Amend Floor Amendment No. 1 to CSSB 22 by adding the
following appropriately numbered ARTICLE to the bill and
renumbering subsequent ARTICLEs accordingly:
ARTICLE ____. PROHIBITION OF ELIMINATION TOURNAMENTS
SECTION __.01. Subdivision (6), Section 2052.002,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(6) "Elimination tournament" means a competition or
exhibition in which contestants or participants who have no
professional experience participate in one or more matches by
boxing, wrestling, kicking, or using martial arts techniques
[boxing contest in which elimination tournament contestants
compete in a series of matches until not more than one contestant
remains in any weight category]. The term does not include a boxing
event described by Section 2052.110.
SECTION __.02. Section 2052.101, Occupations Code, is
amended to read as follows:
Sec. 2052.101. BOXING PROMOTER LICENSE. A person may not
act as a boxing promoter [or an elimination tournament boxing
promoter] unless the person holds a license issued under this
chapter.
SECTION __.03. Section 2052.110, Occupations Code, as
amended by Senate Bill No. 279, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 2052.110. LICENSE AND BONDING EXCEPTIONS. The
licensing and bonding requirements of this subchapter do not apply
to:
(1) a boxing event in which the participants do not
receive a money remuneration, purse, or prize for their
performances or services if the event is promoted, conducted, or
maintained by:
(A) an educational institution;
(B) a law enforcement organization;
(C) a Texas National Guard Unit; or
(D) an amateur athletic organization
recognized by the executive director;
(2) an event conducted by a nonprofit amateur
athletic association chartered under the law of this state that
is[, including a membership club affiliated with the
association located within this state and] recognized by the
executive director, including a membership club affiliated with the
association located within this state;
(3) an event conducted by a college, school, or
university that is part of the institution's athletic program in
which only students of different educational institutions
participate;
(4) an event in which only members of a troop,
battery, company, or unit of the Texas National Guard or a law
enforcement agency participate; or
(5) an event conducted by an organization of the
Olympic Games, the Paralympic Games, or the Pan-American Games.
SECTION __.04. Subsection (a), Section 2052.151,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(a) A tax is imposed on a person who:
(1) conducts a boxing event[, including an
elimination tournament,] in which a fee is charged for admission to
the event;
(2) exhibits in this state a simultaneous telecast of
a live, spontaneous, or current boxing event on a closed circuit
telecast, in which a fee is charged for admission to the telecast;
or
(3) conducts or sponsors an amateur boxing event,
other than an event exempt from licensing under Section
2052.110(2), (3), (4), or (5), in which a fee is charged for
admission to the event.
SECTION __.05. The heading of Subchapter E, Chapter 2052,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [REGULATION OF]
ELIMINATION TOURNAMENTS
SECTION __.06 Section 2052.201, Occupations Code, is
amended to read as follows:
Sec. 2052.201. ELIMINATION TOURNAMENTS PROHIBITED [GENERAL
RULES]. (a) An elimination tournament may not [only] be held in
this state; provided, however, that this section does not preclude
kickboxing, mixed martial arts, shoot wrestling/fighting, or
Pancrase wrestling/fighting as regulated by this chapter or
commission rules [conducted as a one-night or two-night event].
(b) Promoting an elimination tournament conducted in this
state is a violation of this chapter.
(c) Participating in an elimination tournament conducted in
this state is a violation of this chapter [An elimination
tournament match consists of three rounds of not more than 90
seconds per round with an interval of at least one minute between
rounds.
[(c) The standing eight-count and the three-knock-down
rules apply to an elimination tournament.
[(d) An elimination tournament contestant must be randomly
matched with an opponent in the same weight category as the
contestant during the preliminary round of an elimination
tournament].
SECTION __.07. Section 2052.251, Occupations Code, as
amended by Senate Bill No. 279, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 2052.251. BOXING GLOVES. A boxing event contestant[,
other than an elimination tournament contestant under Subchapter
E,] shall wear eight-ounce boxing gloves, unless the commission by
rule requires or permits a contestant to wear heavier gloves.
SECTION __.08. Subsection (a), Section 2052.252,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(a) This section applies to an amateur boxing event, other
than an event described by Section 2052.110(2), (3), (4), or (5) [or
an elimination tournament subject to Subchapter E,] in which a fee
is charged for admission to the event.
SECTION __.09. Section 2052.303, Occupations Code, is
amended to read as follows:
Sec. 2052.303. CIVIL PENALTY; INJUNCTION. (a) Except as
provided by Subsection (b), a [A] court may assess a civil penalty
against a person who violates this chapter or a rule adopted under
this chapter. The amount of the penalty assessed under this
subsection may not exceed $1,000 for each violation.
(b) A court may assess a civil penalty against a person who
violates Section 2052.201(b) or a rule adopted under that
subsection. The amount of the penalty assessed under this
subsection may not exceed $50,000 for each violation.
(c) The attorney general or the department may file a civil
suit to:
(1) assess and recover a civil penalty under
Subsection (a) or (b); or
(2) enjoin a person who violates or threatens to
violate this chapter or a rule adopted under this chapter from
continuing the violation or threat.
(d) [(c)] Venue for a suit filed under Subsection (c) [(b)]
is in a district court in Travis County.
(e) [(d)] A civil penalty assessed under this section
shall be paid to this state.
SECTION __.10. Section 2052.309, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subsection (c), an [An] offense
under this section is a Class A misdemeanor.
(c) An offense based on a violation of Section 2052.201(b)
or a rule adopted under that subsection is a second degree felony.
SECTION __.11. The following sections of the Occupations
Code are repealed:
(1) Subdivisions (3), (7), (8), (12), and (15),
Section 2052.002;
(2) Section 2052.103;
(3) Section 2052.202;
(4) Section 2052.203;
(5) Section 2052.204;
(6) Section 2052.205;
(7) Section 2052.206; and
(8) Section 2052.207.
SECTION __.12. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary to
take effect on that date, this article takes effect November 1,
2003.