SRC-TBR C.S.S.B. 1096 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1096
2001S1051/1 04/02/01By: Cain
Business & Commerce
4/4/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there is no funding provision for attracting a Breeders' Cup
horse race to Texas.  C.S.S.B. 1096 provides a funding mechanism for the
track that is awarded the Breeders' Cup horse race to pay for the costs
associated with attracting such a race. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly given to the Texas Racing Commission and
the Comptroller of Public Accounts SECTION 1(Article 6, Texas Racing Act,
Section 6.094) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 6, Texas Racing Act (Article 179e, V.T.C.S.), by
adding Section 6.094, as follows: 

Sec. 6.094.  NATIONAL EVENT INCENTIVES.  (a)  Defines "Breeders' Cup
costs," "Breeders' Cup races," "development organization," and "political
subdivision." 

(b)  Authorizes an association conducting the Breeders' Cup races to apply
to the reimbursement of Breeders' Cup costs amounts that would otherwise be
set aside by the association for the state under Sections 6.091(a)(1) and
6.093 of this Act during the year in which the association hosts the
Breeders' Cup races, limited to an amount equal to the lesser of the
aggregate amount contributed to pay Breeders' Cup costs by political
subdivisions and development organizations or $2 million.  Provides that
beginning on January 1 of the year for which the association has been
officially designated to host the Breeders' Cup races, amounts that would
otherwise be set aside by the association for the state during that year
under Sections 6.091(a)(1) and 6.093 of this Act be set aside, in
accordance with procedures prescribed by the comptroller, for deposit into
the Breeder's Cup Developmental Account.  Provides that the Breeders' Cup
Developmental Account is an account in the general revenue fund. Requires
the Texas Racing Commission (commission) to administer the account.
Authorizes money in the account to be appropriated only to the commission
and to be used only for the purposes specified in this section.  Provides
that the account is exempt from the application of Section 403.095 (Use of
Dedicated Revenue), Government Code. 

(c)  Requires the commission to make disbursements from the Breeders' Cup
Development Account to reimburse Breeders' Cup costs actually incurred and
paid by the association, after the association files a request for
reimbursement. Prohibits disbursements from the account from exceeding the
aggregate amount actually paid for Breeders' Cup costs by political
subdivisions and development organizations, as certified by the commission
to the comptroller, or $2 million, whichever is less. 

(d)  Requires that, not later than January 31 of the year following the
year in which the  association hosts the Breeders' Cup races, the
association submit to the commission a report including certain
information. 

(e)  Requires the commission, following receipt of the report required by
Subsection (d) of this section, to take any steps it considers appropriate
to verify the report.  Requires the commission, not later than March 31 of
the year following the event, to transfer to the credit of the general
revenue fund any balance remaining in the Breeders' Cup Developmental
Account after any reimbursement of any remaining Breeders' Cup costs
authorized under this section. 

(f)  Authorizes the commission and the comptroller, in addition to the
authority otherwise granted in this Act, to adopt certain rules for the
administration of this section. 

(g)  Authorizes the commission to adopt rules to facilitate the conduct of
the Breeders' Cup races, including the adoption of rules or waiver of
existing rules relating to the overall conduct of racing during the
Breeders' Cup races in order to assure the integrity of the races,
licensing for all participants, special stabling and training requirements
for foreign horses, and commingling of pari-mutuel pools. 

 (h)  Provides that the provisions of this section prevail over any
conflicting provisions of this Act. 

SECTION 2.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 1051 by establishing the Breeders' Cup Developmental
Account and providing for the accounts administration.  Authorizes the
Texas Racing Commission to make disbursements to the Association to
reimburse Breeders' Cup Costs, after the association files a request for
reimbursement.  Requires the commission to transfer any remaining balance
to the credit of the general revenue fund in the Breeders' Cup Account.
Authorizes the commission to adopt rules relating to the disbursement of
funds from the Breeders' Cup Development Account and authorizes the
comptroller to adopt rules relating to the procedures and requirements for
transmitting or otherwise delivering to the treasury the money set aside
under this section and for depositing funds into the Breeders' Cup
Developmental Account.