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Amend CSSB 279 by adding the following appropriately numbered
ARTICLE and SECTIONS and renumbering the ARTICLES and SECTIONS of
the bill accordingly:
ARTICLE ___. COMBATIVE SPORTS
SECTION __.001. Chapter 2052, Occupations Code, is amended
to read as follows:
CHAPTER 2052. COMBATIVE SPORTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2052.001. LEGISLATIVE DECLARATION. This chapter shall
be liberally construed and applied to promote its underlying
purposes.
Sec. 2052.002. DEFINITIONS. In this chapter:
(1) "Boxing" includes kickboxing, in which a person
delivers blows with any part of the arm below the shoulder,
including the hand, and any part of the leg below the hip, including
the foot.
(2) "Boxing promoter" means a person who arranges,
advertises, or conducts a boxing event.
(3) "Commission" means the Texas Commission of
Licensing and Regulation ["Championship tournament" means a state,
regional, national, or international elimination tournament in
which the winners of elimination tournaments compete for a
championship in each weight category].
(4) ["Commissioner" means the commissioner of
licensing and regulation or the commissioner's designated
representative.
[(5)] "Department" means the Texas Department of
Licensing and Regulation.
(5) [(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. The term does not include a boxing event described
by Section 2052.108.
(6) "Executive director" means the executive director
of the department or the executive director's designated
representative.
(7) ["Elimination tournament boxing promoter" means a
person who arranges, advertises, or conducts an elimination
tournament.
[(8) "Elimination tournament contestant" means a
person who competes in an elimination tournament.
[(9)] "Exhibition" means a boxing or wrestling skills
demonstration.
(8) [(10)] "Event" means a contest, match, or
exhibition.
(9) [(11)] "Judge" means a person who is:
(A) located at ringside during a boxing match;
and
(B) responsible for scoring the performances of
the participants in the match.
(10) [(12) "Local tournament" means an elimination
tournament in which only a resident of this state may compete.
[(13)] "Professional boxer" means a person who
competes in a boxing event in this state conducted for a purse or
compensation.
(11) "Promoter" means a boxing promoter or wrestling
promoter.
(12) [(14)] "Referee" means a person who:
(A) is present in the ring during a boxing event;
and
(B) exercises general supervision of the event.
(13) "Ringside physician" means an individual
licensed to practice medicine in this state who is registered with
the department.
(14) [(15) "Regional tournament" means an elimination
tournament in which a contestant from outside of the immediate area
in which the tournament is conducted may compete against local
contestants.
[(16)] "Wrestling promoter" means a person who
arranges, advertises, or conducts a wrestling event.
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
AND COMMISSIONER
Sec. 2052.051. ADMINISTRATION OF CHAPTER. The department
shall administer this chapter.
Sec. 2052.052. RULES. (a) The executive director
[commissioner] shall adopt reasonable and necessary rules to
administer this chapter.
(b) The executive director [commissioner] may adopt rules:
(1) governing professional kickboxing contests and
exhibitions; [and]
(2) establishing reasonable qualifications for an
applicant seeking a license from the department under this chapter;
(3) recognizing a sanction, medical suspension, or
disqualification of a license holder by a combative sports
authority in any state, provided that if licensure is denied based
on those actions, an applicant has a right to a hearing as
prescribed by rule;
(4) establishing practice requirements or specialty
certifications that a person licensed to practice medicine in this
state must meet to register as a ringside physician;
(5) requiring a contestant to present to the executive
director at the time of weigh-in an original copy of recent blood
test results that demonstrate whether the contestant is free from
hepatitis B virus, hepatitis C virus, human immunodeficiency virus,
and any other communicable disease designated by rule of the
executive director and providing that a contestant's failure to
provide the required blood test results will disqualify the
contestant;
(6) providing that to participate in any event a
contestant must be free of hepatitis B virus, hepatitis C virus,
human immunodeficiency virus, and any other communicable disease
designated by rule;
(7) requiring that a contestant undergo a physical
examination, including an ophthalmological examination, at or near
the time of weigh-in and providing for disqualification of a
contestant who is determined by an examining physician to be unfit;
and
(8) establishing additional responsibilities for
promoters.
Sec. 2052.053. INVESTIGATIVE AUTHORITY. (a) The executive
director [commissioner] shall investigate allegations of activity
that may violate this chapter.
(b) The executive director [commissioner] may enter, at a
reasonable time, a place of business or an establishment in which
activity alleged to violate this chapter may occur. The executive
director [commissioner] is not required to give advance notice
before entering.
Sec. 2052.054. CONTINUING EDUCATION. (a) The executive
director [commissioner] may recognize, prepare, or administer
continuing education programs for persons licensed under this
chapter.
(b) Participation in a continuing education program under
Subsection (a) is voluntary.
Sec. 2052.055. MEDICAL ADVISORY COMMITTEE. (a) The
executive director may appoint a medical advisory committee to
advise the department concerning health issues for boxing event
contestants.
(b) If the executive director elects to appoint an advisory
committee, the executive director by rule shall establish:
(1) the number of committee members;
(2) qualifications for appointment to the committee;
and
(3) the purpose and duties of the committee.
SUBCHAPTER C. LICENSING, REGISTRATION, AND PERMITS
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.
Sec. 2052.102. BOXING PROMOTER LICENSE APPLICATION
REQUIREMENTS. (a) An applicant for a boxing promoter's license
under this chapter must apply on a form furnished by the executive
director [commissioner].
(b) An application must be accompanied by:
(1) a license fee in an amount set by the department
[commission]; and
(2) a surety bond:
(A) subject to approval by the executive director
[commissioner]; and
(B) conditioned on the applicant's payment of the
tax imposed under Section 2052.151.
(c) The executive director [commissioner] shall establish
the amount of the surety bond required under Subsection (b). The
bond amount may not be less than $300.
Sec. 2052.103. [ELIMINATION TOURNAMENT BOXING PROMOTER
LICENSE APPLICATION REQUIREMENTS. (a) An applicant for an
elimination tournament boxing promoter's license under this
chapter must apply on a form furnished by the commissioner.
[(b) An application must be accompanied by an application
fee of not more than $1,000 and, if the applicant charges a fee for
admission to the elimination tournament or awards a trophy, prize,
including a prize of money, or other item of value of more than $50
to a contestant winning the elimination tournament:
[(1) a $50,000 surety bond subject to approval by the
commissioner and conditioned on the applicant's payment of:
[(A) the tax imposed under Section 2052.151; and
[(B) a claim against the applicant as described
by Section 2052.109(a)(3); and
[(2) proof of not less than $10,000 accidental death or
injury insurance coverage for each contestant participating in the
elimination tournament.
[Sec. 2052.104. ELIMINATION TOURNAMENT BOXING PROMOTER
ANNUAL LICENSE FEE. The annual fee for an elimination tournament
boxing promoter's license may not exceed $1,000.
[Sec. 2052.105.] WRESTLING PROMOTER REGISTRATION. A person
may not act as a wrestling promoter unless the person is registered
with the secretary of state under this chapter.
Sec. 2052.104 [2052.106]. WRESTLING PROMOTER APPLICATION
REQUIREMENTS. (a) Registration as a wrestling promoter must be
made on a form furnished by the secretary of state.
(b) A registration must be accompanied by:
(1) a registration fee prescribed by the secretary of
state in an amount reasonably necessary to cover the costs of
administering the wrestling promoters registration program; and
(2) a $5,000 surety bond to be filed with the secretary
of state.
Sec. 2052.105 [2052.107]. OTHER BOXING LICENSES. Unless a
person holds a license or registration issued under this chapter,
the person may not act as a:
(1) professional boxer;
(2) manager of a professional boxer;
(3) referee;
(4) judge;
(5) second;
(6) timekeeper; [or]
(7) matchmaker; or
(8) ringside physician.
Sec. 2052.106 [2052.108]. APPLICATION REQUIREMENTS FOR
OTHER LICENSES. (a) An application for a license under Section
2052.105 [2052.107] must be made on a form furnished by the
executive director [commissioner].
(b) An application must be accompanied by the required
license fee.
Sec. 2052.107 [2052.109]. SURETY BOND. (a) A surety bond
required under this subchapter must:
(1) be issued by a company authorized to conduct
business in this state;
(2) comply with the applicable requirements of the
Insurance Code;
(3) be payable to the state for use by the state or a
political subdivision that establishes that the boxing or wrestling
promoter is liable to it for damages, penalties, taxes, or other
expenses resulting from promotional activities conducted in this
state; and
(4) be open to more than one claim, except that the
claims may not exceed the face value of the bond.
(b) A person required to file a surety bond under this
subchapter shall file a new bond annually.
(c) A company that issues a bond shall notify the department
in writing of the cancellation of the bond not later than the 30th
day before the date on which the bond is canceled.
Sec. 2052.108 [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 [commissioner];
(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 recognized by the executive director [commissioner];
(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; [or]
(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.
Sec. 2052.109 [2052.111]. DENIAL OF APPLICATION. The
executive director [commissioner] may deny an application for a
license if:
(1) the applicant does not meet the qualifications for
the license; or
(2) after conducting an investigation and a hearing,
the executive director [commissioner] determines that the
applicant has violated this chapter or a rule adopted under this
chapter.
Sec. 2052.110 [2052.112]. RECIPROCITY AGREEMENT. The
executive director [commissioner] may waive a license requirement
under this subchapter if the applicant holds a license issued by
another state that has a reciprocity agreement with this state.
Sec. 2052.111 [2052.113]. LICENSE AND PERMIT REQUIRED FOR
CLOSED CIRCUIT BOXING TELECAST. A person who 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 must:
(1) hold a boxing promoter's license under this
chapter; and
(2) obtain a permit for the closed circuit telecast.
Sec. 2052.112. LICENSE, REGISTRATION, AND PERMIT TERM AND
RENEWAL. (a) A license, registration, or permit issued under this
chapter is valid for one year after the date of issuance.
(b) The holder of a license, registration, or permit may
renew the license, registration, or permit by paying a renewal fee
and complying with other renewal requirements prescribed by
department rule before the expiration date. The department shall
issue a renewal certificate to the holder at the time of renewal.
Sec. 2052.113. PROMOTER RESPONSIBILITIES. For each
promoted event, a promoter shall:
(1) assure that all contestants scheduled to
participate are licensed before the event;
(2) provide that an ambulance, serviced by at least
two emergency medical technicians, is present on the premises where
the event is held;
(3) provide for a physical examination of each
contestant that complies with rules adopted under this chapter; and
(4) comply with all applicable rules adopted by the
executive director or the commission.
SUBCHAPTER D. GROSS RECEIPTS TAX
Sec. 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;
(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 2052.108(2)
[2052.110(2)], (3), [or] (4), or (5), in which a fee is charged for
admission to the event.
(b) The rate of the tax is three percent of the gross
receipts obtained from the event.
Sec. 2052.152. TAX REPORT AND PAYMENT. (a) A person on
whom a tax is imposed under Section 2052.151, not later than 72
hours after the end of the event or telecast for which the tax is
due, shall submit to the department a verified report on a form
furnished by the department stating:
(1) the number of tickets sold to the event;
(2) the ticket prices charged; [and]
(3) the gross price charged for the sale or lease of
broadcasting, television, and motion picture rights without any
deductions for commissions, brokerage fees, distribution fees,
advertising, or other expenses or charges; and
(4) the amount of gross receipts obtained from the
event.
(b) The person shall attach to the report a cashier's check
or money order payable to this state in the amount of the tax
imposed on the event covered by the report.
(c) The department may audit a report filed under Subsection
(b).
Sec. 2052.153. CLOSED CIRCUIT TELECAST. A person
exhibiting 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 exhibition:
(1) must:
(A) be a boxing promoter; and
(B) obtain a permit for each telecast exhibited;
and
(2) shall comply with the tax provisions of Section
2052.151.
[Sec. 2052.154. CERTAIN AMATEUR EVENTS. A person shall
comply with the tax requirements imposed under Section 2052.151 if
the person:
[(1) conducts or sponsors an amateur boxing event,
except an event conducted under Section 2052.110(2), (3), or (4);
and
[(2) charges an event admission fee.]
SUBCHAPTER E. [REGULATION OF] ELIMINATION TOURNAMENTS
Sec. 2052.201. ELIMINATION TOURNAMENTS PROHIBITED [GENERAL
RULES]. [(a)] An elimination tournament may not [only] be held in
this state [conducted as a one-night or two-night event].
[(b) An elimination tournament match consists of three
one-minute rounds 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.
[Sec. 2052.202. CONTESTANT PARTICIPATION. (a) An
elimination tournament contestant may not participate in more than:
[(1) one match during the first night of a two-night
elimination tournament other than a championship tournament; or
[(2) two matches during the first night of a two-night
championship tournament.
[(b) An elimination tournament contestant may participate in
any number of matches during the second night of a two-night
elimination tournament.
[(c) Except as provided by Subsection (d), an elimination
tournament boxing promoter may permit an elimination tournament
contestant who does not win a match during the first night of a
two-night elimination tournament to participate in the tournament
during the second night of the tournament.
[(d) An elimination tournament contestant who is knocked out
during the tournament may not continue to participate in the
tournament.
[Sec. 2052.203. ELIMINATION TOURNAMENT BOXING PROMOTER
RESPONSIBILITIES. (a) An elimination tournament boxing promoter
shall require that each elimination tournament contestant:
[(1) be at least 18 years old and younger than 36 years
old;
[(2) submit proof that the contestant has received
proper training, including a written description of the
contestant's training program during the 28 days before the
elimination tournament;
[(3) have no professional boxing experience;
[(4) have fewer than six boxing match wins during the
preceding five years that are recognized by an amateur boxing
organization that is recognized under department rules for this
purpose;
[(5) use 16-ounce gloves; and
[(6) wear the following protective gear provided by the
promoter:
[(A) except as provided by Subsection (b),
headgear approved by the department;
[(B) a mouthpiece; and
[(C) a groin guard or kidney-groin guard approved
by the department.
[(b) The elimination tournament boxing promoter of a local,
regional, or championship elimination tournament is not required to
require that each elimination tournament contestant wear headgear
approved by the department if the promoter under department rules
notifies the commissioner of the decision not to use the approved
headgear.
[Sec. 2052.204. ELIMINATION TOURNAMENT RINGSIDE PHYSICIAN.
(a) An elimination tournament boxing promoter shall provide a
ringside physician for each elimination tournament.
[(b) An elimination tournament ringside physician shall:
[(1) perform a complete medical examination of each
elimination tournament contestant at the tournament's location
before the tournament begins;
[(2) remain at ringside at all times during a scheduled
elimination tournament match;
[(3) offer solutions to boxing-related medical
problems to the elimination tournament boxing promoter and
contestants;
[(4) examine each elimination tournament contestant
between matches;
[(5) immediately before the second night of a two-night
elimination tournament, perform a complete physical examination of
each elimination tournament contestant who is scheduled to
participate during the second night; and
[(6) immediately notify the elimination tournament
boxing promoter if the physician disqualifies an elimination
tournament contestant.
[Sec. 2052.205. NEGATIVE PREGNANCY TEST RESULT. A female
elimination tournament contestant may not participate in an
elimination tournament unless the contestant provides the ringside
physician with proof of a negative pregnancy test result.
[Sec. 2052.206. WEIGHT CATEGORIES. (a) The weight
categories for an elimination tournament are:
[(1) less than 112 pounds;
[(2) 112 pounds or more and less than 119 pounds;
[(3) 119 pounds or more and less than 127 pounds;
[(4) 127 pounds or more and less than 136 pounds;
[(5) 136 pounds or more and less than 148 pounds;
[(6) 148 pounds or more and less than 161 pounds;
[(7) 161 pounds or more and less than 176 pounds;
[(8) 176 pounds or more and less than 190 pounds; and
[(9) 190 pounds or more.
[(b) An elimination tournament contestant may not compete in
a weight category other than the contestant's weight category as
listed under Subsection (a) unless the contestant:
[(1) competes in the next heavier weight category for
the contestant; and
[(2) the contestant's weight is within three percent of
the minimum weight for that next heavier weight category.
[Sec. 2052.207. RING REQUIREMENTS. (a) An elimination
tournament match must be conducted in a square ring. Each side of
the ring must be not less than 16 feet or more than 24 feet in
length.
[(b) The floor of the ring must be:
[(1) three-fourths inch thick; and
[(2) padded with one-inch thick closed-cell foam
material.]
SUBCHAPTER F. OTHER COMBATIVE SPORT REGULATIONS
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 executive
director [commissioner] by rule requires or permits a contestant to
wear heavier gloves.
Sec. 2052.252. CERTAIN AMATEUR EVENTS. (a) This section
applies to an amateur boxing event, other than an event described by
Section 2052.108(2), (3), (4), or (5) [elimination tournament
subject to Subchapter E], in which a fee is charged for admission to
the event.
(b) The event may take place only if the executive director
[commissioner] approves the event not later than seven days before
the date the event begins.
(c) Each entry in the event must be filed with the amateur
organization not later than the third day before the date the event
begins.
(d) The amateur organization shall determine the amateur
standing of the event contestants.
(e) The event is subject to the supervision of the executive
director [commissioner].
(f) All profits from the event must be used to develop
amateur athletics.
(g) Only a referee or judge licensed under this chapter may
participate in the event.
(h) Each contestant participating in the event must be
examined by a licensed physician within a reasonable time before
the event begins. A licensed physician must be present at ringside
during the entire event.
(i) A professional boxer licensed under this chapter may not
participate in any capacity in the event.
Sec. 2052.253. KICKBOXING. A professional kickboxing event
must be fought on the basis of the contestants' best efforts.
SUBCHAPTER G. DISCIPLINARY PROCEDURES; PENALTIES;
CRIMINAL OFFENSE
Sec. 2052.301. ADMINISTRATIVE PENALTIES AND SANCTIONS
[REVOCATION AND SUSPENSION OF LICENSE OR PERMIT]. On a
determination that a person has violated this chapter, a rule
adopted under this chapter, or a rule adopted under Chapter 51, the
executive director may impose administrative sanctions as provided
by Subchapter G, Chapter 51, or the commission may impose
administrative penalties as provided by Subchapter F, Chapter 51
[The commissioner may revoke or suspend the license or permit of a
license or permit holder under this chapter for violating this
chapter or a rule adopted under this chapter].
Sec. 2052.3015. PROMOTER PENALTY FOR LATE LICENSE. A
promoter who does not comply with Section 2052.113(1) in a timely
manner is subject to a penalty under this chapter for each
contestant who obtains a license less than 72 hours before an event
in which the contestant is scheduled to participate.
Sec. 2052.302. WITHHOLDING OF PURSE AND FORFEITURE OF
PURSE. (a) The executive director [commissioner] may order a
promoter [boxer or manager] to withhold any [forfeit to this state
a] purse or other funds payable to the holder of a license or
registration under this chapter if it appears more likely than not
that the holder has violated [in an amount of not more than $1,000
for violating] this chapter or a rule adopted under this chapter.
(b) The promoter shall surrender any purse or funds withheld
as provided by Subsection (a) to the executive director on demand.
Not later than the fifth working day after the event, the department
shall notify in writing the promoter and any person from whom a sum
was withheld of the date of a hearing to determine whether all or
part of the purse or funds withheld should be forfeited to the
state. The hearing must be scheduled for a date not later than the
10th day after the date of the notice. Not later than the 10th day
after the date of the hearing, the executive director shall enter an
order with findings of fact and conclusions of law determining
whether all or part of the purse or funds should be forfeited. Any
funds not forfeited shall be distributed to the persons entitled to
the funds.
(c) Except as otherwise provided by this subchapter, a
proceeding under this section shall be conducted in the manner
provided by Chapter 2001, Government Code.
(d) A person aggrieved by an order entered under this
section may appeal the order by filing a petition in a district
court in Travis County in the manner provided by Chapter 2001,
Government Code.
Sec. 2052.303. CIVIL PENALTY; INJUNCTION. (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 may
not exceed $1,000 for each violation.
(b) The attorney general or the department may file a civil
suit to:
(1) assess and recover a civil penalty under
Subsection (a); 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) Venue for a suit filed under Subsection (b) is in a
district court in Travis County.
(d) A civil penalty assessed under this section shall be
paid to this state.
Sec. 2052.304. PETITION FOR REVIEW. (a) A person may seek
review of a decision or an order of the executive director or the
commission [commissioner] under this chapter by filing a petition
for review in a district court in Travis County [not later than the
30th day after the date on which the decision or order of the
commissioner is final if the person is:
[(1) a party to an administrative hearing in which the
decision or order is issued; and
[(2) aggrieved by the decision or order].
(b) Chapter 2001, Government Code, governs any proceeding
under this section [The filing of a petition for review under
Subsection (a) does not stay the effect of the decision or order of
the commissioner that is the subject of the petition. The
commissioner or the district court in which the petition for review
is filed may order a stay on appropriate terms].
[(c) If a stay is ordered under Subsection (b), a supersedeas
bond is not required.
[Sec. 2052.305. SERVICE OF PROCESS. A petition for review
filed under Section 2052.304 must be served on:
[(1) the commissioner; and
[(2) all parties of record to a hearing before the
commissioner that relates to the matter for which the petition for
review is filed.
[Sec. 2052.306. CERTIFICATION OF RECORD. (a) On receipt of
a petition for review served under Section 2052.305, the
commissioner, not later than the date on which the answer to the
petition must be filed or the date on which the record is made
available to the commissioner, whichever date is later, shall
certify to the district court in which the petition is filed the
record of the proceedings to which the petition relates.
[(b) The petitioner shall pay the costs of preparing and
certifying the record under this section.
[(c) On final determination of the review, the district
court shall order payment of the costs described under Subsection
(b) as part of the costs in the case.
[Sec. 2052.307. JUDICIAL REVIEW. (a) A district court
reviewing a decision or an order of the commissioner under this
subchapter shall try the action without a jury in the same manner as
a civil action, except that evidence is not admissible unless the
evidence was presented at the hearing or noticed in the record of
the hearing before the commissioner. The petitioner has the burden
of proof in the action.
[(b) The court may:
[(1) affirm the decision or order of the commissioner;
or
[(2) remand the matter to the commissioner for further
proceedings.]
Sec. 2052.305 [2052.308]. APPEAL. (a) The petitioner or
executive director [commissioner] may appeal a final judgment of a
court conducting a review under this subchapter in the same manner
as a civil action.
(b) The executive director [commissioner] is not required
to file an appeal bond.
Sec. 2052.306 [2052.309]. CRIMINAL OFFENSE. (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 is a Class A misdemeanor.
SECTION ___.002. (a) Except as provided by Subsections (b)
and (c) of this section, this article takes effect January 1, 2004.
(b) This section takes effect September 1, 2003.
(c) Section 2052.201, Occupations Code, as amended by this
article, takes effect September 1, 2003, and applies to an
elimination tournament scheduled to occur on or after that date. An
elimination tournament scheduled to occur before that date is
governed by the law in effect on the date that the tournament was
scheduled, and the former law is continued in effect for that
purpose.
SECTION ___.003. Section 2052.302, Occupations Code, as
amended by this article, applies to a forfeiture imposed on or after
the effective date of this article. A forfeiture imposed before
that date is governed by the law in effect on the date that the
forfeiture was ordered, and the former law is continued in effect
for that purpose.