1-1 By: Armbrister S.B. No. 1314
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 15, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; April 15, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 1314, page 2, line 46, SECTION 7, by striking or,
1-8 changing (5) to (6), and adding the following:
1-9 (5) a veterinarian employee of the Texas Department of
1-10 Health; or
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to the regulation of horse and greyhound racing, including
1-14 the regulation of pari-mutuel wagering.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Subsection (d), Section 3.07, Texas Racing Act
1-17 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
1-18 as follows:
1-19 (d) Medication or drug testing performed on a race animal
1-20 under this Act shall be conducted by the [a laboratory selected by
1-21 the commission on a yearly basis by competitive bidding submitted
1-22 to the commission for final approval. The commission's decision
1-23 shall be based on cost and integrity. The] Texas Veterinary
1-24 Medical Diagnostic Laboratory [may aid the commission in its
1-25 selection]. Medication or drug testing performed on a human under
1-26 this Act shall be conducted by a laboratory approved by the
1-27 commission. Charges for services performed under this section
1-28 shall be forwarded to the commission for approval as to the
1-29 reasonableness of the charges for the services. Charges may
1-30 include but are not limited to expenses incurred for travel,
1-31 lodging, testing, and processing of test results. The reasonable
1-32 charges associated with medication or drug testing conducted under
1-33 this Act shall be paid by the association that receives the
1-34 services. The commission shall adopt rules for the procedures for
1-35 approving and paying laboratory charges under this section. On the
1-36 approval of the charges as reasonable, in relation to industry
1-37 standards for testing charges, the commission shall forward a copy
1-38 of the charges to the association that receives the services for
1-39 immediate payment.
1-40 SECTION 2. Subsection (i), Section 6.08, Texas Racing Act
1-41 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
1-42 as follows:
1-43 (i) Ten percent of the total breakage from a live
1-44 pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to
1-45 the commission for use by the appropriate state horse breed
1-46 registry, subject to rules promulgated by the commission. The
1-47 appropriate breed registry for Thoroughbred horses is the Texas
1-48 Thoroughbred Breeders Association, for quarter horses is the Texas
1-49 Quarter Horse Association, [for Appaloosa horses is the Texas
1-50 Appaloosa Horse Club,] for Arabian horses is the Texas Arabian
1-51 Breeders Association, and for paint horses is the Texas Paint Horse
1-52 Breeders Association.
1-53 SECTION 3. Section 9.02, Texas Racing Act (Article 179e,
1-54 Vernon's Texas Civil Statutes), is amended to read as follows:
1-55 Sec. 9.02. BREED REGISTRIES. The officially designated
1-56 state horse breed registries for accredited Texas-bred horses are
1-57 the Texas Thoroughbred Breeders Association for Thoroughbred
1-58 horses, the Texas Quarter Horse Association for quarter horses,
1-59 [the Texas Appaloosa Horse Club for Appaloosa horses,] the Texas
1-60 Arabian Breeders Association for Arabian horses, and the Texas
1-61 Paint Horse Breeders Association for paint horses.
1-62 SECTION 4. Subsection (e), Section 11.011, Texas Racing Act
1-63 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
2-1 as follows:
2-2 (e) If intrastate wagering pools are combined between
2-3 tracks, each [the] track [where the race originates] is responsible
2-4 for the state's share of the money wagered at that track
2-5 [pari-mutuel pool regardless of whether a shortage or error
2-6 occurred at the originating track or receiving track].
2-7 SECTION 5. Subsection (a), Section 11.07, Texas Racing Act
2-8 (Article 179e, Vernon's Texas Civil Statutes), is amended to read
2-9 as follows:
2-10 (a) A person who claims to be entitled to any part of a
2-11 distribution from a pari-mutuel pool, including a person holding an
2-12 uncashed pari-mutuel voucher, must, within a reasonable period
2-13 established by commission rule after the person first becomes
2-14 entitled to the money, [and who fails to claim the money due the
2-15 person before the completion of the race meeting at which the pool
2-16 was formed may, not later than the 60th day after the closing day
2-17 of the meeting,] file with the association a claim for the money
2-18 together with, as applicable:
2-19 (1) a substantial portion of the pari-mutuel ticket
2-20 sufficient to identify the association, race, and horse or
2-21 greyhound involved and sufficient to show the amount wagered and
2-22 the type of ticket; or
2-23 (2) the pari-mutuel voucher.
2-24 SECTION 6. Section 11.08, Texas Racing Act (Article 179e,
2-25 Vernon's Texas Civil Statutes), is amended to read as follows:
2-26 Sec. 11.08. MONEY NOT CLAIMED. As soon as practicable after
2-27 the period provided by Subsection (a) of this section for a person
2-28 to file a claim expires [Not later than the 61st day after the
2-29 closing day of a race meeting], an association shall pay to the
2-30 commission all distributable money that is subject to payment under
2-31 Section 11.07 of this Act but that is not successfully claimed,
2-32 including money from uncashed pari-mutuel vouchers, and that is not
2-33 spent on drug testing under the provisions of this Act.
2-34 SECTION 7. Subsection (a), Section 10A, The Veterinary
2-35 Licensing Act (Article 8890, Revised Statutes), is amended to read
2-36 as follows:
2-37 (a) The Board may issue a special license to:
2-38 (1) a member of the faculty or staff of a
2-39 Board-approved veterinary program at an institution of higher
2-40 education;
2-41 (2) a veterinarian employee of the Texas Animal Health
2-42 Commission;
2-43 (3) a veterinarian employee of the Texas Veterinary
2-44 Medical Diagnostic Laboratory; [or]
2-45 (4) a veterinarian employee of the Texas Racing
2-46 Commission; or
2-47 (5) a veterinarian licensed in another jurisdiction
2-48 whose specialty practice is determined by the Board to be
2-49 unrepresented or underrepresented in this state.
2-50 SECTION 8. Subdivisions (11) and (12), Section 1.03 and
2-51 Section 6.16, Texas Racing Act (Article 179e, Vernon's Texas Civil
2-52 Statutes), are repealed.
2-53 SECTION 9. (a) This Act takes effect September 1, 1999.
2-54 (b) Not later than January 1, 2000, the Texas Racing
2-55 Commission shall adopt all rules necessary to implement the changes
2-56 in law made by this Act to the Texas Racing Act (Article 179e,
2-57 Vernon's Texas Civil Statutes).
2-58 (c) Not later than January 1, 2000, the State Board of
2-59 Veterinary Medical Examiners shall adopt all rules necessary to
2-60 implement the changes in law made by this Act to The Veterinary
2-61 Licensing Act (Article 8890, Revised Statutes).
2-62 (d) The repeal by this Act of Section 6.16, Texas Racing Act
2-63 (Article 179e, Vernon's Texas Civil Statutes), does not affect an
2-64 offense committed under that section before the effective date of
2-65 this Act, and the former law is continued in effect for purposes of
2-66 that offense. For purposes of this subsection, an offense was
2-67 committed before the effective date of this Act if any element of
2-68 the offense occurred before that date.
2-69 SECTION 10. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.
3-5 * * * * *