By: Barrientos S.B. No. 1319
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of boxing and wrestling.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 3, Texas Boxing and Wrestling Act
1-4 (Article 8501-1, Vernon's Texas Civil Statutes), is amended to read
1-5 as follows:
1-6 (9) "Boxing promoter" means a person to be licensed by
1-7 the commissioner who arranges, advertises, or conducts a boxing
1-8 contest, match, or exhibition, or shows or causes to be shown in
1-9 Texas a closed circuit or pay-per-view telecast of any match
1-10 involving any professional participant whether or not the telecast
1-11 originates in Texas.
1-12 (10) "Telecast" means any visual transmission sent by
1-13 any means of signal within, into, for or from this State. It
1-14 includes closed circuit television, pay per view and television
1-15 broadcast via satellite, cable or any other means.
1-16 (11) [(10)] "Wrestling promoter" means a person to be
1-17 licensed by [registered with] the commissioner [secretary of state]
1-18 who arranges, advertises, or conducts a wrestling contest, match,
1-19 or exhibition, or shows or causes to be shown in Texas a closed
1-20 circuit or pay-per-view telecast of any match involving any
1-21 professional participant whether or not the telecast originates in
2-1 Texas.
2-2 (12) [(11)] "Elimination tournament boxing promoter"
2-3 means a person licensed by the commissioner [department] who
2-4 arranges, advertises, or conducts an elimination tournament.
2-5 (13) [(12)] "Elimination tournament" means a boxing
2-6 contest in which elimination tournament contestants compete in a
2-7 series of matches until only one contestant remains in each weight
2-8 category.
2-9 (14) [(13)] "Elimination tournament contestant" means
2-10 a person who competes in an elimination tournament.
2-11 (15) [(14)] "Championship tournament" means an
2-12 international, state, regional, or national elimination tournament
2-13 that allows the winners of another elimination tournament to
2-14 compete for a championship in each weight category.
2-15 (16) [(15)] "Regional tournament" means an elimination
2-16 tournament that allows an elimination tournament contestant from
2-17 outside the immediate area where the tournament is held to compete
2-18 against local tournament contestants.
2-19 (17) [(16)] "Local tournament" means an elimination
2-20 tournament that allows only a resident of this state to compete.
2-21 (18) "Closed circuit telecast" means any telecast
2-22 which is not intended to be available for viewing without the
2-23 payment of a fee, collected for or based upon such event viewed for
2-24 the privilege of viewing the telecast. Closed circuit telecast
2-25 includes telecasts of events projected into arenas, stadiums, and
3-1 places where consumers pay to view the event.
3-2 (19) "Pay-per-view" means any telecast which is not
3-3 intended to be available for viewing without the payment of a fee,
3-4 collected for or based upon such event viewed for the privilege of
3-5 viewing the telecast. Pay-per-view events include telecasts of
3-6 events projected into individual consumer homes where consumers pay
3-7 to view the event.
3-8 (20) "Gross revenue or gross receipts" means the gross
3-9 price charged for the sale or lease of telecasting, closed circuit
3-10 or pay-per-view rights without any deduction for commissions,
3-11 brokerage fees, production fees, distribution fees, production
3-12 fees, advertising or other expenses or charges, and shall include
3-13 the face value of all tickets sold and complimentary tickets
3-14 redeemed.
3-15 (21) "Professional wrestling" means any performance of
3-16 wrestling skills and techniques by two or more professional
3-17 wrestlers, to which any admission is charged. Participating
3-18 wrestlers may not be required to use their best efforts in order to
3-19 win, the winner may have been selected before the performance
3-20 commences and contestants compete for valuable consideration. Such
3-21 contests take place in a rope-enclosed ring and are fought in timed
3-22 rounds.
3-23 (22) "Ultimate fighting, Ultimate Fighting
3-24 Championship. or extreme fighting" means any boxing or wrestling
3-25 match, contest or exhibition, between two or more contestants, with
4-1 or without protective headgear, who use their hands, without
4-2 gloves, or their feet, or both, and who compete for a financial
4-3 prize or any item of pecuniary value, and which match, contest, or
4-4 exhibition is not recognized by and not sanctioned by any
4-5 officially recognized state, regional or national boxing or
4-6 athletic sanctioning authority, or any promoter duly licensed by
4-7 the commissioner of the Texas Department of Licensing and
4-8 Regulation.
4-9 (23) "System operator" "cable operator" or "facility
4-10 operator" means any person who broadcasts or telecasts a closed
4-11 circuit telecast or pay per view event regardless of the technology
4-12 used to transmit or receive the broadcast or telecast.
4-13 (24) "Event" means any occurrence in which a boxer,
4-14 wrestler, or kick boxer displays or exhibits his skills, performs
4-15 or fights.
4-16 SECTION 2. Section 4 of the Texas Boxing Act (Article
4-17 8501-1, Vernon's Texas Civil Statutes), is amended to read as
4-18 follows:
4-19 (c) The commissioner is authorized to promulgate rules and
4-20 regulations and hold administrative hearings in accordance with the
4-21 Administrative Procedure [and Texas Register] Act (Government Code,
4-22 Chapter 2001 [(Article 6252-13a, Vernon's Texas Civil Statutes])
4-23 and Article 9100, Vernons Texas Civil Statutes. The commissioner
4-24 shall promulgate any and all reasonable rules and regulations which
4-25 may be necessary for the purpose of enforcing the provisions of the
5-1 Boxing and Wrestling Act. The commissioner is authorized to
5-2 promulgate rules and regulations governing professional kickboxing
5-3 contests or exhibitions which shall be fought on the basis of the
5-4 best efforts of the contestants. The commissioner shall have the
5-5 power and authority to revoke or suspend the license or permit of
5-6 any judge, boxer, manager, referee, timekeeper, second, or boxing
5-7 promoter for violations of any rule or regulation promulgated
5-8 pursuant to this Act or for the violation of any provision of this
5-9 Act, and may deny an application for a license when the applicant
5-10 does not possess the requisite qualifications.
5-11 [(e) In the conduct of any administrative hearing held
5-12 pursuant to this Act, the commissioner may administer oaths to
5-13 witnesses, receive evidence, and issue subpoenas and subpoenas
5-14 duces tecum to compel the attendance of witnesses and the
5-15 production of papers and documents related to matters under
5-16 investigation. Administrative hearings shall be held in conformity
5-17 with the Administrative Procedure and Texas Register Act
5-18 (Government Code, Chapter 2001 Article 6252-13a, Vernon's Texas
5-19 Civil Statutes).]
5-20 SECTION 3. Section 5 of the Texas Boxing Act (Article
5-21 8501-1, Vernon's Texas Civil Statutes) is amended to read as
5-22 follows:
5-23 [(a)] Any party to the hearing aggrieved by the decision or
5-24 order of the commissioner may secure judicial review as prescribed
5-25 by the Administrative Procedure Act, Government Code 2001,
6-1 subchapter G CONTESTED CASES: JUDICIAL REVIEW and Article 9100,
6-2 Vernons Texas Civil Statutes. Judicial review shall be by the
6-3 substantial evidence rule. [thereof in the following manner:]
6-4 [(1) The petition must be filed in a district court of
6-5 Travis County, Texas, within 30 days after the decision or order of
6-6 the commissioner becomes final.]
6-7 [(2) The filing of a petition for review shall not
6-8 itself stay the effect of the decision or order complained of, but
6-9 the commissioner or the reviewing court may order a stay upon
6-10 appropriate terms and if a stay is so granted no supersedeas bond
6-11 shall be required.]
6-12 [(3) Service of process. The petition for review shall
6-13 be served on the commissioner and upon all parties of record in any
6-14 hearing before the commissioner in respect to the matter for which
6-15 review is sought. After service of such petition upon the
6-16 commissioner and within the time permitted for filing an answer or
6-17 as soon thereafter as the record is made available to the
6-18 commissioner, the commissioner shall certify to the district court
6-19 in which such petition is filed the record of the proceedings to
6-20 which the petition refers. The cost of preparing and certifying
6-21 such record shall be paid to the commissioner by the petitioner and
6-22 taxed as part of the cost in the case, to be paid as directed by
6-23 the court upon final determination of said case.]
6-24 [(4) The review of any decision or order of the
6-25 commissioner shall be tried by the court without a jury in the same
7-1 manner as civil actions generally, but no evidence shall be
7-2 admissible which was not adduced at the hearing on the matter
7-3 before the commissioner or officially noticed in record of such
7-4 hearing.]
7-5 [(5) The burden of proof shall be on the plaintiff.
7-6 The reviewing court may affirm the action complained of or remand
7-7 the matter to the commissioner for further proceedings.]
7-8 [(6) Appeals from any final judgment may be taken by
7-9 either party in the manner provided for in civil actions generally,
7-10 but no appeal bond shall be required of the commissioner.]
7-11 SECTION 4. Section 6 of the Texas Boxing Act (Article
7-12 8501-1, Vernon's Texas Civil Statutes) is amended to read as
7-13 follows:
7-14 (a) A person who violates a provision of this Act or any
7-15 rule or regulation of the department or the commissioner commits a
7-16 Class A misdemeanor.
7-17 (b) Any person who violates any provision of this Act or the
7-18 rules and regulations of the department or the commissioner may be
7-19 assessed an administrative [a civil] penalty to be paid to the
7-20 State of Texas in an amount not to exceed $1,000 for each such
7-21 violation [as the court may deem proper].
7-22 (c) Whenever it appears that any person has violated or is
7-23 threatening to violate any of the provisions of this Act or of the
7-24 rules and regulations of the department or the commissioner, either
7-25 the attorney general or the department may cause a civil suit to be
8-1 instituted either for injunctive relief to restrain such person
8-2 from continuing the violation or threat of violation or for
8-3 assessment and recovery of the civil penalty or for both. Venue
8-4 for such suit shall be in the district courts of Travis County,
8-5 Texas.
8-6 (d) Any promoter, facility owner or operator, or system
8-7 operator who intentionally makes a false or fraudulent report
8-8 required pursuant to this act shall be guilty of a class A
8-9 misdemeanor.
8-10 (e) Any promoter, facility owner or operator or system
8-11 operator who intentionally fails to make a report of or to pay the
8-12 taxes as required by this act shall be guilty of a class A
8-13 Misdemeanor.
8-14 SECTION 5. Section 8 of the Texas Boxing Act (Article
8-15 8501-1, Vernon's Texas Civil Statutes) is amended to read as
8-16 follows:
8-17 (a) A person state may not act as a boxing or wrestling
8-18 promoter or an elimination tournament boxing promoter until the
8-19 person has been licensed by the commissioner under this Act. [A
8-20 person may not act as a wrestling promoter until the person has
8-21 registered with the secretary of.]
8-22 (b) The application for a boxing or wrestling promoter's
8-23 license shall be made upon a form furnished by the commissioner and
8-24 shall be accompanied by the license fee set by the commission. The
8-25 application for a boxing or wrestling promoter's license shall be
9-1 accompanied by a surety bond subject to the approval of the
9-2 commissioner and conditioned on the payment of the tax imposed
9-3 under Section 11 of this Act. The commissioner shall fix the sum of
9-4 the surety bond, but the sum may not be less than $300.
9-5 (c) The licensing [registration] of a wrestling promoter
9-6 shall be made on a form furnished by the Commissioner [secretary of
9-7 state] and shall be accompanied by the licensing [registration] fee
9-8 set by the Commissioner [secretary of state] in an amount
9-9 reasonably necessary to cover the administrative costs of licensing
9-10 [registration]. The licensing [registration] application shall be
9-11 accompanied by a $5,000 surety bond to be filed with the
9-12 Commissioner [secretary of state].
9-13 SECTION 6. Section 9 of the Texas Boxing Act (Article
9-14 8501-1, Vernon's Texas Civil Statutes) is amended to read as
9-15 follows:
9-16 (b) No person shall act as a professional wrestler, manager
9-17 of a professional wrestler, referee, judge, timekeeper, or
9-18 matchmaker until he has been licensed pursuant to this Act.
9-19 (c) [(b)] The application for a license shall be made upon a
9-20 form furnished by the commissioner and shall be accompanied by the
9-21 license fee.
9-22 (d) It is a violation of this Act to furnish false
9-23 information on a license application.
9-24 (e) [(c)] Revenue obtained from license fees shall be
9-25 deposited to the credit of the General Revenue Fund.
10-1 SECTION 7. Section 10 of the Texas Boxing Act (Article
10-2 8501-1, Vernon's Texas Civil Statutes) is amended to read as
10-3 follows:
10-4 (b) The commissioner is authorized to promulgate rules and
10-5 regulations setting forth reasonable qualifications for an
10-6 applicant seeking a license as a wrestler, wrestling promoter,
10-7 wrestling manager, matchmaker, judge or referee.
10-8 (c) [(b)] The commissioner may after investigation and
10-9 hearing deny an application for a license when the applicant has
10-10 failed to meet the established qualifications or has violated any
10-11 provision of this Act or any rule or regulation issued pursuant to
10-12 this Act.
10-13 (d) [(c)] The commissioner may waive any license requirement
10-14 for an applicant with a valid license from another state with which
10-15 this state has a reciprocity agreement.
10-16 SECTION 8. Section 11 of the Texas Boxing Act (Article
10-17 8501-1, Vernon's Texas Civil Statutes) is amended to read as
10-18 follows:
10-19 Sec. 11. GROSS TAX RECEIPTS OR REVENUE AND REPORTING
10-20 REQUIREMENTS. (a) LIVE CONTEST HELD IN TEXAS: Any person who
10-21 conducts a boxing or wrestling match, contest, or exhibition,
10-22 including an elimination tournament, wherein an admission fee is
10-23 charged, shall furnish to the department within 21 calendar days
10-24 (including weekends) [72 hours] after the termination of the event,
10-25 a duly verified report on a form furnished by the department
11-1 showing the number of tickets sold, prices charged, and amount of
11-2 gross receipts obtained from the event. A cashier's check or money
11-3 order made payable to the State of Texas in the amount of three
11-4 percent of the total gross receipts of the event shall be attached
11-5 to the verified report.
11-6 (b) CLOSED CIRCUIT TELECASTS: Any person who charges an
11-7 admission fee for exhibiting a simultaneous telecast of any event
11-8 regulated by this Act [live, spontaneous, or current boxing match,
11-9 contest, or exhibition] on a closed circuit telecast in Texas must
11-10 possess a [boxing] promoter's license issued pursuant to this Act
11-11 and must obtain a permit for each closed circuit telecast shown in
11-12 Texas. The gross receipts tax described in Section 11(a) e [herein
11-13 is applicable to said telecast, and the boxing] promoter shall
11-14 furnish to the department within 21 calendar days (including
11-15 weekends) [72 hours] after the event a duly verified report on a
11-16 form furnished by the department showing the number of tickets
11-17 sold, prices charged, and amount of gross receipts obtained from
11-18 the event. A cashier's check or money order made payable to the
11-19 State of Texas in the amount of the tax due shall be attached to
11-20 the verified report. This section applies to telecasts shown in
11-21 Texas regardless of the origin of the event.
11-22 (1) Under this section, the promoter shall notify the
11-23 commissioner of the names and addresses of all facilities to or
11-24 through which the closed circuit telecast will be shown fourteen
11-25 (14) days prior to the date of the closed circuit event, and shall
12-1 provide daily updates to the commissioner of any additions and
12-2 deletions of facilities.
12-3 (c) TELEVISION RIGHTS: Any person who sells television
12-4 broadcast rights of a boxing or wrestling match, contest, or
12-5 exhibition must possess a boxing or wrestling promoters license
12-6 issued pursuant to this Act. This section applies to the sale of
12-7 television rights wherein the event is not simultaneously shown in
12-8 a pay-per-view format. A three percent tax of the television
12-9 rights is applicable to such telecasts. However, such tax on
12-10 television broadcasts shall not exceed $50,000 per event. The
12-11 boxing or wrestling promoter shall furnish to the Department within
12-12 21 calendar days (including weekends) after the event is televised,
12-13 a duly verified report on a form furnished by the department which
12-14 shows the gross revenue to the promoter for television rights of
12-15 the event. This section applies only to an event held in Texas. A
12-16 cashier's check or money order made payable to the State of Texas
12-17 in the amount of the tax due shall be attached to the verified
12-18 report.
12-19 (d) PAY-PER-VIEW EVENTS: A promoter who charges or receives
12-20 a fee for having an event seen on a pay-per-view telecast that is
12-21 shown in this state, utilizing a cable television system, satellite
12-22 dish or any other means of transmitting or receiving the telecast,
12-23 shall pay three percent of the promoter's gross revenue
12-24 attributable to the individual's or entity's pay-per-view telecast
12-25 fees, exclusive of federal, state, or local tax. This tax is
13-1 applicable to the gross revenue from the telecast derived from
13-2 Texas subscribers, regardless of the origin of the event. The
13-3 promoter shall furnish to the Department within 21 calendar days
13-4 (including weekends) after the event is broadcast, a duly verified
13-5 report on a form furnished by the department which shows the number
13-6 of orders sold and the price per order derived from viewership in
13-7 Texas. A cashier's check or money order made payable to the State
13-8 of Texas in the amount of the tax due shall be attached to the
13-9 verified report.
13-10 (1) Each system operator, cable operator, or facility
13-11 operator whose facilities are utilized to telecast an event under
13-12 this Act shall, within 15 calendar days (including weekends)
13-13 following the date of the telecast, file a report with the
13-14 Commissioner stating the number of orders sold in Texas and the
13-15 price per order.
13-16 (2) If an event is sold by the number of rounds
13-17 fought, each system operator, cable operator, or facility operator
13-18 shall report to the Commissioner the price per round, the number of
13-19 orders sold in Texas and the number of rounds fought.
13-20 (3) System operators, cable operators, or facility
13-21 operators are not responsible for payment of taxes under this Act.
13-22 (e) The commissioner shall provide forms for reporting under
13-23 this section.
13-24 (f) The department may audit reports filed under this
13-25 section.
14-1 (g) [ c)] Revenue obtained from the gross receipts taxes
14-2 imposed under this section shall be deposited to the credit of the
14-3 General Revenue Fund.
14-4 [(d) The department may audit a report filed under
14-5 Subsection (a) of this section made by a person conducting an
14-6 elimination tournament under this section.]
14-7 SECTION 8. New Article 3, Section 21 of the Texas Boxing Act
14-8 (Article 8501-1, Vernon's Texas Civil Statutes) is added to read as
14-9 follows:
14-10 ARTICLE 3 PROHIBITIONS
14-11 Sec. 21. (a) Ultimate or extreme fighting is prohibited in
14-12 the State of Texas.
14-13 (b) Anyone who promotes or participates in ultimate
14-14 fighting, or anyone who serves as an agent, principal partner,
14-15 publicist, vendor, producer, referee, or contractor of or for
14-16 ultimate fighting is guilty of a class "A" misdemeanor.
14-17 (c) Any medical personnel who administers to, treats or
14-18 assists any participants of ultimate or extreme fighting shall not
14-19 be subject to the provisions of this section.
14-20 (d) No license or permit will be issued for any contests
14-21 known as "ultimate fighting" or any activities similar in nature.
14-22 For purposes of this Act, "ultimate fighting" shall mean a contest
14-23 or bout whereby any part of the contestant's body may be used as a
14-24 weapon or any means of fighting may be used with the specific
14-25 purpose to intentionally injure the other contestants in such a
15-1 manner that they may not defend themselves and in which there is no
15-2 referee. No person, partnership, organization, corporation, limited
15-3 liability company or association shall conduct, compete or
15-4 otherwise participate in any contest or bout as defined in this
15-5 section and Section 3.
15-6 SECTION 9. This Act takes effect September 1, 1997.
15-7 SECTION 10. The importance of this legislation and the
15-8 crowded condition of the calendars in both houses create an
15-9 emergency and an imperative public necessity that the
15-10 constitutional rule requiring bills to be read on three several
15-11 days in each house be suspended, and this rule is hereby suspended.