78R5821 SMH-F
By: Pitts H.B. No. 1848
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain combative sports activities;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2052.002, Occupations Code, is amended
by amending Subdivisions (4), (6), and (15) to read as follows:
(4) "Executive director" ["Commissioner"] means the
executive director of the department or the executive director's
[commissioner of licensing and regulation or the commissioner's]
designated representative.
(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 2052.110.
(15) "Ringside physician" means an individual
licensed to practice medicine in this state who is registered with
the department. ["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.]
SECTION 2. Section 2052.052, Occupations Code, is amended
to read as follows:
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 that is imposed by a combative
sports regulatory authority in any state;
(4) establishing practice requirements or specialty
certifications that a person licensed to practice medicine must
meet to be eligible to register as a ringside physician under this
chapter;
(5) requiring each contestant to present to the
executive director on weigh-in an original copy of timely blood
test results that demonstrates that the contestant is free from any
communicable disease and establishing that failure to provide those
blood test results disqualifies the contestant;
(6) requiring each contestant to undergo a physical
examination, including an ophthalmological examination at or near
the time of weigh-in and providing for the disqualification of a
contestant who is determined to be unfit based on the physical
examination; and
(7) establishing reasonable responsibilities for
boxing and wrestling promoters.
SECTION 3. Section 2052.053, Occupations Code, is amended
to read as follows:
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.
SECTION 4. Section 2052.054(a), Occupations Code, is
amended to read as follows:
(a) The executive director [commissioner] may recognize,
prepare, or administer continuing education programs for persons
licensed under this chapter.
SECTION 5. Subchapter B, Chapter 2052, Occupations Code, is
amended by adding Section 2052.055 to read as follows:
Sec. 2052.055. MEDICAL ADVISORY COMMITTEE AUTHORIZED. (a)
The executive director may appoint a medical advisory committee to
advise the department concerning health issues regarding boxing
event contestants.
(b) If the executive director elects to establish a medical
advisory committee, the executive director by rule shall establish:
(1) the number of members composing the advisory
committee;
(2) qualifications for appointment to the advisory
committee; and
(3) the duties of the advisory committee.
SECTION 6. Section 2052.102, Occupations Code, is amended
to read as follows:
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 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.
SECTION 7. Section 2052.107, Occupations Code, is amended
to read as follows:
Sec. 2052.107. OTHER BOXING REQUIREMENTS [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.
SECTION 8. Section 2052.108(a), Occupations Code, is
amended to read as follows:
(a) An application for a license under Section 2052.107 must
be made on a form furnished by the executive director
[commissioner].
SECTION 9. Section 2052.110, Occupations Code, 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 [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.
SECTION 10. Section 2052.111, Occupations Code, is amended
to read as follows:
Sec. 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.
SECTION 11. Section 2052.112, Occupations Code, is amended
to read as follows:
Sec. 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.
SECTION 12. Subchapter C, Chapter 2052, Occupations Code,
is amended by adding Sections 2052.114, 2052.115, and 2052.116 to
read as follows:
Sec. 2052.114. TERM; RENEWAL. (a) A license,
registration, or permit issued under this chapter is valid until
the first anniversary of the date of issuance.
(b) The holder of a license, registration, or permit issued
under this chapter may renew the license, registration, or permit
by paying the renewal fee and complying with other renewal
requirements as prescribed by department rule before the expiration
date. The department shall issue a renewal certificate to the
holder at the time of renewal.
Sec. 2052.115. PROMOTER RESPONSIBILITIES. For each
promoted event, a promoter shall:
(1) ensure that each contestant scheduled to
participate in the event is appropriately licensed at least 72
hours before the event is scheduled to begin;
(2) ensure that an ambulance, serviced by at least two
emergency medical technicians, is on the premises of the promoted
event;
(3) ensure that each contestant has submitted to the
required physical examination in compliance with rules adopted
under this chapter; and
(4) comply with any other applicable rules adopted by
the executive director or the commission.
Sec. 2052.116. RIGHT TO HEARING. If an applicant for a
license is denied a license based on a sanction, medical
suspension, or disqualification imposed on the applicant by a
combative sports regulatory authority in another state, the
applicant is entitled to a hearing as prescribed by rules adopted
under this chapter.
SECTION 13. Section 2052.151(a), Occupations Code, 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), [or] (4), or (5), in which a fee is charged for
admission to the event.
SECTION 14. Section 2052.152(a), Occupations Code, is
amended to read as follows:
(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
deductions for commissions, brokerage fees, distribution fees,
advertising, or other expenses or charges; and
(4) the amount of gross receipts obtained from the
event.
SECTION 15. Section 2052.251, Occupations Code, 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 executive
director [commissioner] by rule requires or permits a contestant to
wear heavier gloves.
SECTION 16. Sections 2052.252(a), (b), and (e), Occupations
Code, are amended to read as follows:
(a) This section applies to an amateur boxing event, other
than events exempted under Section 2052.110(2), (3), (4), or (5)
[an 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.
(e) The event is subject to the supervision of the executive
director [commissioner].
SECTION 17. Subchapter F, Chapter 2052, Occupations Code,
is amended by adding Section 2052.254 to read as follows:
Sec. 2052.254. ELIMINATION TOURNAMENTS PROHIBITED. An
elimination tournament may not be conducted in this state.
SECTION 18. The heading to Subchapter G, Chapter 2052,
Occupations Code, is amended to read as follows:
SUBCHAPTER G. DISCIPLINARY PROCEDURES; PENALTIES [CRIMINAL
OFFENSE]
SECTION 19. Section 2052.301, Occupations Code, is amended
to read as follows:
Sec. 2052.301. ADMINISTRATIVE PENALTIES; SANCTIONS
[REVOCATION AND SUSPENSION OF LICENSE OR PERMIT]. On a
determination of a violation of [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, or a rule adopted under Chapter 51, the executive
director or commission may impose:
(1) an administrative penalty under Subchapter F,
Chapter 51; or
(2) an administrative sanction under Subchapter G,
Chapter 51.
SECTION 20. Subchapter G, Chapter 2052, Occupations Code,
is amended by adding Section 2052.3015 to read as follows:
Sec. 2052.3015. PROMOTER PENALTY FOR LATE LICENSE. A
promoter who does not comply with Section 2052.115(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.
SECTION 21. Section 2052.302, Occupations Code, is amended
to read as follows:
Sec. 2052.302. WITHHOLDING OF PURSE; FORFEITURE OF PURSE;
HEARING. (a) The executive director [commissioner] may order a
promoter [boxer or manager] to surrender to the department 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 deliver a purse or funds subject to
Subsection (a) to the executive director on demand. Not later than
the fifth business day before the scheduled date of the event, the
department shall send written notice to the promoter and any other
person from whom a sum was withheld stating the date of a hearing to
determine whether all or part of the purse or funds 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.
(c) Not later than the 10th day after the date of the
hearing, the executive director shall enter an order determining
whether all or part of the purse or funds are forfeited. The order
must include a statement of the findings of fact and the conclusions
of law on which the order is based.
(d) The department shall distribute any purse or funds not
forfeited to the persons who are entitled to receive them.
(e) Except as otherwise provided by this section, a
proceeding under this section is subject to the contested case
provisions of Chapter 2001, Government Code.
(f) A person aggrieved by an order entered under this
section may appeal the order to a district court in Travis County in
the manner provided by Chapter 2001, Government Code.
SECTION 22. Section 2052.304, Occupations Code, is amended
to read as follows:
Sec. 2052.304. PETITION FOR REVIEW. (a) A person may seek
review of a decision or an order of the executive director or
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, applies to 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.]
SECTION 23. Section 2052.308, Occupations Code, is amended
to read as follows:
Sec. 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.
SECTION 24. The following laws are repealed:
(1) Sections 2052.002(3), (7), (8), and (12),
Occupations Code;
(2) Sections 2052.103, 2052.104, 2052.154, 2052.305,
2052.306, and 2052.307, Occupations Code; and
(3) Subchapter E, Chapter 2052, Occupations Code.
SECTION 25. Section 2052.254, Occupations Code, as added
by this Act, applies to an elimination tournament scheduled to
occur on or after the effective date of this Act. 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 26. Section 2052.302, Occupations Code, as amended
by this Act, applies to a forfeiture imposed on or after the
effective date of this Act. 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.
SECTION 27. This Act takes effect September 1, 2003.