By: Lucio S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of elimination tournaments; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.001. Subsection 2052.002 (6), Occupations Code,
is amended to read as follows:
(6) "Elimination tournament" means a [boxing contest
in which elimination tournament contestants compete in a series of
matches until not more than one contestant remains in any weight
category] 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. The term does not include a boxing event described
by Section 2052.110.
SECTION 1.002. 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 1.003. Section 2052.110 (2), Occupations Code, is
amended to read as follows:
Section 2052.110 (2). LICENSE AND BONDING EXCEPTIONS.
(2) an event conducted by a nonprofit amateur athletic
association chartered under the law of this state[, including a
membership club affiliated with the association located within this
state and] that is recognized by the executive director, including
a membership club affiliated with the association located within
this state;
SECTION 1.004. Section 2052.151 (a)(1), Occupations Code,
is amended to read as follows:
Section 2052.151. IMPOSITION AND RATE OF TAX
(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;
SECTION 1.005. The Heading of Subchapter E, Section
2052.201, Occupations Code, is amended to read as follows:
SUBCHAPTER E. [REGULATION OF] ELIMINATION TOURNAMENTS
SECTION 1.006. Section 2052.201 is amended to read as
follows:
Section 2052.201, ELIMINATION TOURNAMENTS PROHIBITED
[GENERAL RULES]
(a) An elimination tournament may not [only] be held in this
state [conducted as a one or two night event]. Notwithstanding the
above, this section does not preclude kickboxing, mixed martial
arts, shoot wrestling/fighting, or Pancrase wrestling/fighting as
regulated by this chapter or commission rules.
(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.
[(b) 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 catagory as the
contestant during the preliminary round of an elimination
tournament.]
SECTION 1.007. Section 2052.251 is amended to read as
follows:
Section 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 1.008. Section 2052.252 (a) is amended to read as
follows:
Section 2052.252. CERTAIN AMATEUR EVENTS.
(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 1.009. Section 2052.303 is amended to read as
follows:
Section 2052.303. CIVIL PENALTY; INJUNCTION.
(a) Except as provided in Subsection (b) below, 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 Subsection 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.
[(b)] (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.
[(c)] (d) Venue for a suit filed under Subsection ([b]c) is
in a district court in Travis County.
[(d)] (e) A civil penalty assessed under this section shall
be paid to this state.
SECTION 1.010. Section 2052.309 is amended to read as
follows:
Section 2052.309. CRIMINAL OFFENSE.
(a) Except as provided in Subsection (c) below, a [A] person
commits an offense if the person violates this chapter or a rule
adopted under this chapter.
(b) An offense under [this section] subsection (a) is a
Class A misdemeanor.
(c) A person commits an offense if the person violates
Subsection 2052.201(b) of this chapter, or a rule adopted under
that subsection.
(d) An offense under subsection (c) is a second degree
felony.
SECTION 1.011. The following sections of the Occupations
Code are repealed:
(1) Section 2052.002, Subdivisions (3), (7), (8),
(12), and (15), Occupations Code;
(2) Section 2052.103, Occupations Code;
(3) Section 2052.104, Occupations Code;
(4) Section 2052.202, Occupations Code;
(5) Section 2052.203, Occupations Code;
(6) Section 2052.204, Occupations Code;
(7) Section 2052.205, Occupations Code;
(8) Section 2052.206, Occupations Code; and,
(9) Section 2052.207, Occupations Code.
SECTION 2. This article takes effect September 1, 2003, if
it 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 Act takes effect on November 1, 2003.