this section commits an offense.
23-6 SECTION 19. Sections 6.04(a) and (d), Texas Racing Act
23-7 (Article 179e, Vernon's Texas Civil Statutes), are amended to read
23-8 as follows:
23-9 (a) The commission may issue a racetrack license to a
23-10 qualified person if it finds that the conduct of race meetings at
23-11 the proposed track and location will be in the public interest,
23-12 complies with all zoning laws, and complies with this Act and the
23-13 rules adopted by the commission and if the commission finds by
23-14 clear and convincing evidence that the applicant will comply with
23-15 all criminal laws of this state. In determining whether to grant
23-16 or deny an application for any class of racetrack license, the
23-17 commission may consider [the degree to which any of] the following
23-18 factors [regarding the applicant's racetrack or proposed race
23-19 meeting serve to nurture, promote, develop, or improve the horse or
23-20 greyhound industry in this state]:
23-21 (1) the applicant's financial stability;
23-22 (2) the applicant's resources for supplementing the
23-23 purses for races for various breeds;
23-24 (3) the location of the proposed track;
23-25 (4) the effect of the proposed track on traffic flow;
23-26 (5) facilities for patrons and occupational licensees;
23-27 (6) facilities for race animals;
24-1 (7) availability to the track of support services and
24-2 emergency services;
24-3 (8) the experience of the applicant's employees;
24-4 (9) the potential for conflict with other licensed
24-5 race meetings;
24-6 (10) the anticipated effect of the race meeting on the
24-7 greyhound or horse breeding industry in this state; and
24-8 (11) the anticipated effect of the race meeting on the
24-9 state and local economy from tourism, increased employment, and
24-10 other sources.
24-11 (d) In considering an application for a class 4 racetrack
24-12 license, the commission may waive or defer compliance with the
24-13 commission's standards regarding the physical facilities or
24-14 operations of a horse racetrack. The commission may not waive or
24-15 defer compliance with standards that relate to the testing of
24-16 horses or licensees for the presence of a prohibited drug,
24-17 chemical, or other substance [as provided by Section 14.03 of this
24-18 Act]. If the commission defers compliance, the commission shall,
24-19 when granting the application, establish a schedule under which the
24-20 licensee must comply with the standards.
24-21 SECTION 20. Sections 6.06(a), (b), (e), and (f), Texas
24-22 Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
24-23 amended to read as follows:
24-24 (a) To preserve and protect the public health, welfare, and
24-25 safety, the commission shall adopt rules relating to license
24-26 applications, [renewal applications,] the financial responsibility,
24-27 moral character, and ability of applicants, and all matters
25-1 relating to the planning, construction, and operation of
25-2 racetracks. The commission may refuse to issue a [an original or
25-3 renewal] racetrack license or may revoke or suspend a license if,
25-4 after notice and hearing, it has reasonable grounds to believe and
25-5 finds that:
25-6 (1) the applicant has been convicted in a court of
25-7 competent jurisdiction of a violation of this Act or any rule
25-8 adopted by the commission or that the applicant has aided, abetted,
25-9 or conspired with any person to commit such a violation;
25-10 (2) the applicant has been convicted of a felony or of
25-11 any crime involving moral turpitude, including convictions for
25-12 which the punishment received was a suspended sentence, probation,
25-13 or a nonadjudicated conviction, that is reasonably related to the
25-14 applicant's present fitness to hold a license under this Act;
25-15 (3) the applicant has violated or has caused to be
25-16 violated this Act or a rule of the commission in a manner that
25-17 involves moral turpitude, as distinguished from a technical
25-18 violation of this Act or of a rule;
25-19 (4) the applicant is unqualified, by experience or
25-20 otherwise, to perform the duties required of a licensee under this
25-21 Act;
25-22 (5) the applicant failed to answer or falsely or
25-23 incorrectly answered a question in an [original or renewal]
25-24 application;
25-25 (6) the applicant fails to disclose the true ownership
25-26 or interest in a greyhound or horse as required by the rules of the
25-27 commission;
26-1 (7) the applicant is indebted to the state for any
26-2 fees or for the payment of a penalty imposed by this Act or by a
26-3 rule of the commission;
26-4 (8) the applicant is not of good moral character or
26-5 the applicant's reputation as a peaceable, law-abiding citizen in
26-6 the community where the applicant resides is bad;
26-7 (9) the applicant has not yet attained the minimum age
26-8 necessary to purchase alcoholic beverages in this state;
26-9 (10) the applicant is in the habit of using alcoholic
26-10 beverages to an excess or uses a controlled substance as defined in
26-11 Chapter 481, Health and Safety Code, or a dangerous drug as defined
26-12 in Chapter 483, Health and Safety Code, or is mentally
26-13 incapacitated;
26-14 (11) the applicant may be excluded from a track
26-15 enclosure under Article 13 or 14 of this Act;
26-16 (12) the applicant has not been a United States
26-17 citizen residing in this state for the period of 10 consecutive
26-18 years immediately preceding the filing of the application;
26-19 (13) the applicant has improperly used a license
26-20 certificate, credential, or identification card issued under this
26-21 Act;
26-22 (14) the applicant is residentially domiciled with a
26-23 person whose license has been revoked for cause within the 12
26-24 months immediately preceding the date of the present application;
26-25 (15) the applicant has failed or refused to furnish a
26-26 true copy of the application to the commission's district office in
26-27 the district in which the premises for which the permit is sought
27-1 are located; [or]
27-2 (16) the applicant is engaged or has engaged in
27-3 activities or practices that the commission finds are detrimental
27-4 to the best interests of the public and the sport of greyhound
27-5 racing or horse racing; or
27-6 (17) the applicant fails to fully disclose the true
27-7 owners of all interests, beneficial or otherwise, in a proposed
27-8 racetrack facility.
27-9 (b) Subsection (a) of this section applies to a corporation,
27-10 partnership, limited partnership, or any other organization or
27-11 group whose application is comprised of more than one person if a
27-12 shareholder, partner, limited partner [if any], director, or
27-13 officer is disqualified under Subsection (a) of this section.
27-14 (e) The [appropriate section of the] commission may
27-15 condition the issuance of a license under this article on the
27-16 observance of its rules. The commission may amend the rules at any
27-17 time and may condition the continued holding of the license on
27-18 compliance with the rules as amended.
27-19 (f) The [appropriate section of the] commission may refuse
27-20 to issue a license or may suspend or revoke a license of a licensee
27-21 under this article who knowingly or intentionally allows access to
27-22 an enclosure where greyhound races or horse races are conducted to
27-23 a person who has engaged in bookmaking, touting, or illegal
27-24 wagering, whose income is from illegal activities or enterprises,
27-25 or who has been convicted of a violation of this Act.
27-26 SECTION 21. Article 6, Texas Racing Act (Article 179e,
27-27 Vernon's Texas Civil Statutes), is amended by adding Sections 6.061
28-1 and 6.062 to read as follows:
28-2 Sec. 6.061. REGULATION OF INAPPROPRIATE OR UNSAFE
28-3 CONDITIONS. (a) The commission shall adopt rules implementing
28-4 this section, including rules:
28-5 (1) requiring the report of and correction of:
28-6 (A) an inappropriate condition on the premises
28-7 of a racetrack facility, including a failure to properly maintain
28-8 the facility, that interferes with the administration of this Act;
28-9 or
28-10 (B) a condition on the premises of a racetrack
28-11 facility that makes the facility unsafe for a race participant,
28-12 patron, or animal; and
28-13 (2) determining the methods and manner in which the
28-14 executive secretary may determine and remedy inappropriate
28-15 conditions or unsafe facilities on the premises of a racetrack
28-16 facility, including the methods and manner in which the executive
28-17 secretary may conduct inspections of the racetrack facility and
28-18 remedy emergency situations.
28-19 (b) The executive secretary shall issue a notice of
28-20 violation to a racetrack facility on a finding that an
28-21 inappropriate or unsafe condition exists.
28-22 (c) If the executive secretary determines that an
28-23 inappropriate or unsafe condition exists at the racetrack facility,
28-24 the executive secretary shall order the racetrack facility to take
28-25 action within a specified period to remedy the inappropriate
28-26 condition or unsafe condition. In determining the period for
28-27 compliance, the executive secretary shall consider the nature and
29-1 severity of the problem and the threat to the health, safety, and
29-2 welfare of the race participants, patrons, or animals.
29-3 (d) The commission shall adopt rules requiring the reporting
29-4 of any corrective action taken by a racetrack facility in response
29-5 to an order of the executive secretary under Subsection (c) of this
29-6 section.
29-7 (e) If a racetrack facility fails to take any action as
29-8 required under Subsection (c) of this section, the executive
29-9 secretary shall initiate an enforcement action against the
29-10 racetrack facility. The executive secretary may rescind any live
29-11 or simulcast race date of any racetrack association that does not
29-12 take corrective action within the period set by the executive
29-13 secretary.
29-14 (f) The commission shall adopt rules relating to the
29-15 commission's review of an action taken under this section by the
29-16 executive secretary. A review procedure adopted under this
29-17 subsection must be consistent with Chapter 2001, Government Code.
29-18 Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The
29-19 commission shall adopt a method of supervising and approving the
29-20 construction, renovation, or maintenance of any building or
29-21 improvement on the premises of a racetrack facility.
29-22 (b) The commission shall adopt rules relating to:
29-23 (1) the approval of plans and specifications;
29-24 (2) the contents of plans and specifications;
29-25 (3) the maintenance of records to ensure compliance
29-26 with approved plans and specifications;
29-27 (4) the content and filing of construction progress
30-1 reports by the racetrack facility to the commission;
30-2 (5) the inspection by the commission or others;
30-3 (6) the method for making a change or amendment to an
30-4 approved plan or specification; and
30-5 (7) any other method of supervision or oversight
30-6 necessary.
30-7 (c) If the commission has grounds to believe that an
30-8 association has failed to comply with the requirements of this
30-9 section, a representative of the association shall appear before
30-10 the commission to consider the issue of compliance with the rules
30-11 adopted under this section.
30-12 (d) Before a building or improvement may be used by the
30-13 association, the commission shall determine whether the
30-14 construction, renovation, or maintenance of the building or
30-15 improvement was completed in accordance with the approved plans and
30-16 specifications and whether other requirements of the commission
30-17 were met.
30-18 (e) If the commission determines that the association failed
30-19 to comply with a requirement of this section or rule adopted under
30-20 this section, the commission shall initiate an enforcement action
30-21 against the association. In addition to any other authorized
30-22 enforcement action, the commission may rescind any live or
30-23 simulcast race date of any association that has failed to comply
30-24 with the requirement of this section.
30-25 SECTION 22. Section 6.08(l), Texas Racing Act (Article 179e,
30-26 Vernon's Texas Civil Statutes), is amended to read as follows:
30-27 (l) An association may not make a deduction or withhold any
31-1 percentage of a purse from the account into which the purse paid to
31-2 a horse owner is deposited for membership payments, dues,
31-3 assessments, or any other payments to any [an] organization except
31-4 an organization of the horse owner's choice recognized by the
31-5 commission as an official representative of the horsemen licensed
31-6 by the commission.
31-7 SECTION 23. Article 6, Texas Racing Act (Article 179e,
31-8 Vernon's Texas Civil Statutes), is amended by adding Section 6.092
31-9 to read as follows:
31-10 Sec. 6.092. OVERSIGHT OF USE OF FUNDS GENERATED BY
31-11 PARI-MUTUEL RACING. (a) The commission shall adopt reporting,
31-12 monitoring, and auditing requirements or other appropriate
31-13 performance measures for any funds distributed to or used by or any
31-14 function or service provided by the expenditure of any funds
31-15 distributed to or used by any organization that receives funds
31-16 generated by live or simulcast pari-mutuel racing.
31-17 (b) The commission shall adopt the requirements or
31-18 performance measures after consultation with the affected
31-19 organization. In adopting the rules, the commission shall give
31-20 consideration to the concerns of the affected organization.
31-21 (c) An organization receiving funds generated by live or
31-22 simulcast pari-mutuel racing shall annually file with the
31-23 commission a copy of an audit report prepared by an independent
31-24 certified public accountant. The audit shall include a
31-25 verification of any performance report sent to or required by the
31-26 commission.
31-27 (d) The commission may review any records or books of an
32-1 organization that submits an independent audit to the commission as
32-2 the commission determines necessary to confirm or further
32-3 investigate the findings of an audit or report.
32-4 (e) The commission by rule may suspend or withhold funds
32-5 from an organization that:
32-6 (1) it determines has failed to comply with the
32-7 requirements or performance measures adopted under Subsection (a)
32-8 of this section; or
32-9 (2) has, following an independent audit or other
32-10 report to the commission, material questions raised on the use of
32-11 funds by the organization.
32-12 SECTION 24. Section 7.01, Texas Racing Act (Article 179e,
32-13 Vernon's Texas Civil Statutes), is amended to read as follows:
32-14 Sec. 7.01. License required. A person shall not participate
32-15 in racing with pari-mutuel wagering [as regulated by this Act]
32-16 without first obtaining a license from the commission. [A person
32-17 who violates this section commits an offense.]
32-18 SECTION 25. Section 7.02, Texas Racing Act (Article 179e,
32-19 Vernon's Texas Civil Statutes), is amended by amending Subsection
32-20 (a) and adding Subsections (c) and (d) to read as follows:
32-21 (a) Each person, other than a spectator or person placing a
32-22 wager, involved in any capacity with racing with pari-mutuel
32-23 wagering under[, other than as a spectator, as regulated by] this
32-24 Act[,] must obtain a license under this article. [A person who
32-25 violates this subsection commits an offense.]
32-26 (c) If an examination is required for the issuance of a
32-27 license under this article, not later than the 30th day after the
33-1 date on which a licensing examination is administered under this
33-2 Act, the commission shall notify each examinee of the results of
33-3 the examination.
33-4 (d) If requested in writing by a person who fails a
33-5 licensing examination administered under this Act, the commission
33-6 shall furnish the person with an analysis of the person's
33-7 performance on the examination.
33-8 SECTION 26. Section 7.04, Texas Racing Act (Article 179e,
33-9 Vernon's Texas Civil Statutes), is amended to read as follows:
33-10 Sec. 7.04. Licenses; grounds for denial, revocation, and
33-11 suspension. The commission, after notice and hearing, may refuse
33-12 to issue any original or renewal license under this article or may
33-13 revoke or suspend the license if it has reasonable grounds to
33-14 believe and finds that:
33-15 (1) the applicant has been convicted in a court of
33-16 competent jurisdiction of a violation of this Act or of any rule
33-17 adopted by the commission or has aided, abetted, or conspired with
33-18 any person to commit such a violation;
33-19 (2) the applicant has been convicted of a felony or of
33-20 any crime involving moral turpitude that is reasonably related to
33-21 the applicant's present fitness to hold a license under this Act;
33-22 (3) the applicant has violated or has caused to be
33-23 violated this Act or a rule of the commission in a manner that
33-24 involves moral turpitude, as distinguished from a technical
33-25 violation of this Act or of a rule;
33-26 (4) the applicant is unqualified, by experience or
33-27 otherwise, to perform the duties required of a licensee under this
34-1 Act;
34-2 (5) the applicant failed to answer or has falsely or
34-3 incorrectly answered a question in an original or renewal
34-4 application;
34-5 (6) the applicant fails to disclose the true ownership
34-6 or interest in a greyhound or horse as required by the rules of the
34-7 commission;
34-8 (7) the applicant is indebted to the state for any
34-9 fees or for the payment of a penalty imposed by this Act or by a
34-10 rule of the commission;
34-11 (8) the applicant is not of good moral character or
34-12 the applicant's reputation as a peaceable, law-abiding citizen in
34-13 the community where the applicant resides is bad;
34-14 (9) the applicant is in the habit of using alcoholic
34-15 beverages to an excess or uses a controlled substance as defined in
34-16 Chapter 481, Health and Safety Code, or a dangerous drug as defined
34-17 in Chapter 483, Health and Safety Code, or is mentally
34-18 incapacitated;
34-19 (10) the applicant may be excluded from a track
34-20 enclosure under Article 13 or 14 of this Act;
34-21 (11) the commission determines that the applicant has
34-22 improperly used a temporary pass, license certificate, credential,
34-23 or identification card issued under this Act;
34-24 (12) the applicant is residentially domiciled with a
34-25 person whose license has been revoked for cause within the 12
34-26 months immediately preceding the date of the present application;
34-27 (13) the applicant has failed or refused to furnish a
35-1 true copy of the application to the commission's district office in
35-2 the district in which the premises for which the permit is sought
35-3 are located; or
35-4 (14) the applicant is engaged or has engaged in
35-5 activities or practices that are detrimental to the best interests
35-6 of the public and the sport of horse racing or greyhound racing.
35-7 SECTION 27. Section 7.05, Texas Racing Act (Article 179e,
35-8 Vernon's Texas Civil Statutes), is amended to read as follows:
35-9 Sec. 7.05. License fees. (a) The commission shall adopt by
35-10 rule a fee schedule for licenses issued under this article.
35-11 (b) The commission shall base the license fees on the
35-12 relative or comparative incomes or property interests of the
35-13 various categories of licensees, with the lower income category of
35-14 licensees being charged nearer the minimum fee and the higher
35-15 income category of licensees charged nearer the maximum fee.
35-16 (c) In setting the fee schedule under Subsection (a) of this
35-17 section, the commission shall include the cost of criminal history
35-18 checks determined under Section 5.05 of this Act. The commission
35-19 may determine the best method for recouping this cost and complying
35-20 with the other provisions of this section, including collecting the
35-21 costs over an extended period.
35-22 SECTION 28. Section 7.07, Texas Racing Act (Article 179e,
35-23 Vernon's Texas Civil Statutes), is amended to read as follows:
35-24 Sec. 7.07. Term of license. (a) A license issued under
35-25 this article is valid for a period set by the commission not to
35-26 exceed 36 months following the date of its issuance. It is
35-27 renewable on application and payment of the fee in accordance with
36-1 the rules of the commission.
36-2 (b) The commission by rule may adopt a system under which
36-3 licenses expire on various dates during the year. For the year in
36-4 which the license expiration date is changed, license fees shall be
36-5 prorated on a monthly basis so that each licensee pays only that
36-6 portion of the license fee that is allocable to the number of
36-7 months during which the license is valid. On renewal of the
36-8 license on the new expiration date, the total license renewal fee
36-9 is payable.
36-10 SECTION 29. Article 7, Texas Racing Act (Article 179e,
36-11 Vernon's Texas Civil Statutes), is amended by adding Section 7.10
36-12 to read as follows:
36-13 Sec. 7.10. RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.
36-14 (a) The commission may waive any prerequisite to obtaining a
36-15 license for an applicant, including any requirement to submit a set
36-16 of fingerprints, after reviewing the applicant's credentials and
36-17 determining that the applicant holds a valid license from another
36-18 state that has license requirements substantially equivalent to
36-19 those of this state.
36-20 (b) The commission may waive any prerequisite to obtaining a
36-21 license, including any requirement to submit a set of fingerprints,
36-22 for an applicant with a valid license from another state with which
36-23 the State of Texas has a reciprocity agreement. The commission may
36-24 enter into reciprocal agreements with other states to allow for
36-25 licensing by reciprocity.
36-26 SECTION 30. Section 9.01, Texas Racing Act (Article 179e,
36-27 Vernon's Texas Civil Statutes), is amended to read as follows:
37-1 Sec. 9.01. Texas-bred horses. Subject to this Act and any
37-2 rule of the commission, the [The] state horse breed registries
37-3 shall make reasonable rules to establish the qualifications of
37-4 accredited Texas-bred horses to promote, develop, and improve the
37-5 breeding of horses in this state. Rules adopted by a registry are
37-6 subject to commission approval.
37-7 SECTION 31. Section 10.04, Texas Racing Act (Article 179e,
37-8 Vernon's Texas Civil Statutes), is amended to read as follows:
37-9 Sec. 10.04. Texas-bred greyhounds. Subject to this Act or
37-10 any rule of the commission, the [The] state greyhound breed
37-11 registry shall make reasonable rules to establish the
37-12 qualifications of accredited Texas-bred greyhounds to promote,
37-13 develop, and improve the breeding of greyhounds in this state.
37-14 Rules adopted by the registry are subject to commission approval.
37-15 SECTION 32. Section 11.06, Texas Racing Act (Article 179e,
37-16 Vernon's Texas Civil Statutes), is amended to read as follows:
37-17 Sec. 11.06. Minors. [(a)] The commission shall adopt rules
37-18 to prohibit wagering by a minor [prevent wagering by persons who
37-19 have not yet attained the minimum age required to purchase
37-20 alcoholic beverages in this state] and to prohibit [prevent] a
37-21 child [person under 16 years of age] from entering the viewing
37-22 section of a racetrack unless accompanied by the child's [person's]
37-23 parent or guardian. The rules may except any conduct described as
37-24 an affirmative defense by Section 14.13 of this Act [A person who
37-25 intentionally, knowingly, recklessly, or with criminal negligence
37-26 violates a rule adopted under this section commits an offense. An
37-27 offense under this section is a Class B misdemeanor].
38-1 [(b) A person commits an offense if the person intentionally
38-2 or knowingly engages in gaming at a racetrack when the person has
38-3 not yet attained the minimum age required to purchase alcoholic
38-4 beverages in this state. An offense under this subsection is a
38-5 Class C misdemeanor.]
38-6 SECTION 33. Section 11.08, Texas Racing Act (Article 179e,
38-7 Vernon's Texas Civil Statutes), is amended to read as follows:
38-8 Sec. 11.08. Money not claimed. Not later than the 61st day
38-9 after the closing day of a race meeting, an association shall pay
38-10 to the commission all distributable money [in a pari-mutuel pool]
38-11 that is subject to payment [to a claimant] under Section 11.07 of
38-12 this Act but that is not successfully claimed and that is not spent
38-13 on drug testing under the provisions of this Act.
38-14 SECTION 34. Section 11.09, Texas Racing Act (Article 179e,
38-15 Vernon's Texas Civil Statutes), is amended to read as follows:
38-16 Sec. 11.09. No liability to prosecution. The defense to
38-17 prosecution under Chapter 47, Penal Code, that the conduct was
38-18 authorized under this Act is available only to a person who is:
38-19 (1) [A person] lawfully conducting or participating in
38-20 the conduct of pari-mutuel wagering in connection with horse racing
38-21 or greyhound racing; or
38-22 (2) permitting the lawful conduct of an activity
38-23 described by Subdivision (1) of this section on any racetrack
38-24 facility [on any premises owned or leased by him or it under any
38-25 license lawfully issued under this Act is not liable to prosecution
38-26 for that conduct].
38-27 SECTION 35. Section 13.03, Texas Racing Act (Article 179e,
39-1 Vernon's Texas Civil Statutes), is amended to read as follows:
39-2 Sec. 13.03. CRIMINAL TRESPASS [Entry after ejection].
39-3 [(a)] A person, for the purposes of Section 30.05, Penal Code, is
39-4 presumed to have received notice that entry to an enclosure was
39-5 forbidden if the person:
39-6 (1) was excluded or ejected from the enclosure under
39-7 this Act;
39-8 (2) possessed, displayed, or used in the enclosure a
39-9 credential that the person was not authorized to use; or
39-10 (3) entered the enclosure using a falsified
39-11 credential. [who has been excluded or ejected from an enclosure
39-12 under this article commits an offense if the person knowingly
39-13 enters an enclosure of the same or another licensed racetrack
39-14 unless the commission or a final judgment of a court has ordered
39-15 that the rule does not apply to the person.]
39-16 [(b) An offense under this section is a Class A misdemeanor.]
39-17 [(c) The provisions of Section 7.22, Penal Code, imposing
39-18 criminal responsibility on a corporation or association for an
39-19 offense committed by its agent apply to conduct constituting an
39-20 offense under this section that is performed by an agent of a
39-21 corporation or association.]
39-22 SECTION 36. Article 14, Texas Racing Act (Article 179e,
39-23 Vernon's Texas Civil Statutes), is amended to read as follows:
39-24 ARTICLE 14. CRIMINAL [TOUTING AND OTHER] OFFENSES
39-25 Sec. 14.01. Touting. (a) A person commits an offense if,
39-26 with an intent to deceive and an intent to obtain a benefit
39-27 [knowing the information is false], the person knowingly makes a
40-1 false statement [or intentionally conveys] or offers, agrees to
40-2 convey, or conveys false information about a greyhound race or
40-3 horse race to another [others for compensation].
40-4 (b) Except as provided by Subsection (c) of this section, an
40-5 offense under this section is a Class A misdemeanor [felony of the
40-6 third degree].
40-7 (c) An offense under this section is a state jail felony [of
40-8 the second degree] if:
40-9 (1) the actor is a licensee under this Act or an
40-10 employee or member of the commission and the actor knowingly
40-11 represents that a member [an official] or employee of the
40-12 commission or a [of an association or an owner, trainer, jockey, or
40-13 other] person licensed by the commission is the source of the false
40-14 information; or
40-15 (2) the false statement or information was contained
40-16 in racing selection information provided to the public. [the actor
40-17 previously has been finally convicted of an offense under this
40-18 section or has been convicted of a felony for which the punishment
40-19 received was a suspended sentence, probation, or a nonadjudicated
40-20 conviction which has not yet been fully served.]
40-21 [(d) The provisions of Section 7.22, Penal Code, imposing
40-22 criminal responsibility on a corporation or association for an
40-23 offense committed by its agent apply to conduct constituting an
40-24 offense under this section that is performed by an agent of a
40-25 corporation or association.]
40-26 Sec. 14.02. Unlawful Possession or use of credential.
40-27 (a) A person commits an offense if the person knowingly or
41-1 intentionally possesses or displays a [license or] credential or
41-2 false credential that identifies [has been issued or purports to
41-3 have been issued by the commission and represents that] the person
41-4 as [is] the holder of the [license or] credential and [when] the
41-5 person knows:
41-6 (1) that the [license or] credential is not issued to
41-7 the person; or
41-8 (2) the person is not a licensee [if the person
41-9 impersonates in any way a person holding a license or credential
41-10 issued by the commission].
41-11 (b) An offense under this section is a Class C misdemeanor
41-12 [felony of the third degree].
41-13 [(c) The provisions of Section 7.22, Penal Code, imposing
41-14 criminal responsibility on a corporation or association for an
41-15 offense committed by its agent apply to conduct constituting an
41-16 offense under this section that is performed by an agent of a
41-17 corporation or association.]
41-18 [Sec. 14.03. ILLEGAL INFLUENCE OF RACE OUTCOME. (a) The
41-19 commission shall adopt rules prohibiting the illegal influencing of
41-20 the outcome of a race, including but not limited to the use of
41-21 medication, stimulants, or depressants to attempt to or to
41-22 influence illegally the outcome of a race.]
41-23 [(b) The commission may require prerace testing by any
41-24 invasive or noninvasive method or methods to determine whether such
41-25 a drug, chemical, or other substance has been administered. The
41-26 commission shall require postrace testing by such method or
41-27 methods. The commission shall adopt rules that require all such
42-1 tests to be conducted using state-of-the-art methods. On any
42-2 positive test showing the presence of prohibited drugs, chemicals,
42-3 or other substances, the stewards or racing judges may summarily
42-4 suspend any person who has administered or applied the drug,
42-5 chemical, or other substance or any electric device or spur pending
42-6 hearing by the stewards or judges with the right of appeal to the
42-7 commission. Such a suspension may be stayed, in the discretion of
42-8 the commission only, during the pendency of such appeal. In
42-9 addition, the stewards or racing judges may disqualify the affected
42-10 animal pursuant to rules adopted by the commission under this
42-11 section. The commission may require that urine samples be frozen
42-12 and maintained for a period that will enable veterinarians and
42-13 chemists to conduct follow-up tests to detect and identify
42-14 prohibited drugs. All other specimens shall be maintained for
42-15 testing purposes in the manner prescribed by the commission. In the
42-16 event a sample tests positive for a drug, chemical, or other
42-17 substance, all samples, including the split portion, shall be
42-18 maintained until the matter is finally adjudicated. A licensee
42-19 whose animal has tested positive for a drug, chemical, or other
42-20 substance is entitled to have a split portion of the sample tested
42-21 at a testing facility authorized to perform drug testing under
42-22 Section 3.07 of this Act and selected by the licensee. The
42-23 commission shall adopt rules regarding the procedure for the split
42-24 testing.]
42-25 [(c) The official licensed trainer of each such animal is
42-26 deemed by law to be the absolute insurer that no prohibited drug,
42-27 chemical, or other substance has been administered and shall be
43-1 responsible to see that such a drug, chemical, or other substance
43-2 is not administered.]
43-3 [(d) By applying for a license under this Act, each
43-4 occupational licensee consents to both prerace and postrace search
43-5 for the purpose of determining the presence of such a drug,
43-6 chemical, or other substance or of any electrical device or other
43-7 device that might have the effect of unnaturally depressing,
43-8 stimulating, or exciting any animal during a race. The commission
43-9 shall adopt rules relating to drug testing for occupational
43-10 licensees.]
43-11 [(e) A person who knowingly violates a rule adopted under
43-12 this section may be barred, either for a period set by the
43-13 commission or for life, from receiving any license under this Act
43-14 or may be barred for a period set by the commission or for life
43-15 from any premises licensed under this Act, or both.]
43-16 [(f) A person who knowingly violates a rule adopted under
43-17 this section commits a felony of the third degree for the first
43-18 offense and a felony of the second degree for a second or
43-19 subsequent offense.]
43-20 [(g) A person who gives, offers or promises to give, or
43-21 attempts to give or offer any money, bribe, or thing of value to
43-22 any jockey, trainer, owner, groom, or other person associated with
43-23 or interested in any stable, kennel, horse, or dog, or race in
43-24 which any horse or dog participates, with the intention or
43-25 understanding or agreement that such individual shall not use his
43-26 best efforts to win such race, or shall so conduct himself in such
43-27 race that any other participant shall thereby be assisted or
44-1 enabled to win such race, or shall so conduct himself in such race
44-2 as to limit his finishing or placing in such race commits an
44-3 offense. Such an offense is a felony of the third degree.]
44-4 [(h) A person who accepts, attempts to accept, offers to
44-5 accept, or agrees to accept any money, bribe, or thing of value,
44-6 with the intention or understanding or agreement that he will not
44-7 use his best efforts to win any horse or dog race, in which he is
44-8 the jockey, trainer, groom, owner, or other interested party or is
44-9 about to participate in, or will so conduct himself in such race
44-10 that any other horse or dog shall thereby be assisted or enabled to
44-11 win such race, or will so conduct himself in such race as to limit
44-12 his finishing or placing in such race commits an offense. Such an
44-13 offense is a felony of the third degree.]
44-14 [(i) A person who gives, offers to give, promises to give,
44-15 or attempts to give any money, bribe, or thing of value to any
44-16 person who is presiding or officiating at or who is about to
44-17 preside or officiate at any dog or horse race with the intention or
44-18 agreement or understanding that such person shall corruptly or
44-19 dishonestly preside or officiate at any such race with the
44-20 intention or purpose that the result of the race will be affected
44-21 or influenced thereby commits an offense. Such an offense is a
44-22 felony of the third degree.]
44-23 Sec. 14.04. Illegal access. (a) A person commits an
44-24 offense if the person is a licensee and the person [licensee who]
44-25 knowingly or intentionally permits, facilitates, or allows access,
44-26 to an enclosure where races are conducted, to another [a] person
44-27 who the person knows:
45-1 (1) has engaged in bookmaking, touting, or illegal
45-2 wagering;
45-3 (2) derives[, whose] income [is] from illegal
45-4 activities or enterprises;
45-5 (3) [, or who] has been convicted of a violation of
45-6 this Act; or
45-7 (4) is excluded by the commission from entering a
45-8 racetrack facility[, commits an offense].
45-9 (b) An offense under this section is a Class B misdemeanor
45-10 [felony of the third degree].
45-11 Sec. 14.05. RACES CONDUCTED ON CERTAIN INDIAN LANDS. (a) A
45-12 person who is subject to this section commits an offense if the
45-13 person intentionally or knowingly wagers on the result of a
45-14 greyhound race or horse race conducted in this state that:
45-15 (1) is held on an American Indian reservation or on
45-16 American Indian trust land located in this state; and
45-17 (2) is not held under the supervision of the
45-18 commission under rules adopted under this Act.
45-19 (b) An offense under this section is a felony of the third
45-20 degree.
45-21 (c) It is an exception to the application of this section
45-22 that the person is a member of a recognized Texas Indian tribe who
45-23 lives on a reservation or on trust lands located in this state.
45-24 Sec. 14.06. False statements. (a) A person commits an
45-25 offense if the person [intentionally,] knowingly[, recklessly, or
45-26 with criminal negligence] makes a material and false, incorrect, or
45-27 deceptive statement to another who is conducting an investigation
46-1 or exercising discretion under this Act or a rule adopted under
46-2 this Act.
46-3 (b) In this section, the [The] term "statement" means a
46-4 representation of fact and includes[, but is not limited to]:
46-5 (1) a written or oral statement [statements]; or
46-6 (2) a sworn or unsworn statement [statements].
46-7 (c) An offense under this section is a state jail felony
46-8 unless the statement was material in a commission action relating
46-9 to a racetrack license, in which event, the offense is a felony of
46-10 the third degree.
46-11 Sec. 14.07. HINDERING OF ENTRY OR SEARCH. (a) A person
46-12 commits an offense if the person [intentionally, knowingly,
46-13 recklessly, or] with criminal negligence refuses, denies, or
46-14 hinders entry to another who is exercising or attempting to
46-15 exercise a power of entry under this Act or a commission rule.
46-16 (b) A person commits an offense if the person with criminal
46-17 negligence refuses, denies, hinders, interrupts, disrupts, impedes,
46-18 or otherwise interferes with a search by a person exercising or
46-19 attempting to exercise a power to search under this Act or a
46-20 commission rule.
46-21 (c) [(b)] An offense under this section is a Class B
46-22 misdemeanor.
46-23 Sec. 14.08. FORGING PARI-MUTUEL TICKET. (a) A person
46-24 commits an offense if the person intentionally or knowingly forges
46-25 a pari-mutuel ticket with the intent to defraud or harm another.
46-26 (b) In this section, "forge" has the meaning assigned by
46-27 Section 32.21, Penal Code.
47-1 (c) An offense under this section is a felony of the third
47-2 degree.
47-3 Sec. 14.09. IMPERSONATING A LICENSEE. (a) A person commits
47-4 an offense if the person impersonates a licensee with the intent to
47-5 induce another person to submit to the actor's purported authority
47-6 as a licensee or to rely on the actor's actions as an alleged
47-7 licensee.
47-8 (b) An offense under this section is a Class A misdemeanor.
47-9 Sec. 14.10. UNLAWFUL INFLUENCE ON RACING. (a) A person
47-10 commits an offense if the person possesses a prohibited device or
47-11 prohibited substance on a racetrack facility.
47-12 (b) An offense under Subsection (a) of this section is a
47-13 state jail felony, unless the actor possessed the device or
47-14 substance with the intent to influence or affect the outcome of a
47-15 horse or greyhound race in a manner contrary to this Act or a
47-16 commission rule, in which event it is a felony of the third degree.
47-17 (c) A person commits an offense if, with the intent to
47-18 influence or affect a horse or greyhound race in a manner contrary
47-19 to this Act or a commission rule, the person:
47-20 (1) uses or offers to use a prohibited device; or
47-21 (2) uses or offers to use a prohibited substance.
47-22 (d) An offense under Subsection (c) of this section is a
47-23 felony of the third degree.
47-24 Sec. 14.11. BRIBERY AND CORRUPT INFLUENCE. (a) A person
47-25 commits an offense if, with the intent to influence or affect the
47-26 outcome of a race in a manner contrary to this Act or a commission
47-27 rule, the person offers, confers, agrees to confer on another, or
48-1 solicits, accepts, or agrees to accept from another person any
48-2 benefit as consideration for the actions of a person who receives
48-3 the benefit relating to the conduct, decision, opinion,
48-4 recommendation, vote, or exercise of discretion as a licensee or
48-5 other person associated with or interested in any stable, kennel,
48-6 horse, greyhound, or horse or greyhound race.
48-7 (b) An offense under this section is a state jail felony,
48-8 unless the recipient of the benefit is a steward, judge, or other
48-9 racetrack official exercising authority over a horse or greyhound
48-10 race that the person providing or offering the benefit intended to
48-11 influence, in which event it is a felony of the third degree.
48-12 Sec. 14.12. CRIMINAL CONFLICT OF INTEREST. A person who is
48-13 a member of the commission commits an offense if the person:
48-14 (1) accepts, directly or indirectly, employment or
48-15 remuneration from a racetrack facility, association, or other
48-16 licensee, including a facility, association, or licensee located or
48-17 residing in another state;
48-18 (2) wagers or causes a wager to be placed on the
48-19 outcome of a horse or greyhound race conducted in this state; or
48-20 (3) accepts or is entitled to any part of a purse to
48-21 be paid to an animal in a race conducted in this state.
48-22 Sec. 14.13. OFFENSES INVOLVING A MINOR. (a) A person
48-23 commits an offense if the person with criminal negligence permits,
48-24 facilitates, or allows:
48-25 (1) wagering by a minor at a racetrack facility; or
48-26 (2) entry by a child to the viewing section of a
48-27 racetrack facility.
49-1 (b) An offense under Subsection (a) of this section is a
49-2 Class B misdemeanor.
49-3 (c) A person commits an offense if the person is a minor and
49-4 intentionally or knowingly engages in wagering at a racetrack.
49-5 (d) An offense under Subsection (c) of this section is a
49-6 Class C misdemeanor.
49-7 (e) It is an affirmative defense to prosecution of an
49-8 offense under Subsection (a)(2) that a child was accompanied by and
49-9 was in the physical presence of a parent, guardian, or spouse who
49-10 was 21 years of age or older.
49-11 (f) It is an affirmative defense to prosecution of an
49-12 offense under Subsection (a) of this section that the minor falsely
49-13 represented the minor's age by displaying to the person an
49-14 apparently valid Texas driver's license or identification card
49-15 issued by the Department of Public Safety that contains a physical
49-16 description consistent with the minor's appearance.
49-17 Sec. 14.14. UNLAWFUL RACING. A person commits an offense
49-18 if:
49-19 (1) the person participates, permits, or conducts a
49-20 greyhound or horse race at a licensed racetrack facility;
49-21 (2) the person wagers on the partial or final outcome
49-22 of the horse or greyhound race or knows or reasonably should know
49-23 that another is betting on the partial or final outcome of the
49-24 race; and
49-25 (3) the race is not part of a performance or meeting
49-26 conducted under this Act or commission rule.
49-27 Sec. 14.15. PARI-MUTUEL RACING WITHOUT LICENSE. (a) A
50-1 person commits an offense if, without a license, the person
50-2 participates or is otherwise involved in, in any capacity,
50-3 greyhound racing or horse racing with pari-mutuel wagering.
50-4 (b) It is an affirmative defense to prosecution under
50-5 Subsection (a) of this section that the actor was a spectator or a
50-6 person placing a wager.
50-7 (c) An offense under Subsection (a) of this section is a
50-8 Class A misdemeanor, unless the actor was required by this Act to
50-9 obtain a racetrack license, in which event it is a state jail
50-10 felony.
50-11 Sec. 14.16. RACING WITHOUT LICENSE. (a) A person commits an
50-12 offense if the person:
50-13 (1) conducts a greyhound or horse race without a
50-14 racetrack license; and
50-15 (2) knows or reasonably should know that another
50-16 person is betting on the final or partial outcome of the race.
50-17 (b) An offense under this section is a felony of the third
50-18 degree.
50-19 Sec. 14.17. FAILURE TO DISPLAY CREDENTIAL. (a) A person
50-20 commits an offense if the person intentionally or knowingly:
50-21 (1) fails or refuses to display a credential to
50-22 another after a lawful request; or
50-23 (2) fails or refuses to give the person's name,
50-24 residence address, or date of birth to another after a lawful
50-25 request.
50-26 (b) In this section, "lawful request" means a request from
50-27 the commission, an authorized agent of the commission, the director
51-1 or a commissioned officer of the Department of Public Safety, a
51-2 peace officer, or a steward or judge at any time and any restricted
51-3 location that:
51-4 (1) is on a racetrack facility; and
51-5 (2) is not a public place.
51-6 (c) Except as provided by Subsection (d) of this section, an
51-7 offense under this section is a Class B misdemeanor.
51-8 (d) At the punishment stage of a trial for an offense under
51-9 Subsection (a)(1) of this section the defendant may raise an issue
51-10 as to whether the defendant was a licensee at the time of the
51-11 offense. If the defendant proves the issue, the offense is a Class
51-12 C misdemeanor.
51-13 Sec. 14.18. SEARCH AND SEIZURE. (a) A person consents to a
51-14 search at a time and location described in Subsection (b) of this
51-15 section for a prohibited device, prohibited substance, or other
51-16 contraband if the person:
51-17 (1) accepts a license or other credential issued under
51-18 this Act; or
51-19 (2) enters a racetrack facility under the authority of
51-20 a license or other credential alleged to have been issued under
51-21 this Act.
51-22 (b) A search may be conducted by a commissioned officer of
51-23 the Department of Public Safety or a peace officer, including a
51-24 peace officer employed by the commission, at any time and at any
51-25 location that is on a racetrack facility, except a location:
51-26 (1) excluded by commission rule from searches under
51-27 this section; or
52-1 (2) provided by an association under commission rule
52-2 for private storage of personal items belonging to a licensee
52-3 entering a racetrack facility.
52-4 (c) A person conducting a search under Subsection (b) of
52-5 this section may seize any prohibited device, prohibited substance,
52-6 or other contraband discovered during the search.
52-7 Sec. 14.19. PROSECUTION. A person who is subject to
52-8 prosecution for a penal offense under this Act and another law may
52-9 be prosecuted under either law.
52-10 Sec. 14.20. COMMISSION AUTHORITY. This article may not be
52-11 construed to restrict the commission's administrative authority to
52-12 enforce this Act or commission rules to the fullest extent
52-13 authorized by this Act.
52-14 SECTION 37. Section 15.01, Texas Racing Act (Article 179e,
52-15 Vernon's Texas Civil Statutes), is amended to read as follows:
52-16 Sec. 15.01. GENERAL PENALTY. If [With regard to any
52-17 provision of this Act that is a penal offense, if] no specific
52-18 penalty is provided for a provision of this Act that is a penal
52-19 offense, a person who violates the [such a] provision commits a
52-20 state jail felony [of the third degree].
52-21 SECTION 38. Section 18.01(a), Texas Racing Act (Article
52-22 179e, Vernon's Texas Civil Statutes), is amended to read as
52-23 follows:
52-24 (a) The Texas Racing Commission is subject to Chapter 325,
52-25 Government Code (Texas Sunset Act). Unless continued in existence
52-26 as provided by that chapter, and except as provided by Subsections
52-27 (b) and (c) of this section, the commission is abolished and this
53-1 Act expires September 1, 2005 [1997].
53-2 SECTION 39. Section 481.172, Government Code, is amended to
53-3 read as follows:
53-4 Sec. 481.172. Duties. The department shall:
53-5 (1) promote and advertise within the United States and
53-6 in foreign countries, by radio, television, newspaper, and other
53-7 means considered appropriate, tourism in this state by non-Texans,
53-8 including persons from foreign countries, and distribute
53-9 promotional materials through appropriate agencies, including the
53-10 United States Travel and Tourism Agency;
53-11 (2) encourage travel by Texans to this state's scenic,
53-12 historical, natural, agricultural, educational, recreational, and
53-13 other attractions;
53-14 (3) coordinate and stimulate orderly and accelerated
53-15 development of tourist attractions throughout this state;
53-16 (4) conduct a public relations campaign to create a
53-17 responsible and accurate national and international image of this
53-18 state;
53-19 (5) cooperate fully with the Parks and Wildlife
53-20 Department in all matters relating to promotion of tourism;
53-21 (6) cooperate with the Texas Transportation Commission
53-22 in the administration of the commission's collateral program of
53-23 highway map distribution and operation of travel information
53-24 bureaus and other tourist-related functions of the commission;
53-25 [and]
53-26 (7) encourage communities, organizations, and
53-27 individuals in this state to cooperate with its program by their
54-1 activities and use of their own funds and collaborate with those
54-2 organizations and other governmental entities in the pursuit of the
54-3 objectives of this subchapter; and
54-4 (8) promote and encourage the horse racing and
54-5 greyhound racing industry, if funds are appropriated for the
54-6 promotion or encouragement.
54-7 SECTION 40. Sections 2.07, 3.01, 11.04(d), 15.02, and 18.02,
54-8 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
54-9 repealed.
54-10 SECTION 41. (a) This Act takes effect September 1, 1997.
54-11 (b) The changes in law made by this Act relating to the
54-12 qualifications and appointment of members to the Texas Racing
54-13 Commission do not affect the entitlement of a member of the
54-14 commission serving immediately before the effective date of this
54-15 Act to continue to serve on the commission for the term to which
54-16 the member was appointed. As the terms of members of the
54-17 commission expire or as vacancies on the commission occur, the
54-18 governor shall make appointments to the commission to achieve as
54-19 soon as possible the membership plan prescribed for the commission
54-20 by the Texas Racing Act (Article 179e, Vernon's Texas Civil
54-21 Statutes), as amended by this Act.
54-22 (c) The Texas Racing Commission shall review all of the
54-23 rules of the commission before January 1, 2002. The commission,
54-24 following the review, shall readopt, modify, or repeal the rules
54-25 before January 1, 2002. In reviewing the rules of the commission,
54-26 the commission shall, to the extent feasible, attempt to have
54-27 uniform approaches to the regulation of activities related to horse
55-1 racing and greyhound racing.
55-2 (d) The authority for rulemaking and licensing and for any
55-3 action relating exclusively to horse racing or exclusively to
55-4 greyhound racing that was granted to a separate section of the
55-5 Texas Racing Commission is transferred to the Texas Racing
55-6 Commission.
55-7 SECTION 42. (a) The changes in law made by this Act apply
55-8 only to an offense committed on or after the effective date of this
55-9 Act. For purposes of this section, an offense is committed before
55-10 the effective date of this Act if any element of the offense occurs
55-11 before the effective date.
55-12 (b) An offense committed before the effective date of this
55-13 Act is covered by the law in effect when the offense was committed,
55-14 and the former law is continued in effect for this purpose.
55-15 SECTION 43. The importance of this legislation and the
55-16 crowded condition of the calendars in both houses create an
55-17 emergency and an imperative public necessity that the
55-18 constitutional rule requiring bills to be read on three several
55-19 days in each house be suspended, and this rule is hereby suspended.