By Wilson H.B. No. 2484
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of racing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6.08, Texas Racing Act (Article 179e,
1-5 Vernon's Texas Civil Statutes), is amended by amending Subsection
1-6 (i) and adding Subsection (n) to read as follows:
1-7 (i) Ten percent of the total breakage from a live
1-8 pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to
1-9 the commission for use by the appropriate state horse breed
1-10 registry, subject to rules promulgated by the commission. The
1-11 appropriate breed registry for Thoroughbred horses is the Texas
1-12 Thoroughbred Breeders Association, for quarter horses is the Texas
1-13 Quarter Horse Association, [for Appaloosa horses is the Texas
1-14 Appaloosa Horse Club,] for Arabian horses is the Texas Arabian
1-15 Breeders Association, and for paint horses is the Texas Paint Horse
1-16 Breeders Association.
1-17 (n) A horse breed registry may by rule restrict the
1-18 eligibility of its horses for accredited Texas-bred awards or purse
1-19 supplements when the horse runs in mixed racing.
1-20 SECTION 2. Section 11.011(e), Texas Racing Act (Article
1-21 179e, Vernon's Texas Civil Statutes), is amended to read as
1-22 follows:
1-23 (e) If intrastate wagering pools are combined between
1-24 tracks, the receiving track [where the race originates] is
2-1 responsible for the state's share of the pari-mutuel pool
2-2 regardless of whether a shortage or error occurred at the
2-3 originating track or receiving track.
2-4 SECTION 3. Section 6.06(a), Texas Racing Act (Article 179e,
2-5 Vernon's Texas Civil Statutes), is amended to read as follows:
2-6 (a) To preserve and protect the public health, welfare, and
2-7 safety, the commission shall adopt rules relating to license
2-8 applications, the financial responsibility, moral character, and
2-9 ability of applicants, and all matters relating to the planning,
2-10 construction, and operation of racetracks. The commission may
2-11 refuse to issue a racetrack license or may revoke or suspend a
2-12 license if, after notice and hearing, it has reasonable grounds to
2-13 believe and finds that:
2-14 (1) the applicant has been convicted in a court of
2-15 competent jurisdiction of a violation of this Act or any rule
2-16 adopted by the commission or that the applicant has aided, abetted,
2-17 or conspired with any person to commit such a violation;
2-18 (2) the applicant has been convicted of a felony or of
2-19 any crime involving moral turpitude, including convictions for
2-20 which the punishment received was a suspended sentence, probation,
2-21 or a nonadjudicated conviction, that is reasonably related to the
2-22 applicant's present fitness to hold a license under this Act;
2-23 (3) the applicant has violated or has caused to be
2-24 violated this Act or a rule of the commission in a manner that
2-25 involves moral turpitude, as distinguished from a technical
2-26 violation of this Act or of a rule;
2-27 (4) the applicant is unqualified, by experience or
3-1 otherwise, to perform the duties required of a licensee under this
3-2 Act;
3-3 (5) the applicant failed to answer or falsely or
3-4 incorrectly answered a question in an application;
3-5 (6) the applicant fails to disclose the true ownership
3-6 or interest in a greyhound or horse as required by the rules of the
3-7 commission;
3-8 (7) the applicant is indebted to the state for any
3-9 fees or for the payment of a penalty imposed by this Act or by a
3-10 rule of the commission;
3-11 (8) the applicant is not of good moral character or
3-12 the applicant's reputation as a peaceable, law-abiding citizen in
3-13 the community where the applicant resides is bad;
3-14 (9) the applicant has not yet attained the minimum age
3-15 necessary to purchase alcoholic beverages in this state;
3-16 (10) the applicant is in the habit of using alcoholic
3-17 beverages to an excess or uses a controlled substance as defined in
3-18 Chapter 481, Health and Safety Code, or a dangerous drug as defined
3-19 in Chapter 483, Health and Safety Code, or is mentally
3-20 incapacitated;
3-21 (11) the applicant may be excluded from a track
3-22 enclosure under this Act;
3-23 (12) [the applicant has not been a United States
3-24 citizen residing in this state for the period of 10 consecutive
3-25 years immediately preceding the filing of the application;]
3-26 [(13)] the applicant has improperly used a license
3-27 certificate, credential, or identification card issued under this
4-1 Act;
4-2 (13) [(14)] the applicant is residentially domiciled
4-3 with a person whose license has been revoked for cause within the
4-4 12 months immediately preceding the date of the present
4-5 application;
4-6 (14) [(15)] the applicant has failed or refused to
4-7 furnish a true copy of the application to the commission's district
4-8 office in the district in which the premises for which the permit
4-9 is sought are located;
4-10 (15) [(16)] the applicant is engaged or has engaged in
4-11 activities or practices that the commission finds are detrimental
4-12 to the best interests of the public and the sport of greyhound
4-13 racing or horse racing; or
4-14 (16) [(17)] the applicant fails to fully disclose the
4-15 true owners of all interests, beneficial or otherwise, in a
4-16 proposed racetrack facility.
4-17 SECTION 4. Sections 6.06(c), (d), and (h), and Section 6.16,
4-18 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
4-19 repealed.
4-20 SECTION 5. This Act takes effect September 1, 2001.