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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of pari-mutuel racing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.03(44), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(44) "Combination" means a combination of races, |
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including a combination of one or more races conducted by one or |
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more racetracks in different racing jurisdictions. |
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SECTION 2. Section 6.06(a), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(a) To preserve and protect the public health, welfare, and |
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safety, the commission shall adopt rules relating to license |
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applications, the financial responsibility, moral character, and |
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ability of applicants, and all matters relating to the planning, |
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construction, and operation of racetracks. The commission may |
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refuse to issue a racetrack license or may revoke or suspend a |
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license if, after notice and hearing, it has reasonable grounds to |
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believe and finds that: |
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(1) the applicant has been convicted in a court of |
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competent jurisdiction of a violation of this Act or any rule |
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adopted by the commission or that the applicant has aided, abetted, |
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or conspired with any person to commit such a violation; |
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(2) the applicant has been convicted of a felony or of |
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any crime involving moral turpitude, including convictions for |
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which the punishment received was a suspended sentence, probation, |
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or a nonadjudicated conviction, that is reasonably related to the |
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applicant's present fitness to hold a license under this Act; |
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(3) the applicant has violated or has caused to be |
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violated this Act or a rule of the commission in a manner that |
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involves moral turpitude, as distinguished from a technical |
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violation of this Act or of a rule; |
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(4) the applicant is unqualified, by experience or |
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otherwise, to perform the duties required of a licensee under this |
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Act; |
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(5) the applicant failed to answer or falsely or |
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incorrectly answered a question in an application; |
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(6) the applicant fails to disclose the true ownership |
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or interest in a greyhound or horse as required by the rules of the |
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commission; |
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(7) the applicant is indebted to the state for any fees |
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or for the payment of a penalty imposed by this Act or by a rule of |
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the commission; |
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(8) the applicant is not of good moral character or the |
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applicant's reputation as a peaceable, law-abiding citizen in the |
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community where the applicant resides is bad; |
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(9) the applicant has not yet attained the minimum age |
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necessary to purchase alcoholic beverages in this state; |
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(10) the applicant is in the habit of using alcoholic |
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beverages to an excess or uses a controlled substance as defined in |
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Chapter 481, Health and Safety Code, or a dangerous drug as defined |
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in Chapter 483, Health and Safety Code, or is mentally |
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incapacitated; |
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(11) the applicant may be excluded from a track |
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enclosure under this Act; |
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(12) [the applicant has not been a United States
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citizen residing in this state for the period of 10 consecutive
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years immediately preceding the filing of the application;
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[(13)] the applicant has improperly used a license |
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certificate, credential, or identification card issued under this |
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Act; |
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(13) [(14)] the applicant is residentially domiciled |
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with a person whose license has been revoked for cause within the 12 |
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months immediately preceding the date of the present application; |
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(14) [(15)] the applicant has failed or refused to |
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furnish a true copy of the application to the commission's district |
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office in the district in which the premises for which the permit is |
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sought are located; |
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(15) [(16)] the applicant is engaged or has engaged in |
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activities or practices that the commission finds are detrimental |
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to the best interests of the public and the sport of greyhound |
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racing or horse racing; or |
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(16) [(17)] the applicant fails to fully disclose the |
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true owners of all interests, beneficial or otherwise, in a |
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proposed racetrack facility. |
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SECTION 3. Section 6.091(e), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(e) The purse set aside under Subsection (c)(4) of this |
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section shall be deposited into an escrow account in the registry of |
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the commission. Any horse racetrack association in this state may |
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apply to the commission for receipt of all or part of the escrowed |
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purse account for use as purses. The commission shall determine to |
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which horse racetracks the escrowed purse account shall be |
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allocated and in what percentages, taking into consideration: |
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(1) purse levels, racing opportunities, and the |
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financial status of the requesting racetrack; or |
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(2) a written agreement executed by the horse |
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racetracks. [The first distribution of the escrowed purse account
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allocated to a racetrack under this section may not be made before
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October 1, 1998.] |
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SECTION 4. Section 7.02(a), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(a) Each person [, other than a spectator or person placing
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a wager,] involved in any capacity with racing with pari-mutuel |
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wagering under this Act must obtain a license under this article, |
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except: |
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(1) a spectator; |
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(2) a person placing a wager; or |
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(3) a person who acts only as a concessionaire. |
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SECTION 5. Section 8.01, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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Sec. 8.01. ALLOCATION. (a) The commission: |
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(1) shall allocate the live and simulcast racing days |
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for the conduct of live and simulcast racing at each racetrack |
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licensed under this Act; |
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(2) may reallocate a race date from one racetrack to |
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another racetrack; and |
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(3) shall adopt rules governing the transfer of purse |
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funds to a racetrack to which the commission reallocates a race date |
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under Subdivision (2) of this subsection. |
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(b) Each racetrack shall accord reasonable access to races |
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for all breeds of horses as determined by the racetrack through |
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negotiations with the representative state breed registry with the |
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final approval of the commission. In granting approval, the |
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commission shall consider the factors of availability of |
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competitive horses, economic feasibility, and public interest. |
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(c) In allocating race dates under this section, the |
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commission shall consider live race dates separately from simulcast |
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race dates. |
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(d) The commission may prohibit Sunday racing unless the |
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prohibition would conflict with another provision of this Act. |
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SECTION 6. Sections 6.06(c) and (d), Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are repealed. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |