77R11769 YDB-F
By Brimer, Allen, Hupp, Geren H.B. No. 1923
Substitute the following for H.B. No. 1923:
By Haggerty C.S.H.B. No. 1923
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to economic incentives to attract national horse racing
1-3 events of national significance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6, Texas Racing Act (Article 179e,
1-6 Vernon's Texas Civil Statutes), is amended by adding Section 6.094
1-7 to read as follows:
1-8 Sec. 6.094. NATIONAL EVENT INCENTIVES. (a) In this section:
1-9 (1) "Breeders' Cup costs" means all costs for capital
1-10 improvements and extraordinary expenses reasonably incurred for the
1-11 operation of Breeders' Cup races, including purses offered on other
1-12 days in excess of the purses the host association is required to
1-13 pay under this Act.
1-14 (2) "Breeders' Cup races" means a series of
1-15 thoroughbred races known as the Breeders' Cup Championship races
1-16 conducted annually by Breeders' Cup Limited on a day selected by
1-17 Breeders' Cup Limited and known as Breeders' Cup Championship day.
1-18 (3) "Development organization" means an organization
1-19 whose primary purpose is the marketing, promotion, or economic
1-20 development of a municipality, county, or region of the state,
1-21 including a chamber of commerce, convention and visitors bureau, or
1-22 sports commission.
1-23 (4) "Political subdivision" means a municipality,
1-24 county, or other political subdivision of this state and includes
2-1 any entity created by a political subdivision.
2-2 (b) An association conducting the Breeders' Cup races may
2-3 apply to the reimbursement of Breeders' Cup costs amounts that
2-4 would otherwise be set aside by the association for the state under
2-5 Sections 6.091(a)(1) and 6.093 of this Act during the year in which
2-6 the association hosts the Breeders' Cup races, not to exceed an
2-7 amount equal to the lesser of:
2-8 (1) the aggregate amount contributed to pay Breeders'
2-9 Cup costs by political subdivisions and development organizations;
2-10 or
2-11 (2) $2 million.
2-12 (c) Beginning on January 1 of the year in which an
2-13 association is designated by Breeders' Cup Limited to host the
2-14 Breeders' Cup races, the association shall deposit amounts that
2-15 would otherwise be set aside for the state under Sections
2-16 6.091(a)(1) and 6.093 of this Act during that year, in accordance
2-17 with procedures prescribed by the comptroller, into the Breeders'
2-18 Cup developmental account. The Breeders' Cup developmental account
2-19 is an account in the general revenue fund and is administered by
2-20 the commission. Money in the account may be appropriated only to
2-21 the commission and may be used only for the purposes of this
2-22 section. The account is exempt from the application of Section
2-23 403.095, Government Code.
2-24 (d) Following the association's filing of a request for
2-25 reimbursement, the commission shall make disbursements from the
2-26 Breeders' Cup developmental account to reimburse Breeders' Cup
2-27 costs incurred and paid by the association. Disbursements from the
3-1 account may not at any time exceed the lesser of:
3-2 (1) the aggregate amount actually paid for Breeders'
3-3 Cup costs by political subdivisions and development organizations
3-4 as certified by the commission to the comptroller; or
3-5 (2) $2 million.
3-6 (e) Not later than January 31 of the year following the year
3-7 in which an association hosts the Breeders' Cup races, the
3-8 association shall submit to the commission a report including:
3-9 (1) the total amount of Breeders' Cup costs incurred
3-10 by the association;
3-11 (2) the total payments made by political subdivisions
3-12 and development organizations for Breeders' Cup costs; and
3-13 (3) any other information requested by the commission.
3-14 (f) Following receipt of the report required by Subsection
3-15 (e), the commission shall take steps the commission considers
3-16 appropriate to verify the accuracy of the report. Not later than
3-17 March 31 of the year following the year in which the association
3-18 hosts the Breeders' Cup races, the commission shall transfer to the
3-19 credit of the general revenue fund any balance remaining in the
3-20 account after reimbursement of any remaining Breeders' Cup costs
3-21 authorized under this section.
3-22 (g) The commission may adopt rules relating to the
3-23 administration of this section, including rules relating to:
3-24 (1) the auditing or other verification of Breeders'
3-25 Cup costs and amounts paid or set aside by political subdivisions
3-26 and development organizations; and
3-27 (2) the disbursement of funds from the Breeders' Cup
4-1 developmental account.
4-2 (h) The commission may adopt rules to facilitate the conduct
4-3 of Breeders' Cup races in this state, including the adoption of
4-4 rules or waiver of existing rules relating to:
4-5 (1) regulation, supervision, and overall conduct of
4-6 racing during the Breeders' Cup races in order to ensure the
4-7 integrity of the races;
4-8 (2) licensing of participants;
4-9 (3) special stabling and training requirements for
4-10 horses; and
4-11 (4) commingling of pari-mutuel pools.
4-12 (i) The comptroller may adopt rules relating to the
4-13 administration of the Breeders' Cup developmental account,
4-14 including rules relating to:
4-15 (1) procedures and requirements for transmitting or
4-16 otherwise delivering to the treasury the money set aside under this
4-17 section; and
4-18 (2) depositing funds into the account.
4-19 (j) This section prevails over any conflicting provision of
4-20 this Act.
4-21 SECTION 2. This Act takes effect September 1, 2001.