By:  Cain, et al.                                     S.B. No. 1096
         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
1-25     other political subdivision in the state and includes any entity
 2-1     created by a political subdivision.
 2-2           (b)  An association conducting the Breeders' Cup races may
 2-3     apply to the payment or reimbursement of Breeders' Cup costs
 2-4     amounts that would otherwise be set aside 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, limited to an amount
 2-7     equal to the lesser of the aggregate amount contributed to pay
 2-8     Breeders' Cup costs by political subdivisions and development
 2-9     organizations or $2 million.  Beginning on January 1 of the year
2-10     for which the association has been officially designated to host
2-11     the Breeders' Cup races, amounts that would otherwise be set aside
2-12     for the state during that year under Sections 6.091(a)(1) and 6.093
2-13     of this Act shall be deposited into a special account to be
2-14     administered as provided by this section.
2-15           (c)  Disbursements shall be made from the special account to
2-16     pay Breeders' Cup costs actually incurred by the association as
2-17     such costs are incurred, either by direct payment of the costs or
2-18     reimbursement to the association for costs paid by it.
2-19     Disbursements from the special account may not at any time exceed
2-20     the aggregate amount actually paid for Breeders' Cup costs by
2-21     political subdivisions and development organizations.
2-22           (d)  By January 31 of the year following the year in which
2-23     the association hosts the Breeders' Cup races, the association
2-24     shall submit to the commission a report including:
2-25                 (1)  the total amount of Breeders' Cup costs incurred
2-26     by the association;
 3-1                 (2)  the total payments made by political subdivisions
 3-2     and development organizations for Breeders' Cup costs;
 3-3                 (3)  the total disbursements from the special account
 3-4     for the payment or reimbursement of Breeders' Cup costs;
 3-5                 (4)  the balance remaining in the special account; and
 3-6                 (5)  any other information requested by the commission.
 3-7           (e)  Following receipt of the report required by Subsection
 3-8     (d), the commission shall take any steps it considers appropriate
 3-9     to verify the report and shall give instructions for the final
3-10     disbursement of any funds remaining in the special account.  Any
3-11     balance remaining in the account after payment or reimbursement of
3-12     any remaining Breeders' Cup costs authorized under this section
3-13     shall be set aside for the state.
3-14           (f)  The commission shall adopt rules relating to the
3-15     administration of this section, including rules relating to:
3-16                 (1)  the auditing or other verification of Breeders'
3-17     Cup costs and amounts paid or set aside by political subdivisions
3-18     and development organizations;
3-19                 (2)  the establishment of the special account; and
3-20                 (3)  the deposit, investment, and disbursement of funds
3-21     in or from the special account.
3-22           (g)  The commission may adopt rules to facilitate the conduct
3-23     of the Breeders' Cup races, including the adoption of rules or
3-24     waiver of existing rules relating to the overall conduct of racing
3-25     during the Breeders' Cup races in order to assure the integrity of
3-26     the races, licensing for all participants, special stabling and
 4-1     training requirements for foreign horses, and commingling of
 4-2     pari-mutuel pools.
 4-3           (h)  The provisions of this section prevail over any
 4-4     conflicting provisions of this Act.
 4-5           SECTION 2.  This Act takes effect September 1, 2001.