SRC-VRA, LBB, EPT S.B. 909 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 909
By: Lucio
Business & Commerce
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Department of Licensing and Regulation (TDLR) is
responsible for oversight of combative sports and the safety of combative
sports participants.  As proposed, S.B. 909 prohibits certain elimination
tournaments, clarifies licensing procedures for combative sports event
participants, improves safety provisions for contestants, and increases
TDLR's enforcement authority. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the commissioner of licensing
and regulation or the commissioner's designated representative is granted
to the executive director of the Texas Department of Licensing and
Regulation or the executive director's designated representative in
SECTION 1 (Sections 2052.052 and 2052.251, Occupations Code) of this bill.

Rulemaking authority is expressly granted to the executive director of the
Texas Department of Licensing and Regulation or the executive director's
designated representative in SECTION 1(Section 2052.055, Occupations Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2052, Occupations Code, as follows:

CHAPTER 2052.  COMBATIVE SPORTS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 2052.001.  LEGISLATIVE DECLARATION.  Requires this chapter to be
liberally construed and applied to promote its underlying purposes. 

Sec. 2052.002.  DEFINITIONS.  Deletes the definitions of "championship
tournament," "commissioner," "elimination tournament boxing promoter,"
"elimination tournament contestant," "local tournament," and "regional
tournament."  Redefines "elimination tournament."  Defines "executive
director"  and "ringside physician."  Makes conforming changes relating to
numbering of definitions. 

SUBCHAPTER B.  POWERS AND DUTIES OF DEPARTMENT 
AND COMMISSIONER

Sec. 2052.051.  ADMINISTRATION OF CHAPTER.  Requires the Texas Department
of Licensing and Regulation (department) to administer this chapter. 
 
Sec. 2052.052.  RULES.  (a)  Requires the executive director of the
department,  rather than the commissioner of licensing and regulation or
the commissioner's designated representative (commissioner), to adopt
reasonable and necessary rules to administer this chapter. 

(b)  Requires the executive director, rather than the commissioner, to
adopt certain rules.  
 
Sec. 2052.053.  INVESTIGATIVE AUTHORITY.  Makes conforming changes
relating to the deletion of references to the commissioner. 

Sec. 2052.054.  CONTINUING EDUCATION.  Makes conforming change relating to
the deletion of reference to the commissioner. 

Sec. 2052.055.  MEDICAL ADVISORY COMMITTEE.  (a)  Authorizes the executive
director to appoint a medical advisory committee to advise the department
concerning health issues for boxing event contestants. 

(b)  Requires the executive director before the first appointment of
committee members, to adopt rules establishing: 

(1)  the number of appointed members;
(2)  qualifications for appointment; and
(3)  the purpose and tasks of the committee.

SUBCHAPTER C.  LICENSING, REGISTRATION, AND PERMITS

Sec. 2052.101.  BOXING PROMOTER LICENSE.  Prohibits a  person from acting
as a boxing promoter unless the person holds a license issued under this
chapter.  Deletes reference to an elimination tournament boxing promoter.  

Sec. 2052.102.  BOXING PROMOTER LICENSE APPLICATION REQUIREMENTS. (a)
Provides that an applicant for a boxing promoter's license under this
chapter must apply on a form furnished by the executive director rather
than the commissioner. 
 
(b)  Requires an application to be accompanied by certain items.  Deletes
reference to the commission and the commissioner.  

  (c)  Makes a conforming change.

Sec. 2052.103.  Deletes text from this section and redesignates text from
Section 2052.105. 

Sec. 2052.104.  Deletes text from this section and redesignates text from
Section 2052.106. 

Sec. 2052.105.  OTHER BOXING LICENSES.  Redesignated from text of
2052.107. Adds "ringside physician" to the list of professions a person
may not act as, unless the person holds a license or registration issued
under this chapter. 

Sec. 2052.106.  APPLICATION REQUIREMENTS FOR OTHER LICENSES. Redesignated
from text of Section 2052.108.  Makes conforming changes. 

Sec. 2052.107.  SURETY BOND.   Redesignated from Section 2052.109.

Sec. 2052.108.  LICENSE AND BONDING EXCEPTIONS.  Redesignated from Section
2052.110. Provides that 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 certain entities; 

(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 rather than the 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; 

(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.  DENIAL OF APPLICATION.  Redesignated from Section
2052.111. Makes conforming changes. 

Sec. 2052.110.  RECIPROCITY AGREEMENT.  Redesignated from Section
2052.112. Makes a conforming change. 
 
Sec. 2052.111. LICENSE AND PERMIT REQUIRED FOR CLOSED CIRCUIT BOXING
TELECAST.  Redesignated from Section 2052.113. 

Sec. 2052.112.  LICENSE, REGISTRATION, AND PERMIT TERM AND RENEWAL. (a)
Provides that a license, registration, or permit issued under this chapter
is valid for one year after the date of issuance. 

(b)  Authorizes the holder of a license, registration, or permit to renew
it by paying a renewal fee and complying with other renewal requirements
prescribed by department rule before the expiration date.  Requires the
department to issue a renewal certificate to the holder at the time of
renewal. 

Sec. 2052.113.  PROMOTER RESPONSIBILITIES.  Requires a promoter, for each
promoted event, to meet certain responsibilities. 

SUBCHAPTER D.  GROSS RECEIPTS TAX

Sec. 2052.151.  IMPOSITION AND RATE OF TAX.  Makes conforming changes.
 
Sec. 2052.152.  TAX REPORT AND PAYMENT.  (a)  Requires 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, to submit to the
department a verified report on a form furnished by the department stating
certain information. 

Sec. 2052.153.  CLOSED CIRCUIT TELECAST. No changes to this section.
  Deletes Section 2052.154 entitled, CERTAIN AMATEUR EVENTS. 

SUBCHAPTER E.  New Heading:  ELIMINATION TOURNAMENTS

Sec. 2052.201.  New heading:  ELIMINATION TOURNAMENTS PROHIBITED.
Prohibits an elimination tournament from being held in this state.  Makes
conforming changes relating to the prohibition, including the deletion of:
Section 2052.202. CONTESTANT PARTICIPATION, Section 2052.203.  ELIMINATION
TOURNAMENT BOXING PROMOTER RESPONSIBILITIES, Section 2052.204. ELIMINATION
TOURNAMENT RINGSIDE PHYSICIAN, Section 2052.205. NEGATIVE PREGNANCY TEST
RESULT, Section 2052.206.  WEIGHT CATEGORIES, and Section 2052.207.  RING
REQUIREMENTS.   

SUBCHAPTER F.  OTHER COMBATIVE SPORT REGULATIONS

Sec. 2052.251.  BOXING GLOVES.  Requires a boxing event contestant to wear
eightounce boxing gloves unless the executive director, rather than the
commissioner, by rule requires or permits a contestant to wear heavier
gloves.  Makes a conforming change. 
 
Sec. 2052.252.  CERTAIN AMATEUR EVENTS.   Makes conforming changes.

  
 Sec. 2052.253.  KICKBOXING.  No change to this section.

SUBCHAPTER G.  DISCIPLINARY PROCEDURES; CRIMINAL OFFENSE

Sec. 2052.301.  New heading:  ADMINISTRATIVE PENALTIES AND SANCTIONS.
Provides that on a finding of a violation of one or more provisions of
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 Texas Commission of Licensing
and Regulation may impose administrative penalties as provided by
Subchapter F, Chapter 51.  Deletes text regarding the authority of the
commissioner to revoke or suspend the license or permit of a license or
permit holder. 

Sec. 2052.302.  New heading:  WITHHOLDING OF PURSE AND FORFEITURE OF
PURSE.  (a)  Authorizes the executive director, rather than the
commissioner, to order a promoter, rather than a boxer or manager, to
withhold any purse, rather than forfeit to this state a purse, or other
funds payable to a licensee or registrant if it appears more likely than
not that the licensee or registrant has violated this chapter or a rule
adopted under this chapter.  Deletes the forfeiture amount of not more
than $1,000. 

(b)  Requires the promoter to surrender any purse or funds withheld as
provided by Subsection (a) to the executive director on demand.  Requires
the department, not later than five working days after the event, to
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. Requires the hearing to be scheduled
for a date not later than 10 days after the date of the notice.  Requires
the executive director, not later than 10 days after the hearing, to enter
an order with findings of fact and conclusions of law determining whether
all or part of the purse or funds should be forfeited.  Requires any funds
not forfeited to be distributed to the persons entitled to the funds. 

(c)  Requires the proceedings under this section, except as otherwise
provided by this subchapter, to be conducted in accordance with the
provisions of Chapter 2001, Government Code. 

(d)  Authorizes any person aggrieved by an order entered under this
section to appeal the order by filing a petition in a district court in
Travis County in accordance with the provisions of Chapter 2001,
Government Code. 

Sec. 2052.303.  CIVIL PENALTY; INJUNCTION.  No changes made to this
section. 

Sec. 2052.304.  PETITION FOR REVIEW.  (a)  Authorizes a person to seek
review of a decision or an order of the executive director or the Texas
Commission of Licensing and Regulation, rather than of the commissioner,
under this chapter by filing a petition for review in a district court in
Travis County.  Deletes deadline for filing. 

(b)  Provides that Chapter 2001, Government Code, governs any proceeding
under this section. 

 Original Sections 2052.305-2052.307 deleted.

Sec. 2052.305. APPEAL.  Redesignated from Section 2052.308.  (a)
Authorizes the petitioner or executive director, rather than the
commissioner, to appeal a final judgment of a court conducting a review
under this subchapter in the same manner as a civil action. 
 
(b)  Provides that the executive director, rather than the commissioner,
is not  required to file an appeal bond. 
 
Sec. 2052.306.  CRIMINAL OFFENSE.   Redesignated from Section 2052.309.
No changes made to this section. 

SECTION 2.  (a)  Effective date:  January 1, 2004, except as provided by
Subsection (b) of this section. 
 
(b)  Provides that Section 2052.201, Occupations Code, as amended by this
Act, takes effect September 1, 2003.