1-1 By: Wilson (Senate Sponsor - Armbrister) H.B. No. 2484
1-2 (In the Senate - Received from the House April 30, 2001;
1-3 May 1, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 10, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of racing.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 6.08, Texas Racing Act (Article 179e,
1-11 Vernon's Texas Civil Statutes), is amended by amending Subsection
1-12 (i) and adding Subsection (n) to read as follows:
1-13 (i) Ten percent of the total breakage from a live
1-14 pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to
1-15 the commission for use by the appropriate state horse breed
1-16 registry, subject to rules promulgated by the commission. The
1-17 appropriate breed registry for Thoroughbred horses is the Texas
1-18 Thoroughbred Breeders Association, for quarter horses is the Texas
1-19 Quarter Horse Association, [for Appaloosa horses is the Texas
1-20 Appaloosa Horse Club,] for Arabian horses is the Texas Arabian
1-21 Breeders Association, and for paint horses is the Texas Paint Horse
1-22 Breeders Association.
1-23 (n) A horse breed registry may by rule restrict the
1-24 eligibility of its horses for accredited Texas-bred awards or purse
1-25 supplements when the horse runs in mixed racing.
1-26 SECTION 2. Section 11.011(e), Texas Racing Act (Article
1-27 179e, Vernon's Texas Civil Statutes), is amended to read as
1-28 follows:
1-29 (e) If intrastate wagering pools are combined between
1-30 tracks, the receiving track [where the race originates] is
1-31 responsible for the state's share of the pari-mutuel pool
1-32 regardless of whether a shortage or error occurred at the
1-33 originating track or receiving track.
1-34 SECTION 3. Section 6.06(a), Texas Racing Act (Article 179e,
1-35 Vernon's Texas Civil Statutes), is amended to read as follows:
1-36 (a) To preserve and protect the public health, welfare, and
1-37 safety, the commission shall adopt rules relating to license
1-38 applications, the financial responsibility, moral character, and
1-39 ability of applicants, and all matters relating to the planning,
1-40 construction, and operation of racetracks. The commission may
1-41 refuse to issue a racetrack license or may revoke or suspend a
1-42 license if, after notice and hearing, it has reasonable grounds to
1-43 believe and finds that:
1-44 (1) the applicant has been convicted in a court of
1-45 competent jurisdiction of a violation of this Act or any rule
1-46 adopted by the commission or that the applicant has aided, abetted,
1-47 or conspired with any person to commit such a violation;
1-48 (2) the applicant has been convicted of a felony or of
1-49 any crime involving moral turpitude, including convictions for
1-50 which the punishment received was a suspended sentence, probation,
1-51 or a nonadjudicated conviction, that is reasonably related to the
1-52 applicant's present fitness to hold a license under this Act;
1-53 (3) the applicant has violated or has caused to be
1-54 violated this Act or a rule of the commission in a manner that
1-55 involves moral turpitude, as distinguished from a technical
1-56 violation of this Act or of a rule;
1-57 (4) the applicant is unqualified, by experience or
1-58 otherwise, to perform the duties required of a licensee under this
1-59 Act;
1-60 (5) the applicant failed to answer or falsely or
1-61 incorrectly answered a question in an application;
1-62 (6) the applicant fails to disclose the true ownership
1-63 or interest in a greyhound or horse as required by the rules of the
1-64 commission;
2-1 (7) the applicant is indebted to the state for any
2-2 fees or for the payment of a penalty imposed by this Act or by a
2-3 rule of the commission;
2-4 (8) the applicant is not of good moral character or
2-5 the applicant's reputation as a peaceable, law-abiding citizen in
2-6 the community where the applicant resides is bad;
2-7 (9) the applicant has not yet attained the minimum age
2-8 necessary to purchase alcoholic beverages in this state;
2-9 (10) the applicant is in the habit of using alcoholic
2-10 beverages to an excess or uses a controlled substance as defined in
2-11 Chapter 481, Health and Safety Code, or a dangerous drug as defined
2-12 in Chapter 483, Health and Safety Code, or is mentally
2-13 incapacitated;
2-14 (11) the applicant may be excluded from a track
2-15 enclosure under this Act;
2-16 (12) [the applicant has not been a United States
2-17 citizen residing in this state for the period of 10 consecutive
2-18 years immediately preceding the filing of the application;]
2-19 [(13)] the applicant has improperly used a license
2-20 certificate, credential, or identification card issued under this
2-21 Act;
2-22 (13) [(14)] the applicant is residentially domiciled
2-23 with a person whose license has been revoked for cause within the
2-24 12 months immediately preceding the date of the present
2-25 application;
2-26 (14) [(15)] the applicant has failed or refused to
2-27 furnish a true copy of the application to the commission's district
2-28 office in the district in which the premises for which the permit
2-29 is sought are located;
2-30 (15) [(16)] the applicant is engaged or has engaged in
2-31 activities or practices that the commission finds are detrimental
2-32 to the best interests of the public and the sport of greyhound
2-33 racing or horse racing; or
2-34 (16) [(17)] the applicant fails to fully disclose the
2-35 true owners of all interests, beneficial or otherwise, in a
2-36 proposed racetrack facility.
2-37 SECTION 4. Sections 6.06(c), (d), and (h), and Section 6.16,
2-38 Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are
2-39 repealed.
2-40 SECTION 5. This Act takes effect September 1, 2001.
2-41 * * * * *