|  | 
|  | 
|  | A BILL TO BE ENTITLED | 
|  | AN ACT | 
|  | relating to the creation of the Texas Equine Incentive Program. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Chapter 12, Agriculture Code, is amended by | 
|  | adding Section 12.044 to read as follows: | 
|  | Sec. 12.044.  EQUINE INCENTIVE PROGRAM.  (a)  The department | 
|  | shall create and administer an equine incentive program to provide | 
|  | an incentive for the owners of certain Texas-based horses to enter | 
|  | the horses as participants in horse events in this state.  The | 
|  | program may apply only to the following breeds of horses: | 
|  | (1)  Thoroughbreds; | 
|  | (2)  paint horses; and | 
|  | (3)  quarter horses. | 
|  | (b)  On the filing of an annual report with the applicable | 
|  | breeders' association, the owner of a stallion that has bred more | 
|  | than five mares during the 12-month period preceding the report | 
|  | shall submit a duplicate of the report to the department for the | 
|  | sixth and any subsequent mare bred by the stallion.  An owner | 
|  | required to submit a duplicate breeding report by this subsection | 
|  | shall pay the department an equine incentive program fee in an | 
|  | amount of not less than $30 per mare bred, as determined by the | 
|  | department, in connection with each report submitted to the | 
|  | department. | 
|  | (c)  An owner required by Subsection (b) to submit a | 
|  | duplicate breeding report and equine incentive program fee may | 
|  | elect not to participate in the program by giving written notice to | 
|  | the department not later than the 30th day before the owner's annual | 
|  | breeding report is due to the applicable breeders' association. | 
|  | (d)  Notwithstanding Subsection (b), the owner of a stallion | 
|  | that has bred less than six mares may elect to participate in the | 
|  | program by submitting a duplicate breeding report and paying the | 
|  | equine incentive program fee required by Subsection (b) for each | 
|  | mare bred by the stallion. | 
|  | (e)  The department by rule shall provide for the use of fees | 
|  | collected under Subsection (b) to grant equine incentive awards to | 
|  | the owners of eligible foals that participate in horse events in | 
|  | this state.  A foal is eligible for an incentive award under this | 
|  | section only if an equine incentive program fee has been paid on | 
|  | behalf of the foal's dam. | 
|  | (f)  The department by rule shall establish a point system by | 
|  | which the owner of an eligible foal may receive an equine incentive | 
|  | award based on the foal's participation in horse events held in this | 
|  | state that are sanctioned by the applicable horse breeders' | 
|  | association. | 
|  | SECTION 2.  This Act takes effect September 1, 2009. |