By: Armbrister S.B. No. 1314
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of horse and greyhound racing, including
1-2 the regulation of pari-mutuel wagering.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 3.07, Texas Racing Act
1-5 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
1-6 as follows:
1-7 (d) Medication or drug testing performed on a race animal
1-8 under this Act shall be conducted by the [a laboratory selected by
1-9 the commission on a yearly basis by competitive bidding submitted
1-10 to the commission for final approval. The commission's decision
1-11 shall be based on cost and integrity. The] Texas Veterinary
1-12 Medical Diagnostic Laboratory [may aid the commission in its
1-13 selection]. Medication or drug testing performed on a human under
1-14 this Act shall be conducted by a laboratory approved by the
1-15 commission. Charges for services performed under this section
1-16 shall be forwarded to the commission for approval as to the
1-17 reasonableness of the charges for the services. Charges may
1-18 include but are not limited to expenses incurred for travel,
1-19 lodging, testing, and processing of test results. The reasonable
1-20 charges associated with medication or drug testing conducted under
1-21 this Act shall be paid by the association that receives the
1-22 services. The commission shall adopt rules for the procedures for
1-23 approving and paying laboratory charges under this section. On the
1-24 approval of the charges as reasonable, in relation to industry
2-1 standards for testing charges, the commission shall forward a copy
2-2 of the charges to the association that receives the services for
2-3 immediate payment.
2-4 SECTION 2. Subsection (i), Section 6.08, Texas Racing Act
2-5 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
2-6 as follows:
2-7 (i) Ten percent of the total breakage from a live
2-8 pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to
2-9 the commission for use by the appropriate state horse breed
2-10 registry, subject to rules promulgated by the commission. The
2-11 appropriate breed registry for Thoroughbred horses is the Texas
2-12 Thoroughbred Breeders Association, for quarter horses is the Texas
2-13 Quarter Horse Association, [for Appaloosa horses is the Texas
2-14 Appaloosa Horse Club,] for Arabian horses is the Texas Arabian
2-15 Breeders Association, and for paint horses is the Texas Paint Horse
2-16 Breeders Association.
2-17 SECTION 3. Section 9.02, Texas Racing Act (Article 179e,
2-18 Vernon's Texas Civil Statutes), is amended to read as follows:
2-19 Sec. 9.02. BREED REGISTRIES. The officially designated
2-20 state horse breed registries for accredited Texas-bred horses are
2-21 the Texas Thoroughbred Breeders Association for Thoroughbred
2-22 horses, the Texas Quarter Horse Association for quarter horses,
2-23 [the Texas Appaloosa Horse Club for Appaloosa horses,] the Texas
2-24 Arabian Breeders Association for Arabian horses, and the Texas
2-25 Paint Horse Breeders Association for paint horses.
2-26 SECTION 4. Subsection (e), Section 11.011, Texas Racing Act
3-1 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
3-2 as follows:
3-3 (e) If intrastate wagering pools are combined between
3-4 tracks, each [the] track [where the race originates] is responsible
3-5 for the state's share of the money wagered at that track
3-6 [pari-mutuel pool regardless of whether a shortage or error
3-7 occurred at the originating track or receiving track].
3-8 SECTION 5. Subsection (a), Section 11.07, Texas Racing Act
3-9 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
3-10 as follows:
3-11 (a) A person who claims to be entitled to any part of a
3-12 distribution from a pari-mutuel pool, including a person holding an
3-13 uncashed pari-mutuel voucher, must, within a reasonable period
3-14 established by commission rule after the person first becomes
3-15 entitled to the money, [and who fails to claim the money due the
3-16 person before the completion of the race meeting at which the pool
3-17 was formed may, not later than the 60th day after the closing day
3-18 of the meeting,] file with the association a claim for the money
3-19 together with, as applicable:
3-20 (1) a substantial portion of the pari-mutuel ticket
3-21 sufficient to identify the association, race, and horse or
3-22 greyhound involved and sufficient to show the amount wagered and
3-23 the type of ticket; or
3-24 (2) the pari-mutuel voucher.
3-25 SECTION 6. Section 11.08, Texas Racing Act (Article 179e,
3-26 Vernon's Texas Civil Statutes), is amended to read as follows:
4-1 Sec. 11.08. MONEY NOT CLAIMED. As soon as practicable after
4-2 the period provided by Subsection (a) of this section for a person
4-3 to file a claim expires [Not later than the 61st day after the
4-4 closing day of a race meeting], an association shall pay to the
4-5 commission all distributable money that is subject to payment under
4-6 Section 11.07 of this Act but that is not successfully claimed,
4-7 including money from uncashed pari-mutuel vouchers, and that is not
4-8 spent on drug testing under the provisions of this Act.
4-9 SECTION 7. Subsection (a), Section 10A, The Veterinary
4-10 Licensing Act (Article 8890, Revised Statutes), is amended to read
4-11 as follows:
4-12 (a) The Board may issue a special license to:
4-13 (1) a member of the faculty or staff of a
4-14 Board-approved veterinary program at an institution of higher
4-15 education;
4-16 (2) a veterinarian employee of the Texas Animal Health
4-17 Commission;
4-18 (3) a veterinarian employee of the Texas Veterinary
4-19 Medical Diagnostic Laboratory; [or]
4-20 (4) a veterinarian employee of the Texas Racing
4-21 Commission; or
4-22 (5) a veterinarian employee of the Texas Department of
4-23 Health; or
4-24 (6) a veterinarian licensed in another jurisdiction
4-25 whose specialty practice is determined by the Board to be
4-26 unrepresented or underrepresented in this state.
5-1 SECTION 8. Subdivisions (11) and (12), Section 1.03 and
5-2 Section 6.16, Texas Racing Act (Article 179e, Vernon's Texas Civil
5-3 Statutes), are repealed.
5-4 SECTION 9. (a) This Act takes effect September 1, 1999.
5-5 (b) Not later than January 1, 2000, the Texas Racing
5-6 Commission shall adopt all rules necessary to implement the changes
5-7 in law made by this Act to the Texas Racing Act (Article 179e,
5-8 Vernon's Texas Civil Statutes).
5-9 (c) Not later than January 1, 2000, the State Board of
5-10 Veterinary Medical Examiners shall adopt all rules necessary to
5-11 implement the changes in law made by this Act to The Veterinary
5-12 Licensing Act (Article 8890, Revised Statutes).
5-13 (d) The repeal by this Act of Section 6.16, Texas Racing Act
5-14 (Article 179e, Vernon's Texas Civil Statutes), does not affect an
5-15 offense committed under that section before the effective date of
5-16 this Act, and the former law is continued in effect for purposes of
5-17 that offense. For purposes of this subsection, an offense was
5-18 committed before the effective date of this Act if any element of
5-19 the offense occurred before that date.
5-20 SECTION 10. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.