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.