HBA-CMT H.B. 1196 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1196 By: Brimer Licensing & Administrative Procedures 2/23/2001 Introduced BACKGROUND AND PURPOSE The Texas Racing Act contains a financial incentive program designed to improve the caliber of breeding and quality of Texas-bred horses. An accredited Texas-bred horse is a horse that is considered qualified for this program, which provides incentives to owners and breeders through supplements to purses awarded in races won by accredited Texas-bred horses. Any horse that is bred and born (foaled) in Texas qualifies as a Texas-bred horse. The accredited Texas-bred horse qualification is not lost if the mare is bred out of state and brought back for the birth of the foal and is bred back to a stallion in Texas. However, the Texas-bred foal crop has declined over the last four years. A reason for the decline is the exodus of high quality Texas mares to other states for breeding and domicile because of the lack of stallions in Texas that match the quality of Texas mares. House Bill 1196 allows a Thoroughbred Texas mare to be bred out of state without limitation as long as the foal is born in Texas, and reallocates existing funds to phase in, over a five year period, 25 percent of all award funds for accredited Texas-bred horses that win against open company. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1196 amends the Texas Racing Act to provide that an accredited Texas-bred Thoroughbred horse is eligible for only one-half of the breakage awarded under the Texas Racing Act. The bill requires that the remaining portion of the breakage be retained by the association conducting the race to be used in stake races restricted to accredited Texas-bred horses. The bill requires that an accredited Texas-bred Thoroughbred horse that finishes first, second, or third in a race other than a Texas-bred race receive a bonus award as a purse supplement. The bill requires the allocation of 25 percent of the Texas-bred program funds received by the state horse breed registry for Thoroughbred horses, excluding expenses for administration of the Texas-bred program, to be allocated to fund the bonus awards. The bill establishes, notwithstanding the 25 percent allocated to fund bonus awards, the annual percentages of the Texas-bred program funds received by the state horse breed registry for Thoroughbred horses that must be used to fund bonus awards for the years 2002 through 2007, expiring on January 1, 2008. The bill amends the definition of "Texas-bred horse" to include a Thoroughbred horse foaled in Texas by an accredited Texas-bred mare if the mare was bred outside Texas and returned to Texas on or before August 15 of the calendar year of conception. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. Provisions related to bonus awards take effect January 1, 2002.