By Brimer                                             H.B. No. 1923
         2001S0406/1                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to economic incentives to attract horse racing events of
 1-3     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
 1-9     section:
1-10                 (1)  "Breeders' Cup costs" means all costs for capital
1-11     improvements and extraordinary expenses reasonably incurred for the
1-12     operation of the Breeders' Cup races, including purses offered on
1-13     other days in excess of the purses that the host association is
1-14     required to pay by this Act.
1-15                 (2)  "Breeders' Cup races" means a series of
1-16     thoroughbred races known as the Breeders' Cup Championship races
1-17     conducted annually by Breeders' Cup Limited on a day known as
1-18     Breeders' Cup Championship day.
1-19                 (3)  "Development organization" means an organization
1-20     whose primary purpose is the marketing, promotion, or economic
1-21     development of a city, county, or region of the state, including
1-22     chambers of commerce, convention and visitors bureaus, and sports
1-23     commissions.
1-24                 (4)  "Political subdivision" means a city, county, or
 2-1     other political subdivision in the state and includes any entity
 2-2     created by a political subdivision.
 2-3           (b)  An association conducting the Breeders' Cup races may
 2-4     apply to the payment or reimbursement of Breeders' Cup costs
 2-5     amounts that would otherwise be set aside for the state under
 2-6     Sections 6.091(a)(1) and 6.093 of this Act during the year in which
 2-7     the association hosts the Breeders' Cup races, limited to an amount
 2-8     equal to the lesser of the aggregate amount contributed to pay
 2-9     Breeders' Cup costs by political subdivisions and development
2-10     organizations or $2 million.  Beginning on January 1 of the year
2-11     for which the association has been officially designated to host
2-12     the Breeders' Cup races, amounts that would otherwise be set aside
2-13     for the state during that year under Sections 6.091(a)(1) and 6.093
2-14     of this Act shall be deposited into a special account to be
2-15     administered as provided by this section.
2-16           (c)  Disbursements shall be made from the special account to
2-17     pay Breeders' Cup costs actually incurred by the association as
2-18     such costs are incurred, either by direct payment of the costs or
2-19     reimbursement to the association for costs paid by it.
2-20     Disbursements from the special account may not at any time exceed
2-21     the aggregate amount actually paid for Breeders' Cup costs by
2-22     political subdivisions and development organizations.
2-23           (d)  By January 31 of the year following the year in which
2-24     the association hosts the Breeders' Cup races, the association
2-25     shall submit to the commission a report including:
2-26                 (1)  the total amount of Breeders' Cup costs incurred
 3-1     by the association;
 3-2                 (2)  the total payments made by political subdivisions
 3-3     and development organizations for Breeders' Cup costs;
 3-4                 (3)  the total disbursements from the special account
 3-5     for the payment or reimbursement of Breeders' Cup costs;
 3-6                 (4)  the balance remaining in the special account; and
 3-7                 (5)  any other information requested by the commission.
 3-8           (e)  Following receipt of the report required by Subsection
 3-9     (d), the commission shall take any steps it considers appropriate
3-10     to verify the report and shall give instructions for the final
3-11     disbursement of any funds remaining in the special account.  Any
3-12     balance remaining in the account after payment or reimbursement of
3-13     any remaining Breeders' Cup costs authorized under this section
3-14     shall be set aside for the state.
3-15           (f)  The commission shall adopt rules relating to the
3-16     administration of this section, including rules relating to:
3-17                 (1)  the auditing or other verification of Breeders'
3-18     Cup costs and amounts paid or set aside by political subdivisions
3-19     and development organizations;
3-20                 (2)  the establishment of the special account; and
3-21                 (3)  the deposit, investment, and disbursement of funds
3-22     in or from the special account.
3-23           (g)  The commission may adopt rules to facilitate the conduct
3-24     of the Breeders' Cup races, including the adoption of rules or
3-25     waiver of existing rules relating to the overall conduct of racing
3-26     during the Breeders' Cup races in order to assure the integrity of
 4-1     the races, licensing for all participants, special stabling and
 4-2     training requirements for foreign horses, and commingling of
 4-3     pari-mutuel pools.
 4-4           (h)  The provisions of this section prevail over any
 4-5     conflicting provisions of this Act.
 4-6           SECTION 2.  This Act takes effect September 1, 2001.