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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the Texas Racing Commission and the |
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transfer of its powers and duties to the Texas Commission of |
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Licensing and Regulation; providing penalties; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TRANSFER OF DUTIES TO TEXAS COMMISSION OF LICENSING AND |
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REGULATION |
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SECTION 1.01. Section 1.03, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by amending Subdivisions |
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(3), (5), and (79) and adding Subdivisions (82), (83), and (84) to |
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read as follows: |
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(3) "Commission" means the Texas [Racing] Commission |
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of Licensing and Regulation. |
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(5) "Executive secretary" means the director |
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[executive secretary] of the racing division [Texas Racing
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Commission]. |
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(79) "Executive director" means the executive |
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director [secretary] of the commission [Texas Racing Commission]. |
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(82) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(83) "Director" means the director of the racing |
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division. |
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(84) "Racing division" means the division of the |
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department assigned to oversee horse and greyhound racing. |
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SECTION 1.02. The heading to Article 2, Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), is amended to read |
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as follows: |
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[TEXAS] RACING DIVISION [COMMISSION] |
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SECTION 1.03. Sections 2.12, 2.13, 2.14, and 2.15, Texas |
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Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
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amended to read as follows: |
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Sec. 2.12. DIRECTOR [EXECUTIVE SECRETARY]; EMPLOYEES. (a) |
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The commission shall employ a director of the racing division [an
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executive secretary] and other employees as necessary to administer |
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this Act. |
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[(a-1)
The commission and the executive secretary may use
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the title "executive director" for any purpose in referring to the
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office of executive secretary.] |
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(b) The racing division [commission] may not employ or |
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continue to employ a person: |
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(1) who owns or controls a financial interest in a |
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licensee of the racing division [commission]; |
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(2) who is employed by or serves as a paid consultant |
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to a licensee of the racing division [commission], an official |
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breed registry, or a Texas trade association[, as defined by
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Section 2.071(c) of this Act,] in the field of horse or greyhound |
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racing or breeding; |
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(3) who owns or leases a race animal that participates |
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in pari-mutuel racing in this state; or |
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(4) who accepts or is entitled to any part of the purse |
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or Texas-bred incentive award to be paid on a greyhound or a horse |
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in a race conducted in this state. |
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(c) The racing division [commission] may not employ or |
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continue to employ a person who is residentially domiciled with or |
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related within the first degree by affinity or consanguinity to a |
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person who is subject to a disqualification prescribed by |
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Subsection (b) of this section. |
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(d) The commission shall employ the director [executive
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secretary] and other employees to reflect the diversity of the |
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population of the state as regards race, color, handicap, sex, |
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religion, age, and national origin. |
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Sec. 2.13. DIRECTOR [EXECUTIVE SECRETARY]; DUTIES. The |
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director [executive secretary] shall keep the records of the racing |
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division [commission] and shall perform other duties as required by |
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the commission. The director [executive secretary] serves at the |
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pleasure of the commission on a full-time basis and may not hold |
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other employment. |
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Sec. 2.14. LEGAL REPRESENTATION. The attorney general |
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shall designate at least one member of the attorney general's staff |
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to counsel and advise the racing division [commission] and to |
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represent the racing division [commission] in legal proceedings. |
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The attorney general shall make available to the appropriate |
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prosecuting attorneys any information obtained regarding |
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violations of this Act. |
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Sec. 2.15. RECORDS. All records of the racing division |
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[commission] that are not made confidential by other law are open to |
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inspection by the public during regular office hours. All |
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applications for a license under this Act shall be maintained by the |
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department [commission] and shall be available for public |
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inspection during regular office hours. The contents of the |
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investigatory files of the department [commission], however, are |
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not public records and are confidential except in a criminal |
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proceeding, in a hearing conducted by the department [commission], |
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on court order, or with the consent of the party being investigated. |
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SECTION 1.04. Section 2.16(b), 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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(b) An investigation report or other document submitted by |
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the Department of Public Safety to the racing division [commission] |
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becomes part of the investigative files of the racing division |
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[commission] and is subject to discovery by a person that is the |
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subject of the investigation report or other document submitted by |
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the Department of Public Safety to the racing division [commission] |
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that is part of the investigative files of the department |
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[commission]. |
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SECTION 1.05. Sections 3.02(a), (b), (d), and (g), Texas |
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Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
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amended to read as follows: |
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(a) The commission shall regulate and the department shall |
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supervise every race meeting in this state involving wagering on |
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the result of greyhound or horse racing. All persons and things |
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relating to the operation of those meetings are subject to |
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regulation and supervision by the commission and department. The |
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commission shall adopt rules for conducting greyhound or horse |
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racing in this state involving wagering and shall adopt other rules |
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to administer this Act that are consistent with this Act. The |
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commission or department, as applicable, shall also make rules, |
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issue licenses, and take any other necessary action relating |
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exclusively to horse racing or to greyhound racing. |
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(b) The department [commission] may establish separate |
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sections to review or propose rules of the commission. |
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(d) The department [commission] shall post notice of a |
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meeting under Subsection (c) of this section at each racetrack |
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facility. The notice shall include an agenda of the meeting and a |
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summary of the proposed rule. |
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(g) The commission, in adopting rules, and the department, |
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in the supervision and conduct of racing, shall consider the effect |
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of a proposed commission or department action on the state's |
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agricultural, horse breeding, horse training, greyhound breeding, |
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and greyhound training industry. |
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SECTION 1.06. Sections 3.021(a) and (c), Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
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as follows: |
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(a) Any provision in this Act to the contrary |
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notwithstanding, the department [commission] may license and |
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regulate all aspects of greyhound racing and horse racing in this |
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state, whether or not that racing involves pari-mutuel wagering. |
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(c) The department [commission] may charge an annual fee for |
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licensing and regulating a racetrack that does not offer |
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pari-mutuel wagering or a training facility in a reasonable amount |
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that may not exceed the actual cost of enforcing rules adopted for |
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the licensing and regulation of races and workouts at such a |
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facility. |
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SECTION 1.07. Sections 3.03 and 3.04, Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
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as follows: |
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Sec. 3.03. POWER OF ENTRY. A member of the commission, an |
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authorized agent of the commission or department, a commissioned |
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officer of the Department of Public Safety, or a peace officer of |
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the local jurisdiction in which the association maintains a place |
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of business may enter any part of the racetrack facility or any |
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other place of business of an association at any time for the |
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purpose of enforcing and administering this Act. |
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Sec. 3.04. REQUIREMENT OF BOOKS AND RECORDS; FINANCIAL |
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STATEMENTS. The department [commission] shall require |
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associations, managers, totalisator licensees, and concessionaires |
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to keep books and records and to submit financial statements to the |
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department [commission]. The commission shall adopt reasonable |
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rules relating to those matters. |
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SECTION 1.08. Sections 3.07(a), (c), and (d), Texas Racing |
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Act (Article 179e, Vernon's Texas Civil Statutes), are amended to |
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read as follows: |
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(a) The department [commission] shall employ all of the |
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judges and all of the stewards for the supervision of a horse race |
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or greyhound race meeting. Each horse race or greyhound race |
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meeting shall be supervised by three stewards for horse racing or by |
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three judges for greyhound racing. The department [commission] |
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shall designate one of the stewards or judges as the presiding |
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steward or judge for each race meeting. The association, following |
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the completion of the race meeting, may submit written comments to |
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the department [commission] regarding the job performance of the |
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stewards and judges for the department's [commission's] review. |
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Comments received are not binding, in any way, on the department |
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[commission]. For each race meeting, the department [commission] |
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shall employ at least one state veterinarian. The commission may, |
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by rule, impose a fee on an association to offset the costs of |
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compensating the stewards, judges, and state veterinarians. The |
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amount of the fee for the compensation of stewards, judges, and |
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state veterinarians must be reasonable according to industry |
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standards for the compensation of those officials at other |
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racetracks and may not exceed the actual cost to the department |
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[commission] for compensating the officials. All other racetrack |
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officials shall be appointed by the association, with the approval |
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of the department [commission]. Compensation for those officials |
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not compensated by the department [commission] shall be determined |
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by the association. |
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(c) The department [commission] shall require each steward |
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or judge to take and pass both a written examination and a medical |
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examination annually. The commission by rule shall prescribe the |
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methods and procedures for taking the examinations and the |
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standards for passing. Failure to pass an examination is a ground |
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for refusal to issue an original or renewal license to a steward or |
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judge or for suspension or revocation of such a license. |
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(d) Medication or drug testing performed on a race animal |
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under this Act shall be conducted by the Texas Veterinary Medical |
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Diagnostic Laboratory or by a laboratory operated by or in |
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conjunction with or by a private or public agency selected by the |
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department [commission] after consultation with the Texas |
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Veterinary Medical Diagnostic Laboratory. Medication or drug |
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testing performed on a human under this Act shall be conducted by a |
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laboratory approved by the department [commission]. Charges for |
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services performed under this section shall be forwarded to the |
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department [commission] for approval as to the reasonableness of |
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the charges for the services. Charges may include but are not |
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limited to expenses incurred for travel, lodging, testing, and |
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processing of test results. The reasonable charges associated with |
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medication or drug testing conducted under this Act shall be paid by |
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the association that receives the services. The commission shall |
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adopt rules for the procedures for approving and paying laboratory |
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charges under this section. The department [commission] shall |
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determine whether the laboratory charges are reasonable in relation |
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to industry standards by periodically surveying the drug testing |
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charges of comparable laboratories in the United States. The |
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department [commission] shall forward a copy of the charges to the |
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association that receives the services for immediate payment. |
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SECTION 1.09. Section 3.08(a), 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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(a) Except as provided by Subsection (b) of this section, a |
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final decision of the stewards or judges may be appealed to the |
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department [commission] in the manner provided for a contested case |
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under Chapter 2001, Government Code [the Administrative Procedure
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and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
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Statutes)]. |
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SECTION 1.10. Section 3.09(b), 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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(b) The department [commission] shall deposit the money it |
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collects under this Act in the State Treasury to the credit of a |
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special fund to be known as the Texas racing [Racing Commission] |
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fund. The Texas racing [Racing Commission] fund may be |
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appropriated only for the administration and enforcement of this |
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Act. Any unappropriated money exceeding $750,000 that remains in |
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the fund at the close of each fiscal biennium shall be transferred |
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to the General Revenue Fund and may be appropriated for any legal |
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purpose. The legislature may also appropriate money from the |
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General Revenue Fund for the administration and enforcement of this |
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Act. Any amount of general revenue appropriated for the |
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administration and enforcement of this Act in excess of the |
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cumulative amount deposited in the Texas racing [Racing Commission] |
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fund shall be reimbursed from the Texas racing [Racing Commission] |
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fund not later than one year after the date on which the general |
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revenue funds are appropriated, with 6-3/4 percent interest with |
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all payments first attributable to interest. |
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SECTION 1.11. Sections 3.10 and 3.11, Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
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as follows: |
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Sec. 3.10. ANNUAL REPORT. The racing division [commission] |
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shall make a report to the governor, lieutenant governor, and |
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speaker of the house of representatives not later than January 31 of |
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each year. The report shall cover the operations of the racing |
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division [commission] and the condition of horse breeding and |
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racing and greyhound breeding and racing during the previous year. |
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The racing division [commission] shall also obtain from the |
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Department of Public Safety a comprehensive report of any organized |
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crime activities in this state which the Department of Public |
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Safety [department] may wish to report and information concerning |
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any and all illegal gambling which may be known to exist in the |
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state and shall include the report by the Department of Public |
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Safety [department] in its report and shall include any |
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recommendations it considers appropriate. |
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Sec. 3.11. COOPERATION WITH PEACE OFFICERS. The commission |
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and the racing division shall cooperate with all district |
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attorneys, criminal district attorneys, county attorneys, the |
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Department of Public Safety, the attorney general, and all peace |
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officers in enforcing this Act. Under its authority to conduct |
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criminal history information record checks under this Act or |
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Section 51.4012, Occupations Code [5.04 of this Act], the racing |
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division [commission] shall maintain and exchange pertinent |
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intelligence data with other states and agencies. |
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SECTION 1.12. Section 3.13(b), 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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(b) The department [commission] may recognize an |
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organization that meets the requirements of Subsection (a) of this |
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section. |
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SECTION 1.13. Sections 3.16(b), (d), (e), (f), and (j), |
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Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
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amended to read as follows: |
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(b) The department [commission] shall require testing to |
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determine whether a prohibited substance has been used. The |
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testing may be prerace or postrace as determined by the department |
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[commission]. The testing may be by an invasive or noninvasive |
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method. The commission's rules shall require state-of-the-art |
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testing methods. |
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(d) Except as otherwise provided, a person may appeal a |
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ruling of the stewards or judges to the department [commission]. |
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The department [commission] may stay a suspension during the period |
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the matter is before the department [commission]. |
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(e) The department [commission] may require urine samples |
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to be frozen for a period necessary to allow any follow-up testing |
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to detect and identify a prohibited substance. Any other specimen |
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shall be maintained for testing purposes in a manner required by |
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commission rule. |
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(f) If a test sample or specimen shows the presence of a |
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prohibited substance, the entire sample, including any split |
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portion remaining in the custody of the department [commission], |
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shall be maintained until final disposition of the matter. |
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(j) A person who violates a rule adopted under this section |
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may: |
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(1) have any license issued to the person by the racing |
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division [commission] revoked or suspended; or |
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(2) be barred for life or any other period from |
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applying for or receiving a license issued by the racing division |
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[commission] or entering any portion of a racetrack facility. |
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SECTION 1.14. Sections 3.17 through 3.21, Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
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as follows: |
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Sec. 3.17. SECURITY FOR FEES AND CHARGES. The department |
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[commission] may require an association to post security in an |
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amount and form determined by the commission to adequately ensure |
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the payment of any fees or charges due to the state or the |
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department [commission] relating to pari-mutuel racing, including |
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charges for drug testing. |
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Sec. 3.18. CEASE AND DESIST ORDER. (a) The executive |
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director [secretary] may issue a cease and desist order if the |
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executive director [secretary] reasonably believes an association |
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or other licensee is engaging or is likely to engage in conduct that |
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violates this Act or a commission rule. |
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(b) On issuance of a cease and desist order, the executive |
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director [secretary] shall serve on the association or other |
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licensee by personal delivery or registered or certified mail, |
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return receipt requested, to the person's last known address, a |
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proposed cease and desist order. The proposed order must state the |
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specific acts or practices alleged to violate this Act or a |
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commission rule. The proposed order must state its effective date. |
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The effective date may not be before the 21st day after the date the |
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proposed order is mailed or delivered. If the person against whom |
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the proposed order is directed requests, in writing, a hearing |
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before the effective date of the proposed order, the order is |
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automatically stayed pending final adjudication of the order. |
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Unless the person against whom the proposed order is directed |
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requests, in writing, a hearing before the effective date of the |
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proposed order, the order takes effect and is final and |
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nonappealable as to that person. |
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(c) On receiving a request for a hearing, the executive |
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director [secretary] shall serve notice of the time and place of the |
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hearing by personal delivery or registered or certified mail, |
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return receipt requested. At a hearing, the department |
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[commission] has the burden of proof and must present evidence in |
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support of the order. Each person against whom the order is |
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directed may cross-examine and show cause why the order should not |
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be issued. |
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(d) After the hearing, the department [commission] shall |
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issue or decline to issue a cease and desist order. The proposed |
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order may be modified as necessary to conform to the findings at the |
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hearing. An order issued under this section is final for purposes |
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of enforcement and appeal and shall require the person to |
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immediately cease and desist from the conduct that violates this |
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Act or a commission rule. |
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(e) A person affected by a cease and desist order issued, |
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affirmed, or modified after a hearing may file a petition for |
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judicial review in a district court of Travis County under Chapter |
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2001, Government Code. A petition for judicial review does not stay |
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or vacate the order unless the court, after hearing, specifically |
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stays or vacates the order. |
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Sec. 3.19. EMERGENCY CEASE AND DESIST ORDER. (a) The |
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executive director [secretary] may issue an emergency cease and |
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desist order if the executive director [secretary] reasonably |
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believes an association or other licensee is engaged in a |
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continuing activity that violates this Act or a commission rule in a |
|
manner that threatens immediate and irreparable public harm. |
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(b) After issuing an emergency cease and desist order, the |
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executive director [secretary] shall serve on the association or |
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other licensee by personal delivery or registered or certified |
|
mail, return receipt requested, to the person's last known address, |
|
an order stating the specific charges and requiring the person |
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immediately to cease and desist from the conduct that violates this |
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Act or a commission rule. The order must contain a notice that a |
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request for hearing may be filed under this section. |
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(c) An association or other licensee that is the subject of |
|
an emergency cease and desist order may request a hearing. The |
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request must be filed with the executive director [secretary] not |
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later than the 10th day after the date the order was received or |
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delivered. A request for a hearing must be in writing and directed |
|
to the executive director [secretary] and must state the grounds |
|
for the request to set aside or modify the order. Unless a person |
|
who is the subject of the emergency order requests a hearing in |
|
writing before the 11th day after the date the order is received or |
|
delivered, the emergency order is final and nonappealable as to |
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that person. |
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(d) On receiving a request for a hearing, the executive |
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director [secretary] shall serve notice of the time and place of the |
|
hearing by personal delivery or registered or certified mail, |
|
return receipt requested. The hearing must be held not later than |
|
the 10th day after the date the executive director [secretary] |
|
receives the request for a hearing unless the parties agree to a |
|
later hearing date. At the hearing, the department [commission] |
|
has the burden of proof and must present evidence in support of the |
|
order. The person requesting the hearing may cross-examine |
|
witnesses and show cause why the order should not be affirmed. |
|
Section 2003.021(b), Government Code, does not apply to hearings |
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conducted under this section. |
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(e) An emergency cease and desist order continues in effect |
|
unless the order is stayed by the executive director [secretary]. |
|
The executive director [secretary] may impose any condition before |
|
granting a stay of the order. |
|
(f) After the hearing, the executive director [secretary] |
|
shall affirm, modify, or set aside in whole or part the emergency |
|
cease and desist order. An order affirming or modifying the |
|
emergency cease and desist order is final for purposes of |
|
enforcement and appeal. |
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Sec. 3.20. VIOLATION OF FINAL CEASE AND DESIST ORDER. (a) |
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If the executive director [secretary] reasonably believes that a |
|
person has violated a final and enforceable cease and desist order, |
|
the executive director [secretary] may: |
|
(1) initiate administrative penalty proceedings under |
|
Article 15 of this Act; |
|
(2) refer the matter to the attorney general for |
|
enforcement by injunction and any other available remedy; or |
|
(3) pursue any other action, including suspension of |
|
the person's license, that the executive director [secretary] |
|
considers appropriate. |
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(b) If the attorney general prevails in an action brought |
|
under Subsection (a)(2) of this section, the attorney general is |
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entitled to recover reasonable attorney's fees. |
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Sec. 3.21. INJUNCTION. The department [commission] may |
|
institute an action in its own name to enjoin the violation of this |
|
Act. An action for an injunction is in addition to any other |
|
action, proceeding, or remedy authorized by law. |
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SECTION 1.15. Section 3.22(b), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) The executive director [secretary] may issue an order |
|
prohibiting the association from making any transfer from a bank |
|
account held by the association for the conduct of its business |
|
under this Act, pending department [commission] review of the |
|
records of the account, if the executive director [secretary] |
|
reasonably believes that the association has failed to maintain the |
|
proper amount of money in the horsemen's account. The executive |
|
director [secretary] shall provide in the order a procedure for the |
|
association to pay certain expenses necessary for the operation of |
|
the racetrack, subject to the executive director's [secretary's] |
|
approval. An order issued under this section may be made valid for |
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a period not to exceed 14 days. |
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SECTION 1.16. Sections 4.01, 4.05, 5.01, 5.02, 5.03, 5.04, |
|
5.05, and 6.01, Texas Racing Act (Article 179e, Vernon's Texas |
|
Civil Statutes), are amended to read as follows: |
|
Sec. 4.01. BOOKS AND RECORDS. All books, records, and |
|
financial statements required by the department [commission] under |
|
Section 3.04 of this Act are open to inspection by the comptroller. |
|
The comptroller by rule may specify the form and manner in which the |
|
books, records, and statements are to be kept and reports are to be |
|
filed that relate to the state's share of a pari-mutuel pool. |
|
Sec. 4.05. COMPLIANCE. (a) If an association or |
|
totalisator company does not comply with a rule adopted by the |
|
comptroller under this article, refuses to allow access to or |
|
inspection of any of its required books, records, or financial |
|
statements, refuses to allow access to or inspection of the |
|
totalisator system, or becomes delinquent for the state's portion |
|
of the pari-mutuel pool or for any other tax collected by the |
|
comptroller, the comptroller shall certify that fact to the |
|
department [commission]. |
|
(b) With regard to the state's portion of the pari-mutuel |
|
pool and any penalties related to the state's portion, the |
|
comptroller, acting independently of the department [commission], |
|
may take any collection or enforcement actions authorized under the |
|
Tax Code against a delinquent or dilatory taxpayer. Administrative |
|
appeals related to the state's portion of the pari-mutuel pool or |
|
late reporting or deposit of the state's portion shall be to the |
|
comptroller and then to the courts as under Title 2, Tax Code. All |
|
other administrative appeals shall be to the commission and then to |
|
the courts. |
|
Sec. 5.01. FORM; CERTIFICATE; FEES. (a) The department |
|
[commission] shall prescribe forms for applications for licenses |
|
and shall provide each occupational licensee with a license |
|
certificate or credentials. |
|
(b) The department [commission] shall annually prescribe |
|
reasonable license fees for each category of license issued under |
|
this Act. |
|
(c) The operation of a racetrack and the participation in |
|
racing are privileges, not rights, granted only by the department |
|
[commission] by license and subject to reasonable and necessary |
|
conditions set by the department and commission. |
|
(d) The commission by rule shall set fees in amounts |
|
reasonable and necessary to cover the department's [commission's] |
|
costs of regulating, overseeing, and licensing live and simulcast |
|
racing at racetracks. |
|
Sec. 5.02. JUDICIAL REVIEW. (a) Judicial review of an |
|
order of the department or commission is under the substantial |
|
evidence rule. |
|
(b) Venue for judicial review of an order of the department |
|
or commission is in a district court in Travis County. |
|
Sec. 5.03. FINGERPRINTS. (a) An applicant for any license |
|
or license renewal under this Act must, except as allowed under |
|
Section 7.10 of this Act, submit to the racing division |
|
[commission] a complete set of fingerprints of the individual |
|
natural person applying for the license or license renewal or, if |
|
the applicant is not an individual natural person, a complete set of |
|
fingerprints of each officer or director and of each person owning |
|
an interest of at least five percent in the applicant. The |
|
Department of Public Safety may request any person owning any |
|
interest in an applicant for a racetrack license to submit a |
|
complete set of fingerprints. |
|
(b) If a complete set of fingerprints is required by the |
|
racing division [commission], the racing division [commission] |
|
shall, not later than the 10th business day after the date the |
|
racing division [commission] receives the prints, forward the |
|
prints to the Department of Public Safety or the Federal Bureau of |
|
Investigation. If the prints are forwarded to the Department of |
|
Public Safety, the Department of Public Safety [department] shall |
|
classify the prints and check them against its fingerprint files |
|
and shall report to the racing division [commission] its findings |
|
concerning the criminal record of the applicant or the lack of such |
|
a record. A racetrack license may not be issued until the report is |
|
made to the racing division [commission]. A temporary |
|
occupational license may be issued before a report is made to the |
|
racing division [commission]. |
|
(c) A peace officer of this or any other state, or any |
|
district office of the racing division [commission], shall take the |
|
fingerprints of an applicant for a license or license renewal on |
|
forms approved and furnished by the Department of Public Safety and |
|
shall immediately deliver them to the racing division [commission]. |
|
Sec. 5.04. ACCESS TO CRIMINAL HISTORY RECORDS. In addition |
|
to any other authorizations to obtain criminal history record |
|
information provided by law, the department [(a) The commission] |
|
is authorized to obtain any criminal history record information |
|
that relates to each applicant for employment by the racing |
|
division [commission] and to each applicant for a license issued by |
|
the racing division [commission] and that is maintained by the |
|
Department of Public Safety or the Federal Bureau of Investigation |
|
Identification Division. The racing division [commission] may |
|
refuse to recommend an applicant who fails to provide a complete set |
|
of fingerprints. |
|
Sec. 5.05. COST OF CRIMINAL HISTORY CHECK. (a) The |
|
department or commission shall, in determining the amount of a |
|
license fee, set the fee in an amount that will cover, at least, the |
|
cost of conducting a criminal history check on the applicant for a |
|
license. |
|
(b) The racing division [commission] shall reimburse the |
|
Department of Public Safety for the cost, if any, of conducting a |
|
criminal history check under this article. |
|
Sec. 6.01. LICENSE REQUIRED. A person may not conduct |
|
wagering on a greyhound race or a horse race meeting without first |
|
obtaining a racetrack license from the department [commission]. A |
|
person who violates this section commits an offense. |
|
SECTION 1.17. Sections 6.02(b), (c), (f), and (g), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(b) A class 1 racetrack is a racetrack on which live racing |
|
is conducted for a number of days in a calendar year, the number of |
|
days and the actual dates to be determined by the department |
|
[commission] under Article 8 of this Act. A class 1 racetrack may |
|
operate only in a county with a population of not less than 1.3 |
|
million, or in a county adjacent to a county with such a population. |
|
Not more than three class 1 racetracks may be licensed and operated |
|
in this state. |
|
(c) A class 2 racetrack is a racetrack on which live racing |
|
is conducted for a number of days to be determined by the department |
|
[commission] under Article 8 of this Act. A class 2 racetrack is |
|
entitled to conduct 60 days of live racing in a calendar year. An |
|
association may request additional or fewer days of live racing. If |
|
after receipt of a request from an association the department |
|
[commission] determines additional or fewer days to be economically |
|
feasible and in the best interest of the state and the racing |
|
industry, the department [commission] shall grant the additional or |
|
fewer days. The department [commission] may permit an association |
|
that holds a class 2 racetrack license and that is located in a |
|
national historic district to conduct horse races for more than 60 |
|
days in a calendar year. |
|
(f) The number of race dates allowed under this section |
|
relates only to live race dates. A racetrack may present simulcast |
|
races on other dates as approved by the department [commission]. |
|
(g) A class 4 racetrack is a racetrack operated by a county |
|
fair under Section 12.03 of this Act. An association that holds a |
|
class 4 racetrack license may conduct live races for a number of |
|
days not to exceed five days in a calendar year on dates selected by |
|
the association and approved by the department [commission]. |
|
SECTION 1.18. Sections 6.03(a), (b), (e), and (h), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(a) The department [commission] shall require each |
|
applicant for an original racetrack license to pay the required |
|
application fee and to submit an application, on a form prescribed |
|
by the department [commission], containing the following |
|
information: |
|
(1) if the applicant is an individual, the full name of |
|
the applicant, the applicant's date of birth, a physical |
|
description of the applicant, the applicant's current address and |
|
telephone number, and a statement by the applicant disclosing any |
|
arrest or conviction for a felony or for a misdemeanor, except a |
|
misdemeanor under Subtitle C, Title 7, Transportation Code, [the
|
|
Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
|
|
Texas Civil Statutes)] or a similar misdemeanor traffic offense; |
|
(2) if the applicant is a corporation: |
|
(A) the state in which it is incorporated, the |
|
names and addresses of the corporation's agents for service of |
|
process in this state, the names and addresses of its officers and |
|
directors, the names and addresses of its stockholders, and, for |
|
each individual named under this subdivision, the individual's date |
|
of birth, current address and telephone number, and physical |
|
description, and a statement disclosing any arrest or conviction |
|
for a felony or for a misdemeanor, except a misdemeanor under |
|
Subtitle C, Title 7, Transportation Code, [the Uniform Act
|
|
Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
|
|
Statutes)] or a similar misdemeanor traffic offense; and |
|
(B) identification of any other beneficial owner |
|
of shares in the applicant that bear voting rights, absolute or |
|
contingent, any other person that directly or indirectly exercises |
|
any participation in the applicant, and any other ownership |
|
interest in the applicant that the applicant making its best effort |
|
is able to identify; |
|
(3) if the applicant is an unincorporated business |
|
association: |
|
(A) the names and addresses of each of its |
|
members and, for each individual named under this subdivision, the |
|
individual's date of birth, current address and telephone number, |
|
and physical description, and a statement disclosing any arrest or |
|
conviction for a felony or for a misdemeanor, except a misdemeanor |
|
under Subtitle C, Title 7, Transportation Code, [the Uniform Act
|
|
Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
|
|
Statutes)] or a similar misdemeanor traffic offense; and |
|
(B) identification of any other person that |
|
exercises voting rights in the applicant or that directly or |
|
indirectly exercises any participation in the applicant and any |
|
other ownership interest in the applicant that the applicant making |
|
its best effort is able to identify; |
|
(4) the exact location at which a race meeting is to be |
|
conducted; |
|
(5) if the racing facility is in existence, whether it |
|
is owned by the applicant and, if leased to the applicant, the name |
|
and address of the owner and, if the owner is a corporation or |
|
unincorporated business association, the names and addresses of its |
|
officers and directors, its stockholders and members, if any, and |
|
its agents for service of process in this state; |
|
(6) if construction of the racing facility has not |
|
been initiated, whether it is to be owned by the applicant and, if |
|
it is to be leased to the applicant, the name and address of the |
|
prospective owner and, if the owner is a corporation or |
|
unincorporated business association, the names and addresses of its |
|
officers and directors, the names and addresses of its |
|
stockholders, the names and addresses of its members, if any, and |
|
the names and addresses of its agents for service of process in this |
|
state; |
|
(7) identification of any other beneficial owner of |
|
shares that bear voting rights, absolute or contingent, in the |
|
owner or prospective owner of the racing facility, or any other |
|
person that directly or indirectly exercises any participation in |
|
the owner or prospective owner and all other ownership interest in |
|
the owner or prospective owner that the applicant making its best |
|
effort is able to identify; |
|
(8) a detailed statement of the assets and liabilities |
|
of the applicant; |
|
(9) the kind of racing to be conducted and the dates |
|
requested; |
|
(10) proof of residency as required by Section 6.06 of |
|
this Act; |
|
(11) a copy of each management, concession, and |
|
totalisator contract dealing with the proposed license at the |
|
proposed location in which the applicant has an interest for |
|
inspection and review by the department [commission]; the applicant |
|
or licensee shall advise the department [commission] of any change |
|
in any management, concession, or totalisator contract; all |
|
management, concession, and totalisator contracts must have prior |
|
approval of the department [commission]; the same fingerprint, |
|
criminal records history, and other information required of license |
|
applicants pursuant to Sections 5.03 and 5.04 and Subdivisions (1) |
|
through (3) of this subsection shall be required of proposed |
|
totalisator firms, concessionaires, and managers and management |
|
firms; and |
|
(12) any other information required by the department |
|
[commission]. |
|
(b) When the department [commission] receives a plan for the |
|
security of a racetrack facility, or a copy of a management, |
|
concession, or totalisator contract for review under Subdivision |
|
(11) of Subsection (a) of this section, the department [commission] |
|
shall review the contract or security plan in an executive session. |
|
Documents submitted to the department [commission] under this |
|
section by an applicant are subject to discovery in a suit brought |
|
under this Act but are not public records and are not subject to |
|
Chapter 552, Government Code [424, Acts of the 63rd Legislature,
|
|
Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
|
|
Statutes)]. In reviewing and approving contracts under this |
|
subsection, the department [commission] shall attempt to ensure the |
|
involvement of minority owned businesses whenever possible. |
|
(e) The minimum application fee for a horse racing track is |
|
$15,000 for a class 1 racetrack, $7,500 for a class 2 racetrack, |
|
$2,500 for a class 3 racetrack, and $1,500 for a class 4 racetrack. |
|
The minimum application fee for a greyhound racing track is |
|
$20,000. Using the minimum fees, the commission by rule shall |
|
establish a schedule of application fees for the various types and |
|
sizes of racing facilities. The department [commission] shall set |
|
the application fees in amounts that are reasonable and necessary |
|
to cover the costs of administering this Act. |
|
(h) In considering an application for a horse racetrack |
|
license under this section, the department [commission] shall give |
|
additional weight to evidence concerning an applicant who has |
|
experience operating a horse racetrack licensed under this Act. |
|
SECTION 1.19. Section 6.031, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 6.031. BACKGROUND CHECK. The department [commission] |
|
shall require a complete personal, financial, and business |
|
background check of the applicant or any person owning an interest |
|
in or exercising control over an applicant for a racetrack license, |
|
the partners, stockholders, concessionaires, management personnel, |
|
management firms, and creditors and shall refuse to issue or renew a |
|
license or approve a concession or management contract if, in the |
|
sole discretion of the department [commission], the background |
|
checks reveal anything which might be detrimental to the public |
|
interest or the racing industry. The department [commission] may |
|
not hold a hearing on the application, or any part of the |
|
application, of an applicant for a racetrack license before the |
|
completed background check of the applicant has been on file with |
|
the department [commission] for at least 14 days. |
|
SECTION 1.20. Section 6.032(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) The department [commission] at any time may require a |
|
holder of a racetrack license or an applicant for a racetrack |
|
license to post security in an amount reasonably necessary, as |
|
provided by commission rule, to adequately ensure the license |
|
holder's or applicant's compliance with substantive requirements of |
|
this Act and commission rules. |
|
SECTION 1.21. Section 6.04, Texas Racing Act (Article 179e, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
Sec. 6.04. ISSUANCE OF LICENSE. (a) The department |
|
[commission] may issue a racetrack license to a qualified person if |
|
it finds that the conduct of race meetings at the proposed track and |
|
location will be in the public interest, complies with all zoning |
|
laws, and complies with this Act and the rules adopted by the |
|
commission and if the department [commission] finds by clear and |
|
convincing evidence that the applicant will comply with all |
|
criminal laws of this state. In determining whether to grant or |
|
deny an application for any class of racetrack license, the |
|
department [commission] may consider the following factors: |
|
(1) the applicant's financial stability; |
|
(2) the applicant's resources for supplementing the |
|
purses for races for various breeds; |
|
(3) the location of the proposed track; |
|
(4) the effect of the proposed track on traffic flow; |
|
(5) facilities for patrons and occupational |
|
licensees; |
|
(6) facilities for race animals; |
|
(7) availability to the track of support services and |
|
emergency services; |
|
(8) the experience of the applicant's employees; |
|
(9) the potential for conflict with other licensed |
|
race meetings; |
|
(10) the anticipated effect of the race meeting on the |
|
greyhound or horse breeding industry in this state; and |
|
(11) the anticipated effect of the race meeting on the |
|
state and local economy from tourism, increased employment, and |
|
other sources. |
|
(b) [(a-1)] When all of the requirements of licensure for |
|
the applicant described in this article have been satisfied, the |
|
department [commission] shall notify the applicant that the |
|
application is complete. |
|
(c) [(a-2)] The department [commission] shall make a |
|
determination with respect to a pending application not later than |
|
the 120th day after the date on which the department [commission] |
|
provided to the applicant the notice required under Subsection (b) |
|
[(a-1)] of this section. |
|
(d) [(c)] The department [commission] shall not issue |
|
licenses for more than three greyhound racetracks in this state. |
|
Those racetracks must be located in counties that border the Gulf of |
|
Mexico. |
|
(e) [(d)] In considering an application for a class 4 |
|
racetrack license, the department [commission] may waive or defer |
|
compliance with the department's [commission's] standards |
|
regarding the physical facilities or operations of a horse |
|
racetrack. The department [commission] may not waive or defer |
|
compliance with standards that relate to the testing of horses or |
|
licensees for the presence of a prohibited drug, chemical, or other |
|
substance. If the department [commission] defers compliance, the |
|
department [commission] shall, when granting the application, |
|
establish a schedule under which the licensee must comply with the |
|
standards. |
|
SECTION 1.22. Sections 6.06(e), (f), and (k), Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes), are amended to |
|
read as follows: |
|
(e) The department [commission] may condition the issuance |
|
of a license under this article on the observance of commission |
|
[its] rules. The commission may amend the rules at any time, and |
|
the department may condition the continued holding of the license |
|
on compliance with the rules as amended. |
|
(f) The department [commission] may refuse to issue a |
|
license or may suspend or revoke a license of a licensee under this |
|
article who knowingly or intentionally allows access to an |
|
enclosure where greyhound races or horse races are conducted to a |
|
person who has engaged in bookmaking, touting, or illegal wagering, |
|
whose income is from illegal activities or enterprises, or who has |
|
been convicted of a violation of this Act. |
|
(k) The department [commission] shall review the ownership |
|
and management of an active license issued under this article every |
|
five years beginning on the fifth anniversary of the issuance of the |
|
license. In performing the review, the department [commission] may |
|
require the license holder to provide any information that would be |
|
required to be provided in connection with an original license |
|
application under Article 5 of this Act or this article. The |
|
department [commission] shall charge fees for the review in amounts |
|
sufficient to implement this subsection. |
|
SECTION 1.23. Sections 6.0601(a), (b), and (d), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(a) The department [commission] shall designate each |
|
racetrack license as an active license or an inactive license. The |
|
department [commission] may change the designation of a racetrack |
|
license as appropriate. |
|
(b) The department [commission] shall designate a racetrack |
|
license as an active license if the license holder: |
|
(1) holds live racing events at the racetrack; or |
|
(2) makes good faith efforts to conduct live racing. |
|
(d) Before the first anniversary of the date a new racetrack |
|
license is issued, the department [commission] shall conduct an |
|
evaluation of the license to determine whether the license is an |
|
active or inactive license. |
|
SECTION 1.24. Sections 6.0602(a), (b), and (d), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(a) The commission by rule shall establish an annual renewal |
|
process for inactive licenses and the department may require the |
|
license holder to provide any information required for an original |
|
license application under this Act. An inactive license holder |
|
must complete the annual renewal process established under this |
|
section until the department [commission]: |
|
(1) designates the license as an active license; or |
|
(2) refuses to renew the license. |
|
(b) In determining whether to renew an inactive license, the |
|
department [commission] shall consider: |
|
(1) the inactive license holder's: |
|
(A) financial stability; |
|
(B) ability to conduct live racing; |
|
(C) ability to construct and maintain a racetrack |
|
facility; and |
|
(D) other good faith efforts to conduct live |
|
racing; and |
|
(2) other necessary factors considered in the issuance |
|
of the original license. |
|
(d) The department [commission] shall consult with members |
|
of the racing industry and other key stakeholders in developing the |
|
license renewal process under this section. |
|
SECTION 1.25. Section 6.061(f), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(f) The commission shall adopt rules relating to the |
|
department's [commission's] review of an action taken under this |
|
section by the executive director [secretary]. A review procedure |
|
adopted under this subsection must be consistent with Chapter 2001, |
|
Government Code. |
|
SECTION 1.26. Section 6.062, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 6.062. SUPERVISION OF CHANGES TO PREMISES. (a) The |
|
department [commission] shall adopt a method of supervising and |
|
approving the construction, renovation, or maintenance of any |
|
building or improvement on the premises of a racetrack facility. |
|
(b) The commission shall adopt rules relating to: |
|
(1) the approval of plans and specifications; |
|
(2) the contents of plans and specifications; |
|
(3) the maintenance of records to ensure compliance |
|
with approved plans and specifications; |
|
(4) the content and filing of construction progress |
|
reports by the racetrack facility to the department [commission]; |
|
(5) the inspection by the department [commission] or |
|
others; |
|
(6) the method for making a change or amendment to an |
|
approved plan or specification; and |
|
(7) any other method of supervision or oversight |
|
necessary. |
|
(c) If the department [commission] has grounds to believe |
|
that an association has failed to comply with the requirements of |
|
this section, a representative of the association shall appear |
|
before the department [commission] to consider the issue of |
|
compliance with the rules adopted under this section. |
|
(d) Before a building or improvement may be used by the |
|
association, the department [commission] shall determine whether |
|
the construction, renovation, or maintenance of the building or |
|
improvement was completed in accordance with the approved plans and |
|
specifications and whether other requirements of the department or |
|
commission were met. |
|
(e) If the department [commission] determines that the |
|
association failed to comply with a requirement of this section or |
|
rule adopted under this section, the department [commission] shall |
|
initiate an enforcement action against the association. In |
|
addition to any other authorized enforcement action, the department |
|
[commission] may rescind any live or simulcast race date of any |
|
association that has failed to comply with the requirement of this |
|
section. |
|
SECTION 1.27. Sections 6.063(a), (b), (c), and (d), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(a) The executive director [commission] may summarily |
|
suspend a racetrack license if the executive director [commission] |
|
determines that a racetrack at which races or pari-mutuel wagering |
|
are conducted under the license is being operated in a manner that |
|
constitutes an immediate threat to the health, safety, or welfare |
|
of the participants in racing or the patrons. |
|
(b) After issuing a summary suspension order, the executive |
|
director [secretary] shall serve on the association by personal |
|
delivery or registered or certified mail, return receipt requested, |
|
to the licensee's last known address, an order stating the specific |
|
charges and requiring the licensee immediately to cease and desist |
|
from all conduct permitted by the license. The order must contain a |
|
notice that a request for hearing may be filed under this section. |
|
(c) An association that is the subject of a summary |
|
suspension order may request a hearing. The request must be filed |
|
with the executive director [secretary] not later than the 10th day |
|
after the date the order was received or delivered. A request for a |
|
hearing must be in writing and directed to the executive director |
|
[secretary] and must state the grounds for the request to set aside |
|
or modify the order. Unless a licensee who is the subject of the |
|
order requests a hearing in writing before the 11th day after the |
|
date the order is received or delivered, the order is final and |
|
nonappealable as to that licensee. |
|
(d) On receiving a request for a hearing, the executive |
|
director [secretary] shall serve notice of the time and place of the |
|
hearing by personal delivery or registered or certified mail, |
|
return receipt requested. The hearing must be held not later than |
|
the 10th day after the date the executive director [secretary] |
|
receives the request for a hearing unless the parties agree to a |
|
later hearing date. At the hearing, the department [commission] |
|
has the burden of proof and must present evidence in support of the |
|
order. The licensee requesting the hearing may cross examine |
|
witnesses and show cause why the order should not be affirmed. |
|
Section 2003.021(b), Government Code, does not apply to hearings |
|
conducted under this section. |
|
SECTION 1.28. Sections 6.07(b) and (c), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(b) The department [commission] may not approve a lease if: |
|
(1) it appears that the lease is a subterfuge to evade |
|
compliance with Section [6.05 or] 6.06 of this Act; |
|
(2) the racetrack and surrounding structures do not |
|
conform to the rules adopted under this Act; or |
|
(3) the lessee, prospective lessee, or lessor is |
|
disqualified from holding a racetrack license. |
|
(c) Each lessor and lessee under this section must comply |
|
with the disclosure requirements of Subdivision (1) of Subsection |
|
(a) of Section 6.03 of this Act. The department [commission] may |
|
not approve a lease if the lessor and lessee do not provide the |
|
required information. |
|
SECTION 1.29. Section 6.08(b)(4), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(4) An association[, after January 1, 1999,] may pay a |
|
portion of the revenue set aside under this subsection to an |
|
organization recognized under Section 3.13 of this Act, as provided |
|
by a contract approved by the department [commission]. |
|
SECTION 1.30. Section 6.08(i), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(i) Ten percent of the total breakage from a live |
|
pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to |
|
the department [commission] for use by the appropriate state horse |
|
breed registry, subject to rules promulgated by the commission. The |
|
appropriate breed registry for Thoroughbred horses is the Texas |
|
Thoroughbred Breeders Association, for quarter horses is the Texas |
|
Quarter Horse Association, for Appaloosa horses is the Texas |
|
Appaloosa Horse Club, for Arabian horses is the Texas Arabian |
|
Breeders Association, and for paint horses is the Texas Paint Horse |
|
Breeders Association. |
|
SECTION 1.31. Sections 6.09(d) and (f), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(d) Fifty percent of the breakage is to be paid to the |
|
appropriate state greyhound breeding registry. Of that portion of |
|
the breakage 25 percent of that breakage is to be used in stakes |
|
races and 25 percent of that total breakage from a live pari-mutuel |
|
pool or a simulcast pari-mutuel pool is to be paid to the department |
|
[commission] for the use by the state greyhound breed registry, |
|
subject to rules promulgated by the commission. |
|
(f) The commission in adopting rules relating to money paid |
|
to the department [commission] for use by the state greyhound breed |
|
registry under Subsection (d) of this section shall require the |
|
award of a grant in an amount equal to two percent of the amount paid |
|
to the department [commission] for use by the state greyhound breed |
|
registry to a person for the rehabilitation of greyhounds or to |
|
locate homes for greyhounds. |
|
SECTION 1.32. Sections 6.091(a), (c), (e), (f), and (g), |
|
Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(a) An association shall distribute from the total amount |
|
deducted as provided by Sections 6.08(a) and 6.09(a) of this Act |
|
from each simulcast pari-mutuel pool and each simulcast |
|
cross-species pool the following shares: |
|
(1) an amount equal to one percent of each simulcast |
|
pool as the amount set aside for the state; |
|
(2) an amount equal to 1.25 percent of each simulcast |
|
cross-species pool as the amount set aside for the state; |
|
(3) if the association is a horse racing association, |
|
an amount equal to one percent of a multiple two wagering pool or |
|
multiple three wagering pool as the amount set aside for the |
|
Texas-bred program to be used as provided by Section 6.08(f) of this |
|
Act; |
|
(4) if the association is a greyhound association, an |
|
amount equal to one percent of a multiple two wagering pool or a |
|
multiple three wagering pool as the amount set aside for the |
|
Texas-bred program for greyhound races, to be distributed and used |
|
in accordance with rules of the commission adopted to promote |
|
greyhound breeding in this state; and |
|
(5) the remainder as the amount set aside for purses, |
|
expenses, the sending association, and the receiving location |
|
pursuant to a contract approved by the department [commission] |
|
between the sending association and the receiving location. |
|
(c) A greyhound racetrack association that receives an |
|
interstate cross-species simulcast signal shall distribute the |
|
following amounts from the total amount deducted as provided by |
|
Subsection (a) of this section from each pool wagered on the signal |
|
at the facility: |
|
(1) a fee of 1.5 percent to be paid to the racetrack |
|
facility in this state sending the signal; |
|
(2) a purse in the amount of 0.75 percent to be paid to |
|
the official state breed registry for thoroughbred horses for use |
|
as purses at racetracks in this state; |
|
(3) a purse in the amount of 0.75 percent to be paid to |
|
the official state breed registry for quarter horses for use as |
|
purses at racetracks in this state; and |
|
(4) a purse of 4.5 percent to be escrowed with the |
|
department [commission] for purses in the manner set forth in |
|
Subsection (e) of this section. |
|
(e) The purse set aside under Subsection (c)(4) of this |
|
section shall be deposited into an escrow account in the registry of |
|
the department [commission]. Any horse racetrack association in |
|
this state may apply to the department [commission] for receipt of |
|
all or part of the escrowed purse account for use as purses. The |
|
department [commission] shall determine to which horse racetracks |
|
the escrowed purse account shall be allocated and in what |
|
percentages, taking into consideration purse levels, racing |
|
opportunities, and the financial status of the requesting |
|
racetrack. [The first distribution of the escrowed purse account
|
|
allocated to a racetrack under this section may not be made before
|
|
October 1, 1998.] |
|
(f) A [After October 15, 1998, a] horse racetrack |
|
association that is located not more than 75 miles from a greyhound |
|
racetrack facility that offers wagering on a cross-species |
|
simulcast signal may apply to the department [commission] for an |
|
additional allocation of up to 20 percent of the funds in the |
|
escrowed purse account that is attributable to the wagering on a |
|
cross-species simulcast signal at the greyhound racetrack |
|
facility, if the horse racetrack facility sends the cross-species |
|
simulcast signal to the greyhound racetrack. If the applying horse |
|
racetrack can prove to the department's [commission's] satisfaction |
|
that a decrease in the racetrack's handle has occurred that is |
|
directly due to wagering on an interstate cross-species simulcast |
|
signal at a greyhound racetrack facility that is located not more |
|
than 75 miles from the applying racetrack, the department |
|
[commission] shall allocate the amounts from the escrowed purse |
|
account as the department [commission] considers appropriate to |
|
compensate the racetrack for the decrease, but the amount allocated |
|
may not exceed 20 percent of the funds in the escrowed purse account |
|
that are attributable to the wagering on the interstate |
|
cross-species simulcast signal at the greyhound racetrack |
|
facility. Any amount allocated by the department [commission] |
|
under this subsection may be used by the racetrack facility for any |
|
purpose. |
|
(g) If a racing association purchases an interstate |
|
simulcast signal and the cost of the signal is more than five |
|
percent of the pari-mutuel pool, the department [commission] shall |
|
reimburse the racing association an amount equal to one-half of the |
|
signal cost that is more than five percent of the pari-mutuel pool |
|
from the escrowed purse account under Subsection (c)(4) of this |
|
section. |
|
SECTION 1.33. Sections 6.092(c), (d), and (e), Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes), are amended to |
|
read as follows: |
|
(c) An organization receiving funds generated by live or |
|
simulcast pari-mutuel racing shall annually file with the |
|
department [commission] a copy of an audit report prepared by an |
|
independent certified public accountant. The audit shall include a |
|
verification of any performance report sent to or required by the |
|
department [commission]. |
|
(d) The department [commission] may review any records or |
|
books of an organization that submits an independent audit to the |
|
department [commission] as the department [commission] determines |
|
necessary to confirm or further investigate the findings of an |
|
audit or report. |
|
(e) The commission by rule may suspend or withhold funds |
|
from an organization that: |
|
(1) it determines has failed to comply with the |
|
requirements or performance measures adopted under Subsection (a) |
|
of this section; or |
|
(2) has, following an independent audit or other |
|
report to the department [commission], material questions raised on |
|
the use of funds by the organization. |
|
SECTION 1.34. Sections 6.094(b), (c), (d), and (e), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(b) An association conducting the Breeders' Cup races may |
|
apply to the reimbursement of Breeders' Cup costs amounts that |
|
would otherwise be set aside by the association for the state under |
|
Sections 6.091(a)(1) and 6.093 of this Act during the year in which |
|
the association hosts the Breeders' Cup races, limited to an amount |
|
equal to the lesser of the aggregate amount contributed to pay |
|
Breeders' Cup costs by political subdivisions and development |
|
organizations or $2 million. Beginning on January 1 of the year for |
|
which the association has been officially designated to host the |
|
Breeders' Cup races, amounts that would otherwise be set aside by |
|
the association for the state during that year under Sections |
|
6.091(a)(1) and 6.093 of this Act shall be set aside, in accordance |
|
with procedures prescribed by the comptroller, for deposit into the |
|
Breeders' Cup Developmental Account. The Breeders' Cup |
|
Developmental Account is an account in the general revenue fund. |
|
The department [commission] shall administer the account. Money in |
|
the account may be appropriated only to the department [commission] |
|
and may be used only for the purposes specified in this section. |
|
The account is exempt from the application of Section 403.095, |
|
Government Code. |
|
(c) The department [commission] shall make disbursements |
|
from the Breeders' Cup Developmental Account to reimburse Breeders' |
|
Cup costs actually incurred and paid by the association, after the |
|
association files a request for reimbursement. Disbursements from |
|
the account may not at any time exceed the aggregate amount actually |
|
paid for Breeders' Cup costs by political subdivisions and |
|
development organizations, as certified by the department |
|
[commission] to the comptroller, or $2 million, whichever is less. |
|
(d) Not later than January 31 of the year following the year |
|
in which the association hosts the Breeders' Cup races, the |
|
association shall submit to the department [commission] a report |
|
that shows: |
|
(1) the total amount of Breeders' Cup costs incurred |
|
and paid by the association; |
|
(2) the total payments made by political subdivisions |
|
and development organizations for Breeders' Cup costs; and |
|
(3) any other information requested by the department |
|
[commission]. |
|
(e) Following receipt of the report required by Subsection |
|
(d) of this section, the department [commission] shall take any |
|
steps it considers appropriate to verify the report. Not later than |
|
March 31 of the year following the event, the department |
|
[commission] shall transfer to the credit of the general revenue |
|
fund any balance remaining in the Breeders' Cup Developmental |
|
Account after reimbursement of any remaining Breeders' Cup costs |
|
authorized under this section. |
|
SECTION 1.35. Section 6.12(b), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) In the event of the death of any person whose death |
|
causes a violation of the licensing provisions of this Act, the |
|
department [commission] may issue a temporary license for a period |
|
not to exceed one year under rules adopted by the commission. |
|
SECTION 1.36. Section 6.13, Texas Racing Act (Article 179e, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
Sec. 6.13. FINANCIAL DISCLOSURE. (a) The commission by |
|
rule shall require that each association holding a license for a |
|
class 1 racetrack, class 2 racetrack, or greyhound racetrack must |
|
annually file with the department [commission] a detailed financial |
|
statement that: |
|
(1) contains the names and addresses of all |
|
stockholders, members and owners of any interest in the racetrack |
|
facility; |
|
(2) indicates compliance during the filing period with |
|
Section 6.06 of this Act; and |
|
(3) includes any other information required by the |
|
department [commission]. |
|
(b) Each transaction that involves an acquisition or a |
|
transfer of a pecuniary interest in the association must receive |
|
prior approval from the department [commission]. A transaction that |
|
changes the ownership of the association requires submission of |
|
updated information of the type required to be disclosed under |
|
Subsection (a) of Section 6.03 of this Act and payment of a fee to |
|
recover the costs of the criminal background check. |
|
SECTION 1.37. Sections 6.14(a), (b), and (d), Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes), are amended to |
|
read as follows: |
|
(a) An association may not conduct greyhound or horse racing |
|
at any place other than the place designated in the license except |
|
as provided by this section or by Section 6.15 of this Act. However, |
|
if the racetrack or enclosure designated in the license becomes |
|
unsuitable for racing because of fire, flood, or other catastrophe, |
|
the affected association, with the prior approval of the department |
|
[commission], may conduct a race meeting or any remaining portion |
|
of a meeting temporarily at any other racetrack licensed by the |
|
department [commission] to conduct the same type of racing as may be |
|
conducted by the affected association if the licensee of the other |
|
racetrack also consents to the usage. |
|
(b) The department [commission] shall not issue more than |
|
three racetrack licenses for greyhound racing. |
|
(d) On request of an association, the department |
|
[commission] shall amend a racetrack license to change the location |
|
of the racetrack if the commission finds that: |
|
(1) the conduct of race meetings at the proposed track |
|
at the new location will be in the public interest; |
|
(2) there was not a competing applicant for the |
|
original license; and |
|
(3) the association's desire to change location is not |
|
the result of a subterfuge in the original licensing proceeding. |
|
SECTION 1.38. Section 6.15, Texas Racing Act (Article 179e, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
Sec. 6.15. RACING AT TEMPORARY LOCATION. After an |
|
association has been granted a license to operate a racetrack and |
|
before the completion of construction at the designated place for |
|
which the license was issued, the department [commission] may, on |
|
application by the association, issue a temporary license that |
|
permits the association to conduct races at a location in the same |
|
county for a period expiring two years after the date of issuance of |
|
the temporary license or on the completion of the permanent |
|
facility, whichever occurs first. The department [commission] may |
|
set the conditions and standards for issuance of a temporary |
|
license and allocation of appropriate race days. An applicant for a |
|
temporary license must pay the application fees and must post the |
|
bonds required of other licensees before the issuance of a |
|
temporary license. After a temporary license has expired, no |
|
individual, corporation, or association, nor any individual |
|
belonging to a corporation or association which has been granted a |
|
temporary license, may get an extension of the temporary license or |
|
a new temporary license. |
|
SECTION 1.39. Section 6.16(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) An association may not employ any person who has been a |
|
member of the commission, the executive director [secretary of the
|
|
commission], or an employee employed by the racing division |
|
[commission] in a position in the state employment classification |
|
plan of grade 12 or above, or any person related within the second |
|
degree by affinity or the third degree by consanguinity, as |
|
determined under Chapter 573, Government Code, to such a member or |
|
employee, during the one-year period immediately preceding the |
|
employment by the association. |
|
SECTION 1.40. Sections 7.01(a) and (c), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(a) Except as provided by this section, a person may not |
|
participate in racing with pari-mutuel wagering other than as a |
|
spectator or as a person placing a wager without first obtaining a |
|
license from the department [commission]. A person may not engage |
|
in any occupation for which commission rules require a license |
|
under this Act without first obtaining a license from the |
|
department [commission]. |
|
(c) A racetrack licensed under this Act is responsible for |
|
ensuring that its employees comply with this Act and commission |
|
rules. The department or commission may impose disciplinary action |
|
against a licensed racetrack for violations of this Act and |
|
commission rules by its employees as provided by Section 6.0603 of |
|
this Act. |
|
SECTION 1.41. Section 7.02(e), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(e) The department [commission] may not approve a |
|
management contract to operate or manage a racetrack owned by a |
|
governmental entity unless the racetrack license holder is an owner |
|
of the entity that proposes to manage the racetrack. |
|
SECTION 1.42. Section 7.03, Texas Racing Act (Article 179e, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
Sec. 7.03. ISSUANCE. The department [commission] shall |
|
issue a license to a qualified person on application and payment of |
|
the license fee. |
|
SECTION 1.43. Sections 8.01, 8.02, and 9.01, Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes), are amended to |
|
read as follows: |
|
Sec. 8.01. ALLOCATION. The department [commission] shall |
|
allocate the live and simulcast racing days for the conduct of live |
|
and simulcast racing at each racetrack licensed under this Act. |
|
Each racetrack shall accord reasonable access to races for all |
|
breeds of horses as determined by the racetrack through |
|
negotiations with the representative state breed registry with the |
|
final approval of the department [commission]. In granting |
|
approval, the department [commission] shall consider the factors of |
|
availability of competitive horses, economic feasibility, and |
|
public interest. In allocating race dates under this section, the |
|
department [commission] shall consider live race dates separately |
|
from simulcast race dates. The department [commission] may prohibit |
|
Sunday racing unless the prohibition would conflict with another |
|
provision of this Act. |
|
Sec. 8.02. CHARITY DAYS. (a) The department [commission] |
|
shall grant additional racing days to each association during a |
|
race meeting to be conducted as charity days. The department |
|
[commission] shall grant at least two and not more than five |
|
additional days to each class 1 racetrack and to each class 2 |
|
racetrack. Each class 1 and class 2 racetrack shall conduct charity |
|
race days in accordance with this section. |
|
(b) The commission shall adopt rules relating to the conduct |
|
of charity days. The department [commission] shall insure that the |
|
races held by an association on a charity day are comparable in all |
|
respects, including the generation of revenue, to the races held by |
|
that association on any other racing day. |
|
Sec. 9.01. TEXAS-BRED HORSES. Subject to this Act or any |
|
rule of the commission, the state horse breed registries shall make |
|
reasonable rules to establish the qualifications of accredited |
|
Texas-bred horses to promote, develop, and improve the breeding of |
|
horses in this state. Rules adopted by a registry are subject to |
|
department [commission] approval. |
|
SECTION 1.44. Section 9.03(b), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) To encourage the breeding of horses in this state, any |
|
accredited Texas-bred horse finishing first, second, or third in |
|
any race in this state except a restricted stakes race shall receive |
|
a purse supplement. The appropriate state breed registry shall act |
|
in an advisory capacity to the association and the department |
|
[commission] for the purpose of administering the provisions of |
|
this section. |
|
SECTION 1.45. Sections 9.05 and 9.06, Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
Sec. 9.05. TYPES OF RACING. When a horse racing association |
|
conducts a race meeting for more than one breed of horse at one |
|
racetrack, the number of races to be run by each breed on each day |
|
shall be equitable as determined by the department [commission] |
|
under Section 8.01 of this Act. The commission, by rule or by order, |
|
may allow an exception if there are not enough horses of a breed |
|
available to provide sufficient competition. |
|
Sec. 9.06. STABLING. When a horse racing association |
|
conducts a race meeting for more than one breed of horse at one |
|
racetrack, on-track stalls shall be provided on an equitable basis |
|
as determined by the department [commission] under Section 8.01 of |
|
this Act. |
|
SECTION 1.46. Sections 9A.001(e) and (f), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(e) The department [commission] shall set the date of and |
|
the location for each Texas Derby. Each Texas Derby must be held |
|
annually at the class 1 racetrack determined by the department |
|
[commission]. The department [commission] shall determine the |
|
location of each Texas Derby in consultation with: |
|
(1) each class 1 racetrack; |
|
(2) the official state breed registries; and |
|
(3) the official horsemen's organization. |
|
(f) The department [commission] may sell the right to name a |
|
Texas Derby. The department [commission] shall deposit the |
|
proceeds from the sale of the right to name a Texas Derby into the |
|
Texas Derby escrow purse fund established under Section 9A.003 of |
|
this article. |
|
SECTION 1.47. Section 9A.002(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) For each Texas Derby, the department [commission] shall |
|
appoint a state veterinarian to conduct a prerace examination of |
|
each horse entered in the race to determine whether the horse is |
|
healthy and meets standards set by commission rule for racing. |
|
SECTION 1.48. Sections 10.01 and 10.02, Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
Sec. 10.01. NUMBER OF RACING DAYS. Any greyhound racing |
|
licensee shall be entitled to have 300 evening and 150 matinee |
|
performances in a calendar year. The department [commission] shall |
|
grant at least five additional racing days during a race meeting to |
|
be conducted as charity days. The commission shall adopt rules |
|
relating to the conduct of charity days. The department |
|
[commission] shall insure that the races held by an association on a |
|
charity day are comparable in all respects, including the |
|
generation of revenue, to the races held by that association on any |
|
other racing day. |
|
Sec. 10.02. SUBSTITUTE RACING DAYS OR ADDITIONAL RACES. If |
|
for a reason beyond the licensee's control and not caused by the |
|
licensee's fault or neglect it is impossible for the licensee to |
|
hold or conduct a race or races on a day authorized by the |
|
department [commission], the department [commission] in its |
|
discretion and at the request of the licensee, as a substitute for |
|
the race or races, may specify another day for the holding or |
|
conducting of racing by the licensee or may add additional races to |
|
already programmed events. |
|
SECTION 1.49. Section 10.04(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) Subject to this Act or any rule of the commission, the |
|
state greyhound breed registry shall make reasonable rules to |
|
establish the qualifications of accredited Texas-bred greyhounds |
|
to promote, develop, and improve the breeding of greyhounds in this |
|
state. Rules adopted by the registry are subject to department |
|
[commission] approval. |
|
SECTION 1.50. Section 11.01(a-1), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a-1) The department [commission] may commission as many |
|
investigators as the department [commission] determines necessary |
|
to enforce this Act and the rules of the commission. Each |
|
investigator shall take the constitutional oath of office and file |
|
it with the department [commission]. Each commissioned |
|
investigator has the powers of a peace officer. |
|
SECTION 1.51. Sections 11.011(b), (c), (f), and (m), Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
(b) With approval of the department [commission], wagers |
|
accepted on a simulcast race by any out-of-state receiving location |
|
may be included in the pari-mutuel pool for the race at the sending |
|
racetrack association in this state. |
|
(c) With approval of the department [commission], wagers |
|
accepted by a licensed racetrack association in this state on a race |
|
simulcast from out-of-state may be included in the pari-mutuel |
|
pools for the race at the out-of-state sending racetrack. |
|
(f) Nothing in this Act is to be construed to allow wagering |
|
in Texas on simulcast races at any location other than a racetrack |
|
licensed under this Act that has been granted live race dates by the |
|
department [commission]. |
|
(m) The department [commission] shall not approve wagering |
|
on an interstate simulcast race unless the receiving location |
|
consents to wagering on interstate simulcast races at all other |
|
receiving locations in this state. |
|
SECTION 1.52. Section 11.02, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 11.02. COMPUTATION OF WAGERING. The wagering may be |
|
calculated only by state-of-the-art computational equipment that |
|
is approved by the department [commission]. The department |
|
[commission] may not require the use of a particular make of |
|
equipment. |
|
SECTION 1.53. Sections 11.04(a) and (e), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(a) Only a person inside the enclosure where both live and |
|
simulcast race meetings are authorized may wager on the result of a |
|
live or simulcast race presented by the association in accordance |
|
with commission rules. Except as provided by this section, a person |
|
may not place, in person, by telephone, or over the Internet, a |
|
wager for a horse race or greyhound race conducted inside or outside |
|
this state. The commission shall adopt rules to prohibit wagering |
|
by employees of the racing division [commission] and to regulate |
|
wagering by persons licensed under this Act. |
|
(e) An association that allows a machine in an enclosure as |
|
provided by Subsection (c) shall collect a fee of $1 for each |
|
transaction under Subsection (c). The commission shall adopt rules |
|
providing for collection, reporting, and auditing of the |
|
transaction fee. The association shall forward the fee to the |
|
department [commission]. The department [commission] shall |
|
deposit the fee to the credit of the general revenue fund. |
|
SECTION 1.54. Section 11.07(b), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) If the claimant satisfactorily establishes a right to |
|
distribution from the pool, the association shall pay the amount |
|
due the claimant. If the association refuses to pay a claimant who |
|
has established satisfactorily a right to distribution from the |
|
pool, the claimant may appeal to the department [commission] under |
|
procedures prescribed by commission rule. |
|
SECTION 1.55. Section 13.01, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 13.01. REGULATION BY COMMISSION. The commission shall |
|
adopt rules providing for the exclusion or ejection from an |
|
enclosure where greyhound races or horse races are conducted, or |
|
from specified portions of an enclosure, of a person: |
|
(1) who has engaged in bookmaking, touting, or illegal |
|
wagering; |
|
(2) whose income is from illegal activities or |
|
enterprises; |
|
(3) who has been convicted of a violation of this Act; |
|
(4) who has been convicted of theft; |
|
(5) who has been convicted under the penal law of |
|
another jurisdiction for committing an act that would have |
|
constituted a violation of any of the rules mentioned in this |
|
section; |
|
(6) who has committed a corrupt or fraudulent act in |
|
connection with greyhound racing or horse racing or pari-mutuel |
|
wagering or who has committed any act tending or intended to corrupt |
|
greyhound racing or horse racing or pari-mutuel wagering in this |
|
state or elsewhere; |
|
(7) who is under suspension or ruled off a racetrack by |
|
the department [commission] or a steward in this state or by a |
|
corresponding authority in another state because of fraudulent or |
|
corrupt practices or other acts detrimental to racing; |
|
(8) who has submitted a forged pari-mutuel ticket or |
|
has altered or forged a pari-mutuel ticket for cashing or who has |
|
cashed or caused to be cashed an altered, raised, or forged |
|
pari-mutuel ticket; |
|
(9) who has been convicted of committing a lewd or |
|
lascivious act or other crime involving moral turpitude; |
|
(10) who is guilty of boisterous or disorderly conduct |
|
while inside a racing enclosure; |
|
(11) who is an agent or habitual associate of a person |
|
excludable under this section; or |
|
(12) who has been convicted of a felony. |
|
SECTION 1.56. Sections 13.02(b) and (c), Texas Racing Act |
|
(Article 179e, Vernon's Texas Civil Statutes), are amended to read |
|
as follows: |
|
(b) Such an application constitutes a contested case under |
|
Chapter 2001, Government Code [the Administrative Procedure and
|
|
Texas Register Act (Article 6252-13a, Vernon's Texas Civil
|
|
Statutes)]. If, after a hearing as provided under that chapter |
|
[Section 13 of that Act], the commission determines that the |
|
exclusion or ejection was proper, it shall make and enter an order |
|
to that effect in its minutes, and the person shall continue to be |
|
excluded from each association. |
|
(c) The person excluded or ejected may appeal an adverse |
|
decision of the commission by filing a petition for judicial review |
|
in the manner provided by Chapter 2001, Government Code [Section 19
|
|
of the Administrative Procedure and Texas Register Act (Article
|
|
6252-13a, Vernon's Texas Civil Statutes)]. Judicial review under |
|
this subsection is subject to the substantial evidence rule. Venue |
|
for the review is in a district court in Travis County. |
|
SECTION 1.57. Section 14.01(c), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(c) An offense under this section is a state jail felony if: |
|
(1) the actor is a licensee under this Act or an |
|
employee or member of the commission or the department and the actor |
|
knowingly represents that a member or employee of the commission or |
|
the department or a person licensed by the commission or department |
|
is the source of the false information; or |
|
(2) the false statement or information was contained |
|
in racing selection information provided to the public. |
|
SECTION 1.58. Section 14.04(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) A person commits an offense if the person is a licensee |
|
and the person knowingly or intentionally permits, facilitates, or |
|
allows access, to an enclosure where races are conducted, to |
|
another person who the person knows: |
|
(1) has engaged in bookmaking, touting, or illegal |
|
wagering; |
|
(2) derives income from illegal activities or |
|
enterprises; |
|
(3) has been convicted of a violation of this Act; or |
|
(4) is excluded by the department [commission] from |
|
entering a racetrack facility. |
|
SECTION 1.59. Section 14.05(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) A person who is subject to this section commits an |
|
offense if the person intentionally or knowingly wagers on the |
|
result of a greyhound race or horse race conducted in this state |
|
that: |
|
(1) is held on an American Indian reservation or on |
|
American Indian trust land located in this state; and |
|
(2) is not held under the supervision of the |
|
department [commission] under rules adopted under this Act. |
|
SECTION 1.60. Section 14.06(c), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(c) An offense under this section is a state jail felony |
|
unless the statement was material in a commission or department |
|
action relating to a racetrack license, in which event the offense |
|
is a felony of the third degree. |
|
SECTION 1.61. Section 14.12, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 14.12. CRIMINAL CONFLICT OF INTEREST. A person who is |
|
a member of the commission or the racing division commits an offense |
|
if the person: |
|
(1) accepts, directly or indirectly, employment or |
|
remuneration from a racetrack facility, association, or other |
|
licensee, including a facility, association, or licensee located or |
|
residing in another state; |
|
(2) wagers or causes a wager to be placed on the |
|
outcome of a horse or greyhound race conducted in this state; or |
|
(3) accepts or is entitled to any part of a purse to be |
|
paid to an animal in a race conducted in this state. |
|
SECTION 1.62. Section 14.17(b), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) In this section, "lawful request" means a request from |
|
the commission or the department, an authorized agent of the |
|
commission or the department, the director or a commissioned |
|
officer of the Department of Public Safety, a peace officer, or a |
|
steward or judge at any time and any restricted location that: |
|
(1) is on a racetrack facility; and |
|
(2) is not a public place. |
|
SECTION 1.63. Section 14.18(b), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(b) A search may be conducted by a commissioned officer of |
|
the Department of Public Safety or a peace officer, including a |
|
peace officer employed by the department [commission], at any time |
|
and at any location that is on a racetrack facility, except a |
|
location: |
|
(1) excluded by commission rule from searches under |
|
this section; or |
|
(2) provided by an association under commission rule |
|
for private storage of personal items belonging to a licensee |
|
entering a racetrack facility. |
|
SECTION 1.64. Section 14.20, Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
Sec. 14.20. COMMISSION AND DEPARTMENT AUTHORITY. This |
|
article may not be construed to restrict the department's or |
|
commission's administrative authority to enforce this Act or |
|
commission rules to the fullest extent authorized by this Act or |
|
other law. |
|
SECTION 1.65. Section 16.01(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) The department [commission] shall not issue a racetrack |
|
license or accept an application for a license for a racetrack to be |
|
located in a county until the commissioners court has certified to |
|
the secretary of state that the qualified voters of the county have |
|
approved the legalization of pari-mutuel wagering on horse races or |
|
greyhound races in the county at an election held under this |
|
article. [A local option election may not be held under this
|
|
article before January 1, 1987.] |
|
SECTION 1.66. Section 16.13(a), Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes), is amended to read as |
|
follows: |
|
(a) Not later than the 30th day after the date the result of |
|
the election is declared, any qualified voter of the county may |
|
contest the election by filing a petition in the district court of |
|
the county. Any person who is licensed or who has made application |
|
to the department [commission] to be licensed in any capacity under |
|
this Act may become a named party to the proceedings by pleading to |
|
the petition on or before the time set for hearing and trial as |
|
provided by Subsection (c) of this section or thereafter by |
|
intervention on leave of court. |
|
SECTION 1.67. Sections 18.06, 18.07, and 18.08, Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes), are |
|
amended to read as follows: |
|
Sec. 18.06. RELEASE OF LIABILITY. A member of the |
|
commission, an employee of the department [commission], a steward |
|
or judge, an association, a horsemen's organization, or any other |
|
person regulated under this Act is not liable to any individual, |
|
corporation, business association, or other entity for a cause of |
|
action that arises out of that person's performance or exercise of |
|
discretion in the implementation or enforcement of this Act or a |
|
rule adopted under this Act if the person has acted in good faith. |
|
Sec. 18.07. PAST PERFORMANCE OF ASSOCIATION. In |
|
considering a pleading of a racetrack association, the department |
|
[commission] shall take into account the operating experience of |
|
the racetrack association in Texas, which includes, but is not |
|
limited to, the financial condition of the track, regulatory |
|
compliance and conduct, and any other relevant matters concerning |
|
the operation of a track. |
|
Sec. 18.08. DISTANCE LEARNING. The department [commission] |
|
may provide assistance to members of the racing industry who are |
|
attempting to develop or implement adult, youth, or continuing |
|
education programs that use distance learning. |
|
SECTION 1.68. Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, |
|
2.071, 2.073, 2.074, 2.08, 2.09, 2.10, 2.11, 2.19, 2.20, 2.21, |
|
2.22, 2.23, 2.24, 2.25, and 18.01, Texas Racing Act (Article 179e, |
|
Vernon's Texas Civil Statutes), are repealed. |
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
SECTION 2.01. Section 87.002, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does |
|
not apply to an activity regulated by the racing division of the |
|
Texas Department of Licensing and Regulation [Texas Racing
|
|
Commission]. |
|
SECTION 2.02. Section 104.001, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause |
|
of action based on conduct described in Section 104.002, the state |
|
shall indemnify the following persons, without regard to whether |
|
the persons performed their services for compensation, for actual |
|
damages, court costs, and attorney's fees adjudged against: |
|
(1) an employee, a member of the governing board, or |
|
any other officer of a state agency, institution, or department; |
|
(2) a former employee, former member of the governing |
|
board, or any other former officer of a state agency, institution, |
|
or department who was an employee or officer when the act or |
|
omission on which the damages are based occurred; |
|
(3) a physician or psychiatrist licensed in this state |
|
who was performing services under a contract with any state agency, |
|
institution, or department or a racing official performing services |
|
under a contract with the Texas Department of Licensing and |
|
Regulation [Racing Commission] when the act or omission on which |
|
the damages are based occurred; |
|
(3-a) a phlebotomist licensed in this state who was |
|
performing services under a contract with the Texas Department of |
|
Criminal Justice when the act or omission on which the damages are |
|
based occurred; |
|
(4) a chaplain or spiritual advisor who was performing |
|
services under contract with the Texas Department of Criminal |
|
Justice[, the Texas Youth Commission,] or the Texas Juvenile |
|
Justice Department [Probation Commission] when the act or omission |
|
on which the damages are based occurred; |
|
(5) a person serving on the governing board of a |
|
foundation, corporation, or association at the request and on |
|
behalf of an institution of higher education, as that term is |
|
defined by Section 61.003(8), Education Code, not including a |
|
public junior college; |
|
(6) a state contractor who signed a waste manifest as |
|
required by a state contract; or |
|
(7) the estate of a person listed in this section. |
|
SECTION 2.03. Article 2.12, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
officers: |
|
(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
|
Chapter 1701, Occupations Code; |
|
(2) constables, deputy constables, and those reserve |
|
deputy constables who hold a permanent peace officer license issued |
|
under Chapter 1701, Occupations Code; |
|
(3) marshals or police officers of an incorporated |
|
city, town, or village, and those reserve municipal police officers |
|
who hold a permanent peace officer license issued under Chapter |
|
1701, Occupations Code; |
|
(4) rangers and officers commissioned by the Public |
|
Safety Commission and the Director of the Department of Public |
|
Safety; |
|
(5) investigators of the district attorneys', criminal |
|
district attorneys', and county attorneys' offices; |
|
(6) law enforcement agents of the Texas Alcoholic |
|
Beverage Commission; |
|
(7) each member of an arson investigating unit |
|
commissioned by a city, a county, or the state; |
|
(8) officers commissioned under Section 37.081, |
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
(9) officers commissioned by the General Services |
|
Commission; |
|
(10) law enforcement officers commissioned by the |
|
Parks and Wildlife Commission; |
|
(11) airport police officers commissioned by a city |
|
with a population of more than 1.18 million located primarily in a |
|
county with a population of 2 million or more that operates an |
|
airport that serves commercial air carriers; |
|
(12) airport security personnel commissioned as peace |
|
officers by the governing body of any political subdivision of this |
|
state, other than a city described by Subdivision (11), that |
|
operates an airport that serves commercial air carriers; |
|
(13) municipal park and recreational patrolmen and |
|
security officers; |
|
(14) security officers and investigators commissioned |
|
as peace officers by the comptroller; |
|
(15) officers commissioned by a water control and |
|
improvement district under Section 49.216, Water Code; |
|
(16) officers commissioned by a board of trustees |
|
under Chapter 54, Transportation Code; |
|
(17) investigators commissioned by the Texas Medical |
|
Board; |
|
(18) officers commissioned by: |
|
(A) the board of managers of the Dallas County |
|
Hospital District, the Tarrant County Hospital District, the Bexar |
|
County Hospital District, or the El Paso County Hospital District |
|
under Section 281.057, Health and Safety Code; and |
|
(B) the board of directors of the Ector County |
|
Hospital District under Section 1024.117, Special District Local |
|
Laws Code; |
|
(19) county park rangers commissioned under |
|
Subchapter E, Chapter 351, Local Government Code; |
|
(20) investigators employed by the racing division of |
|
the Texas Department of Licensing and Regulation [Racing
|
|
Commission]; |
|
(21) officers commissioned under Chapter 554, |
|
Occupations Code; |
|
(22) officers commissioned by the governing body of a |
|
metropolitan rapid transit authority under Section 451.108, |
|
Transportation Code, or by a regional transportation authority |
|
under Section 452.110, Transportation Code; |
|
(23) investigators commissioned by the attorney |
|
general under Section 402.009, Government Code; |
|
(24) security officers and investigators commissioned |
|
as peace officers under Chapter 466, Government Code; |
|
(25) an officer employed by the Department of State |
|
Health Services under Section 431.2471, Health and Safety Code; |
|
(26) officers appointed by an appellate court under |
|
Subchapter F, Chapter 53, Government Code; |
|
(27) officers commissioned by the state fire marshal |
|
under Chapter 417, Government Code; |
|
(28) an investigator commissioned by the commissioner |
|
of insurance under Section 701.104, Insurance Code; |
|
(29) apprehension specialists and inspectors general |
|
commissioned by the Texas Juvenile Justice Department as officers |
|
under Sections 242.102 and 243.052, Human Resources Code; |
|
(30) officers appointed by the inspector general of |
|
the Texas Department of Criminal Justice under Section 493.019, |
|
Government Code; |
|
(31) investigators commissioned by the Commission on |
|
Law Enforcement Officer Standards and Education under Section |
|
1701.160, Occupations Code; |
|
(32) commission investigators commissioned by the |
|
Texas Private Security Board under Section 1702.061(f), |
|
Occupations Code; |
|
(33) the fire marshal and any officers, inspectors, or |
|
investigators commissioned by an emergency services district under |
|
Chapter 775, Health and Safety Code; |
|
(34) officers commissioned by the State Board of |
|
Dental Examiners under Section 254.013, Occupations Code, subject |
|
to the limitations imposed by that section; |
|
(35) investigators commissioned by the Texas Juvenile |
|
Justice Department as officers under Section 221.011, Human |
|
Resources Code; and |
|
(36) the fire marshal and any related officers, |
|
inspectors, or investigators commissioned by a county under |
|
Subchapter B, Chapter 352, Local Government Code. |
|
SECTION 2.04. Sections 88.526(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) The director shall prepare an annual report on equine |
|
research funded under this subchapter. The director shall |
|
distribute the report to the racing division of the Texas |
|
Department of Licensing and Regulation [Racing Commission] and |
|
members of the Texas horse racing industry. The director shall make |
|
copies of the report available to interested parties. |
|
(c) The director shall, at least annually, consult with the |
|
racing division of the Texas Department of Licensing and Regulation |
|
[Racing Commission] on the use of the account and the impact of |
|
equine research funded by the account. |
|
SECTION 2.05. Section 411.096, Government Code, is amended |
|
to read as follows: |
|
Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION [RACING
|
|
COMMISSION]. (a) The Texas Department of Licensing and Regulation |
|
[Racing Commission] is entitled to obtain from the department |
|
criminal history record information maintained by the department |
|
that pertains to a person who is: |
|
(1) appointed to the racing division of the department |
|
[commission]; |
|
(2) an applicant for employment by the racing division |
|
of the department [commission]; or |
|
(3) an applicant for a license under the Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes). |
|
(b) Criminal history record information obtained by the |
|
department [commission] under Subsection (a) may not be released or |
|
disclosed to any person except in a criminal proceeding, in a |
|
hearing conducted by the department [commission], on court order, |
|
or with the consent of the applicant. |
|
SECTION 2.06. Section 572.003(c), Government Code, is |
|
amended to read as follows: |
|
(c) The term means a member of: |
|
(1) the Public Utility Commission of Texas; |
|
(2) [the Texas Department of Economic Development;
|
|
[(3)] the Texas Commission on Environmental Quality; |
|
(3) [(4)] the Texas Alcoholic Beverage Commission; |
|
(4) [(5)] The Finance Commission of Texas; |
|
(5) [(6)] the Texas Facilities Commission; |
|
(6) [(7)] the Texas Board of Criminal Justice; |
|
(7) [(8)] the board of trustees of the Employees |
|
Retirement System of Texas; |
|
(8) [(9)] the Texas Transportation Commission; |
|
(9) [(10) the Texas Workers' Compensation Commission;
|
|
[(11)] the Texas Department of Insurance; |
|
(10) [(12)] the Parks and Wildlife Commission; |
|
(11) [(13)] the Public Safety Commission; |
|
(12) [(14)] the Texas Ethics Commission; |
|
(13) [(15)] the State Securities Board; |
|
(14) [(16)] the Texas Water Development Board; |
|
(15) [(17)] the governing board of a public senior |
|
college or university as defined by Section 61.003, Education Code, |
|
or of The University of Texas Southwestern Medical Center at |
|
Dallas, The University of Texas Medical Branch at Galveston, The |
|
University of Texas Health Science Center at Houston, The |
|
University of Texas Health Science Center at San Antonio, The |
|
University of Texas M. D. Anderson [System] Cancer Center, The |
|
University of Texas Health Science Center at Tyler, University of |
|
North Texas Health Science Center at Fort Worth, Texas Tech |
|
University Health Sciences Center, Texas State Technical |
|
College--Harlingen, Texas State Technical College--Marshall, Texas |
|
State Technical College--Sweetwater, or Texas State Technical |
|
College--Waco; |
|
(16) [(18)] the Texas Higher Education Coordinating |
|
Board; |
|
(17) [(19)] the Texas Workforce Commission; |
|
(18) [(21)] the board of trustees of the Teacher |
|
Retirement System of Texas; |
|
(19) [(22)] the Credit Union Commission; |
|
(20) [(23)] the School Land Board; |
|
(21) [(24)] the board of the Texas Department of |
|
Housing and Community Affairs; |
|
(22) [(25) the Texas Racing Commission;
|
|
[(26)] the State Board of Dental Examiners; |
|
(23) [(27)] the Texas Medical [State] Board [of
|
|
Medical Examiners]; |
|
(24) [(28)] the Board of Pardons and Paroles; |
|
(25) [(29)] the Texas State Board of Pharmacy; |
|
(26) [(30)] the Department of Information Resources |
|
governing board; |
|
(27) [(31)] the Texas Department of Motor Vehicles |
|
[Vehicle Board]; |
|
(28) [(32)] the Texas Real Estate Commission; |
|
(29) [(33)] the board of directors of the State Bar of |
|
Texas; |
|
(30) [(34)] the bond review board; |
|
(31) [(35) the Texas Board of Health;
|
|
[(36)
the Texas Board of Mental Health and Mental
|
|
Retardation;
|
|
[(37) the Texas Board on Aging;
|
|
[(38) the Texas Board of Human Services;
|
|
[(39)] the Texas Funeral Service Commission; |
|
(32) [(40)] the board of directors of a river |
|
authority created under the Texas Constitution or a statute of this |
|
state; or |
|
(33) [(41)] the Texas Lottery Commission. |
|
SECTION 2.07. Section 2054.352(a), Government Code, is |
|
amended to read as follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Court Reporters Certification Board; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) Texas Board of Professional Land Surveying; |
|
(6) Texas Medical Board; |
|
(7) Texas Board of Nursing; |
|
(8) Texas Optometry Board; |
|
(9) Department of Agriculture, for licenses issued |
|
under Chapter 1951, Occupations Code; |
|
(10) Texas State Board of Pharmacy; |
|
(11) Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(12) Texas State Board of Plumbing Examiners; |
|
(13) Texas State Board of Podiatric Medical Examiners; |
|
(14) Texas State Board of Examiners of Psychologists; |
|
(15) State Board of Veterinary Medical Examiners; |
|
(16) Texas Real Estate Commission; |
|
(17) Texas Appraiser Licensing and Certification |
|
Board; |
|
(18) Texas Department of Licensing and Regulation; |
|
(19) Texas State Board of Public Accountancy; |
|
(20) State Board for Educator Certification; |
|
(21) Texas Board of Professional Engineers; |
|
(22) Department of State Health Services; |
|
(23) Texas Board of Architectural Examiners; |
|
(24) [Texas Racing Commission;
|
|
[(25)] Commission on Law Enforcement Officer |
|
Standards and Education; and |
|
(25) [(26)] Texas Private Security Board. |
|
ARTICLE 3. TRANSITION AND EFFECTIVE DATE |
|
SECTION 3.01. The change in law made by this Act to the |
|
requirements for the issuance or renewal of a license issued under |
|
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) |
|
applies only to the issuance or renewal of a certificate under that |
|
Act that expires on or after January 1, 2014. A certificate that |
|
expires before that date is governed by the law in effect on the |
|
date the certificate expires, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 3.02. The change in law made by this Act to the |
|
procedures relating to disciplinary actions for persons licensed |
|
under the Texas Racing Act (Article 179e, Vernon's Texas Civil |
|
Statutes) applies only to a disciplinary action initiated on or |
|
after January 1, 2014. A disciplinary action initiated before that |
|
date is governed by the law in effect on the date the action is |
|
initiated, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 3.03. (a) On January 1, 2014: |
|
(1) the Texas Racing Commission is abolished and all |
|
powers and duties of the Texas Racing Commission under the Texas |
|
Racing Act (Article 179e, Vernon's Texas Civil Statutes) and other |
|
law are transferred to the Texas Commission of Licensing and |
|
Regulation and the Texas Department of Licensing and Regulation; |
|
(2) all obligations, rights, contracts, bonds, |
|
appropriations, records, and property of the Texas Racing |
|
Commission are transferred to the Texas Department of Licensing and |
|
Regulation; |
|
(3) a rule, policy, procedure, or decision of the |
|
Texas Racing Commission continues in effect as a rule, policy, |
|
procedure, or decision of the Texas Commission of Licensing and |
|
Regulation or the Texas Department of Licensing and Regulation, in |
|
accordance with Subdivision (1) of this subsection, until |
|
superseded by a later act of the Texas Commission of Licensing and |
|
Regulation or the Texas Department of Licensing and Regulation; and |
|
(4) except as otherwise provided by this Act, a |
|
reference in law to the Texas Racing Commission means the Texas |
|
Commission of Licensing and Regulation. |
|
(b) Not later than October 1, 2013, the Texas Racing |
|
Commission, the Texas Commission of Licensing and Regulation, and |
|
the Texas Department of Licensing and Regulation shall adopt a |
|
comprehensive transition plan for the transfer described by |
|
Subsection (a) of this section. |
|
(c) Not later than November 1, 2013, the Texas Racing |
|
Commission shall meet with the Texas Department of Licensing and |
|
Regulation to provide for the transfer of essential personnel to |
|
the Texas Department of Licensing and Regulation. |
|
(d) The Texas Racing Commission shall continue, as |
|
necessary, to perform the duties and functions being transferred to |
|
the Texas Commission of Licensing and Regulation or the Texas |
|
Department of Licensing and Regulation until the transfer of agency |
|
duties and functions is complete. |
|
(e) Subsections (b), (c), and (d) of this section take |
|
effect September 1, 2013. |
|
SECTION 3.04. (a) The Texas Racing Commission and the Texas |
|
Commission of Licensing and Regulation shall enter into or revise a |
|
joint memorandum of understanding to coordinate the Texas Racing |
|
Commission's and the Texas Department of Licensing and Regulation's |
|
information systems to allow for the sharing of information so that |
|
each entity may effectively and efficiently perform the functions |
|
and duties assigned to it. Neither the Texas Racing Commission nor |
|
the Texas Department of Licensing and Regulation may impose or |
|
collect a fee or charge in connection with the sharing of |
|
information under the joint memorandum of understanding entered |
|
into or revised under this section. |
|
(b) The Texas Racing Commission and the Texas Department of |
|
Licensing and Regulation shall implement the joint memorandum of |
|
understanding using existing personnel and resources. |
|
(c) Otherwise confidential information shared under the |
|
memorandum of understanding remains subject to the same |
|
confidentiality requirements and legal restrictions on access to |
|
the information that are imposed by law on the entity that |
|
originally obtained or collected the information. |
|
(d) Information may be shared under the memorandum of |
|
understanding without the consent of the person who is the subject |
|
of the information. |
|
(e) The memorandum of understanding required by Subsection |
|
(a) of this section must be entered into or revised at the first |
|
official meeting of the Texas Commission of Licensing and |
|
Regulation occurring after the effective date of this section. |
|
(f) This section takes effect September 1, 2013. |
|
SECTION 3.05. (a) In addition to the memorandum of |
|
understanding required by Section 3.04 of this article, the Texas |
|
Racing Commission and the Texas Commission of Licensing and |
|
Regulation may enter into or revise one or more other joint |
|
memoranda of understanding necessary to effect the transfer of the |
|
powers and duties of the Texas Racing Commission to the Texas |
|
Commission of Licensing and Regulation and the Texas Department of |
|
Licensing and Regulation under this Act. A memorandum of |
|
understanding may include an agreement for the provision of office |
|
space, utilities, and other facility services, and support |
|
services, and the transfer of information technology as necessary |
|
or appropriate to effect the transfer of the powers and duties of |
|
the Texas Racing Commission to the Texas Commission of Licensing |
|
and Regulation and the Texas Department of Licensing and |
|
Regulation. |
|
(b) Sections 3.04(b), (c), and (d) of this article apply to |
|
a memorandum of understanding entered into or revised under |
|
Subsection (a) of this section. |
|
(c) This section takes effect September 1, 2013. |
|
SECTION 3.06. Except as otherwise provided by this Act, |
|
this Act takes effect January 1, 2014. |