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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of stewards or judges to impose penalties |
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under the Texas Racing Act; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.07(b), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(b) The commission shall make rules specifying the |
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authority and the duties of each official, including the power of |
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stewards or judges to impose penalties for unethical practices or |
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violations of racing rules. A penalty imposed by the stewards or |
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judges may include a fine of not more than $25,000 [$5,000], a |
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suspension for not more than five years [one year], or both a fine |
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and suspension. Before imposing a penalty under this subsection, |
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the stewards and judges shall conduct a hearing that is consistent |
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with constitutional due process. A hearing conducted by a steward |
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or judge under this subsection is not subject to Chapter 2001, |
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Government Code. A decision of a steward or judge is subject to |
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review by the executive director, who may modify the penalty. A |
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penalty modified by the executive director under this section may |
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include a fine not to exceed $100,000 [$10,000], a suspension not to |
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exceed five [two] years, or both a fine and a suspension. A |
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decision of a steward or judge that is not reviewed or modified by |
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the executive director is a final decision. Any decision of a |
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steward or judge may be appealed under Section 3.08(a) of this Act |
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regardless of whether the decision is modified by the executive |
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director. |
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SECTION 2. The changes in law made by this Act apply only to |
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a penalty imposed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |