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A BILL TO BE ENTITLED
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AN ACT
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relating to the nonsubstantive revision of the Texas Racing Act, |
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including conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF THE TEXAS RACING ACT |
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SECTION 1.01. Title 13, Occupations Code, is amended by adding Subtitle A-1 to read as follows: |
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SUBTITLE A-1. TEXAS RACING ACT |
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CHAPTER 2021. GENERAL PROVISIONS |
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CHAPTER 2022. TEXAS RACING COMMISSION |
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CHAPTER 2023. COMMISSION AND RACE MEETING OFFICIAL POWERS |
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AND DUTIES |
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CHAPTER 2024. POWERS AND DUTIES OF COMPTROLLER |
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CHAPTER 2025. LICENSING |
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CHAPTER 2026. RACETRACK OPERATION AND PREMISES |
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CHAPTER 2027. WAGERING |
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CHAPTER 2028. PARI-MUTUEL POOLS, PURSES, AND FEES |
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CHAPTER 2029. ALLOCATION OF RACING DAYS |
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CHAPTER 2030. TEXAS-BRED HORSES AND GREYHOUNDS |
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CHAPTER 2031. TEXAS DERBIES |
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CHAPTER 2032. LIVESTOCK SHOWS, EXHIBITS, AND FAIRS |
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CHAPTER 2033. CRIMINAL AND ADMINISTRATIVE PENALTIES; |
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DISCIPLINARY POWERS |
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CHAPTER 2034. UNLAWFUL INFLUENCE ON RACING |
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CHAPTER 2035. LOCAL OPTION ELECTION TO LEGALIZE |
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PARI-MUTUEL WAGERING |
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SUBTITLE A-1. TEXAS RACING ACT |
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CHAPTER 2021. GENERAL PROVISIONS |
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Sec. 2021.001. SHORT TITLE |
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Sec. 2021.002. PURPOSE |
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Sec. 2021.003. GENERAL DEFINITIONS |
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Sec. 2021.004. DEFINITIONS USED IN ADMINISTERING THIS |
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SUBTITLE |
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Sec. 2021.005. PRECEDENCE OF SUIT UNDER TITLE |
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Sec. 2021.006. RELEASE OF CIVIL LIABILITY |
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Sec. 2021.007. FEE OR PAYMENT IN LIEU OF OTHER STATE |
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TAXES AND FEES |
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Sec. 2021.008. SUNSET PROVISION |
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CHAPTER 2021. GENERAL PROVISIONS |
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Sec. 2021.001. SHORT TITLE. This subtitle may be cited as |
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the Texas Racing Act. (V.A.C.S. Art. 179e, Sec. 1.01.) |
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Sec. 2021.002. PURPOSE. The purpose of this subtitle is to |
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provide for the strict regulation of horse racing and greyhound |
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racing and the control of pari-mutuel wagering in connection with |
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that racing. (V.A.C.S. Art. 179e, Sec. 1.02.) |
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Sec. 2021.003. GENERAL DEFINITIONS. In this subtitle: |
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(1) "Accredited Texas-bred horse" means a Texas-bred |
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horse that meets the accreditation requirements of the state horse |
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breed registry for that breed of horse. |
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(2) "Active license" means a racetrack license |
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designated by the commission as active. |
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(3) "Appaloosa horse" means a horse that is registered |
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by the Appaloosa Horse Club. |
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(4) "Applicant" means a person with a legal, |
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equitable, or beneficial interest in a license application. |
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(5) "Arabian horse" means a horse that is registered |
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by the Arabian Horse Association or by the Canadian Arabian Horse |
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Registry. |
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(6) "Breakage" means the odd cents by which the amount |
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payable on each dollar wagered exceeds a multiple of 10 cents, |
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except in a minus pool, in which the breakage must be in multiples |
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of five cents. |
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(7) "Child" means an individual younger than 16 years |
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of age. |
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(8) "Commission" means the Texas Racing Commission. |
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(9) "Concessionaire" means a person licensed by the |
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commission to sell refreshments or souvenirs at a racetrack. |
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(10) "Contraband" means: |
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(A) an item the possession of which is unlawful |
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under this subtitle, a commission rule, or other law; |
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(B) an item that might reasonably have the effect |
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of unnaturally depressing, stimulating, or exciting an animal |
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during a race in a manner contrary to this subtitle or a commission |
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rule, including a prohibited device or prohibited substance; or |
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(C) a document, including a credential or forged |
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ticket, possessed or used by an individual in violation of this |
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subtitle or a commission rule. |
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(11) "Credential" means any document indicating |
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authority or permission under this subtitle, including a license, |
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certificate, and identification card. |
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(12) "Cross-species simulcast signal" means a |
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simulcast signal of a horse race at a greyhound racetrack or a |
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simulcast signal of a greyhound race at a horse racetrack. |
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(13) "Enclosure" means all areas of a racetrack |
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association's grounds, including the parking area, to which |
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admission is ordinarily obtained only on payment of an admission |
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fee or presentation of an official credential. |
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(14) "Executive director" means the executive |
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director of the commission. |
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(15) "Greyhound" means a purebred greyhound dog |
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registered by the National Greyhound Association. |
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(16) "Greyhound racing" means any race in which two or |
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more greyhounds engage in a contest of speed or endurance or pursue |
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a mechanical lure. |
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(17) "Greyhound racing day" means a day on which a |
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racetrack association conducts greyhound racing. "One racing day" |
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means a period beginning at noon and ending at 2 a.m. the next |
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calendar day, other than a day on which a matinee performance is |
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conducted. |
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(18) "Horse race meeting" means the conducting of |
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horse races on a day or during a period of consecutive or |
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nonconsecutive days. |
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(19) "Horse racing day" means the 24-hour period |
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ending at 12 midnight. |
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(20) "Horsemen's organization" means an organization |
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recognized by the commission that: |
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(A) represents horse owners and trainers in |
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negotiating and contracting with racetrack associations on |
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subjects relating to racing; and |
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(B) represents and advocates the interests of |
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horse owners and trainers before administrative, legislative, and |
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judicial forums. |
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(21) "Inactive license" means a racetrack license |
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designated by the commission as inactive. |
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(22) "Judge" means a racing official with general |
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authority and supervision over: |
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(A) the conduct of a greyhound race meeting; and |
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(B) all license holders at a racetrack during a |
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greyhound race meeting. |
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(23) "Live pari-mutuel pool" means the total amount of |
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money wagered by patrons on the result of a particular live race or |
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combination of live races within the enclosure of the racetrack |
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association where the race is being run. |
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(24) "Maiden" means a horse that has never won a race |
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at a race meeting authorized by the commission or by another racing |
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jurisdiction. |
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(25) "Matinee performance" means any performance |
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starting between 10 a.m. and 5 p.m. on a day other than Sunday. |
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(26) "Minor" means an individual younger than 21 years |
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of age. |
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(27) "Multiple wagering" means wagering on two or more |
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animals in one race or on one or more animals in more than one race. |
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"Multiple two wagering" means wagering on two animals in one or more |
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races. "Multiple three wagering" means wagering on three or more |
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animals in one or more races. |
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(28) "National historic district" means a district |
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included in or eligible for inclusion in the National Register of |
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Historic Places under 54 U.S.C. Section 302101 et seq. |
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(29) "Nonprofit corporation" means a nonprofit |
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corporation governed by Chapter 22, Business Organizations Code, |
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that: |
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(A) does not distribute any of its income to its |
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members, officers, or governing body, other than as reasonable |
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compensation for services; |
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(B) has a governing body or officers elected by a |
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vote of members or by a vote of delegates elected by the members; |
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and |
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(C) has obtained an exemption under Section 501 |
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of the Internal Revenue Code of 1986. |
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(30) "Outstanding ticket" means a pari-mutuel ticket |
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not presented for payment before the end of the horse racing day or |
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greyhound racing day for which the ticket was purchased. |
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(31) "Paint horse" means a horse that is registered by |
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the American Paint Horse Association. |
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(32) "Pari-mutuel pool" means the total amount of |
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money wagered by patrons on the result of a particular race or |
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combination of races, divided into separate mutuel pools for win, |
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place, show, or combinations. |
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(33) "Pari-mutuel voucher" means a bearer instrument, |
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issued by a pari-mutuel wagering machine, that represents money |
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owned by a wagering patron and held by a racetrack association, |
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including winnings from a pari-mutuel wager. |
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(34) "Pari-mutuel wagering" means the form of wagering |
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on the outcome of horse racing or greyhound racing in which persons |
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who wager purchase tickets of various denominations on an animal or |
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animals and all wagers for each race are pooled and held by the |
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racetrack association for distribution of the total amount, less |
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the deductions authorized by this subtitle, to holders of tickets |
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on the winning animals. |
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(35) "Performance" means the consecutive running of a |
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specified number of greyhound races as determined by the |
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commission. |
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(36) "Person" includes any individual or entity |
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capable of holding a legal or beneficial interest in property. |
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(37) "Prohibited device" means: |
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(A) a spur or an electrical or other device |
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prohibited by a commission rule regulating the unlawful influence |
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of a race; or |
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(B) a device specifically designed, made, or |
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adapted to influence or affect the outcome of a race in a manner |
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contrary to this subtitle or a commission rule. |
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(38) "Prohibited substance" means a drug, chemical, or |
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other substance that: |
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(A) in use or in intended use, is reasonably |
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capable of influencing or affecting the outcome of a race in a |
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manner contrary to this subtitle or a commission rule; and |
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(B) is prohibited by a commission rule regulating |
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the unlawful influence of a race. |
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(39) "Quarter horse" means a horse that is registered |
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by the American Quarter Horse Association. |
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(40) "Race" includes a live audio and visual signal of |
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a race. |
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(41) "Racetrack" means a facility licensed under this |
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subtitle for the conduct of pari-mutuel wagering on horse racing or |
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greyhound racing. |
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(42) "Racetrack association" means a person licensed |
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under this subtitle to conduct a horse race meeting or a greyhound |
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race meeting with pari-mutuel wagering. |
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(43) "Receiving location" means a racetrack |
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association in this state that has been allocated live and |
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simulcast race dates or a facility not located in this state that is |
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authorized to conduct wagering under the law of the jurisdiction in |
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which it is located. |
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(44) "Regular wagering" means wagering on a single |
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horse or greyhound in a single race. The term includes wagering on |
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the win pool, the place pool, or the show pool. |
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(45) "Sending track" means any licensed track for |
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horse or greyhound racing in this state or another state from which |
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a race is transmitted. |
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(46) "Simulcast" means the telecast or other |
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transmission of live audio and visual signals of a race, |
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transmitted from a sending track to a receiving location, for the |
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purpose of wagering conducted on the race at the receiving |
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location. |
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(47) "Simulcast pari-mutuel pool" means the total |
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amount of money wagered by patrons at a racetrack in this state on |
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the result of a particular simulcast race or combination of |
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simulcast races. |
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(48) "State horse breed registry" means a designated |
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association administering accredited Texas-bred horse requirements |
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for a specific breed of horses. |
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(49) "Steward" means a racing official with general |
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authority and supervision over: |
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(A) the conduct of a horse race meeting; and |
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(B) all license holders at a racetrack during a |
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horse race meeting. |
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(50) "Texas-bred horse" means a horse qualified under |
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commission rules that is: |
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(A) sired by a stallion standing in Texas at the |
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time of conception and foaled by a mare in Texas; |
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(B) foaled by a mare bred outside Texas and |
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brought into Texas to foal at any time in the mare's lifetime if the |
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mare is bred back to a stallion standing in Texas; or |
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(C) a Thoroughbred or Arabian horse foaled in |
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Texas by an accredited Texas-bred mare if the mare was bred outside |
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Texas and returned to Texas on or before August 15 of the calendar |
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year of conception. |
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(51) "Thoroughbred horse" means a horse that is |
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registered by the Jockey Club. |
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(52) "Thoroughbred racing" means the form of horse |
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racing in which Thoroughbred horses mounted by jockeys engage in a |
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race. |
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(53) "Touting" means an offense described by Section |
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2033.013 or a similar offense under the laws of another state. |
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(54) "Trainer" means a person who is licensed by the |
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commission to train horses or greyhounds. |
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(55) "Veterinarian" means a person licensed under |
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Chapter 801. (V.A.C.S. Art. 179e, Secs. 1.03(1), (2), (3), (6), |
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(7), (8), (9), (11), (13), (15), (17), (18), (19), (20), (21), (22), |
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(24), (25), (26), (35), (36), (42), (43), (45), (46), (47), (48), |
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(50), (51), (52), (53), (54), (57), (59), (60), (61), (62), (63), |
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(64), (65), (66), (68), (69), (70), (71), (72), (73), (74), (75), |
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(76), (77), (78), (79), (80), (81).) |
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Sec. 2021.004. DEFINITIONS USED IN ADMINISTERING SUBTITLE. |
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For the purpose of administering this subtitle: |
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(1) "Authorized agent" means a person appointed by an |
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owner of a horse to represent the owner. The term is limited to a |
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person who is appointed by a written instrument that the commission |
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acknowledges and approves. |
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(2) "Clerk of scales" means a racetrack official who |
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is responsible for weighing a jockey before and after a race. |
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(3) "Handicapper" means a person who predicts the |
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winner of a horse race. |
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(4) "Horseshoe inspector" means a racetrack official |
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who inspects the shoes of the horses entered in a race. |
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(5) "Jockey" or "apprentice jockey" means a |
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professional rider licensed by the commission to ride in horse |
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races. |
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(6) "Jockey room custodian" means a person who |
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maintains the premises of a room in which jockeys prepare for a |
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race. |
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(7) "Official starter" means a racetrack official who |
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is in charge of the start of a race. |
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(8) "Paddock judge" means a racetrack official who |
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supervises animals entered in a race while the animals are |
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assembled before the beginning of a race in an enclosure on the |
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grounds of a racetrack. |
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(9) "Patrol judge" means a racetrack official who is |
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stationed at a set point along the racetrack to monitor the running |
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of a race. |
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(10) "Quarter horse racing" means the form of horse |
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racing in which quarter horses mounted by jockeys engage in a race. |
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(11) "Stable foreman" means the person in charge of |
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the building in which horses are lodged and fed. |
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(12) "Timer" means a racetrack official who times the |
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running of a race. (V.A.C.S. Art. 179e, Secs. 1.03(10), (27), (28), |
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(30), (31), (32), (34), (37), (38), (39), (40), (41); New.) |
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Sec. 2021.005. PRECEDENCE OF SUIT UNDER TITLE. A court |
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shall accelerate the disposition of an action brought under this |
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subtitle. (V.A.C.S. Art. 179e, Secs. 16.16, 18.04.) |
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Sec. 2021.006. RELEASE OF CIVIL LIABILITY. A commission |
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member, a commission employee, a steward or judge, a racetrack |
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association, a horsemen's organization, or any other person |
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regulated under this subtitle is not liable for a cause of action |
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that arises out of that person's performance or exercise of |
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discretion in the implementation or enforcement of this subtitle or |
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a rule adopted under this subtitle if the person has acted in good |
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faith. (V.A.C.S. Art. 179e, Sec. 18.06.) |
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Sec. 2021.007. FEE OR PAYMENT IN LIEU OF OTHER STATE TAXES |
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AND FEES. (a) A fee or payment collected by this state under this |
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subtitle is in lieu of any other fee, payment, or tax imposed by |
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this state. |
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(b) This section does not preclude the application of: |
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(1) the sales tax or an increase in the sales tax to |
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the sale or purchase of a taxable item by a person licensed under |
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this subtitle; or |
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(2) the franchise tax to a person licensed under this |
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subtitle. (V.A.C.S. Art. 179e, Sec. 18.05.) |
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Sec. 2021.008. SUNSET PROVISION. (a) The commission is |
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subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, and except as |
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provided by Subsections (b) and (c), the commission is abolished |
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and this subtitle expires September 1, 2023. |
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(b) If, at the time the commission would be abolished under |
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Subsection (a), a racetrack association has outstanding long-term |
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liabilities: |
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(1) the racetrack association may continue to operate |
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for a period not to exceed one year after those liabilities are |
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satisfied; and |
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(2) the commission and this subtitle are continued in |
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effect for the purpose of regulating that racetrack association |
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under this subtitle. |
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(c) If the commission and this subtitle are continued in |
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effect under Subsection (b), the commission is abolished and this |
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subtitle expires on the first day of the state fiscal year following |
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the state fiscal year in which the commission certifies to the |
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secretary of state that no racetrack associations are operating |
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under the terms of Subsection (b). |
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(d) A racetrack association that continues to operate under |
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Subsection (b) may not incur any new liability without commission |
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approval. At the beginning of that period, the commission shall: |
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(1) review the outstanding liabilities of the |
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racetrack association; and |
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(2) set a specific date by which the racetrack |
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association must retire its outstanding liabilities. |
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(e) Notwithstanding any contrary contract provision, a |
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racetrack association may prepay any debt incurred by the racetrack |
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association in conducting racing under this subtitle. (V.A.C.S. Art. 179e, Sec. 18.01.) |
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CHAPTER 2022. TEXAS RACING COMMISSION |
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SUBCHAPTER A. COMPOSITION AND OPERATION |
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Sec. 2022.001. COMMISSION MEMBERSHIP |
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Sec. 2022.002. TERM OF OFFICE |
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Sec. 2022.003. FINANCIAL STATEMENT REQUIRED |
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Sec. 2022.004. RESTRICTIONS ON COMMISSION APPOINTMENT, |
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MEMBERSHIP, AND EMPLOYMENT |
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Sec. 2022.005. GROUNDS FOR REMOVAL |
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Sec. 2022.006. MEMBER TRAINING |
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Sec. 2022.007. MEMBER PER DIEM AND REIMBURSEMENT FOR |
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EXPENSES |
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Sec. 2022.008. PRESIDING OFFICER |
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Sec. 2022.009. COMMISSION MEETINGS; RECORD OF |
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COMMISSION VOTES |
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Sec. 2022.010. COMMISSION OFFICES |
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Sec. 2022.011. MONEY PAID TO COMMISSION |
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Sec. 2022.012. LEGAL REPRESENTATION |
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Sec. 2022.013. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION PROCEDURES |
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Sec. 2022.014. PUBLIC PARTICIPATION |
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SUBCHAPTER B. COMMISSION STAFF |
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Sec. 2022.051. EXECUTIVE DIRECTOR; DUTIES |
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Sec. 2022.052. EMPLOYEES; RESTRICTIONS ON EMPLOYMENT |
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Sec. 2022.053. COMMISSION INVESTIGATORS |
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Sec. 2022.054. CAREER LADDER; PERFORMANCE EVALUATIONS |
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Sec. 2022.055. EQUAL EMPLOYMENT OPPORTUNITY POLICY |
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Sec. 2022.056. DIVISION OF RESPONSIBILITY |
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Sec. 2022.057. BACKGROUND CHECKS AND QUALIFICATION |
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CRITERIA |
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Sec. 2022.058. PROHIBITION ON EMPLOYMENT OF FORMER |
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COMMISSION MEMBERS OR EMPLOYEES BY |
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RACETRACK ASSOCIATION; CRIMINAL PENALTY |
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SUBCHAPTER C. RECORDS AND INFORMATION |
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Sec. 2022.101. PUBLIC INTEREST INFORMATION |
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Sec. 2022.102. INFORMATION RELATING TO COMPLAINT |
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PROCEDURES |
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Sec. 2022.103. COMMISSION INVESTIGATIVE FILES |
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CONFIDENTIAL |
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Sec. 2022.104. INTERAGENCY SHARING OF RECORDS |
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Sec. 2022.105. BOOKS AND RECORDS; INSPECTION |
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Sec. 2022.106. PUBLIC INSPECTION OF RECORDS |
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CHAPTER 2022. TEXAS RACING COMMISSION |
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SUBCHAPTER A. COMPOSITION AND OPERATION |
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Sec. 2022.001. COMMISSION MEMBERSHIP. (a) The commission |
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consists of: |
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(1) seven members appointed by the governor with the |
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advice and consent of the senate; and |
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(2) two ex officio members who have the right to vote. |
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(b) The ex officio members are: |
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(1) the chair of the Public Safety Commission, or a |
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member of the Public Safety Commission designated by the chair; and |
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(2) the comptroller or the comptroller's designee. |
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(c) Of the appointed commission members: |
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(1) five members must be representatives of the |
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general public and have general knowledge of business or |
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agribusiness; |
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(2) one additional member must have special knowledge |
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or experience related to horse racing; and |
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(3) one additional member must have special knowledge |
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or experience related to greyhound racing. |
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(d) At least one of the members appointed under Subsection |
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(c)(1) may be a veterinarian. Holding a veterinarian's license |
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satisfies the requirement that the person have general knowledge of |
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business or agribusiness. |
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(e) Appointments to the commission shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointees. |
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(f) In making appointments to the commission, the governor |
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shall attempt to reflect the minority groups found in the state's |
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general populace. (V.A.C.S. Art. 179e, Secs. 2.02, 2.05(a) (part).) |
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Sec. 2022.002. TERM OF OFFICE. (a) Appointed commission |
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members hold office for staggered terms of six years with the terms |
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of two or three members expiring February 1 of each odd-numbered |
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year. |
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(b) An ex officio member holds office on the commission for |
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the time the member holds the member's other office. (V.A.C.S. Art. |
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179e, Secs. 2.03(a) (part), (b).) |
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Sec. 2022.003. FINANCIAL STATEMENT REQUIRED. (a) Each |
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appointed commission member and the executive director is an |
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"appointed officer of a major state agency" for purposes of Chapter |
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572, Government Code. |
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(b) An appointed commission member shall file a detailed |
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financial statement with the secretary of state of the type |
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required by the Texas Department of Banking in the application for a |
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state bank charter. The financial statement is public information |
|
under Chapter 552, Government Code. (V.A.C.S. Art. 179e, Sec. |
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2.06.) |
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Sec. 2022.004. RESTRICTIONS ON COMMISSION APPOINTMENT, |
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MEMBERSHIP, AND EMPLOYMENT. (a) In this section, "Texas trade |
|
association" means a cooperative and voluntarily joined statewide |
|
association of business or professional competitors in this state |
|
designed to assist its members and its industry or profession in |
|
dealing with mutual business or professional problems and in |
|
promoting their common interest. |
|
(b) A person may not be a commission member and may not be a |
|
commission employee employed in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of horse or |
|
greyhound racing or breeding; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of horse or |
|
greyhound racing or breeding. |
|
(c) A person may not be a commission member or act as the |
|
general counsel to the commission if the person is required to |
|
register as a lobbyist under Chapter 305, Government Code, because |
|
of the person's activities for compensation on behalf of a |
|
profession related to the operation of the commission. |
|
(d) An appointed member is not eligible to serve on the |
|
commission unless that member has been a resident of this state for |
|
at least 10 consecutive years immediately before appointment. |
|
(e) A person is not eligible for appointment as a commission |
|
member if: |
|
(1) the person or the person's spouse: |
|
(A) is licensed by the commission, except as a |
|
commissioner; |
|
(B) is employed by the commission or participates |
|
in the management of a business entity or other organization |
|
regulated by the commission or receiving funds from or through the |
|
commission; |
|
(C) owns or controls, directly or indirectly, |
|
more than a 10 percent interest in a business entity or other |
|
organization regulated by the commission or receiving funds from or |
|
through the commission; or |
|
(D) uses or receives a substantial amount of |
|
tangible goods, services, or funds from or through the commission, |
|
other than compensation or reimbursement authorized by law for |
|
commission membership, attendance, or expenses; or |
|
(2) the person: |
|
(A) owns any financial interest in a racetrack or |
|
its operation or is related within the second degree by affinity or |
|
the third degree by consanguinity, as determined under Subchapter |
|
B, Chapter 573, Government Code, to a person who owns any financial |
|
interest in a racetrack or its operation; or |
|
(B) has been convicted of a felony or of any crime |
|
involving moral turpitude. (V.A.C.S. Art. 179e, Secs. 2.04, 2.05(a) |
|
(part), (b), (d), 2.071.) |
|
Sec. 2022.005. GROUNDS FOR REMOVAL. (a) It is a ground for |
|
removal from the commission if a member: |
|
(1) does not have at the time of appointment the |
|
qualifications required by Sections 2022.001, 2022.004, and |
|
2022.057; |
|
(2) does not maintain during service on the commission |
|
the qualifications required by Sections 2022.001, 2022.004, and |
|
2022.057; |
|
(3) violates a prohibition established by Section |
|
2022.004; |
|
(4) cannot, because of illness or disability, |
|
discharge the member's duties for a substantial part of the member's |
|
term; or |
|
(5) is absent from more than half of the regularly |
|
scheduled commission meetings that the member is eligible to attend |
|
during a calendar year. |
|
(b) The validity of an action of the commission is not |
|
affected by the fact that it is taken when a ground for removal of a |
|
commission member exists. |
|
(c) If the executive director has knowledge that a potential |
|
ground for removal exists, the executive director shall notify the |
|
presiding officer of the commission of the potential ground. The |
|
presiding officer shall then notify the governor and the attorney |
|
general that a potential ground for removal exists. If the |
|
potential ground for removal involves the presiding officer, the |
|
executive director shall notify the next highest officer of the |
|
commission, who shall notify the governor and the attorney general |
|
that a potential ground for removal exists. (V.A.C.S. Art. 179e, |
|
Sec. 2.073.) |
|
Sec. 2022.006. MEMBER TRAINING. (a) To be eligible to |
|
take office as a commission member, a person appointed to the |
|
commission must complete at least one course of a training program |
|
that complies with this section. |
|
(b) The training program must provide information to the |
|
person regarding: |
|
(1) the enabling legislation that created the |
|
commission; |
|
(2) the programs operated by the commission; |
|
(3) the role and functions of the commission; |
|
(4) commission rules, with an emphasis on the rules |
|
that relate to disciplinary and investigatory authority; |
|
(5) the current budget for the commission; |
|
(6) the results of the most recent formal audit of the |
|
commission; |
|
(7) the requirements of: |
|
(A) Chapter 551, Government Code; |
|
(B) Chapter 552, Government Code; and |
|
(C) Chapter 2001, Government Code; |
|
(8) the requirements of the conflict of interest laws |
|
and other laws relating to public officials; and |
|
(9) any applicable ethics policies adopted by the |
|
commission or the Texas Ethics Commission. |
|
(c) A person appointed to the commission is entitled to |
|
reimbursement for travel expenses incurred in attending the |
|
training program, as provided by the General Appropriations Act and |
|
as if the person were a commission member. (V.A.C.S. Art. 179e, Sec. |
|
2.074.) |
|
Sec. 2022.007. MEMBER PER DIEM AND REIMBURSEMENT FOR |
|
EXPENSES. (a) An appointed commission member is entitled to: |
|
(1) a per diem in an amount prescribed by legislative |
|
appropriation for each day spent in performing the duties of the |
|
office; and |
|
(2) reimbursement for actual and necessary expenses |
|
incurred in performing the duties of the office. |
|
(b) Reimbursement for expenses under this section is |
|
subject to any applicable limitation in the General Appropriations |
|
Act. |
|
(c) An ex officio commission member is entitled to |
|
reimbursement for expenses from the member's agency as provided by |
|
law for expenses incurred in the performance of the member's other |
|
official duties. (V.A.C.S. Art. 179e, Sec. 2.08.) |
|
Sec. 2022.008. PRESIDING OFFICER. The governor shall |
|
designate a public member of the commission as the presiding |
|
officer of the commission to serve in that capacity at the pleasure |
|
of the governor. (V.A.C.S. Art. 179e, Sec. 2.10.) |
|
Sec. 2022.009. COMMISSION MEETINGS; RECORD OF COMMISSION |
|
VOTES. (a) The commission shall hold at least six regular meetings |
|
each year on dates fixed by the commission. |
|
(b) The commission shall adopt rules providing for the |
|
holding of special meetings. |
|
(c) The commission shall keep at the commission's general |
|
office a public record of every vote. (V.A.C.S. Art. 179e, Secs. |
|
2.11(a), (c).) |
|
Sec. 2022.010. COMMISSION OFFICES. The commission shall |
|
maintain a general office of the commission in Austin and may also |
|
establish branch offices. (V.A.C.S. Art. 179e, Sec. 2.09.) |
|
Sec. 2022.011. MONEY PAID TO COMMISSION. All money paid to |
|
the commission under this subtitle is subject to Subchapter F, |
|
Chapter 404, Government Code. (V.A.C.S. Art. 179e, Sec. 2.18.) |
|
Sec. 2022.012. LEGAL REPRESENTATION. The attorney general |
|
shall: |
|
(1) designate at least one member of the attorney |
|
general's staff to counsel and advise the commission and to |
|
represent the commission in legal proceedings; and |
|
(2) make available to the appropriate prosecuting |
|
attorneys any information obtained regarding violations of this |
|
subtitle. (V.A.C.S. Art. 179e, Sec. 2.14.) |
|
Sec. 2022.013. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop |
|
and implement a policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of commission rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the commission's |
|
jurisdiction. |
|
(b) The commission's procedures relating to alternative |
|
dispute resolution shall conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The commission shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. (V.A.C.S. Art. 179e, Sec. 2.25.) |
|
Sec. 2022.014. PUBLIC PARTICIPATION. (a) The commission |
|
by rule shall develop and implement policies that provide the |
|
public with a reasonable opportunity to appear before the |
|
commission and to speak on any issue under the jurisdiction of the |
|
commission. |
|
(b) The executive director shall prepare and maintain a |
|
written plan that describes how a person who does not speak English |
|
can be provided reasonable access to the commission's programs and |
|
services. (V.A.C.S. Art. 179e, Secs. 2.11(d), 2.22 (part).) |
|
SUBCHAPTER B. COMMISSION STAFF |
|
Sec. 2022.051. EXECUTIVE DIRECTOR; DUTIES. (a) The |
|
commission shall employ an executive director. The executive |
|
director serves at the pleasure of the commission on a full-time |
|
basis and may not hold other employment. |
|
(b) The executive director shall: |
|
(1) keep the records of the commission; and |
|
(2) perform other duties required by the commission. |
|
(c) The executive director or the executive director's |
|
designee shall provide to commission members and employees, as |
|
often as necessary, information regarding their qualification for |
|
office or employment under this subtitle and their responsibilities |
|
under applicable laws relating to standards of conduct for state |
|
officers or employees. (V.A.C.S. Art. 179e, Secs. 2.12(a) (part), |
|
2.13, 2.20.) |
|
Sec. 2022.052. EMPLOYEES; RESTRICTIONS ON EMPLOYMENT. (a) |
|
The commission shall hire employees as necessary to administer this |
|
subtitle. |
|
(b) The commission shall employ the executive director and |
|
other employees to reflect the diversity of the state's population |
|
with regard to race, color, disability, sex, religion, age, and |
|
national origin. |
|
(c) The commission may not employ or continue to employ a |
|
person who: |
|
(1) owns or controls a financial interest in a |
|
commission license holder; |
|
(2) is employed by or serves as a paid consultant to a |
|
commission license holder, an official state breed registry, or a |
|
Texas trade association, as defined by Section 2022.004(a), in the |
|
field of horse or greyhound racing or breeding; |
|
(3) owns or leases a race animal that participates in |
|
pari-mutuel racing in this state; |
|
(4) accepts or is entitled to any part of the purse or |
|
Texas-bred incentive award to be paid on a horse or a greyhound in a |
|
race conducted in this state; or |
|
(5) resides with or is related within the first degree |
|
by affinity or consanguinity to a person subject to a |
|
disqualification prescribed by this subsection. (V.A.C.S. Art. |
|
179e, Secs. 2.12(a) (part), (b), (c), (d).) |
|
Sec. 2022.053. COMMISSION INVESTIGATORS. (a) The |
|
commission may commission as many investigators as the commission |
|
determines necessary to enforce this subtitle and commission rules. |
|
(b) An investigator commissioned under this section shall |
|
take the constitutional oath of office and file it with the |
|
commission. |
|
(c) An investigator commissioned under this section has the |
|
powers of a peace officer. (V.A.C.S. Art. 179e, Sec. 11.01(a-1).) |
|
Sec. 2022.054. CAREER LADDER; PERFORMANCE EVALUATIONS. (a) |
|
The executive director or the executive director's designee shall |
|
develop an intra-agency career ladder program that addresses |
|
opportunities for mobility and advancement for employees within the |
|
commission. The program shall require intra-agency posting of all |
|
positions concurrently with any public posting. |
|
(b) The executive director or the executive director's |
|
designee shall develop a system of annual performance evaluations |
|
based on documented employee performance. All merit pay for |
|
commission employees must be based on the system established under |
|
this subsection. (V.A.C.S. Art. 179e, Secs. 2.19(a), (b).) |
|
Sec. 2022.055. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) |
|
The executive director or the executive director's designee shall |
|
prepare and maintain a written policy statement to assure |
|
implementation of a program of equal employment opportunity under |
|
which all personnel transactions are made without regard to race, |
|
color, disability, sex, religion, age, or national origin. |
|
(b) The policy statement must include: |
|
(1) personnel policies, including policies relating |
|
to recruitment, evaluation, selection, appointment, training, and |
|
promotion of personnel that comply with the requirements of Chapter |
|
21, Labor Code; |
|
(2) a comprehensive analysis of the commission |
|
workforce that meets federal and state laws, rules, regulations, |
|
and instructions directly promulgated from those laws, rules, and |
|
regulations; |
|
(3) procedures by which a determination can be made |
|
about the extent of underuse in the commission workforce of all |
|
persons for whom federal or state laws, rules, regulations, and |
|
instructions directly promulgated from those laws, rules, and |
|
regulations encourage a more equitable balance; and |
|
(4) reasonable methods to appropriately address those |
|
areas of underuse. |
|
(c) The policy statement must: |
|
(1) cover an annual period and be updated annually; |
|
(2) be reviewed by the Texas Workforce Commission for |
|
compliance with Subsection (b)(1); and |
|
(3) be filed with the governor's office. (V.A.C.S. |
|
Art. 179e, Secs. 2.19(c), (d).) |
|
Sec. 2022.056. DIVISION OF RESPONSIBILITY. The commission |
|
by rule shall develop and implement policies that clearly separate |
|
the policymaking responsibilities of the commission and the |
|
management responsibilities of the executive director and the |
|
commission staff. (V.A.C.S. Art. 179e, Sec. 2.21.) |
|
Sec. 2022.057. BACKGROUND CHECKS AND QUALIFICATION |
|
CRITERIA. Each person appointed to or employed by the commission is |
|
subject to all background checks and qualification criteria |
|
required to hold a racetrack license or other license under this |
|
subtitle. (V.A.C.S. Art. 179e, Sec. 2.05(c).) |
|
Sec. 2022.058. PROHIBITION ON EMPLOYMENT OF FORMER |
|
COMMISSION MEMBERS OR EMPLOYEES BY RACETRACK ASSOCIATION; CRIMINAL |
|
PENALTY. (a) A racetrack association may not employ a person who |
|
has been a commission member, the executive director, or a |
|
commission employee in a position in the state employment |
|
classification plan of grade 12 or above, or a 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 racetrack association. |
|
(b) A person may not seek or accept employment with a |
|
racetrack association if the racetrack association would violate |
|
this section by employing the person. |
|
(c) A racetrack association or person who violates this |
|
section commits an offense. (V.A.C.S. Art. 179e, Sec. 6.16.) |
|
SUBCHAPTER C. RECORDS AND INFORMATION |
|
Sec. 2022.101. PUBLIC INTEREST INFORMATION. (a) The |
|
commission shall prepare information of public interest describing |
|
the functions of the commission and the procedures by which |
|
complaints are filed with and resolved by the commission. |
|
(b) The commission shall make the information described by |
|
Subsection (a) available to the public and appropriate state |
|
agencies. (V.A.C.S. Art. 179e, Sec. 2.23(a).) |
|
Sec. 2022.102. INFORMATION RELATING TO COMPLAINT |
|
PROCEDURES. (a) The commission by rule shall establish methods by |
|
which racetrack patrons are notified of the name, mailing address, |
|
and telephone number of the commission for the purpose of directing |
|
complaints to the commission. The commission may provide the |
|
notification: |
|
(1) on every race performance program provided by each |
|
racetrack association; or |
|
(2) on signs prominently displayed in the common |
|
public areas on the premises of each racetrack. |
|
(b) The commission shall keep information about each |
|
complaint filed with the commission. The information must include: |
|
(1) the date the complaint is received; |
|
(2) the name of the complainant; |
|
(3) the subject matter of the complaint; |
|
(4) a record of all persons contacted in relation to |
|
the complaint; |
|
(5) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(6) for complaints for which the commission took no |
|
action, an explanation of the reason the complaint was closed |
|
without action. |
|
(c) The commission shall keep a file about each written |
|
complaint filed with the commission that the commission has |
|
authority to resolve. The commission shall provide to the person |
|
filing the complaint and to the persons who are subjects of the |
|
complaint the commission's policies and procedures pertaining to |
|
complaint investigation and resolution. |
|
(d) The commission, at least quarterly and until final |
|
disposition of a complaint, shall notify the person filing the |
|
complaint and the persons who are subjects of the complaint of the |
|
status of the complaint unless the notice would jeopardize an |
|
undercover investigation. (V.A.C.S. Art. 179e, Secs. 2.23(b), |
|
2.24.) |
|
Sec. 2022.103. COMMISSION INVESTIGATIVE FILES |
|
CONFIDENTIAL. (a) The contents of the investigatory files of the |
|
commission are not public records and are confidential except: |
|
(1) in a criminal proceeding; |
|
(2) in a hearing conducted by the commission; |
|
(3) on court order; or |
|
(4) with the consent of the party being investigated. |
|
(b) Except as otherwise provided by this subtitle, the |
|
files, records, information, compilations, documents, photographs, |
|
reports, summaries, and reviews of information and related matters |
|
that are collected, retained, or compiled by the Department of |
|
Public Safety in the discharge of the department's duties under |
|
this subtitle are confidential and are not subject to public |
|
disclosure, but are subject to discovery by a person who is the |
|
subject of the files, records, information, compilations, |
|
documents, photographs, reports, summaries, and reviews of |
|
information and related matters that are collected, retained, or |
|
compiled by the department in the discharge of the department's |
|
duties under this subtitle. |
|
(c) An investigation report or other document submitted by |
|
the Department of Public Safety to the commission becomes part of |
|
the investigative files of the commission and is subject to |
|
discovery by a person who is the subject of the investigation report |
|
or other document submitted by the department to the commission |
|
that is part of the investigative files of the commission. |
|
(d) Information that is in a form available to the public is |
|
not privileged or confidential under this section and is subject to |
|
public disclosure. (V.A.C.S. Art. 179e, Secs. 2.15(b), 2.16.) |
|
Sec. 2022.104. INTERAGENCY SHARING OF RECORDS. The |
|
commission may share with another regulatory agency of this state |
|
any investigatory file information that creates a reasonable |
|
suspicion of a person's violation of a law or rule under that |
|
agency's jurisdiction. The agency may use the information as if it |
|
was obtained through that agency's investigatory process. |
|
(V.A.C.S. Art. 179e, Sec. 2.15(c).) |
|
Sec. 2022.105. BOOKS AND RECORDS; INSPECTION. (a) The |
|
commission shall require racetrack associations, managers, |
|
totalisator license holders, and concessionaires to keep books and |
|
records and to submit financial statements to the commission. |
|
(b) Except as provided by Section 2024.002(b), the |
|
commission shall adopt rules relating to the matters described by |
|
Subsection (a). (V.A.C.S. Art. 179e, Sec. 3.04.) |
|
Sec. 2022.106. PUBLIC INSPECTION OF RECORDS. (a) All |
|
commission records that are not made confidential by other law are |
|
open to inspection by the public during regular office hours. |
|
(b) The commission shall maintain all applications for a |
|
license under this subtitle and make the applications available for |
|
public inspection during regular office hours. (V.A.C.S. Art. 179e, Sec. 2.15(a).) |
|
|
|
CHAPTER 2023. COMMISSION AND RACE MEETING OFFICIAL POWERS AND |
|
DUTIES |
|
SUBCHAPTER A. REGULATION, SUPERVISION, AND LICENSING RELATING TO |
|
HORSE RACING AND GREYHOUND RACING |
|
Sec. 2023.001. LICENSING, REGULATION, AND SUPERVISION |
|
OF HORSE RACING AND GREYHOUND RACING |
|
Sec. 2023.002. REGULATION AND SUPERVISION OF WAGERING |
|
AT RACE MEETINGS |
|
Sec. 2023.003. OTHER LICENSING AND REGULATION: RULES |
|
AND FEES |
|
Sec. 2023.004. COMMISSION RULES |
|
Sec. 2023.005. LIMITATION ON RULES RESTRICTING |
|
COMPETITIVE BIDDING OR ADVERTISING |
|
Sec. 2023.006. CONSIDERATION OF PAST PERFORMANCE OF |
|
RACETRACK ASSOCIATION |
|
Sec. 2023.007. RIGHT OF ENTRY |
|
Sec. 2023.008. TESTIMONY AND SUBPOENA POWER |
|
Sec. 2023.009. JUDICIAL REVIEW OF COMMISSION ORDER |
|
SUBCHAPTER B. GENERAL POWERS AND DUTIES |
|
Sec. 2023.051. RECOGNITION OF ORGANIZATION |
|
Sec. 2023.052. SECURITY FOR FEES AND CHARGES |
|
Sec. 2023.053. TEXAS RACING COMMISSION FUND; |
|
ADDITIONAL APPROPRIATIONS |
|
Sec. 2023.054. COMMISSION STANDARDS ON GREYHOUND FARMS |
|
AND FACILITIES |
|
Sec. 2023.055. REPORT OF VIOLATION |
|
Sec. 2023.056. COOPERATION WITH LAW ENFORCEMENT |
|
Sec. 2023.057. ACCESS TO CRIMINAL HISTORY RECORDS |
|
Sec. 2023.058. COST OF CRIMINAL HISTORY RECORD CHECK |
|
Sec. 2023.059. DISTANCE LEARNING |
|
Sec. 2023.060. CERTIFIED DOCUMENTS |
|
Sec. 2023.061. ANNUAL REPORT |
|
SUBCHAPTER C. EMPLOYMENT OF AND SUPERVISION BY RACE MEETING |
|
OFFICIALS |
|
Sec. 2023.101. EMPLOYMENT OF STEWARDS AND JUDGES |
|
Sec. 2023.102. STEWARD AND JUDGE EXAMINATIONS |
|
Sec. 2023.103. EMPLOYMENT OF STATE VETERINARIANS |
|
Sec. 2023.104. RACE MEETING OFFICIAL COMPENSATION AND |
|
FEE |
|
Sec. 2023.105. EMPLOYMENT OF OTHER RACETRACK OFFICIALS |
|
Sec. 2023.106. RACE MEETING OFFICIAL POWERS AND |
|
DUTIES; RULES |
|
Sec. 2023.107. EXECUTIVE DIRECTOR REVIEW AND |
|
MODIFICATION OF PENALTY |
|
Sec. 2023.108. FINAL DECISION; AVAILABILITY OF APPEAL |
|
Sec. 2023.109. APPEAL FROM DECISION OF RACE MEETING |
|
OFFICIAL; DECISIONS NOT APPEALABLE |
|
CHAPTER 2023. COMMISSION AND RACE MEETING OFFICIAL POWERS AND |
|
DUTIES |
|
SUBCHAPTER A. REGULATION, SUPERVISION, AND LICENSING RELATING TO |
|
HORSE RACING AND GREYHOUND RACING |
|
Sec. 2023.001. LICENSING, REGULATION, AND SUPERVISION OF |
|
HORSE RACING AND GREYHOUND RACING. (a) Notwithstanding any |
|
contrary provision in this subtitle, the commission may license and |
|
regulate all aspects of horse racing and greyhound racing in this |
|
state, regardless of whether that racing involves pari-mutuel |
|
wagering. |
|
(b) The commission, in adopting rules and in the supervision |
|
and conduct of racing, shall consider the effect of a proposed |
|
commission action on the state's agricultural, horse breeding, |
|
horse training, greyhound breeding, and greyhound training |
|
industry. (V.A.C.S. Art. 179e, Secs. 3.02(g), 3.021(a).) |
|
Sec. 2023.002. REGULATION AND SUPERVISION OF WAGERING AT |
|
RACE MEETINGS. (a) The commission shall regulate and supervise |
|
each race meeting in this state that involves wagering on the result |
|
of horse racing or greyhound racing. Each person and thing relating |
|
to the operation of a race meeting is subject to regulation and |
|
supervision by the commission. |
|
(b) The commission shall adopt rules, issue licenses, and |
|
take any other necessary action relating exclusively to horse |
|
racing or greyhound racing. (V.A.C.S. Art. 179e, Sec. 3.02(a) |
|
(part).) |
|
Sec. 2023.003. OTHER LICENSING AND REGULATION: RULES AND |
|
FEES. (a) The commission may adopt rules for the licensing and |
|
regulation of races and workouts at tracks that do not offer |
|
pari-mutuel wagering and for workouts at training facilities to |
|
secure past performances and workouts to: |
|
(1) protect the health, safety, and welfare of race |
|
animals and participants in racing; |
|
(2) safeguard the interest of the general public; and |
|
(3) promote the orderly conduct of racing in this |
|
state. |
|
(b) The commission may charge an annual fee for licensing |
|
and regulating a track that does not offer pari-mutuel wagering or a |
|
training facility in a reasonable amount that may not exceed the |
|
actual cost of enforcing rules adopted for the licensing and |
|
regulation of races and workouts at such a facility. (V.A.C.S. Art. |
|
179e, Secs. 3.021(b), (c).) |
|
Sec. 2023.004. COMMISSION RULES. (a) The commission shall |
|
adopt: |
|
(1) rules for conducting horse racing or greyhound |
|
racing in this state that involves wagering; and |
|
(2) rules for administering this subtitle in a manner |
|
consistent with this subtitle. |
|
(b) The commission may establish separate sections to |
|
review or propose commission rules. |
|
(c) The commission or a commission section shall hold a |
|
meeting on a proposed rule before the commission publishes the |
|
proposed rule in the Texas Register. |
|
(d) The commission shall post at each racetrack notice of a |
|
meeting under Subsection (c) that includes an agenda of the meeting |
|
and a summary of the proposed rule. |
|
(e) A copy of a proposed rule published in the Texas |
|
Register shall be posted concurrently at each racetrack. |
|
(f) The commission or a commission section may appoint a |
|
committee of experts, members of the public, or other interested |
|
parties to advise the commission or section about a proposed |
|
commission rule. (V.A.C.S. Art. 179e, Secs. 3.02(a) (part), (b), |
|
(c), (d), (e), (f).) |
|
Sec. 2023.005. LIMITATION ON RULES RESTRICTING COMPETITIVE |
|
BIDDING OR ADVERTISING. The commission may not adopt rules |
|
restricting competitive bidding or advertising by a license holder |
|
except to prohibit false, misleading, or deceptive practices. |
|
Commission rules to prohibit false, misleading, or deceptive |
|
practices may not: |
|
(1) restrict the use of any medium for advertising; |
|
(2) restrict the use of a license holder's personal |
|
appearance or voice in an advertisement; |
|
(3) relate to the size or duration of an advertisement |
|
by the license holder; or |
|
(4) restrict the license holder's advertisement under |
|
a trade name. (V.A.C.S. Art. 179e, Sec. 3.021(d).) |
|
Sec. 2023.006. CONSIDERATION OF PAST PERFORMANCE OF |
|
RACETRACK ASSOCIATION. In considering a pleading of a racetrack |
|
association, the commission shall take into account the operating |
|
experience of the racetrack association in this state, including: |
|
(1) the financial condition of the racetrack; |
|
(2) the regulatory compliance and conduct; and |
|
(3) any other relevant matter concerning the operation |
|
of a racetrack. (V.A.C.S. Art. 179e, Sec. 18.07.) |
|
Sec. 2023.007. RIGHT OF ENTRY. A commission member, an |
|
authorized commission agent, a commissioned officer of the |
|
Department of Public Safety, or a peace officer of the local |
|
jurisdiction in which a racetrack association maintains a place of |
|
business may enter any part of a racetrack or any other place of |
|
business of a racetrack association at any time to enforce and |
|
administer this subtitle. (V.A.C.S. Art. 179e, Sec. 3.03.) |
|
Sec. 2023.008. TESTIMONY AND SUBPOENA POWER. (a) For |
|
purposes of this section, "agent" means an appointed agent of the |
|
commission. |
|
(b) A commission member or an agent, while involved in |
|
carrying out functions under this subtitle, may: |
|
(1) take testimony; |
|
(2) require by subpoena the attendance of a witness; |
|
and |
|
(3) require the production of books, records, papers, |
|
correspondence, and other documents that the commission considers |
|
advisable. |
|
(c) A subpoena must be issued under the signature of the |
|
commission or an agent. A person designated by the commission must |
|
serve the subpoena. |
|
(d) A commission member or an agent may administer an oath |
|
to a witness appearing before the commission or an agent. |
|
(e) If a subpoena issued under this section is disobeyed, |
|
the commission or an agent may invoke the aid of a Travis County |
|
district court in requiring compliance with the subpoena. A Travis |
|
County district court may issue an order requiring the person to |
|
appear and testify and to produce books, records, papers, |
|
correspondence, and documents. Failure to obey the court order |
|
shall be punished by the court as contempt. (V.A.C.S. Art. 179e, |
|
Sec. 3.05; New.) |
|
Sec. 2023.009. JUDICIAL REVIEW OF COMMISSION ORDER. (a) |
|
Judicial review of a commission order is under the substantial |
|
evidence rule. |
|
(b) Venue for judicial review of a commission order is in a |
|
district court in Travis County. (V.A.C.S. Art. 179e, Sec. 5.02.) |
|
SUBCHAPTER B. GENERAL POWERS AND DUTIES |
|
Sec. 2023.051. RECOGNITION OF ORGANIZATION. (a) The |
|
commission by rule shall adopt criteria to recognize an |
|
organization to represent members of a segment of the racing |
|
industry, including owners, breeders, trainers, kennel operators, |
|
or other persons involved in the racing industry, in any |
|
interaction between the members of the organization and a racetrack |
|
association or the commission. |
|
(b) The commission may recognize an organization that meets |
|
the criteria adopted under Subsection (a). (V.A.C.S. Art. 179e, |
|
Sec. 3.13.) |
|
Sec. 2023.052. SECURITY FOR FEES AND CHARGES. The |
|
commission may require a racetrack association to post security in |
|
an amount and form determined by the commission to adequately |
|
ensure the payment of any fee or charge due to this state or the |
|
commission relating to pari-mutuel racing, including a charge for |
|
drug testing. (V.A.C.S. Art. 179e, Sec. 3.17.) |
|
Sec. 2023.053. TEXAS RACING COMMISSION FUND; ADDITIONAL |
|
APPROPRIATIONS. (a) The commission shall deposit the money it |
|
collects under this subtitle in the state treasury to the credit of |
|
a special fund to be known as the Texas Racing Commission fund. |
|
(b) The Texas Racing Commission fund may be appropriated |
|
only for the administration and enforcement of this subtitle. |
|
(c) Any unappropriated money exceeding $750,000 that |
|
remains in the fund at the close of each state fiscal biennium shall |
|
be transferred to the general revenue fund and may be appropriated |
|
for any purpose. |
|
(d) The legislature may appropriate money from the general |
|
revenue fund for the administration and enforcement of this |
|
subtitle. |
|
(e) Any amount of general revenue appropriated for the |
|
administration and enforcement of this subtitle in excess of the |
|
cumulative amount deposited in the Texas Racing Commission fund |
|
shall be reimbursed from the Texas Racing Commission fund not later |
|
than the first anniversary of the date the general revenue funds are |
|
appropriated, with 6.75 percent interest. All payments made under |
|
this subsection are first attributable to interest accumulated |
|
under this subsection. (V.A.C.S. Art. 179e, Sec. 3.09(b).) |
|
Sec. 2023.054. COMMISSION STANDARDS ON GREYHOUND FARMS AND |
|
FACILITIES. The commission shall adopt standards relating to the |
|
operation of greyhound farms or other facilities where greyhounds |
|
are raised for pari-mutuel racing. (V.A.C.S. Art. 179e, Sec. |
|
10.04(b).) |
|
Sec. 2023.055. REPORT OF VIOLATION. The commission's rules |
|
must allow anonymous reporting of a violation of this subtitle or of |
|
a commission rule. (V.A.C.S. Art. 179e, Sec. 3.12.) |
|
Sec. 2023.056. COOPERATION WITH LAW ENFORCEMENT. (a) The |
|
commission shall cooperate with a district attorney, a criminal |
|
district attorney, a county attorney, the Department of Public |
|
Safety, the attorney general, or a peace officer in enforcing this |
|
subtitle. |
|
(b) The commission, under commission authority to obtain |
|
criminal history record information under Section 2023.057, shall |
|
maintain and exchange pertinent intelligence data with other states |
|
and agencies. (V.A.C.S. Art. 179e, Sec. 3.11.) |
|
Sec. 2023.057. ACCESS TO CRIMINAL HISTORY RECORDS. The |
|
commission may obtain criminal history record information that |
|
relates to each applicant for employment by the commission and to |
|
each applicant for a license issued by the commission and that is |
|
maintained by the Department of Public Safety or the Federal Bureau |
|
of Investigation Identification Division. The commission may |
|
refuse to recommend an applicant who fails to provide a complete set |
|
of fingerprints. (V.A.C.S. Art. 179e, Sec. 5.04.) |
|
Sec. 2023.058. COST OF CRIMINAL HISTORY RECORD CHECK. (a) |
|
The commission shall, in determining the amount of a license fee, |
|
set the fee in at least an amount necessary to cover the cost of |
|
conducting a criminal history record check on a license applicant. |
|
(b) The commission shall reimburse the Department of Public |
|
Safety for the cost of conducting a criminal history record check |
|
under this subtitle. (V.A.C.S. Art. 179e, Sec. 5.05.) |
|
Sec. 2023.059. DISTANCE LEARNING. The 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. (V.A.C.S. Art. |
|
179e, Sec. 18.08.) |
|
Sec. 2023.060. CERTIFIED DOCUMENTS. Instead of requiring |
|
an affidavit or other sworn statement in an application or other |
|
document that must be filed with the commission, the commission may |
|
require a certification of the document under penalty of perjury in |
|
the form prescribed by the commission. (V.A.C.S. Art. 179e, Sec. |
|
3.06.) |
|
Sec. 2023.061. ANNUAL REPORT. (a) Not later than January |
|
31 of each year, the commission shall file a report with the |
|
governor, lieutenant governor, and speaker of the house of |
|
representatives. |
|
(b) The report must cover the operations of the commission |
|
and the condition of horse breeding and racing and greyhound |
|
breeding and racing during the previous year. |
|
(c) The commission shall obtain from the Department of |
|
Public Safety a comprehensive report of any organized crime |
|
activities in this state that the department may wish to report and |
|
information concerning illegal gambling that may be known to exist |
|
in this state. The commission shall include in the annual report |
|
the department's report and any recommendations the commission |
|
considers appropriate. (V.A.C.S. Art. 179e, Sec. 3.10.) |
|
SUBCHAPTER C. EMPLOYMENT OF AND SUPERVISION BY RACE MEETING |
|
OFFICIALS |
|
Sec. 2023.101. EMPLOYMENT OF STEWARDS AND JUDGES. (a) A |
|
horse race meeting must be supervised by three stewards, and a |
|
greyhound race meeting must be supervised by three judges. |
|
(b) The commission shall employ each steward and judge for |
|
the supervision of a horse race or greyhound race meeting. |
|
(c) The commission shall designate one steward or judge, as |
|
appropriate, as the presiding steward or judge for each race |
|
meeting. |
|
(d) Following the completion of a race meeting, a racetrack |
|
association may submit to the commission for the commission's |
|
review written comments regarding the job performance of the |
|
stewards and judges. A racetrack association's comments submitted |
|
under this section are not binding, in any way, on the commission. |
|
(V.A.C.S. Art. 179e, Sec. 3.07(a) (part).) |
|
Sec. 2023.102. STEWARD AND JUDGE EXAMINATIONS. (a) The |
|
commission shall require each steward or judge to annually take and |
|
pass a written examination and a medical examination. |
|
(b) The commission by rule shall prescribe the methods and |
|
procedures for taking the examinations and the standards for |
|
passing. |
|
(c) Failure to pass an examination is a ground for refusal |
|
to issue an original or renewal license to a steward or judge or for |
|
suspension or revocation of the license. (V.A.C.S. Art. 179e, Sec. |
|
3.07(c).) |
|
Sec. 2023.103. EMPLOYMENT OF STATE VETERINARIANS. For each |
|
race meeting, the commission shall employ at least one state |
|
veterinarian. (V.A.C.S. Art. 179e, Sec. 3.07(a) (part).) |
|
Sec. 2023.104. RACE MEETING OFFICIAL COMPENSATION AND FEE. |
|
(a) The commission by rule may impose a fee on a racetrack |
|
association to offset the costs of compensating each steward, |
|
judge, and state veterinarian. |
|
(b) The fee amount for compensating each steward, judge, and |
|
state veterinarian must be reasonable according to industry |
|
standards for the compensation of those officials at other |
|
racetracks and may not exceed the actual cost to the commission for |
|
compensating the officials. (V.A.C.S. Art. 179e, Sec. 3.07(a) |
|
(part).) |
|
Sec. 2023.105. EMPLOYMENT OF OTHER RACETRACK OFFICIALS. |
|
The racetrack association shall appoint, with the commission's |
|
approval, all racetrack officials other than the officials listed |
|
in Section 2023.104. Compensation for officials not compensated by |
|
the commission is determined by the racetrack association. |
|
(V.A.C.S. Art. 179e, Sec. 3.07(a) (part).) |
|
Sec. 2023.106. RACE MEETING OFFICIAL POWERS AND DUTIES; |
|
RULES. (a) A steward or judge may on any day exercise the |
|
supervisory authority granted the steward or judge under this |
|
subtitle or commission rule, including the performance of |
|
supervisory acts requiring the exercise of discretion. |
|
(b) The commission shall adopt rules that specify the power |
|
and duties of each race meeting official, including the power of a |
|
steward or judge to impose penalties for unethical practices or |
|
violations of racing rules. |
|
(c) A penalty imposed by a steward or judge may include a |
|
fine of not more than $25,000, a suspension not to exceed five |
|
years, or both a fine and suspension. |
|
(d) Before imposing a penalty under this section, a steward |
|
or judge shall conduct a hearing that is consistent with |
|
constitutional due process. A hearing conducted by a steward or |
|
judge under this section is not subject to Chapter 2001, Government |
|
Code. (V.A.C.S. Art. 179e, Secs. 3.07(b) (part), (g).) |
|
Sec. 2023.107. EXECUTIVE DIRECTOR REVIEW AND MODIFICATION |
|
OF PENALTY. (a) A decision of a steward or judge is subject to |
|
review by the executive director, who may modify the penalty. |
|
(b) A penalty modified by the executive director under this |
|
section may include a fine of not more than $100,000, a suspension |
|
not to exceed five years, or both a fine and a suspension. |
|
(V.A.C.S. Art. 179e, Sec. 3.07(b) (part).) |
|
Sec. 2023.108. FINAL DECISION; AVAILABILITY OF APPEAL. (a) |
|
A decision of a steward or judge that is not reviewed or modified by |
|
the executive director is a final decision. |
|
(b) Any decision of a steward or judge may be appealed under |
|
Section 2023.109 regardless of whether the decision is modified by |
|
the executive director. (V.A.C.S. Art. 179e, Sec. 3.07(b) (part).) |
|
Sec. 2023.109. APPEAL FROM DECISION OF RACE MEETING |
|
OFFICIAL; DECISIONS NOT APPEALABLE. (a) Except as provided by |
|
Subsection (b), a final decision of the stewards or judges may be |
|
appealed to the commission in the manner provided for a contested |
|
case under Chapter 2001, Government Code. |
|
(b) A decision of the stewards or judges on a |
|
disqualification for a foul in a race or on a finding of fact |
|
regarding the running of a race is final and may not be appealed. (V.A.C.S. Art. 179e, Sec. 3.08.) |
|
|
|
CHAPTER 2024. POWERS AND DUTIES OF COMPTROLLER |
|
SUBCHAPTER A. GENERAL POWERS AND DUTIES |
|
Sec. 2024.001. COMPTROLLER RULES |
|
Sec. 2024.002. INSPECTION OF BOOKS, RECORDS, AND |
|
FINANCIAL STATEMENTS |
|
Sec. 2024.003. RIGHT OF ENTRY |
|
SUBCHAPTER B. COLLECTION AND DEPOSIT OF STATE'S SHARE OF |
|
PARI-MUTUEL POOL |
|
Sec. 2024.051. COLLECTION AND DEPOSIT OF STATE'S SHARE |
|
Sec. 2024.052. SECURITY |
|
Sec. 2024.053. CERTIFICATION OF NONCOMPLIANCE; |
|
ADMINISTRATIVE APPEAL |
|
Sec. 2024.054. PENALTIES FOR LATE PAYMENT OR REPORT |
|
Sec. 2024.055. DEPOSIT OF STATE'S SHARE |
|
SUBCHAPTER C. APPLICABILITY OF OTHER LAW |
|
Sec. 2024.101. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS |
|
CHAPTER 2024. POWERS AND DUTIES OF COMPTROLLER |
|
SUBCHAPTER A. GENERAL POWERS AND DUTIES |
|
Sec. 2024.001. COMPTROLLER RULES. The comptroller may |
|
adopt rules for the enforcement of the comptroller's powers and |
|
duties under this subtitle. (V.A.C.S. Art. 179e, Sec. 4.03.) |
|
Sec. 2024.002. INSPECTION OF BOOKS, RECORDS, AND FINANCIAL |
|
STATEMENTS. (a) The comptroller may inspect all books, records, |
|
and financial statements required by the commission under Section |
|
2022.105. |
|
(b) The comptroller by rule may specify the form and manner |
|
in which the books, records, and financial statements are to be kept |
|
and reports that relate to the state's share of a pari-mutuel pool |
|
are to be filed. (V.A.C.S. Art. 179e, Sec. 4.01.) |
|
Sec. 2024.003. RIGHT OF ENTRY. The comptroller and the |
|
agents authorized by the comptroller may enter at any time the |
|
office, racetrack, or other place of business of a racetrack |
|
association or totalisator license holder to: |
|
(1) inspect books, records, or financial statements; |
|
or |
|
(2) inspect and test the totalisator system to |
|
determine the accuracy of totalisator-generated reports and |
|
calculations relating to the state's share of a pari-mutuel pool. |
|
(V.A.C.S. Art. 179e, Sec. 4.02.) |
|
SUBCHAPTER B. COLLECTION AND DEPOSIT OF STATE'S SHARE OF |
|
PARI-MUTUEL POOL |
|
Sec. 2024.051. COLLECTION AND DEPOSIT OF STATE'S SHARE. |
|
(a) The comptroller by rule may prescribe procedures for the |
|
collection and deposit of the state's share of each pari-mutuel |
|
pool. |
|
(b) A racetrack association shall deposit the state's share |
|
of each pari-mutuel pool at the time and in the manner prescribed by |
|
comptroller rule. (V.A.C.S. Art. 179e, Sec. 4.04(a).) |
|
Sec. 2024.052. SECURITY. (a) The comptroller by rule may |
|
require each racetrack association to post security in an amount |
|
estimated to be sufficient to cover the amount of state money that |
|
the racetrack association will collect and hold between bank |
|
deposits to ensure payment of the state's share of a pari-mutuel |
|
pool. |
|
(b) The following are acceptable as security for purposes of |
|
this section: |
|
(1) cash; |
|
(2) a cashier's check; |
|
(3) a surety bond; |
|
(4) an irrevocable bank letter of credit; |
|
(5) a United States Treasury bond that is readily |
|
convertible to cash; or |
|
(6) an irrevocable assignment of a federally insured |
|
account in a bank, savings and loan institution, or credit union. |
|
(V.A.C.S. Art. 179e, Sec. 4.04(b).) |
|
Sec. 2024.053. CERTIFICATION OF NONCOMPLIANCE; |
|
ADMINISTRATIVE APPEAL. (a) The comptroller shall certify to the |
|
commission the fact that a racetrack association or totalisator |
|
company: |
|
(1) does not comply with a rule adopted by the |
|
comptroller under this chapter; |
|
(2) refuses to allow access to or inspection of any of |
|
the racetrack association's or totalisator company's required |
|
books, records, or financial statements; |
|
(3) refuses to allow access to or inspection of the |
|
totalisator system; or |
|
(4) becomes delinquent for: |
|
(A) the state's share of a pari-mutuel pool; or |
|
(B) any other tax collected by the comptroller. |
|
(b) With regard to the state's share of a pari-mutuel pool |
|
and any penalty related to the state's share, the comptroller, |
|
acting independently of the commission, may take any collection or |
|
enforcement action authorized under the Tax Code against a |
|
delinquent taxpayer. |
|
(c) An administrative appeal related to the state's share of |
|
a pari-mutuel pool or late reporting or deposit of the state's share |
|
is to the comptroller and then to the courts, as provided by Title |
|
2, Tax Code. (V.A.C.S. Art. 179e, Secs. 4.05(a), (b) (part).) |
|
Sec. 2024.054. PENALTIES FOR LATE PAYMENT OR REPORT. (a) A |
|
racetrack association is liable for a penalty if the racetrack |
|
association does not pay the state's share of a pari-mutuel pool or |
|
file a report related to the payment of that share on or before the |
|
time the payment or report is due. |
|
(b) The amount of the penalty under Subsection (a) is the |
|
greater of: |
|
(1) five percent of the total amount due; or |
|
(2) $1,000. |
|
(c) An additional penalty in an amount equal to one percent |
|
of the unpaid amount of the state's share of the pari-mutuel pool |
|
shall be added for each business day that the required report or |
|
payment is late, up to a maximum penalty of 12 percent. |
|
(d) A penalty under this section may be waived in a |
|
situation in which a penalty would be waived under Section 111.103, |
|
Tax Code. (V.A.C.S. Art. 179e, Sec. 4.06.) |
|
Sec. 2024.055. DEPOSIT OF STATE'S SHARE. The comptroller |
|
shall deposit the state's share of each pari-mutuel pool from horse |
|
racing and greyhound racing in the general revenue fund. (V.A.C.S. |
|
Art. 179e, Sec. 3.09(a).) |
|
SUBCHAPTER C. APPLICABILITY OF OTHER LAW |
|
Sec. 2024.101. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Unless inconsistent with this subtitle, Chapters |
|
111 through 113, Tax Code, including provisions relating to the |
|
assessment of penalties and interest, apply to the collection of |
|
the state's share of a pari-mutuel pool under this subtitle. |
|
(b) The state's share of a pari-mutuel pool under this |
|
subtitle is treated as if it were a tax for purposes of this section |
|
in applying the provisions of the Tax Code described by Subsection |
|
(a). |
|
(c) The comptroller may use any procedure authorized under |
|
Title 2, Tax Code, for purposes of collecting the state's share of a |
|
pari-mutuel pool under this subtitle. (V.A.C.S. Art. 179e, Sec. 6.10.) |
|
|
|
CHAPTER 2025. LICENSING |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 2025.001. COMMISSION LICENSING DUTIES |
|
Sec. 2025.002. LICENSE AS PRIVILEGE |
|
Sec. 2025.003. FINGERPRINTS REQUIRED |
|
SUBCHAPTER B. RACETRACK LICENSE APPLICATION REQUIREMENTS |
|
Sec. 2025.051. RACETRACK LICENSE REQUIRED; CRIMINAL |
|
PENALTY |
|
Sec. 2025.052. APPLICATION |
|
Sec. 2025.053. APPLICATION FEE |
|
Sec. 2025.054. MANAGEMENT, CONCESSION, AND TOTALISATOR |
|
CONTRACTS |
|
Sec. 2025.055. CONFIDENTIALITY OF APPLICATION |
|
DOCUMENTS |
|
Sec. 2025.056. BACKGROUND CHECK |
|
Sec. 2025.057. BOND |
|
Sec. 2025.058. NOTIFICATION OF COMPLETED APPLICATION |
|
SUBCHAPTER C. RACETRACK LICENSE ISSUANCE AND RENEWAL |
|
Sec. 2025.101. LICENSE ELIGIBILITY REQUIREMENTS AND |
|
LIMITATIONS |
|
Sec. 2025.102. QUALIFICATIONS FOR ISSUANCE OF |
|
RACETRACK LICENSE |
|
Sec. 2025.103. ISSUANCE OF TEMPORARY LICENSE |
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Sec. 2025.104. DESIGNATION OF RACETRACK LICENSE AS |
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ACTIVE OR INACTIVE |
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Sec. 2025.105. RENEWAL OF INACTIVE RACETRACK LICENSE; |
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FEES |
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Sec. 2025.106. COMMISSION REVIEW OF ACTIVE RACETRACK |
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LICENSE; FEE |
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Sec. 2025.107. RACETRACK LICENSE NOT TRANSFERABLE; |
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TEMPORARY LICENSE |
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Sec. 2025.108. RACETRACK LICENSE ANNUAL FEE |
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SUBCHAPTER D. GREYHOUND RACETRACK LICENSES |
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Sec. 2025.151. LIMITATION ON NUMBER OF GREYHOUND |
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RACETRACK LICENSES |
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Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND |
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RACETRACK |
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SUBCHAPTER E. DISCIPLINARY ACTION FOR RACETRACK LICENSE HOLDERS |
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Sec. 2025.201. GROUNDS FOR DENIAL, REVOCATION, OR |
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SUSPENSION OF RACETRACK LICENSE |
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Sec. 2025.202. DISCIPLINARY ACTION; ADMINISTRATIVE |
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PENALTY |
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Sec. 2025.203. SUMMARY SUSPENSION |
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Sec. 2025.204. SUMMARY SUSPENSION HEARING |
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Sec. 2025.205. SUMMARY SUSPENSION FINAL ORDER |
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SUBCHAPTER F. OCCUPATIONAL LICENSES |
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Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED |
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Sec. 2025.252. LICENSE CATEGORIES |
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Sec. 2025.253. EXAMINATION NOTIFICATION |
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Sec. 2025.254. ISSUANCE OF LICENSE |
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Sec. 2025.255. ISSUANCE OF IDENTIFICATION CARD |
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Sec. 2025.256. LICENSE FEES |
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Sec. 2025.257. TERM OF LICENSE; RENEWAL |
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Sec. 2025.258. CRIMINAL HISTORY RECORD INFORMATION |
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Sec. 2025.259. LICENSE VALID THROUGHOUT STATE |
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Sec. 2025.260. TEMPORARY LICENSES |
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Sec. 2025.261. RECIPROCAL LICENSES; OUT-OF-STATE |
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APPLICANTS |
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Sec. 2025.262. GROUNDS FOR DENIAL, REVOCATION, AND |
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SUSPENSION OF OCCUPATIONAL LICENSE |
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CHAPTER 2025. LICENSING |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2025.001. COMMISSION LICENSING DUTIES. (a) To |
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preserve and protect the public health, welfare, and safety, the |
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commission shall adopt rules relating to license applications and |
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the financial responsibility, moral character, and ability of |
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applicants. |
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(b) The commission shall prescribe application forms for |
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licenses issued under this subtitle and shall provide each |
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occupational license holder with a credential. |
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(c) The commission shall annually prescribe reasonable |
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license fees for each category of license issued under this |
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subtitle. |
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(d) The commission by rule shall set fees in amounts |
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reasonable and necessary to cover the commission's costs of |
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regulating, overseeing, and licensing live and simulcast racing at |
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racetracks. (V.A.C.S. Art. 179e, Secs. 5.01(a), (b), (d), 6.06(a) |
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(part).) |
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Sec. 2025.002. LICENSE AS PRIVILEGE. The operation of a |
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racetrack and the participation in racing are privileges, not |
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rights, granted only by the commission by license and subject to |
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reasonable and necessary conditions set by the commission. |
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(V.A.C.S. Art. 179e, Sec. 5.01(c).) |
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Sec. 2025.003. FINGERPRINTS REQUIRED. (a) An applicant |
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for a license or license renewal under this subtitle must, except as |
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otherwise provided by Section 2025.261, submit to the commission a |
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complete set of fingerprints for: |
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(1) the applicant; or |
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(2) if the applicant is not an individual, each |
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officer or director of, and each person who owns at least a five |
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percent interest in, the applicant. |
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(b) The Department of Public Safety may request any person |
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owning any interest in an applicant for a racetrack license to |
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submit a complete set of fingerprints. |
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(c) A peace officer of any state, or any district office of |
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the commission, shall take the fingerprints of an applicant for a |
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license or license renewal on forms approved and furnished by the |
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Department of Public Safety and immediately deliver the forms to |
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the commission. |
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(d) If a complete set of fingerprints is required by the |
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commission, the commission shall, not later than the 10th business |
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day after the date the commission receives the fingerprints, |
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forward the fingerprints to the Department of Public Safety or the |
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Federal Bureau of Investigation. If the fingerprints are forwarded |
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to the Department of Public Safety, the department shall: |
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(1) classify the fingerprints and check the |
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fingerprints against the department's fingerprint files; and |
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(2) report to the commission the department's findings |
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concerning the existence or lack of a criminal record of the |
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applicant. |
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(e) The commission may not issue a racetrack license until |
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the report under Subsection (d) is made to the commission. The |
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commission may issue a temporary occupational license before the |
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report is made to the commission. (V.A.C.S. Art. 179e, Sec. 5.03.) |
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SUBCHAPTER B. RACETRACK LICENSE APPLICATION REQUIREMENTS |
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Sec. 2025.051. RACETRACK LICENSE REQUIRED; CRIMINAL |
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PENALTY. A person may not conduct wagering on a horse or greyhound |
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race meeting without first obtaining a racetrack license issued by |
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the commission. A person who violates this section commits an |
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offense. (V.A.C.S. Art. 179e, Sec. 6.01.) |
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Sec. 2025.052. APPLICATION. (a) The commission shall |
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require each applicant for an original racetrack license to submit |
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an application, on a form prescribed by the commission, containing |
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the following information: |
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(1) if the applicant is an individual: |
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(A) the individual's full name; |
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(B) the individual's date of birth; |
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(C) the individual's physical description; |
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(D) the individual's current address and |
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telephone number; and |
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(E) a statement by the individual disclosing any |
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arrest or conviction for a felony or for a misdemeanor, except a |
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misdemeanor under Subtitle C, Title 7, Transportation Code, or a |
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similar misdemeanor traffic offense; |
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(2) if the applicant is a corporation: |
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(A) the state of incorporation; |
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(B) the names and addresses of the corporation's |
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agents for service of process in this state; |
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(C) the name and address of each officer and |
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director of the corporation; |
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(D) the name and address of each stockholder of |
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the corporation; |
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(E) for each individual named under this |
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subdivision, the information required by Subdivision (1); and |
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(F) identification of: |
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(i) any other beneficial owner of a share in |
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the applicant that has absolute or contingent voting rights; |
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(ii) any other person who directly or |
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indirectly exercises any participation in the applicant; and |
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(iii) any other ownership interest in the |
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applicant that the applicant making its best effort is able to |
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identify; |
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(3) if the applicant is an unincorporated business |
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association: |
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(A) the name and address of each member of the |
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association and, for each individual named under this subdivision, |
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the information required by Subdivision (1); and |
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(B) identification of: |
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(i) any other person who exercises voting |
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rights in the applicant or directly or indirectly exercises any |
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participation in the applicant; and |
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(ii) any other ownership interest in the |
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applicant that the applicant making its best effort is able to |
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identify; |
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(4) the exact location at which a race meeting is to be |
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conducted; |
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(5) if the racetrack is in existence, whether it is |
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owned by the applicant and, if leased to the applicant: |
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(A) the name and address of the owner; and |
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(B) if the owner is a corporation or |
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unincorporated business association, the name and address of each |
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officer and director, any stockholder or member, and each agent for |
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service of process in this state; |
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(6) if construction of the racetrack has not been |
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initiated, whether it is to be owned by the applicant and, if it is |
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to be leased to the applicant: |
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(A) the name and address of the prospective |
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owner; and |
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(B) if the owner is a corporation or |
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unincorporated business association, the information required by |
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Subdivision (5)(B); |
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(7) identification of: |
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(A) any other beneficial owner of a share that |
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has absolute or contingent voting rights in the owner or |
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prospective owner of the racetrack; |
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(B) any other person that directly or indirectly |
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exercises any participation in the owner or prospective owner; and |
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(C) all other ownership interest in the owner or |
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prospective owner that the applicant making its best effort is able |
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to identify; |
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(8) a detailed statement of the applicant's assets and |
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liabilities; |
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(9) the type of racing to be conducted and the dates |
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requested; |
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(10) proof of residency as required by Section |
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2025.201; and |
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(11) any other information required by the commission. |
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(b) An application must be sworn to: |
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(1) by the applicant; or |
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(2) if the applicant is a corporation or association, |
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by its chief executive officer. |
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(c) If the applicant is a nonprofit corporation, only |
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directors and officers of the corporation must disclose the |
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information required under Subsection (a)(2). (V.A.C.S. |
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Art. 179e, Secs. 6.03(a) (part), (c), (f).) |
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Sec. 2025.053. APPLICATION FEE. (a) The commission shall |
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require each applicant for an original racetrack license to pay the |
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required application fee. The fee must accompany the application |
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and be paid in the form of a cashier's check or certified check. |
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(b) The commission shall set application fees in amounts |
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reasonable and necessary to cover the costs of administering this |
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subtitle. The commission by rule shall establish a schedule of |
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application fees for the various types and classifications of |
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racetracks using minimum application fees. The minimum application |
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fee: |
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(1) for a horse racetrack is: |
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(A) $15,000 for a class 1 racetrack; |
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(B) $7,500 for a class 2 racetrack; |
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(C) $2,500 for a class 3 racetrack; and |
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(D) $1,500 for a class 4 racetrack; and |
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(2) for a greyhound racetrack is $20,000. |
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(c) Notwithstanding this section, if a licensed racetrack |
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petitions for a higher racetrack classification, the commission |
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shall impose fees equal to the difference between the fees |
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previously paid and the fees required for the higher |
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classification. (V.A.C.S. Art. 179e, Secs. 6.03(a) (part), (d), |
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(e), (i).) |
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Sec. 2025.054. MANAGEMENT, CONCESSION, AND TOTALISATOR |
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CONTRACTS. (a) The commission shall require each applicant for an |
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original racetrack license to submit with the application for |
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inspection and review by the commission a copy of each management, |
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concession, and totalisator contract associated with the proposed |
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license at the proposed location in which the applicant has an |
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interest. |
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(b) An applicant or license holder shall advise the |
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commission of any change in any management, concession, or |
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totalisator contract. |
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(c) The criminal history record information, fingerprint, |
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and other information required of a license applicant under |
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Sections 2023.057, 2025.003, and 2025.052(a)(1)-(3) are required |
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of proposed totalisator firms, concessionaires, and managers and |
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management firms. (V.A.C.S. Art. 179e, Sec. 6.03(a) (part).) |
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Sec. 2025.055. CONFIDENTIALITY OF APPLICATION DOCUMENTS. |
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Documents submitted to the commission under Sections |
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2025.051-2025.054 by an applicant are subject to discovery in a |
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suit brought under this subtitle but are not public records and are |
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not subject to Chapter 552, Government Code. (V.A.C.S. Art. 179e, |
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Sec. 6.03(b) (part).) |
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Sec. 2025.056. BACKGROUND CHECK. (a) The commission shall |
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require a complete personal, financial, and business background |
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check of the applicant or of any person who owns an interest in or |
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exercises control over an applicant for a racetrack license, |
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including the partners, stockholders, concessionaires, management |
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personnel, management firms, and creditors. |
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(b) The commission shall refuse to issue or renew a license |
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if, in the commission's sole discretion, the background checks |
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reveal anything that may be detrimental to the public interest or |
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the racing industry. |
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(c) The commission may not hold a hearing on the |
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application, or any part of the application, of a racetrack license |
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applicant before the 14th day after the date the completed |
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background check of the applicant has been on file with the |
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commission. (V.A.C.S. Art. 179e, Sec. 6.031 (part).) |
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Sec. 2025.057. BOND. (a) The commission may, at any time, |
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require a holder of or applicant for a racetrack license to post |
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security in an amount reasonably necessary, as provided by |
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commission rule, to adequately ensure the license holder's or |
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applicant's compliance with substantive requirements of this |
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subtitle and commission rules. |
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(b) The following are acceptable as security for purposes of |
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this section: |
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(1) cash; |
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(2) a cashier's check; |
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(3) a surety bond; |
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(4) an irrevocable bank letter of credit; |
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(5) a United States Treasury bond that is readily |
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convertible to cash; or |
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(6) an irrevocable assignment of a federally insured |
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deposit in a bank, savings and loan institution, or credit union. |
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(c) The security described by Subsection (b) must be: |
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(1) conditioned on compliance with this subtitle and |
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commission rules adopted under this subtitle; and |
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(2) returned after satisfying the conditions of the |
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security. (V.A.C.S. Art. 179e, Sec. 6.032.) |
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Sec. 2025.058. NOTIFICATION OF COMPLETED APPLICATION. When |
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all requirements for the applicant's licensure described in this |
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chapter have been satisfied, the commission shall notify the |
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applicant that the application is complete. (V.A.C.S. Art. 179e, |
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Sec. 6.04(a-1).) |
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SUBCHAPTER C. RACETRACK LICENSE ISSUANCE AND RENEWAL |
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Sec. 2025.101. LICENSE ELIGIBILITY REQUIREMENTS AND |
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LIMITATIONS. (a) The burden of proof is on the applicant for an |
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original racetrack license to show compliance with this subtitle |
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and commission rules. An applicant who does not show the necessary |
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compliance is not eligible for a license under this chapter. |
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(b) In considering an application for a horse racetrack |
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license under this chapter, the commission shall give additional |
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weight to evidence concerning an applicant who has experience |
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operating a horse racetrack licensed under this subtitle. |
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(c) The commission may not issue a license to operate a |
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class 1 or class 2 racetrack or a greyhound racetrack to a |
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corporation unless: |
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(1) the corporation is incorporated under the laws of |
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this state; and |
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(2) a majority of any of its corporate stock is owned |
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at all times by individuals who meet the residency qualifications |
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prescribed by Section 2025.201 for individual applicants. |
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(d) The majority ownership of a partnership, firm, or |
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association applying for or holding a license must be held by |
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citizens who meet the residency qualifications enumerated in |
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Section 2025.201 for individual applicants. A corporation that |
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holds a license to operate a racetrack under this subtitle and that |
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violates this subsection is subject to forfeiture of its charter. |
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The attorney general, on receipt of information relating to the |
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violation, shall file suit in a district court of Travis County for |
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cancellation of the charter and revocation of the license issued |
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under this subtitle. |
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(e) Subsections (c) and (d) and Section 2025.201(a)(12) do |
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not apply to an applicant for or the holder of a racetrack license |
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if the applicant, the license holder, or the license holder's |
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parent company is a publicly traded company. |
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(f) The commission may condition the issuance of a license |
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under this chapter on the observance of commission rules. The |
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commission may amend the rules at any time and may condition the |
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continued holding of the license on compliance with the rules as |
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amended. |
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(g) A person may not own more than a five percent interest in |
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more than three racetracks licensed under this subtitle. |
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(h) Notwithstanding any other law, a person who owns an |
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interest in two or more racetracks licensed under this subtitle and |
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who also owns an interest in a license issued under Subtitle B, |
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Title 3, Alcoholic Beverage Code, may own an interest in the |
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premises of another holder of a license or permit under Title 3, |
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Alcoholic Beverage Code, if the premises of that other license or |
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permit holder are part of the premises of a racetrack licensed under |
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this subtitle. (V.A.C.S. Art. 179e, Secs. 6.03(g), (h), 6.06(c), |
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(d) (part), (e), (h), (i), (j).) |
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Sec. 2025.102. QUALIFICATIONS FOR ISSUANCE OF RACETRACK |
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LICENSE. (a) The commission may issue a racetrack license to a |
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qualified person if the commission: |
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(1) determines that the conduct of race meetings at |
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the proposed racetrack and location: |
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(A) will be in the public interest; |
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(B) complies with all zoning laws; and |
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(C) complies with this subtitle and commission |
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rules; and |
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(2) determines by clear and convincing evidence that |
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the applicant will comply with all criminal laws of this state. |
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(b) In determining whether to grant or deny an application |
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for any class of racetrack license, the commission may consider: |
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(1) the applicant's financial stability; |
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(2) the applicant's resources for supplementing the |
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purses for races for various breeds; |
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(3) the location of the proposed racetrack; |
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(4) the effect of the proposed racetrack on traffic |
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flow; |
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(5) facilities for patrons and occupational license |
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holders; |
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(6) facilities for race animals; |
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(7) availability to the racetrack of support services |
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and emergency services; |
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(8) the experience of the applicant's employees; |
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(9) the potential for conflict with other licensed |
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race meetings; |
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(10) the anticipated effect of the race meeting on the |
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horse or greyhound breeding industry in this state; and |
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(11) the anticipated effect of the race meeting on the |
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state and local economy from tourism, increased employment, and |
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other sources. |
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(c) The commission shall make a determination on a pending |
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application not later than the 120th day after the date the |
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commission provides the notice required under Section 2025.058. |
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(V.A.C.S. Art. 179e, Secs. 6.04(a), (a-2).) |
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Sec. 2025.103. ISSUANCE OF TEMPORARY LICENSE. (a) After a |
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racetrack association has been granted a license to operate a |
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racetrack and before the completion of construction at the |
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designated place for which the license was issued, the commission |
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may, on application by the racetrack association, issue a temporary |
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license that authorizes the racetrack association to conduct races |
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at a location in the same county until the earlier of: |
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(1) the second anniversary of the date of issuance of |
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the temporary license; or |
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(2) the completion of the permanent facility. |
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(b) An applicant for a temporary license must pay the |
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application fees and post the bonds required of other license |
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holders before the issuance of a temporary license. |
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(c) The commission may set conditions and standards for |
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issuance of a temporary license and allocation of appropriate race |
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days. |
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(d) The commission may not issue a new temporary license or |
|
an extension of a temporary license to a person or to an individual |
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belonging to a corporation or association that has been granted a |
|
temporary license after the temporary license has expired. |
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(V.A.C.S. Art. 179e, Sec. 6.15.) |
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Sec. 2025.104. DESIGNATION OF RACETRACK LICENSE AS ACTIVE |
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OR INACTIVE. (a) The commission shall designate each racetrack |
|
license as an active license or an inactive license. The commission |
|
may change the designation of a racetrack license as appropriate. |
|
(b) The commission shall designate a racetrack license as an |
|
active license if the license holder: |
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(1) holds live racing events at the racetrack; or |
|
(2) makes good faith efforts to conduct live racing. |
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(c) The commission by rule shall provide guidance on actions |
|
that constitute, for purposes of this subtitle, good faith efforts |
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to conduct live racing. |
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(d) Before the first anniversary of the date a new racetrack |
|
license is issued, the commission shall conduct an evaluation of |
|
the license to determine whether the license is an active or |
|
inactive license. |
|
(e) An active license is effective until the license is |
|
designated as an inactive license or is surrendered, suspended, or |
|
revoked under this subtitle. (V.A.C.S. Art. 179e, Sec. 6.0601.) |
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Sec. 2025.105. RENEWAL OF INACTIVE RACETRACK LICENSE; FEES. |
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(a) The commission by rule shall establish an annual renewal |
|
process for inactive licenses and may require the license holder to |
|
provide any information required for an original license |
|
application under this subtitle. An inactive license holder must |
|
complete the annual renewal process established under this section |
|
until the 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 |
|
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; and |
|
(D) other good faith efforts to conduct live |
|
racing; and |
|
(2) other necessary factors considered in the issuance |
|
of the original license. |
|
(c) The commission may refuse to renew an inactive license |
|
if, after notice and a hearing, the commission determines that: |
|
(1) renewal of the license is not in the best interests |
|
of the racing industry or the public; or |
|
(2) the license holder has failed to make a good faith |
|
effort to conduct live racing. |
|
(d) The commission shall consult with members of the racing |
|
industry and other key stakeholders in developing the license |
|
renewal process under this section. |
|
(e) The commission shall set and collect renewal fees in |
|
amounts reasonable and necessary to cover the costs of |
|
administering and enforcing this section. |
|
(f) The commission by rule shall establish criteria to make |
|
the determinations under Subsection (c). (V.A.C.S. Art. 179e, Sec. |
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6.0602.) |
|
Sec. 2025.106. COMMISSION REVIEW OF ACTIVE RACETRACK |
|
LICENSE; FEE. (a) The commission shall review the ownership and |
|
management of an active license issued under this chapter every |
|
five years beginning on the fifth anniversary of the date of |
|
issuance of the license. |
|
(b) In performing the review, the 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 this chapter. |
|
(c) The commission shall charge fees for the review in |
|
amounts sufficient to implement this section. (V.A.C.S. Art. 179e, |
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Sec. 6.06(k).) |
|
Sec. 2025.107. RACETRACK LICENSE NOT TRANSFERABLE; |
|
TEMPORARY LICENSE. (a) A racetrack license is not transferable. |
|
(b) If the death of any person causes a violation of the |
|
licensing provisions of this subtitle, the commission may issue, in |
|
accordance with commission rules, a temporary license for a period |
|
not to exceed one year. (V.A.C.S. Art. 179e, Sec. 6.12.) |
|
Sec. 2025.108. RACETRACK LICENSE ANNUAL FEE. The |
|
commission may prescribe a reasonable annual fee to be paid by each |
|
racetrack license holder. The fee must be in an amount sufficient |
|
to provide that the total amount of fees imposed under this section, |
|
the license fees prescribed under Section 2025.001(c), and the |
|
renewal fees prescribed under Section 2025.105(e) are sufficient to |
|
cover the costs of administering and enforcing this subtitle. |
|
(V.A.C.S. Art. 179e, Sec. 6.18.) |
|
SUBCHAPTER D. GREYHOUND RACETRACK LICENSES |
|
Sec. 2025.151. LIMITATION ON NUMBER OF GREYHOUND RACETRACK |
|
LICENSES. The commission may not issue licenses for more than three |
|
greyhound racetracks in this state. (V.A.C.S. Art 179e, Secs. |
|
6.04(c) (part), 6.14(b).) |
|
Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND |
|
RACETRACK. Each greyhound racetrack must be located in a county |
|
that: |
|
(1) has a population of more than 190,000; |
|
(2) borders the Gulf of Mexico; and |
|
(3) includes all or part of an island that borders the |
|
Gulf of Mexico. (V.A.C.S. Art. 179e, Secs. 6.04(c) (part), |
|
6.14(c).) |
|
SUBCHAPTER E. DISCIPLINARY ACTION FOR RACETRACK LICENSE HOLDERS |
|
Sec. 2025.201. GROUNDS FOR DENIAL, REVOCATION, OR |
|
SUSPENSION OF RACETRACK LICENSE. (a) The commission may refuse to |
|
issue a racetrack license or may revoke or suspend a license if, |
|
after notice and hearing, the commission finds that the applicant |
|
or license holder, as appropriate: |
|
(1) has been convicted of a violation of this subtitle |
|
or a commission rule, or has aided, abetted, or conspired to commit |
|
a violation of this subtitle or a commission rule; |
|
(2) has been convicted of a felony or a crime involving |
|
moral turpitude, including a conviction for which the punishment |
|
received was a suspended sentence, probation, or a nonadjudicated |
|
conviction, that is reasonably related to the person's present |
|
fitness to hold a license under this subtitle; |
|
(3) has violated or has caused to be violated this |
|
subtitle or a commission rule in a manner that involves moral |
|
turpitude, as distinguished from a technical violation of this |
|
subtitle or a rule; |
|
(4) is unqualified, by experience or otherwise, to |
|
perform the duties required of a license holder under this |
|
subtitle; |
|
(5) failed to answer or falsely or incorrectly |
|
answered a question in an application; |
|
(6) fails to disclose the true ownership or interest |
|
in a horse or greyhound as required by commission rules; |
|
(7) is indebted to this state for any fee or for the |
|
payment of a penalty imposed by this subtitle or a commission rule; |
|
(8) is not of good moral character or the person's |
|
reputation as a peaceable, law-abiding citizen in the community |
|
where the person resides is bad; |
|
(9) is not at least the minimum age necessary to |
|
purchase alcoholic beverages in this state; |
|
(10) is in the habit of using alcoholic beverages to an |
|
excess or uses a controlled substance as defined by Chapter 481, |
|
Health and Safety Code, or a dangerous drug as defined in Chapter |
|
483, Health and Safety Code, or is mentally incapacitated; |
|
(11) may be excluded from an enclosure under this |
|
subtitle; |
|
(12) has not been a United States citizen residing in |
|
this state for the 10 consecutive years preceding the filing of the |
|
application; |
|
(13) has improperly used a credential, including a |
|
license certificate or identification card, issued under this |
|
subtitle; |
|
(14) resides with a person whose license was revoked |
|
for cause during the 12 months preceding the date of the present |
|
application; |
|
(15) has failed or refused to furnish a true copy of |
|
the application to the commission's district office in the district |
|
in which the premises for which the license is sought are located; |
|
(16) is engaged or has engaged in activities or |
|
practices the commission determines are detrimental to the best |
|
interests of the public and the sport of horse racing or greyhound |
|
racing; or |
|
(17) fails to fully disclose the true owners of all |
|
interests, beneficial or otherwise, in a proposed racetrack. |
|
(b) Subsection (a) applies to a corporation, partnership, |
|
limited partnership, or any other organization or group whose |
|
application is composed of more than one person if a shareholder, |
|
partner, limited partner, director, or officer is disqualified |
|
under Subsection (a). |
|
(c) The commission may refuse to issue a license or may |
|
suspend or revoke a license of a license holder under this |
|
subchapter who knowingly or intentionally allows access to an |
|
enclosure where horse races or greyhound races are conducted to a |
|
person: |
|
(1) who has engaged in bookmaking, touting, or illegal |
|
wagering; |
|
(2) whose income is from illegal activities or |
|
enterprises; or |
|
(3) who has been convicted of a violation of this |
|
subtitle. (V.A.C.S. Art. 179e, Secs. 6.06(a) (part), (b), (f).) |
|
Sec. 2025.202. DISCIPLINARY ACTION; ADMINISTRATIVE |
|
PENALTY. (a) The commission by rule shall establish procedures for |
|
disciplinary action against a racetrack license holder. |
|
(b) Notwithstanding the requirements of Section 2033.151, |
|
if, after notice and hearing as provided by Section 2033.152, the |
|
commission finds that a racetrack license holder or a person |
|
employed by the racetrack has violated this subtitle or a |
|
commission rule, or if the commission finds during a review or |
|
renewal that the racetrack is ineligible for a license under this |
|
chapter, the commission may: |
|
(1) revoke, suspend, or refuse to renew the racetrack |
|
license; |
|
(2) impose an administrative penalty as provided under |
|
Section 2033.051; or |
|
(3) take any other action as provided by commission |
|
rule. |
|
(c) The commission may not revoke an active license unless |
|
the commission reasonably determines that other disciplinary |
|
actions are inadequate to remedy the violation. (V.A.C.S. Art. |
|
179e, Sec. 6.0603; New.) |
|
Sec. 2025.203. SUMMARY SUSPENSION. (a) The commission may |
|
summarily suspend a racetrack license if the 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 racing participants or the patrons. |
|
(b) After issuing a summary suspension order, the executive |
|
director shall serve on the racetrack association an order: |
|
(1) stating the specific charges; and |
|
(2) requiring the license holder immediately to cease |
|
and desist from all conduct permitted by the license. |
|
(c) The executive director shall serve the order by personal |
|
delivery or registered or certified mail, return receipt requested, |
|
to the license holder's last known address. The order must contain |
|
a notice that a request for hearing may be filed under this |
|
subchapter. |
|
(d) A summary suspension order continues in effect unless |
|
the order is stayed by the executive director. The executive |
|
director may impose any condition before granting a stay of the |
|
order. (V.A.C.S. Art. 179e, Secs. 6.063(a), (b), (e).) |
|
Sec. 2025.204. SUMMARY SUSPENSION HEARING. (a) A |
|
racetrack association that is the subject of a summary suspension |
|
order may request a hearing. The request must be filed with the |
|
executive director not later than the 10th day after the date the |
|
order was received or delivered. The request must: |
|
(1) be in writing; |
|
(2) be directed to the executive director; and |
|
(3) state the grounds for the request to set aside or |
|
modify the order. |
|
(b) Unless a license holder 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 license holder. |
|
(c) On receiving a request for a hearing, the executive |
|
director 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 receives the request for a |
|
hearing unless the parties agree to a later hearing date. |
|
(d) At the hearing, the commission has the burden of proof |
|
and must present evidence in support of the order. The license |
|
holder requesting the hearing may cross-examine witnesses and show |
|
cause why the order should not be affirmed. |
|
(e) Section 2003.021(b), Government Code, does not apply to |
|
a hearing conducted under this section. (V.A.C.S. Art. 179e, Secs. |
|
6.063(c), (d).) |
|
Sec. 2025.205. SUMMARY SUSPENSION FINAL ORDER. After the |
|
hearing on the suspension of a racetrack license, the executive |
|
director shall affirm, modify, or set aside, wholly or partly, the |
|
summary suspension order. An order affirming or modifying the |
|
summary suspension order is final for purposes of enforcement and |
|
appeal. (V.A.C.S. Art. 179e, Sec. 6.063(f).) |
|
SUBCHAPTER F. OCCUPATIONAL LICENSES |
|
Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED. (a) Except |
|
as provided by this section, a person, other than as a spectator or |
|
as a person placing a wager, may not participate in racing with |
|
pari-mutuel wagering without first obtaining a license from the |
|
commission. A person may not engage in any occupation for which |
|
commission rules require a license under this subtitle without |
|
first obtaining a license from the commission. |
|
(b) The commission by rule shall categorize the occupations |
|
of racetrack employees and determine the occupations that afford |
|
the employee an opportunity to influence racing with pari-mutuel |
|
wagering. The rules must require an employee to be licensed under |
|
this subtitle if the employee: |
|
(1) works in an occupation determined by the |
|
commission to afford the employee an opportunity to influence |
|
racing with pari-mutuel wagering; or |
|
(2) will likely have significant access to the |
|
backside of a racetrack or to restricted areas of the frontside of a |
|
racetrack. (V.A.C.S. Art. 179e, Secs. 7.01(a), (b).) |
|
Sec. 2025.252. LICENSE CATEGORIES. The commission shall |
|
adopt categories of licenses for the various occupations licensed |
|
under this subchapter and shall specify by rule the qualifications |
|
and experience required for licensing in each category that |
|
requires specific qualifications or experience. (V.A.C.S. Art. |
|
179e, Sec. 7.02(b).) |
|
Sec. 2025.253. EXAMINATION NOTIFICATION. (a) If an |
|
examination is required for the issuance of a license under this |
|
subchapter, the commission shall notify each examinee of the |
|
results of the examination not later than the 30th day after the |
|
date the licensing examination is administered under this subtitle. |
|
(b) If requested in writing by a person who fails a |
|
licensing examination administered under this subtitle, the |
|
commission shall furnish the person with an analysis of the |
|
person's performance on the examination. (V.A.C.S. Art. 179e, |
|
Secs. 7.02(c), (d).) |
|
Sec. 2025.254. ISSUANCE OF LICENSE. The commission shall |
|
issue a license to a qualified person on application and payment of |
|
the license fee. (V.A.C.S. Art. 179e, Sec. 7.03.) |
|
Sec. 2025.255. ISSUANCE OF IDENTIFICATION CARD. The |
|
commission shall issue a license certificate under this subchapter |
|
in the form of an identification card with a photograph and other |
|
information as prescribed by the commission. (V.A.C.S. Art. 179e, |
|
Sec. 7.06.) |
|
Sec. 2025.256. LICENSE FEES. (a) The commission by rule |
|
shall adopt a fee schedule for licenses issued under this |
|
subchapter. |
|
(b) The commission shall base the license fee amounts on the |
|
relative or comparative incomes or property interests of the |
|
various categories of license holders, with the lower income |
|
categories charged nearer the minimum fee and the higher income |
|
categories charged nearer the maximum fee. |
|
(c) In setting the fee schedule under Subsection (a), the |
|
commission shall include the cost of criminal history record |
|
information obtained under Section 2023.058. The commission may |
|
determine the best method for recovering this cost and complying |
|
with this section, including collecting the costs over an extended |
|
period. (V.A.C.S. Art. 179e, Sec. 7.05.) |
|
Sec. 2025.257. TERM OF LICENSE; RENEWAL. (a) A license |
|
issued under this subchapter is valid for a period set by the |
|
commission not to exceed 36 months following the date of issuance. |
|
The license is renewable on the: |
|
(1) completion of an application; |
|
(2) receipt of satisfactory results of a criminal |
|
history record information check; and |
|
(3) payment of the fee in accordance with commission |
|
rules. |
|
(b) The commission by rule may adopt a system under which |
|
licenses expire on various dates during the year. For the year in |
|
which the license expiration date is changed, license fees shall be |
|
prorated on a monthly basis so that each license holder pays only |
|
that portion of the license fee that is allocable to the number of |
|
months during which the license is valid. On renewal of the license |
|
on the new expiration date, the total license renewal fee is |
|
payable. (V.A.C.S. Art. 179e, Secs. 7.07(a), (b).) |
|
Sec. 2025.258. CRIMINAL HISTORY RECORD INFORMATION. (a) |
|
The commission shall obtain criminal history record information on |
|
each applicant renewing an occupational license under this |
|
subchapter. |
|
(b) The commission shall ensure that criminal history |
|
record information is obtained on each license holder at least once |
|
every 36 months. (V.A.C.S. Art. 179e, Sec. 7.07(a-1).) |
|
Sec. 2025.259. LICENSE VALID THROUGHOUT STATE. A license |
|
issued under this subchapter is valid, as determined by the |
|
commission, at all race meetings conducted in this state. |
|
(V.A.C.S. Art. 179e, Sec. 7.08.) |
|
Sec. 2025.260. TEMPORARY LICENSES. (a) Pending |
|
investigation of an applicant's qualifications to receive an |
|
original or renewal license, the commission may issue a temporary |
|
license to an applicant under this subchapter whose application |
|
appears to comply with the requirements of law and who has paid the |
|
necessary fee. |
|
(b) The temporary license is valid for a period not to |
|
exceed 120 days following the date of issuance. (V.A.C.S. Art. |
|
179e, Sec. 7.09.) |
|
Sec. 2025.261. RECIPROCAL LICENSES; OUT-OF-STATE |
|
APPLICANTS. (a) The commission may waive any prerequisite to |
|
obtaining a license for an applicant, including any requirement to |
|
submit a set of fingerprints, after reviewing the applicant's |
|
credentials and determining that the applicant holds a license from |
|
another state that has license requirements substantially |
|
equivalent to the requirements of this state. |
|
(b) The commission may waive any prerequisite to obtaining a |
|
license, including any requirement to submit a set of fingerprints, |
|
for an applicant who holds a license from another state with which |
|
this state has a reciprocity agreement. The commission may enter |
|
into agreements with other states to allow for licensing by |
|
reciprocity. (V.A.C.S. Art. 179e, Sec. 7.10.) |
|
Sec. 2025.262. GROUNDS FOR DENIAL, REVOCATION, AND |
|
SUSPENSION OF OCCUPATIONAL LICENSE. The commission may refuse to |
|
issue any original or renewal license under this subchapter or may |
|
revoke or suspend the license if, after notice and hearing, the |
|
commission finds that the applicant or license holder, as |
|
appropriate: |
|
(1) has been convicted of a violation of this subtitle |
|
or a commission rule or has aided, abetted, or conspired to commit a |
|
violation of this subtitle or a commission rule; |
|
(2) has been convicted of a felony or a crime involving |
|
moral turpitude that is reasonably related to the person's present |
|
fitness to hold a license under this subtitle; |
|
(3) has violated or has caused to be violated this |
|
subtitle or a commission rule in a manner that involves moral |
|
turpitude, as distinguished from a technical violation of this |
|
subtitle or a rule; |
|
(4) is unqualified, by experience or otherwise, to |
|
perform the duties required of a license holder under this |
|
subtitle; |
|
(5) failed to answer or has falsely or incorrectly |
|
answered a question in an original or renewal application; |
|
(6) fails to disclose the true ownership or interest |
|
in a horse or greyhound as required by commission rules; |
|
(7) is indebted to this state for any fee or for the |
|
payment of a penalty imposed by this subtitle or a commission rule; |
|
(8) is not of good moral character or the person's |
|
reputation as a peaceable, law-abiding citizen in the community |
|
where the person resides is bad; |
|
(9) is in the habit of using alcoholic beverages to an |
|
excess or uses a controlled substance as defined in Chapter 481, |
|
Health and Safety Code, or a dangerous drug as defined in Chapter |
|
483, Health and Safety Code, or is mentally incapacitated; |
|
(10) may be excluded from an enclosure under this |
|
subtitle; |
|
(11) has improperly used a temporary pass, license |
|
certificate, credential, or identification card issued under this |
|
subtitle; |
|
(12) resides with a person whose license was revoked |
|
for cause during the 12 months preceding the date of the present |
|
application; |
|
(13) has failed or refused to furnish a true copy of |
|
the application to the commission's district office in the district |
|
in which the premises for which the license is sought are located; |
|
or |
|
(14) is engaged or has engaged in activities or |
|
practices that are detrimental to the best interests of the public |
|
and the sport of horse racing or greyhound racing. (V.A.C.S. Art. 179e, Sec. 7.04.) |
|
|
|
CHAPTER 2026. RACETRACK OPERATION AND PREMISES |
|
SUBCHAPTER A. REGULATION OF RACETRACK |
|
Sec. 2026.001. PLANNING, CONSTRUCTION, AND OPERATION |
|
RULES |
|
Sec. 2026.002. PREVENTION OF SUBTERFUGE IN RACETRACK |
|
OWNERSHIP OR OPERATION |
|
Sec. 2026.003. FINANCIAL DISCLOSURE |
|
Sec. 2026.004. RACING LOCATION |
|
Sec. 2026.005. CHANGE OF RACING LOCATION |
|
Sec. 2026.006. LEASE OF RACETRACK PREMISES |
|
Sec. 2026.007. INAPPROPRIATE OR UNSAFE CONDITIONS; |
|
ENFORCEMENT; RULES |
|
Sec. 2026.008. SUPERVISION OF CONSTRUCTION, RENOVATION, |
|
AND MAINTENANCE; ENFORCEMENT |
|
Sec. 2026.009. RACETRACK SECURITY |
|
Sec. 2026.010. KENNELS |
|
Sec. 2026.011. AUTOMOBILE RACING FACILITY PROHIBITED |
|
NEAR RACETRACK IN CERTAIN COUNTIES |
|
Sec. 2026.012. OTHER LAWFUL BUSINESSES AUTHORIZED |
|
Sec. 2026.013. EMPLOYEE COMPLIANCE |
|
SUBCHAPTER B. EXCLUSION OR EJECTION FROM RACETRACK |
|
Sec. 2026.051. COMMISSION RULES REGARDING EXCLUSION OR |
|
EJECTION |
|
Sec. 2026.052. EXCLUSION OR EJECTION FROM ENCLOSURE; |
|
HEARING; APPEAL |
|
Sec. 2026.053. EXCLUSION OR EJECTION BY RACETRACK |
|
ASSOCIATION |
|
Sec. 2026.054. CRIMINAL TRESPASS AT ENCLOSURE |
|
SUBCHAPTER C. CLASSIFICATION OF HORSE RACETRACKS |
|
Sec. 2026.101. CLASSIFICATION |
|
Sec. 2026.102. CLASS 1 RACETRACK |
|
Sec. 2026.103. CLASS 2 RACETRACK |
|
Sec. 2026.104. CLASS 3 RACETRACK |
|
Sec. 2026.105. CLASS 4 RACETRACK |
|
Sec. 2026.106. WAIVER OR DEFERRAL OF CERTAIN STANDARDS |
|
FOR CLASS 4 RACETRACK |
|
Sec. 2026.107. CALCULATION OF LIVE AND SIMULCAST RACE |
|
DATES |
|
SUBCHAPTER D. CONCESSION, MANAGEMENT, OR TOTALISATOR CONTRACTS; |
|
SECURITY PLANS |
|
Sec. 2026.151. COMMISSION APPROVAL REQUIRED |
|
Sec. 2026.152. COMMISSION REVIEW OF SECURITY PLANS AND |
|
CERTAIN CONTRACTS |
|
Sec. 2026.153. MANAGEMENT CONTRACT: REQUIREMENTS AND |
|
LIMITATIONS |
|
CHAPTER 2026. RACETRACK OPERATION AND PREMISES |
|
SUBCHAPTER A. REGULATION OF RACETRACK |
|
Sec. 2026.001. PLANNING, CONSTRUCTION, AND OPERATION |
|
RULES. To preserve and protect the public health, welfare, and |
|
safety, the commission shall adopt rules relating to all matters |
|
concerning the planning, construction, and operation of |
|
racetracks. (V.A.C.S. Art. 179e, Sec. 6.06(a) (part).) |
|
Sec. 2026.002. PREVENTION OF SUBTERFUGE IN RACETRACK |
|
OWNERSHIP OR OPERATION. This subtitle shall be liberally construed |
|
to prevent subterfuge in the ownership and operation of a |
|
racetrack. (V.A.C.S. Art. 179e, Sec. 6.06(d) (part).) |
|
Sec. 2026.003. FINANCIAL DISCLOSURE. (a) The commission |
|
by rule shall require that each racetrack association that holds a |
|
license for a class 1 racetrack, class 2 racetrack, or greyhound |
|
racetrack annually file with the commission a detailed financial |
|
statement that: |
|
(1) contains the names and addresses of all |
|
stockholders, members, and owners of any interest in the racetrack; |
|
(2) indicates compliance during the filing period with |
|
Section 2025.101; and |
|
(3) includes any other information required by the |
|
commission. |
|
(b) Each transaction that involves an acquisition or a |
|
transfer of a pecuniary interest in the racetrack association must |
|
receive prior approval from the commission. A transaction that |
|
changes the ownership of the racetrack association requires |
|
submission of updated information of the type required to be |
|
disclosed under Section 2025.052 and payment of a fee to recover the |
|
costs of the criminal background check. (V.A.C.S. Art. 179e, Sec. |
|
6.13.) |
|
Sec. 2026.004. RACING LOCATION. (a) Except as provided by |
|
this section, Section 2026.005, or Section 2025.103, a racetrack |
|
association may not conduct horse racing or greyhound racing at any |
|
place other than the place designated in the license. |
|
(b) If the racetrack or enclosure designated in the license |
|
becomes unsuitable for racing because of fire, flood, or other |
|
catastrophe, the affected racetrack association, with the prior |
|
approval of the commission, may conduct a race meeting or any |
|
remaining portion of a meeting temporarily at any other racetrack |
|
if the other racetrack license holder: |
|
(1) is licensed by the commission to conduct the same |
|
type of racing as may be conducted by the affected racetrack |
|
association; and |
|
(2) consents to the usage. (V.A.C.S. Art. 179e, Sec. |
|
6.14(a).) |
|
Sec. 2026.005. CHANGE OF RACING LOCATION. On request of a |
|
racetrack association, the commission shall amend a racetrack |
|
license to change the location of the racetrack if the commission |
|
determines that: |
|
(1) the conduct of race meetings at the proposed new |
|
location will be in the public interest; |
|
(2) there was not a competing applicant for the |
|
original license; and |
|
(3) the racetrack association's desire to change |
|
location is not the result of a subterfuge in the original licensing |
|
proceeding. (V.A.C.S. Art. 179e, Sec. 6.14(d).) |
|
Sec. 2026.006. LEASE OF RACETRACK PREMISES. (a) The |
|
commission by rule may authorize a racetrack association, as |
|
lessee, to contract for the lease of a racetrack and the surrounding |
|
structures. |
|
(b) The commission may not approve a lease if: |
|
(1) the lease appears to be a subterfuge to evade |
|
compliance with Section 2025.101 or 2025.201; |
|
(2) the racetrack and surrounding structures do not |
|
conform to the rules adopted under this subtitle; 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 Section 2025.052(a)(1). The |
|
commission may not approve a lease if the lessor and lessee do not |
|
provide the required information. (V.A.C.S. Art. 179e, Sec. 6.07.) |
|
Sec. 2026.007. INAPPROPRIATE OR UNSAFE CONDITIONS; |
|
ENFORCEMENT; RULES. (a) The executive director shall issue a |
|
notice of violation to a racetrack association on a determination |
|
that an inappropriate or unsafe condition exists at a racetrack. |
|
(b) If the executive director determines that an |
|
inappropriate or unsafe condition exists at the racetrack, the |
|
executive director shall order the racetrack association to take |
|
action within a specified period to remedy the inappropriate or |
|
unsafe condition. In determining the period for compliance, the |
|
executive director shall consider: |
|
(1) the nature and severity of the problem; and |
|
(2) the threat to the health, safety, and welfare of |
|
race participants, patrons, and animals. |
|
(c) The commission by rule shall require a report of any |
|
corrective action taken by a racetrack association in response to |
|
an order of the executive director under Subsection (b). |
|
(d) If a racetrack association fails to take action as |
|
required under Subsection (b), the executive director shall |
|
initiate an enforcement action against the racetrack association. |
|
The executive director may rescind any live or simulcast race date |
|
of a racetrack association that does not take corrective action |
|
within the period set by the executive director. |
|
(e) The commission shall adopt rules implementing this |
|
section, including rules: |
|
(1) requiring the report and correction of: |
|
(A) an inappropriate condition on the premises of |
|
a racetrack, including a failure to properly maintain the premises, |
|
that interferes with the administration of this subtitle; and |
|
(B) a condition on the premises that makes the |
|
premises unsafe for a race participant, patron, or animal; and |
|
(2) determining the methods and manner by which the |
|
executive director may determine and remedy inappropriate or unsafe |
|
conditions on the premises, including the methods and manner in |
|
which the executive director may conduct inspections of the |
|
premises and remedy emergency situations. |
|
(f) The commission shall adopt rules relating to the |
|
commission's review of an action taken under this section by the |
|
executive director. A review procedure adopted under this |
|
subsection must be consistent with Chapter 2001, Government Code. |
|
(V.A.C.S. Art. 179e, Sec. 6.061.) |
|
Sec. 2026.008. SUPERVISION OF CONSTRUCTION, RENOVATION, |
|
AND MAINTENANCE; ENFORCEMENT. (a) The 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. |
|
(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 association to the commission; |
|
(5) the inspection by the 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 commission has grounds to believe that a |
|
racetrack association has failed to comply with the requirements of |
|
this section, a representative of the racetrack association shall |
|
appear before the commission to consider the issue of compliance |
|
with rules adopted under this section. |
|
(d) Before a building or improvement may be used by a |
|
racetrack association, the commission shall determine whether: |
|
(1) the construction, renovation, or maintenance of |
|
the building or improvement was completed in accordance with the |
|
approved plans and specifications; and |
|
(2) other commission requirements were met. |
|
(e) If the commission determines that the racetrack |
|
association failed to comply with a requirement of this section or a |
|
rule adopted under this section, the commission shall initiate an |
|
enforcement action against the racetrack association. In addition |
|
to any other authorized enforcement action, the commission may |
|
rescind any live or simulcast race date of any racetrack |
|
association that has failed to comply with the requirements of this |
|
section. (V.A.C.S. Art. 179e, Sec. 6.062.) |
|
Sec. 2026.009. RACETRACK SECURITY. A horse racetrack |
|
association shall provide adequate security at the racetrack |
|
association's racetrack to ensure the safety of the spectators, |
|
employees, and animals. (V.A.C.S. Art. 179e, Sec. 9.07.) |
|
Sec. 2026.010. KENNELS. (a) Each greyhound racetrack |
|
association shall: |
|
(1) contract for a maximum of 18 kennels; and |
|
(2) provide free kennel rent and schooling. |
|
(b) In contracting with kennel owners for a racetrack, a |
|
racetrack association shall ensure that at least 50 percent of the |
|
kennels with which the racetrack association contracts are wholly |
|
owned by residents of this state. |
|
(c) For purposes of this section, "residents of this state" |
|
are individuals who have resided in Texas for the five-year period |
|
preceding the date the kennel contract is signed. (V.A.C.S. Art. |
|
179e, Secs. 10.03, 10.06.) |
|
Sec. 2026.011. AUTOMOBILE RACING FACILITY PROHIBITED NEAR |
|
RACETRACK IN CERTAIN COUNTIES. An automobile racing facility may |
|
not be located within 10,000 feet of a horse or greyhound racetrack |
|
that is located in a county with a population of 1.8 million or |
|
more. (V.A.C.S. Art. 179e, Sec. 11.10.) |
|
Sec. 2026.012. OTHER LAWFUL BUSINESSES AUTHORIZED. A |
|
racetrack association may conduct other lawful business on the |
|
racetrack association's grounds. (V.A.C.S. Art. 179e, Sec. 18.03.) |
|
Sec. 2026.013. EMPLOYEE COMPLIANCE. (a) A racetrack is |
|
responsible for ensuring that the racetrack's employees comply with |
|
this subtitle and commission rules. |
|
(b) The commission may impose disciplinary action against a |
|
racetrack for violations of this subtitle and commission rules by |
|
the racetrack's employees as provided by Section 2025.202. |
|
(V.A.C.S. Art. 179e, Sec. 7.01(c).) |
|
SUBCHAPTER B. EXCLUSION OR EJECTION FROM RACETRACK |
|
Sec. 2026.051. COMMISSION RULES REGARDING EXCLUSION OR |
|
EJECTION. The commission shall adopt rules providing for the |
|
exclusion or ejection from an enclosure where horse or greyhound |
|
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 |
|
subtitle; |
|
(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 rule described in this section; |
|
(6) who has committed a corrupt or fraudulent act in |
|
connection with horse or greyhound racing or pari-mutuel wagering |
|
or who has committed any act tending or intended to corrupt horse or |
|
greyhound racing or pari-mutuel wagering; |
|
(7) who is under suspension or has been excluded or |
|
ejected from a racetrack by the commission or a steward in this |
|
state or by a corresponding authority in another state because of |
|
corrupt or fraudulent 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 an 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. (V.A.C.S. |
|
Art. 179e, Sec. 13.01.) |
|
Sec. 2026.052. EXCLUSION OR EJECTION FROM ENCLOSURE; |
|
HEARING; APPEAL. (a) A person who is excluded or ejected from an |
|
enclosure under a commission rule may apply to the commission for a |
|
hearing on the question of the applicability of the rule to that |
|
person. |
|
(b) An application for a hearing under Subsection (a) |
|
constitutes a contested case under Chapter 2001, Government Code. |
|
If, after a hearing as provided under Subchapter C of that chapter, |
|
the commission determines that the exclusion or ejection was |
|
proper: |
|
(1) the commission shall issue an order to that effect |
|
and enter the order in the commission's minutes; and |
|
(2) the person shall continue to be excluded from each |
|
racetrack association's enclosure. |
|
(c) A person excluded or ejected may appeal an adverse |
|
decision of the commission by filing a petition for judicial review |
|
in the manner provided by Subchapter G, Chapter 2001, Government |
|
Code. Venue for the review is in a district court in Travis County. |
|
(d) The judgment of the court may be appealed as in other |
|
civil cases. The person appealing the commission's ruling under |
|
this subtitle shall continue to be excluded from all enclosures in |
|
this state during the pendency of the appeal. (V.A.C.S. Art. 179e, |
|
Secs. 13.02(a), (b), (c) (part), (d).) |
|
Sec. 2026.053. EXCLUSION OR EJECTION BY RACETRACK |
|
ASSOCIATION. This subtitle does not prohibit a racetrack |
|
association from excluding or ejecting a person from the racetrack |
|
association's enclosure for any lawful reason. (V.A.C.S. Art. |
|
179e, Sec. 13.04.) |
|
Sec. 2026.054. CRIMINAL TRESPASS AT ENCLOSURE. A person, |
|
for the purposes of Section 30.05, Penal Code, is presumed to have |
|
received notice that entry to an enclosure was forbidden if the |
|
person: |
|
(1) was excluded or ejected from the enclosure under |
|
this subchapter; |
|
(2) possessed, displayed, or used in the enclosure a |
|
credential that the person was not authorized to use; or |
|
(3) entered the enclosure using a falsified |
|
credential. (V.A.C.S. Art. 179e, Sec. 13.03.) |
|
SUBCHAPTER C. CLASSIFICATION OF HORSE RACETRACKS |
|
Sec. 2026.101. CLASSIFICATION. A horse racetrack is |
|
classified as: |
|
(1) a class 1 racetrack; |
|
(2) a class 2 racetrack; |
|
(3) a class 3 racetrack; or |
|
(4) a class 4 racetrack. (V.A.C.S. Art. 179e, Sec. |
|
6.02(a).) |
|
Sec. 2026.102. CLASS 1 RACETRACK. (a) A class 1 racetrack |
|
is a racetrack on which live racing is conducted for a number of |
|
days in a calendar year, as determined by the commission under |
|
Subchapter A, Chapter 2029. |
|
(b) 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 |
|
such a county. |
|
(c) Not more than three class 1 racetracks may be licensed |
|
and operated in this state. (V.A.C.S. Art. 179e, Sec. 6.02(b).) |
|
Sec. 2026.103. CLASS 2 RACETRACK. (a) A class 2 racetrack |
|
is a racetrack on which live racing is conducted for a number of |
|
days, as determined by the commission under Subchapter A, Chapter |
|
2029. |
|
(b) A class 2 racetrack is entitled to conduct 60 days of |
|
live racing in a calendar year. A racetrack association may request |
|
additional or fewer days of live racing. If, after receipt of a |
|
request from a racetrack association, the commission determines |
|
additional or fewer days to be economically feasible and in the best |
|
interest of this state and the racing industry, the commission |
|
shall grant the request. |
|
(c) The commission may permit a racetrack 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. (V.A.C.S. Art. 179e, Sec. 6.02(c).) |
|
Sec. 2026.104. CLASS 3 RACETRACK. (a) A class 3 racetrack |
|
is a racetrack operated by a county or a nonprofit fair under |
|
Chapter 2032. |
|
(b) A racetrack association that holds a class 3 racetrack |
|
license and that conducted horse races in 1986 may conduct live |
|
races for a number of days not to exceed 16 days in a calendar year |
|
on the dates selected by the racetrack association. (V.A.C.S. Art. |
|
179e, Sec. 6.02(d).) |
|
Sec. 2026.105. CLASS 4 RACETRACK. (a) A class 4 racetrack |
|
is a racetrack operated by a county fair under Section 2032.002. |
|
(b) A racetrack 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 racetrack |
|
association and approved by the commission. (V.A.C.S. Art. 179e, |
|
Sec. 6.02(g).) |
|
Sec. 2026.106. WAIVER OR DEFERRAL OF CERTAIN STANDARDS FOR |
|
CLASS 4 RACETRACK. (a) In considering an application for a class 4 |
|
racetrack license, except as provided by Subsection (b), the |
|
commission may waive or defer compliance with the commission's |
|
standards regarding the physical facilities or operations of a |
|
horse racetrack. |
|
(b) The commission may not waive or defer compliance with |
|
standards that relate to the testing of horses or license holders |
|
for the presence of a prohibited substance, including a prohibited |
|
drug or chemical. |
|
(c) If the commission defers compliance, the commission |
|
shall, when granting the application, establish a schedule under |
|
which the license holder must comply with the standards. (V.A.C.S. |
|
Art. 179e, Sec. 6.04(d).) |
|
Sec. 2026.107. CALCULATION OF LIVE AND SIMULCAST RACE |
|
DATES. (a) For purposes of this subchapter, live race dates are |
|
counted separately from the dates on which the racetrack |
|
association presents simulcast races. |
|
(b) The number of race dates allowed under this subchapter |
|
relates only to live race dates. A racetrack may present simulcast |
|
races on other dates as approved by the commission. (V.A.C.S. Art. |
|
179e, Secs. 6.02(e), (f).) |
|
SUBCHAPTER D. CONCESSION, MANAGEMENT, OR TOTALISATOR CONTRACTS; |
|
SECURITY PLANS |
|
Sec. 2026.151. COMMISSION APPROVAL REQUIRED. (a) All |
|
concession, management, and totalisator contracts submitted by an |
|
applicant under Section 2025.054 must have the prior approval of |
|
the commission. |
|
(b) The commission shall refuse to approve a concession or |
|
management contract if, in the sole discretion of the commission, |
|
the background checks conducted under Section 2025.056 reveal |
|
anything that might be detrimental to the public interest or the |
|
racing industry. (V.A.C.S. Art. 179e, Secs. 6.03(a) (part), 6.031 |
|
(part).) |
|
Sec. 2026.152. COMMISSION REVIEW OF SECURITY PLANS AND |
|
CERTAIN CONTRACTS. (a) On receipt of a plan for the security of a |
|
racetrack, or a copy of a concession, management, or totalisator |
|
contract for review under Section 2026.151, the commission shall |
|
review the security plan or contract in an executive session. |
|
Documents submitted by an applicant to the commission under this |
|
section or Section 2025.052 or 2025.054 are subject to discovery in |
|
a suit brought under this subtitle but are not public records and |
|
are not subject to Chapter 552, Government Code. |
|
(b) In reviewing and approving contracts under Subsection |
|
(a), the commission shall attempt to ensure the involvement of |
|
minority-owned businesses whenever possible. (V.A.C.S. Art. 179e, |
|
Sec. 6.03(b).) |
|
Sec. 2026.153. MANAGEMENT CONTRACT: REQUIREMENTS AND |
|
LIMITATIONS. (a) A person awarded a management contract to operate |
|
a racetrack must meet all of the requirements for a license under |
|
Sections 2025.101 and 2025.201. |
|
(b) The 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. (V.A.C.S. Art. 179e, Secs. 6.06(g), 7.02(e).) |
|
|
|
CHAPTER 2027. WAGERING |
|
SUBCHAPTER A. PARI-MUTUEL WAGERING |
|
Sec. 2027.001. PARI-MUTUEL WAGERING RULES |
|
Sec. 2027.002. WAGERING RESTRICTIONS |
|
Sec. 2027.003. WAGERING COMPUTATION EQUIPMENT |
|
Sec. 2027.004. AUTOMATED TELLER MACHINES: RULES, |
|
LIMITATIONS, AND FEES |
|
Sec. 2027.005. TICKET INFORMATION RULES |
|
Sec. 2027.006. CLAIM AFTER RACE MEETING |
|
SUBCHAPTER B. SIMULCAST WAGERING |
|
Sec. 2027.051. SIMULCAST WAGERING RULES |
|
Sec. 2027.052. CONSTRUCTION OF LAWS RELATED TO |
|
SIMULCAST RACES |
|
Sec. 2027.053. COMMISSION APPROVAL REQUIRED FOR |
|
PARI-MUTUEL POOL INCLUSION |
|
Sec. 2027.054. REQUIREMENTS AND LIMITATIONS ON |
|
SIMULCAST RACES |
|
Sec. 2027.055. CONTRACT REQUIRED FOR SIMULCAST RACES |
|
Sec. 2027.056. SIMULCAST CONTRACT TERMS AND |
|
ARBITRATION |
|
SUBCHAPTER C. WAGERING PROHIBITIONS |
|
Sec. 2027.101. RULES PROHIBITING WAGERING BY MINOR AND |
|
VIEWING BY UNACCOMPANIED CHILD |
|
Sec. 2027.102. UNLAWFUL WAGERING |
|
CHAPTER 2027. WAGERING |
|
SUBCHAPTER A. PARI-MUTUEL WAGERING |
|
Sec. 2027.001. PARI-MUTUEL WAGERING RULES. (a) The |
|
commission shall adopt rules to regulate wagering on horse races |
|
and greyhound races under the system known as pari-mutuel wagering. |
|
(b) Rules adopted under this subtitle must include rules to: |
|
(1) regulate wagering by a person licensed under this |
|
subtitle; |
|
(2) prohibit wagering by a commission employee; |
|
(3) prohibit a racetrack association from accepting a |
|
wager made by telephone; and |
|
(4) prohibit a racetrack association from accepting a |
|
wager made on credit. |
|
(c) Commission rules adopted under this subtitle must be |
|
written and updated to ensure maximum enforceability. (V.A.C.S. |
|
Art. 179e, Secs. 11.01(a) (part), (b), 11.04(a) (part), (b), (c) |
|
(part).) |
|
Sec. 2027.002. WAGERING RESTRICTIONS. (a) Wagering may be |
|
conducted only by a racetrack association within the racetrack |
|
association's enclosure. |
|
(b) A person may not accept, in person, by telephone, or |
|
over the Internet, a wager for a horse or greyhound race conducted |
|
inside or outside this state from a person in this state unless the |
|
wager is authorized under this subtitle. |
|
(c) Only a person inside an enclosure where both live and |
|
simulcast race meetings are authorized may wager on the result of a |
|
live or simulcast race presented by a racetrack association in |
|
accordance with commission rules. |
|
(d) Except as provided by Subsection (c), a person may not |
|
place, in person, by telephone, or over the Internet, a wager for a |
|
horse or greyhound race conducted inside or outside this state. |
|
(V.A.C.S. Art. 179e, Secs. 11.01(a) (part), 11.04(a) (part).) |
|
Sec. 2027.003. WAGERING COMPUTATION EQUIPMENT. (a) |
|
Wagering authorized under this chapter may be calculated only by |
|
state-of-the-art computational equipment approved by the |
|
commission. |
|
(b) The commission may not require the use of a particular |
|
make of equipment. (V.A.C.S. Art. 179e, Sec. 11.02.) |
|
Sec. 2027.004. AUTOMATED TELLER MACHINES: RULES, |
|
LIMITATIONS, AND FEES. (a) The commission shall: |
|
(1) adopt rules providing for the use of automated |
|
teller machines in an enclosure; and |
|
(2) limit the use of automated teller machines by |
|
allowing a person access only to the person's checking account at a |
|
bank or other financial institution. |
|
(b) A racetrack association that allows an automated teller |
|
machine in an enclosure as provided by Subsection (a) shall collect |
|
a fee of $1 for each transaction authorized under that subsection |
|
and forward the fee to the commission. |
|
(c) The commission shall: |
|
(1) adopt rules providing for collection, reporting, |
|
and auditing of the transaction fee authorized under Subsection |
|
(b); and |
|
(2) deposit the fee collected under Subsection (b) to |
|
the credit of the general revenue fund. (V.A.C.S. Art. 179e, Secs. |
|
11.04(c) (part), (e).) |
|
Sec. 2027.005. TICKET INFORMATION RULES. The commission by |
|
rule shall prescribe the information to be printed on each |
|
pari-mutuel ticket. (V.A.C.S. Art. 179e, Sec. 11.03.) |
|
Sec. 2027.006. CLAIM AFTER RACE MEETING. (a) A person who |
|
claims to be entitled to any part of a distribution from a |
|
pari-mutuel pool may, not later than the first anniversary of the |
|
day the ticket was purchased, file with the appropriate racetrack |
|
association a claim for the money accompanied by a substantial |
|
portion of the pari-mutuel ticket sufficient to identify the |
|
racetrack association, race, horse or greyhound involved, amount |
|
wagered, and type of ticket. |
|
(b) A person who claims to be entitled to money from a |
|
pari-mutuel voucher may before the first anniversary of the day the |
|
voucher was issued file with the appropriate racetrack association |
|
a claim for the money accompanied by a substantial portion of the |
|
pari-mutuel voucher sufficient to identify the racetrack |
|
association, serial number, date issued, and amount of the voucher. |
|
(c) If the claimant satisfactorily establishes a right to |
|
distribution from a pari-mutuel pool, the racetrack association |
|
shall pay the amount due the claimant. |
|
(d) If the racetrack association refuses to pay a claimant |
|
who has established satisfactorily a right to distribution from a |
|
pari-mutuel pool, the claimant may appeal to the commission under |
|
procedures prescribed by commission rule. (V.A.C.S. Art. 179e, Sec. |
|
11.07.) |
|
SUBCHAPTER B. SIMULCAST WAGERING |
|
Sec. 2027.051. SIMULCAST WAGERING RULES. The commission |
|
shall adopt rules to license and regulate pari-mutuel wagering on: |
|
(1) races conducted in this state and simulcast to |
|
in-state racetrack associations or out-of-state receiving |
|
locations; and |
|
(2) races conducted out-of-state and simulcast to |
|
in-state racetrack associations. (V.A.C.S. Art. 179e, Sec. |
|
11.011(a).) |
|
Sec. 2027.052. CONSTRUCTION OF LAWS RELATED TO SIMULCAST |
|
RACES. (a) This subtitle may not be construed to allow wagering in |
|
this state on simulcast races at any location other than a racetrack |
|
licensed under this subtitle that has been granted live race dates |
|
by the commission. |
|
(b) This subtitle may not be construed to prohibit wagering |
|
on: |
|
(1) a simulcast horse race at a greyhound racetrack in |
|
this state; or |
|
(2) a simulcast greyhound race at a horse racetrack in |
|
this state. (V.A.C.S. Art. 179e, Secs. 11.011(f), (g) (part).) |
|
Sec. 2027.053. COMMISSION APPROVAL REQUIRED FOR |
|
PARI-MUTUEL POOL INCLUSION. (a) With commission approval: |
|
(1) 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 in-state racetrack association; |
|
and |
|
(2) wagers accepted by an in-state racetrack |
|
association 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 |
|
track. |
|
(b) The commission may adopt rules necessary to facilitate |
|
the interstate commingling of pari-mutuel pools as provided by |
|
Subsection (a). |
|
(c) The racetrack where the wager is made is responsible for |
|
reporting and remitting this state's share of the pari-mutuel pool. |
|
(V.A.C.S. Art. 179e, Secs. 11.011(b), (c), (d), (e).) |
|
Sec. 2027.054. REQUIREMENTS AND LIMITATIONS ON SIMULCAST |
|
RACES. (a) A horse racetrack may not be required to accept a |
|
greyhound simulcast signal. A horse racetrack that offers wagering |
|
on interstate greyhound simulcast races must offer wagering on all |
|
Texas greyhound races made available for simulcast wagering. |
|
(b) A greyhound racetrack may not be required to accept a |
|
horse simulcast signal. A greyhound racetrack that offers wagering |
|
on interstate horse simulcast races must offer wagering on all |
|
Texas horse races made available for simulcast wagering. |
|
(c) The commission may 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. (V.A.C.S. Art. 179e, Secs. 11.011(g) (part), (j), (m).) |
|
Sec. 2027.055. CONTRACT REQUIRED FOR SIMULCAST RACES. (a) |
|
Except as provided by this subchapter, a horse racetrack may offer |
|
wagering on interstate greyhound race simulcast signals only as |
|
provided by a contract with the nearest greyhound racetrack. If an |
|
agreement between the racetracks cannot be reached by October 1 of |
|
the year preceding the calendar year in which the simulcasting is to |
|
occur, the horse racetrack may purchase and offer wagering on |
|
greyhound race simulcast signals and shall pay to the nearest |
|
greyhound racetrack the amounts specified under Section |
|
2028.202(c)(1). |
|
(b) Except as provided by this subchapter, a greyhound |
|
racetrack may offer wagering on interstate horse race simulcast |
|
signals only as provided by a contract with the nearest Class 1 |
|
horse racetrack. If an agreement between the racetracks cannot be |
|
reached by October 1 of the year preceding the calendar year in |
|
which the simulcasting is to occur, the greyhound racetrack may |
|
purchase and offer wagering on interstate horse race simulcast |
|
signals and shall pay to the nearest Class 1 horse racetrack the |
|
amounts specified in Section 2028.202(b)(1). |
|
(c) Wagering on a simulcast greyhound race at a horse |
|
racetrack that conducted its inaugural meet within 12 months of |
|
September 1, 1997, or at an operational horse racetrack within 60 |
|
miles of that racetrack may be conducted only in accordance with an |
|
agreement between the racetracks. (V.A.C.S. Art. 179e, Secs. |
|
11.011(h), (i), (k).) |
|
Sec. 2027.056. SIMULCAST CONTRACT TERMS AND ARBITRATION. |
|
(a) Notwithstanding any other provisions of law, a greyhound |
|
racetrack association and the state greyhound breed registry shall |
|
by contract agree that each simulcast contract to which the |
|
greyhound racetrack association is a party, including a simulcast |
|
contract with a horse racetrack association or with another |
|
greyhound racetrack association, include terms that provide |
|
adequately for: |
|
(1) the development of greyhound racing, breeding, and |
|
purses; and |
|
(2) any actual or potential loss of live racing handle |
|
based on the racetrack association's historical live racing |
|
schedule and handle in this state. |
|
(b) If a greyhound racetrack association and the state |
|
greyhound breed registry fail to reach an agreement under |
|
Subsection (a), the racetrack association or the breed registry may |
|
submit the contract negotiations for binding arbitration under |
|
Chapter 171, Civil Practice and Remedies Code, and commission |
|
rules. |
|
(c) The arbitration must be conducted by a board of three |
|
arbitrators as follows: |
|
(1) one arbitrator appointed by the greyhound |
|
racetrack association; |
|
(2) one arbitrator appointed by the state greyhound |
|
breed registry; and |
|
(3) one arbitrator appointed by the arbitrators |
|
appointed under Subdivisions (1) and (2). |
|
(d) A greyhound racetrack association and the state |
|
greyhound breed registry shall each pay its own arbitration |
|
expenses. The greyhound racetrack association and the state |
|
greyhound breed registry shall equally pay the arbitrator fees and |
|
costs. (V.A.C.S. Art. 179e, Sec. 11.011(l) (part).) |
|
SUBCHAPTER C. WAGERING PROHIBITIONS |
|
Sec. 2027.101. RULES PROHIBITING WAGERING BY MINOR AND |
|
VIEWING BY UNACCOMPANIED CHILD. (a) The commission shall adopt |
|
rules to prohibit: |
|
(1) wagering by a minor; and |
|
(2) a child from entering the viewing section of a |
|
racetrack unless accompanied by the child's parent or guardian. |
|
(b) The rules adopted under Subsection (a) may except any |
|
conduct described as an affirmative defense by Section 2033.017. |
|
(V.A.C.S. Art. 179e, Sec. 11.06.) |
|
Sec. 2027.102. UNLAWFUL WAGERING. (a) A person may not |
|
wager on the result of a horse or greyhound race in this state |
|
except as authorized by this subtitle. |
|
(b) A person other than a racetrack association may not |
|
accept from a Texas resident while the resident is in this state a |
|
wager on the result of a horse or greyhound race conducted inside or outside this state. (V.A.C.S. Art. 179e, Sec. 11.05.) |
|
|
|
CHAPTER 2028. PARI-MUTUEL POOLS, PURSES, AND FEES |
|
SUBCHAPTER A. COMMISSION OVERSIGHT OF PARI-MUTUEL RACING FUNDS |
|
Sec. 2028.001. ADOPTION OF REQUIREMENTS OR OTHER |
|
PERFORMANCE MEASURES |
|
Sec. 2028.002. INDEPENDENT AUDIT REPORT; RECORDS |
|
REVIEW |
|
Sec. 2028.003. SUSPENSION AND WITHHOLDING OF FUNDS |
|
SUBCHAPTER B. GENERAL DEDUCTIONS FROM LIVE PARI-MUTUEL POOL |
|
Sec. 2028.051. SET-ASIDE FROM LIVE PARI-MUTUEL POOL |
|
SUBCHAPTER C. DISPOSITION OF HORSE PARI-MUTUEL POOLS AND OTHER |
|
AMOUNTS RELATED TO HORSE RACING |
|
Sec. 2028.101. DEDUCTIONS FROM HORSE PARI-MUTUEL POOLS |
|
Sec. 2028.102. HORSE RACETRACK ASSOCIATION SET-ASIDES |
|
FOR PURSES; PURSE ACCOUNTS |
|
Sec. 2028.103. SET-ASIDE FOR TEXAS-BRED PROGRAM |
|
Sec. 2028.104. RACETRACK ASSOCIATION COMMISSION |
|
Sec. 2028.105. ALLOCATION OF BREAKAGE |
|
Sec. 2028.106. LIMITATION ON PURSE DEDUCTION |
|
Sec. 2028.107. LIMITATION ON INCENTIVES AWARDED TO |
|
CERTAIN HORSES |
|
SUBCHAPTER D. DISPOSITION OF GREYHOUND PARI-MUTUEL POOLS AND OTHER |
|
AMOUNTS RELATED TO GREYHOUND RACING |
|
Sec. 2028.151. APPLICATION OF SUBCHAPTER |
|
Sec. 2028.152. DISTRIBUTION OF PARI-MUTUEL POOL |
|
Sec. 2028.153. STATE FEE |
|
Sec. 2028.154. BREAKAGE |
|
Sec. 2028.155. ALLOCATION OF PURSE IN GREYHOUND RACES |
|
SUBCHAPTER E. DISTRIBUTION OF SIMULCAST PARI-MUTUEL POOLS |
|
Sec. 2028.201. RULES |
|
Sec. 2028.202. REQUIRED DISTRIBUTIONS |
|
Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST |
|
Sec. 2028.204. ALLOCATION OF ESCROWED PURSES |
|
Sec. 2028.205. ADDITIONAL ALLOCATIONS FOR CERTAIN |
|
RACETRACKS |
|
Sec. 2028.206. HOST FEE |
|
SUBCHAPTER F. COUNTY AND MUNICIPAL FEES |
|
Sec. 2028.251. ADMISSION FEES AUTHORIZED |
|
Sec. 2028.252. ADDITIONAL FEES FOR CERTAIN COUNTIES |
|
Sec. 2028.253. PROCEDURES FOR FEE COLLECTION |
|
Sec. 2028.254. OTHER FEES AND TAXES PROHIBITED |
|
CHAPTER 2028. PARI-MUTUEL POOLS, PURSES, AND FEES |
|
SUBCHAPTER A. COMMISSION OVERSIGHT OF PARI-MUTUEL RACING FUNDS |
|
Sec. 2028.001. ADOPTION OF REQUIREMENTS OR OTHER |
|
PERFORMANCE MEASURES. (a) For any organization that receives |
|
funds generated by live or simulcast pari-mutuel racing, the |
|
commission shall adopt reporting, monitoring, and auditing |
|
requirements or other appropriate performance measures for: |
|
(1) any funds distributed to or used by the |
|
organization; and |
|
(2) any function or service provided by the |
|
expenditure of the funds described by Subdivision (1). |
|
(b) The commission shall adopt the requirements or |
|
performance measures after consultation with the affected |
|
organization. In adopting the rules, the commission shall consider |
|
the concerns of the affected organization. (V.A.C.S. Art. 179e, |
|
Secs. 6.092(a), (b).) |
|
Sec. 2028.002. INDEPENDENT AUDIT REPORT; RECORDS REVIEW. |
|
(a) An organization that receives funds generated by live or |
|
simulcast pari-mutuel racing shall annually file with the |
|
commission a copy of an audit report prepared by an independent |
|
certified public accountant. The audit must include a verification |
|
of any performance report sent to or required by the commission. |
|
(b) The commission may review any record or book of an |
|
organization that submits an independent audit to the commission as |
|
the commission determines necessary to confirm or further |
|
investigate the findings of an audit or report. (V.A.C.S. Art. |
|
179e, Secs. 6.092(c), (d).) |
|
Sec. 2028.003. SUSPENSION AND WITHHOLDING OF FUNDS. The |
|
commission by rule may suspend or withhold funds from an |
|
organization: |
|
(1) that the commission determines has failed to |
|
comply with the requirements or performance measures adopted under |
|
Section 2028.001; or |
|
(2) for which material questions on the use of funds by |
|
the organization are raised following an independent audit or other |
|
report to the commission. (V.A.C.S. Art. 179e, Sec. 6.092(e).) |
|
SUBCHAPTER B. GENERAL DEDUCTIONS FROM LIVE PARI-MUTUEL POOL |
|
Sec. 2028.051. SET-ASIDE FROM LIVE PARI-MUTUEL POOL. A |
|
horse or greyhound racetrack association shall set aside for this |
|
state from each live pari-mutuel pool at the racetrack an amount |
|
equal to: |
|
(1) one percent of each live pari-mutuel pool from the |
|
total amount of all of the racetrack association's live pari-mutuel |
|
pools in a calendar year in excess of $100 million but less than |
|
$200 million; |
|
(2) two percent of each live pari-mutuel pool from the |
|
total amount of all of the racetrack association's live pari-mutuel |
|
pools in a calendar year in excess of $200 million but less than |
|
$300 million; |
|
(3) three percent of each live pari-mutuel pool from |
|
the total amount of all of the racetrack association's live |
|
pari-mutuel pools in a calendar year in excess of $300 million but |
|
less than $400 million; |
|
(4) four percent of each live pari-mutuel pool from |
|
the total amount of all of the racetrack association's live |
|
pari-mutuel pools in a calendar year in excess of $400 million but |
|
less than $500 million; and |
|
(5) five percent of each live pari-mutuel pool from |
|
the total amount of all of the racetrack association's live |
|
pari-mutuel pools in a calendar year in excess of $500 million. |
|
(V.A.C.S. Art. 179e, Sec. 6.093(b).) |
|
SUBCHAPTER C. DISPOSITION OF HORSE PARI-MUTUEL POOLS AND OTHER |
|
AMOUNTS RELATED TO HORSE RACING |
|
Sec. 2028.101. DEDUCTIONS FROM HORSE PARI-MUTUEL POOLS. |
|
(a) A horse racetrack association shall deduct an amount from each |
|
pari-mutuel pool to be distributed as provided by Sections |
|
2028.102, 2028.103, and 2028.104. |
|
(b) The total maximum deduction under Subsection (a) is: |
|
(1) 18 percent from a regular wagering pool; |
|
(2) 21 percent from a multiple two wagering pool; and |
|
(3) 25 percent from a multiple three wagering pool. |
|
(V.A.C.S. Art. 179e, Sec. 6.08(a).) |
|
Sec. 2028.102. HORSE RACETRACK ASSOCIATION SET-ASIDES FOR |
|
PURSES; PURSE ACCOUNTS. (a) A horse racetrack association shall |
|
set aside for purses an amount not less than: |
|
(1) for live pari-mutuel pools: |
|
(A) seven percent of a live regular wagering pool |
|
or live multiple two wagering pool; and |
|
(B) 8.5 percent of a live multiple three wagering |
|
pool; and |
|
(2) for simulcast pari-mutuel pools from the takeout |
|
of the sending track: |
|
(A) 38.8 percent of the regular wagering pool; |
|
(B) 33.3 percent of the multiple two wagering |
|
pool; and |
|
(C) 34 percent of the multiple three wagering |
|
pool. |
|
(b) If the cost of the simulcast signal exceeds five percent |
|
of the simulcast handle, the receiving horse racetrack association |
|
shall split the cost of the signal in excess of five percent evenly |
|
with the horsemen's organization by allocating that cost against |
|
the purse money derived from that simulcast signal. |
|
(c) The horse racetrack association shall: |
|
(1) transfer the amount set aside for purses from any |
|
live and simulcast pool; and |
|
(2) deposit the amounts in purse accounts maintained |
|
by breed by the horsemen's organization in one or more federally |
|
insured depositories. |
|
(d) Legal title to purse accounts is vested in the |
|
horsemen's organization. The horsemen's organization may contract |
|
with a horse racetrack association to manage and control the purse |
|
accounts and to make disbursements from the purse accounts: |
|
(1) to an owner whose horse won a purse; |
|
(2) to the horsemen's organization for the |
|
organization's expenses; or |
|
(3) for other disbursements as provided by contract |
|
between the horsemen's organization and the horse racetrack |
|
association. |
|
(e) A horse racetrack association may pay a portion of the |
|
revenue set aside under this section to an organization recognized |
|
under Section 2023.051, as provided by a contract approved by the |
|
commission. (V.A.C.S. Art. 179e, Sec. 6.08(b).) |
|
Sec. 2028.103. SET-ASIDE FOR TEXAS-BRED PROGRAM. (a) A |
|
horse racetrack association shall set aside for the Texas-bred |
|
program an amount equal to one percent of a live multiple two |
|
wagering pool and a live multiple three wagering pool. From the |
|
set-aside amounts: |
|
(1) two percent shall be set aside for purposes of |
|
Subchapter F, Chapter 88, Education Code; and |
|
(2) the remaining amount shall be allocated as |
|
follows: |
|
(A) 10 percent may be used by the appropriate |
|
state horse breed registry for administration; and |
|
(B) the remainder shall be used for awards. |
|
(b) The amount set aside under Subsection (a) is in addition |
|
to any money received from the breakage. |
|
(c) The commission shall adopt rules relating to the |
|
accounting, auditing, and distribution of all amounts set aside for |
|
the Texas-bred program under this subchapter. (V.A.C.S. Art. 179e, |
|
Secs. 6.08(d), (f), (g).) |
|
Sec. 2028.104. RACETRACK ASSOCIATION COMMISSION. After |
|
allocation of the amounts specified in Sections 2028.102 and |
|
2028.103, the horse racetrack association shall retain as the |
|
racetrack association's commission the remainder of the amount |
|
deducted under Section 2028.101 from a regular wagering pool, a |
|
multiple two wagering pool, or a multiple three wagering pool. |
|
(V.A.C.S. Art. 179e, Sec. 6.08(e).) |
|
Sec. 2028.105. ALLOCATION OF BREAKAGE. (a) A horse |
|
racetrack association shall allocate two percent of the breakage |
|
from a pari-mutuel pool for purposes of Subchapter F, Chapter 88, |
|
Education Code. The remaining 98 percent of the breakage |
|
constitutes "total breakage" and must be allocated as provided by |
|
Subsections (b), (c), and (d). |
|
(b) A horse racetrack association shall pay to the |
|
commission for use by the appropriate state horse breed registry, |
|
subject to commission rules, 10 percent of the total breakage from a |
|
live pari-mutuel pool or a simulcast pari-mutuel pool. The |
|
appropriate state horse breed registries are as follows: |
|
(1) the Texas Thoroughbred Breeders Association for |
|
Thoroughbred horses; |
|
(2) the Texas Quarter Horse Association for quarter |
|
horses; |
|
(3) the Texas Appaloosa Horse Club for Appaloosa |
|
horses; |
|
(4) the Texas Arabian Breeders Association for Arabian |
|
horses; and |
|
(5) the Texas Paint Horse Breeders Association for |
|
paint horses. |
|
(c) A horse racetrack association shall retain 10 percent of |
|
the total breakage from a live pari-mutuel pool or a simulcast |
|
pari-mutuel pool to be used in stakes races restricted to |
|
accredited Texas-bred horses. |
|
(d) The appropriate state horse breed registry shall pay the |
|
remaining 80 percent of the total breakage as follows: |
|
(1) 40 percent to the owners of the accredited |
|
Texas-bred horses that finish first, second, or third; |
|
(2) 40 percent to the breeders of accredited |
|
Texas-bred horses that finish first, second, or third; and |
|
(3) 20 percent to the owner of the stallion standing in |
|
this state at the time of conception whose Texas-bred get finish |
|
first, second, or third. |
|
(e) If a share of the breakage cannot be distributed to the |
|
person entitled to the share, the appropriate state horse breed |
|
registry shall retain that share. |
|
(f) For purposes of this section: |
|
(1) "Breeder" means a person who, according to the |
|
rules of the appropriate state horse breed registry, is the breeder |
|
of the accredited Texas-bred horse. |
|
(2) "Stallion owner" means a person who is owner of |
|
record, at the time of conception, of the stallion that sired the |
|
accredited Texas-bred horse. (V.A.C.S. Art. 179e, Secs. 6.08(h), |
|
(i), (j), (k) (part), (m).) |
|
Sec. 2028.106. LIMITATION ON PURSE DEDUCTION. (a) In this |
|
section, "horse owner" means a person who is owner of record of an |
|
accredited Texas-bred horse at the time of a race. |
|
(b) A horse racetrack association may not deduct or withhold |
|
any percentage of a purse from the account into which the purse paid |
|
to a horse owner is deposited for membership payments, dues, |
|
assessments, or any other payments to an organization except an |
|
organization chosen by the horse owner. (V.A.C.S. Art. 179e, Secs. |
|
6.08(k) (part), (l).) |
|
Sec. 2028.107. LIMITATION ON INCENTIVES AWARDED TO CERTAIN |
|
HORSES. An accredited Texas-bred Thoroughbred or Arabian horse |
|
described by Section 2021.003(50)(C) is eligible for one-half of |
|
the incentives awarded under Sections 2028.103(a) and |
|
2028.105(d)(2). The appropriate state horse breed registry shall |
|
retain the remaining portion for general distribution at the same |
|
meeting in accordance with Sections 2028.103(a) and 2028.105(d). |
|
(V.A.C.S. Art. 179e, Sec. 6.08(n).) |
|
SUBCHAPTER D. DISPOSITION OF GREYHOUND PARI-MUTUEL POOLS AND OTHER |
|
AMOUNTS RELATED TO GREYHOUND RACING |
|
Sec. 2028.151. APPLICATION OF SUBCHAPTER. The deductions |
|
and allocations made under this subchapter apply to live |
|
pari-mutuel pools. (V.A.C.S. Art. 179e, Sec. 6.09(e).) |
|
Sec. 2028.152. DISTRIBUTION OF PARI-MUTUEL POOL. Each |
|
greyhound racetrack association shall distribute all money |
|
deposited in any pari-mutuel pool to the winning ticket holders who |
|
present tickets for payment not later than the 60th day after the |
|
closing day of the greyhound race meeting at which the pool was |
|
formed less: |
|
(1) an amount paid as a commission of 18 percent of the |
|
total deposits in pools resulting from regular win, place, and show |
|
wagering; |
|
(2) an amount not to exceed 21 percent of the total |
|
deposits in pools resulting from multiple two wagering; and |
|
(3) an amount not to exceed 25 percent of the total |
|
deposits in pools resulting from multiple three wagering. |
|
(V.A.C.S. Art. 179e, Sec. 6.09(a).) |
|
Sec. 2028.153. STATE FEE. On each racing day, a greyhound |
|
racetrack association shall pay to the comptroller the fee due this |
|
state. (V.A.C.S. Art. 179e, Sec. 6.09(c).) |
|
Sec. 2028.154. BREAKAGE. (a) A greyhound racetrack |
|
association shall pay 50 percent of the breakage to the appropriate |
|
state greyhound breed registry. Of that breakage percentage: |
|
(1) 25 percent is to be used in stakes races; and |
|
(2) 25 percent of that total breakage from a live |
|
pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to |
|
the commission for use by the state greyhound breed registry, |
|
subject to commission rules. |
|
(b) The commission by rule shall require the state greyhound |
|
breed registry to award a grant, in an amount equal to two percent |
|
of the money paid under Subsection (a)(2), to a person for the |
|
rehabilitation of greyhounds or to locate homes for greyhounds. |
|
(V.A.C.S. Art. 179e, Secs. 6.09(d), (f).) |
|
Sec. 2028.155. ALLOCATION OF PURSE IN GREYHOUND RACES. (a) |
|
The purse in a greyhound race may not be less than 4.7 percent of the |
|
total deposited in each pari-mutuel pool. |
|
(b) Of the portion of a purse allocated to a greyhound: |
|
(1) 35 percent shall be paid directly to the greyhound |
|
owner; and |
|
(2) the balance shall be paid to the greyhound's |
|
contract kennel as provided by commission rules. (V.A.C.S. Art. |
|
179e, Sec. 6.11.) |
|
SUBCHAPTER E. DISTRIBUTION OF SIMULCAST PARI-MUTUEL POOLS |
|
Sec. 2028.201. RULES. The commission shall adopt rules |
|
relating to this subchapter and the oversight of the amounts |
|
allocated under Sections 2028.202(b) and (c). (V.A.C.S. Art. 179e, |
|
Sec. 6.091(j).) |
|
Sec. 2028.202. REQUIRED DISTRIBUTIONS. (a) A racetrack |
|
association shall distribute from the total amount deducted as |
|
provided by Sections 2028.101 and 2028.152 from each simulcast |
|
pari-mutuel pool and each simulcast cross-species pari-mutuel pool |
|
the following shares: |
|
(1) an amount equal to one percent of each simulcast |
|
pari-mutuel pool as the amount set aside for this state; |
|
(2) an amount equal to 1.25 percent of each simulcast |
|
cross-species pari-mutuel pool as the amount set aside for this |
|
state; |
|
(3) for a horse racetrack 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 2028.103; |
|
(4) for a greyhound racetrack 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 commission rules adopted to promote greyhound |
|
breeding in this state; and |
|
(5) the remainder as the amount set aside for purses, |
|
expenses, the sending track, and the receiving location under a |
|
contract approved by the commission between the sending track and |
|
the receiving location. |
|
(b) From the total amount deducted under Subsection (a), a |
|
greyhound racetrack association that receives an interstate |
|
cross-species simulcast signal shall distribute the following |
|
amounts from each pari-mutuel pool wagered on the signal at the |
|
racetrack: |
|
(1) a fee of 1.5 percent to be paid to the racetrack in |
|
this state sending the signal; |
|
(2) a purse in the amount of 0.75 percent to be paid to |
|
the official state horse 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 horse 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 |
|
commission for purses in the manner provided by Section 2028.204. |
|
(c) From the total amount deducted under Subsection (a), a |
|
horse racetrack association that receives an interstate |
|
cross-species simulcast signal shall distribute the following |
|
amounts from each pool wagered on the signal at the racetrack: |
|
(1) a fee of 1.5 percent to be paid to the racetrack in |
|
this state sending the signal; and |
|
(2) a purse in the amount of 5.5 percent to be paid to |
|
the official state greyhound breed registry for use at racetracks |
|
in this state. |
|
(d) The official state greyhound breed registry may use not |
|
more than 20 percent of the amount described by Subsection (c)(2) to |
|
administer that subsection. |
|
(e) A racetrack association offering wagering on an |
|
intrastate cross-species simulcast signal shall send the purse |
|
amount specified under Subsection (b)(4) or (c)(2), as appropriate, |
|
to the racetrack conducting the live race that is being simulcast. |
|
(V.A.C.S. Art. 179e, Secs. 6.091(a), (c), (d), (h).) |
|
Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST. If |
|
a racetrack association purchases an interstate simulcast signal |
|
and the signal cost exceeds five percent of the pari-mutuel pool, |
|
the commission, from the escrowed purse account under Section |
|
2028.202(b)(4), shall reimburse the racetrack association an |
|
amount equal to one-half of the signal cost that exceeds five |
|
percent of the pari-mutuel pool. (V.A.C.S. Art. 179e, Sec. |
|
6.091(g).) |
|
Sec. 2028.204. ALLOCATION OF ESCROWED PURSES. (a) A |
|
greyhound racetrack association shall deposit into an escrow |
|
account in the commission's registry the purse set aside under |
|
Section 2028.202(b)(4). |
|
(b) Any horse racetrack association in this state may apply |
|
to the commission for receipt of all or part of the escrowed purse |
|
account for use as purses. The commission shall determine the horse |
|
racetrack associations to be allocated money from the escrowed |
|
purse account and the percentages to be allocated, taking into |
|
consideration purse levels, racing opportunities, and the |
|
financial status of the requesting racetrack association. |
|
(V.A.C.S. Art. 179e, Sec. 6.091(e) (part).) |
|
Sec. 2028.205. ADDITIONAL ALLOCATIONS FOR CERTAIN |
|
RACETRACKS. (a) In addition to money allocated under Section |
|
2028.204, a horse racetrack association operating a racetrack that |
|
is located not more than 75 miles from a greyhound racetrack that |
|
offers wagering on a cross-species simulcast signal and that sends |
|
the cross-species simulcast signal to the greyhound racetrack may |
|
apply to the commission for an allocation of up to 20 percent of the |
|
money in the escrowed purse account that is attributable to the |
|
wagering on a cross-species simulcast signal at the greyhound |
|
racetrack. |
|
(b) If the applying horse racetrack association can prove to |
|
the commission's satisfaction that the racetrack association's |
|
handle has decreased directly due to wagering on an interstate |
|
cross-species simulcast signal at a greyhound racetrack located not |
|
more than 75 miles from the applying racetrack association, the |
|
commission shall allocate amounts from the escrowed purse account |
|
as the commission considers appropriate to compensate the racetrack |
|
association for the decrease. The amounts allocated may not exceed |
|
20 percent of the money in the escrowed purse account that is |
|
attributable to the wagering on the interstate cross-species |
|
simulcast signal at the greyhound racetrack. |
|
(c) Money allocated by the commission under this section may |
|
be used by the racetrack association for any purpose. (V.A.C.S. |
|
Art. 179e, Sec. 6.091(f).) |
|
Sec. 2028.206. HOST FEE. A racetrack association |
|
conducting a live race that is being simulcast may charge the |
|
receiving racetrack a host fee in addition to the amounts described |
|
in this subchapter. (V.A.C.S. Art. 179e, Sec. 6.091(i).) |
|
SUBCHAPTER F. COUNTY AND MUNICIPAL FEES |
|
Sec. 2028.251. ADMISSION FEES AUTHORIZED. (a) A |
|
commissioners court may collect a fee not to exceed 15 cents as an |
|
admission fee to a racetrack located in the county. |
|
(b) If the racetrack is located in a municipality, the |
|
governing body of the municipality may collect a fee not to exceed |
|
15 cents as an admission fee to the racetrack. |
|
(c) If the racetrack is not located in a municipality, the |
|
commissioners court may collect an additional fee not to exceed 15 |
|
cents as an admission fee to a racetrack located in the county for |
|
allocation among the municipalities in the county. |
|
(d) If the racetrack is not located in a municipality, the |
|
commissioners court on request of the governing bodies of a |
|
majority of the municipalities in the county shall collect the |
|
additional fee. Allocation of the fees must be based on the |
|
population of the municipalities in the county. (V.A.C.S. Art. |
|
179e, Sec. 6.17(a).) |
|
Sec. 2028.252. ADDITIONAL FEES FOR CERTAIN COUNTIES. If |
|
the racetrack is a class 1 racetrack, the commissioners court of |
|
each county with a population of not less than 1.3 million adjacent |
|
to the county in which the racetrack is located may each collect |
|
fees equal to the fees authorized by Section 2028.251. (V.A.C.S. |
|
Art. 179e, Sec. 6.17(b).) |
|
Sec. 2028.253. PROCEDURES FOR FEE COLLECTION. (a) A |
|
commissioners court by order may establish procedures for the |
|
collection of the fees under Section 2028.251. |
|
(b) The procedures may require a racetrack association to |
|
keep records and file the reports considered necessary by the |
|
commissioners court. (V.A.C.S. Art. 179e, Sec. 6.17(c).) |
|
Sec. 2028.254. OTHER FEES AND TAXES PROHIBITED. A county or |
|
municipality may not assess or collect any other license fee, |
|
privilege tax, excise tax, or racing fee on admissions to, or wagers placed at, a racetrack. (V.A.C.S. Art. 179e, Sec. 6.17(d).) |
|
|
|
CHAPTER 2029. ALLOCATION OF RACING DAYS |
|
SUBCHAPTER A. HORSE RACING |
|
Sec. 2029.001. ALLOCATION OF HORSE RACING DAYS; |
|
PROHIBITED RACING DAYS |
|
Sec. 2029.002. CHARITY DAYS |
|
Sec. 2029.003. ACCESS TO RACES |
|
SUBCHAPTER B. GREYHOUND RACING |
|
Sec. 2029.051. NUMBER OF GREYHOUND RACING DAYS |
|
Sec. 2029.052. CHARITY DAYS |
|
Sec. 2029.053. SUBSTITUTE RACING DAYS OR ADDITIONAL |
|
RACES |
|
CHAPTER 2029. ALLOCATION OF RACING DAYS |
|
SUBCHAPTER A. HORSE RACING |
|
Sec. 2029.001. ALLOCATION OF HORSE RACING DAYS; PROHIBITED |
|
RACING DAYS. (a) The commission shall allocate the live and |
|
simulcast horse racing days for the conduct of live and simulcast |
|
racing at each racetrack. |
|
(b) In allocating race dates under this section, the |
|
commission shall consider live race dates separately from simulcast |
|
race dates. |
|
(c) The commission may prohibit racing on Sunday unless the |
|
prohibition would conflict with another provision of this subtitle. |
|
(V.A.C.S. Art. 179e, Sec. 8.01 (part).) |
|
Sec. 2029.002. CHARITY DAYS. (a) The commission shall |
|
grant to each racetrack association additional horse racing days |
|
during a horse race meeting to be conducted as charity days. The |
|
commission shall grant to each class 1 racetrack and to each class 2 |
|
racetrack at least two and not more than five additional days. |
|
(b) Each class 1 and class 2 racetrack shall conduct charity |
|
race days in accordance with this section. |
|
(c) The commission shall ensure that races conducted by a |
|
racetrack association on a charity day are comparable in all |
|
respects, including the generation of revenue, to races conducted |
|
by that racetrack association on any other horse racing day. |
|
(d) The commission shall adopt rules relating to the conduct |
|
of charity days. (V.A.C.S. Art. 179e, Sec. 8.02.) |
|
Sec. 2029.003. ACCESS TO RACES. (a) Each racetrack shall |
|
provide reasonable access to races for all breeds of horses as |
|
determined by the racetrack association through negotiations with |
|
the representative state horse breed registry with the final |
|
approval of the commission. |
|
(b) In granting approval under Subsection (a), the |
|
commission shall consider: |
|
(1) the availability of competitive horses; |
|
(2) economic feasibility; and |
|
(3) public interest. (V.A.C.S. Art. 179e, Sec. 8.01 |
|
(part).) |
|
SUBCHAPTER B. GREYHOUND RACING |
|
Sec. 2029.051. NUMBER OF GREYHOUND RACING DAYS. A |
|
greyhound racetrack association is entitled to 300 evening |
|
performances and 150 matinee performances in a calendar year. |
|
(V.A.C.S. Art. 179e, Sec. 10.01 (part).) |
|
Sec. 2029.052. CHARITY DAYS. (a) The commission shall |
|
grant not less than five additional greyhound racing days during a |
|
greyhound race meeting to be conducted as charity days. |
|
(b) The commission shall ensure that races conducted by a |
|
racetrack association on a charity day are comparable in all |
|
respects, including the generation of revenue, to races conducted |
|
by that racetrack association on any other greyhound racing day. |
|
(c) The commission shall adopt rules relating to the conduct |
|
of charity days. (V.A.C.S. Art. 179e, Sec. 10.01 (part).) |
|
Sec. 2029.053. SUBSTITUTE RACING DAYS OR ADDITIONAL RACES. |
|
If, for a reason beyond a greyhound racetrack association's control |
|
and not caused by the racetrack association's fault or neglect, it |
|
is impossible for the racetrack association to conduct a race on a |
|
day authorized by the commission, the commission in its discretion |
|
and at the request of the racetrack association, as a substitute for |
|
the race, may: |
|
(1) specify another day for the racetrack association |
|
to conduct racing; or |
|
(2) add additional races to already programmed events. (V.A.C.S. Art. 179e, Sec. 10.02.) |
|
|
|
CHAPTER 2030. TEXAS-BRED HORSES AND GREYHOUNDS |
|
SUBCHAPTER A. TEXAS-BRED HORSES; BREED REGISTRIES; RACING |
|
Sec. 2030.001. QUALIFICATIONS OF ACCREDITED TEXAS-BRED |
|
HORSES |
|
Sec. 2030.002. STATE HORSE BREED REGISTRIES |
|
Sec. 2030.003. TEXAS-BRED RACES |
|
Sec. 2030.004. PURSE SUPPLEMENTS FOR TEXAS-BRED RACES |
|
Sec. 2030.005. EQUITABLE NUMBER OF RACES FOR EACH |
|
BREED |
|
Sec. 2030.006. EQUITABLE STABLING |
|
SUBCHAPTER B. TEXAS-BRED GREYHOUNDS |
|
Sec. 2030.051. QUALIFICATIONS OF TEXAS-BRED GREYHOUNDS |
|
Sec. 2030.052. STATE GREYHOUND BREED REGISTRY |
|
Sec. 2030.053. BREAKAGE DISTRIBUTIONS DUE STATE |
|
GREYHOUND BREED REGISTRY |
|
CHAPTER 2030. TEXAS-BRED HORSES AND GREYHOUNDS |
|
SUBCHAPTER A. TEXAS-BRED HORSES; BREED REGISTRIES; RACING |
|
Sec. 2030.001. QUALIFICATIONS OF ACCREDITED TEXAS-BRED |
|
HORSES. (a) Subject to this subtitle or commission rule, a state |
|
horse breed registry shall adopt reasonable rules to establish the |
|
qualifications of accredited Texas-bred horses to promote, |
|
develop, and improve the breeding of horses in this state. |
|
(b) Rules adopted under this section are subject to approval |
|
by the commission. (V.A.C.S. Art. 179e, Sec. 9.01.) |
|
Sec. 2030.002. STATE HORSE BREED REGISTRIES. (a) The |
|
officially designated state horse breed registries for accredited |
|
Texas-bred horses are: |
|
(1) the Texas Thoroughbred Breeders Association for |
|
Thoroughbred horses; |
|
(2) the Texas Quarter Horse Association for quarter |
|
horses; |
|
(3) the Texas Appaloosa Horse Club for Appaloosa |
|
horses; |
|
(4) the Texas Arabian Breeders Association for Arabian |
|
horses; and |
|
(5) the Texas Paint Horse Breeders Association for |
|
paint horses. |
|
(b) The appropriate state horse breed registry shall act in |
|
an advisory capacity to each racetrack association and to the |
|
commission for the purpose of administering Sections 2030.003 and |
|
2030.004. (V.A.C.S. Art. 179e, Secs. 9.02, 9.03(b) (part).) |
|
Sec. 2030.003. TEXAS-BRED RACES. (a) In this section, |
|
"Texas-bred race" means a race limited to accredited Texas-bred |
|
horses. |
|
(b) A racetrack association shall provide for the running of |
|
Texas-bred races. |
|
(c) Except as provided by Subsection (d), on each horse |
|
racing day, a racetrack association shall provide for the running |
|
of at least two Texas-bred races, including one race restricted to |
|
maidens. |
|
(d) In accordance with commission rule, a racetrack |
|
association may defer the running of one or both of the races |
|
required by Subsection (c) for each horse racing day if the |
|
racetrack association provides that the total number of accredited |
|
Texas-bred races in a horse race meeting is equal to twice the total |
|
number of horse racing days in the horse race meeting. (V.A.C.S. |
|
Art. 179e, Sec. 9.03(a) (part).) |
|
Sec. 2030.004. PURSE SUPPLEMENTS FOR TEXAS-BRED RACES. (a) |
|
In this section, "Texas-bred race" has the meaning assigned by |
|
Section 2030.003. |
|
(b) To encourage horse breeding in this state, an accredited |
|
Texas-bred horse finishing first, second, or third in a race in this |
|
state, except a restricted stakes race, is entitled to receive a |
|
purse supplement. |
|
(c) Funds for the purse supplements shall be derived from |
|
the breakage as provided by Subchapters C and E, Chapter 2028. |
|
(d) An accredited Texas-bred Thoroughbred horse that |
|
finishes first, second, or third in a race other than a Texas-bred |
|
race is entitled to receive an owner's bonus award as a purse |
|
supplement. Twenty-five percent of the Texas-bred program funds |
|
received under Subchapters C and E, Chapter 2028, excluding |
|
expenses for administration of the Texas-bred program, shall be |
|
allocated to fund the bonus awards. (V.A.C.S. Art. 179e, Secs. |
|
9.03(a) (part), (b) (part), (c) (part), 9.04.) |
|
Sec. 2030.005. EQUITABLE NUMBER OF RACES FOR EACH BREED. |
|
(a) A racetrack association that conducts a horse race meeting for |
|
more than one breed of horse at one racetrack shall provide that the |
|
number of races run by each breed on each day is equitable as |
|
determined by the commission under Section 2029.003. |
|
(b) The commission by rule or by order may allow an |
|
exception to Subsection (a) if an insufficient number of horses of a |
|
breed are available to provide sufficient competition. (V.A.C.S. |
|
Art. 179e, Sec. 9.05.) |
|
Sec. 2030.006. EQUITABLE STABLING. A racetrack association |
|
that conducts a horse race meeting for more than one breed of horse |
|
at one racetrack shall provide on-track stalls on an equitable |
|
basis as determined by the commission under Section 2029.003. |
|
(V.A.C.S. Art. 179e, Sec. 9.06.) |
|
SUBCHAPTER B. TEXAS-BRED GREYHOUNDS |
|
Sec. 2030.051. QUALIFICATIONS OF TEXAS-BRED GREYHOUNDS. |
|
(a) Subject to this subtitle or commission rule, the state |
|
greyhound breed registry shall adopt reasonable rules to establish |
|
the qualifications of accredited Texas-bred greyhounds to promote, |
|
develop, and improve the breeding of greyhounds in this state. |
|
(b) Rules adopted under this section are subject to approval |
|
by the commission. (V.A.C.S. Art. 179e, Sec. 10.04(a).) |
|
Sec. 2030.052. STATE GREYHOUND BREED REGISTRY. The |
|
officially designated state greyhound breed registry for |
|
accredited Texas-bred greyhounds is the Texas Greyhound |
|
Association. (V.A.C.S. Art. 179e, Sec. 10.05 (part).) |
|
Sec. 2030.053. BREAKAGE DISTRIBUTIONS DUE STATE GREYHOUND |
|
BREED REGISTRY. (a) The state greyhound breed registry shall adopt |
|
rules to provide for the use of breakage received by the registry |
|
under Section 2028.154(a). |
|
(b) A racetrack association shall pay the appropriate state |
|
greyhound breed registry at least every 30 days the breakage due to the breed registry. (V.A.C.S. Art. 179e, Sec. 10.05 (part).) |
|
|
|
CHAPTER 2031. TEXAS DERBIES |
|
Sec. 2031.001. ESTABLISHMENT OF TEXAS DERBIES |
|
Sec. 2031.002. RACE CONDITIONS, ENTRANCE |
|
QUALIFICATIONS, AND PREFERENCE SYSTEM |
|
Sec. 2031.003. PRERACE EXAMINATION |
|
Sec. 2031.004. TEXAS DERBY ESCROW PURSE FUND |
|
CHAPTER 2031. TEXAS DERBIES |
|
Sec. 2031.001. ESTABLISHMENT OF TEXAS DERBIES. (a) The |
|
commission shall establish as Texas Derbies the following annual |
|
stakes races: |
|
(1) one race open to three-year-old Thoroughbreds; |
|
(2) one race open only to three-year-old Texas-bred |
|
Thoroughbreds; |
|
(3) one race open to three-year-old quarter horses; |
|
and |
|
(4) one race open only to three-year-old Texas-bred |
|
quarter horses. |
|
(b) Each Texas Derby must be held annually on a date and at |
|
the class 1 racetrack determined by the commission. The commission |
|
shall determine the location of each Texas Derby in consultation |
|
with: |
|
(1) each class 1 racetrack; |
|
(2) the official state horse breed registries; and |
|
(3) the official horsemen's organization. |
|
(c) The commission may sell the right to name a Texas Derby. |
|
The 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 2031.004. (V.A.C.S. Art. 179e, Secs. |
|
9A.001(a), (e), (f).) |
|
Sec. 2031.002. RACE CONDITIONS, ENTRANCE QUALIFICATIONS, |
|
AND PREFERENCE SYSTEM. (a) For each Texas Derby, the race |
|
conditions, the entrance qualifications, and the preference system |
|
used to determine race finalists shall be developed by: |
|
(1) the racetrack that is awarded the derby, for a race |
|
described by Section 2031.001(a)(1) or (3); or |
|
(2) the respective official state horse breed |
|
registries and the official horsemen's organization, for a race |
|
described by Section 2031.001(a)(2) or (4). |
|
(b) The race conditions, the entrance qualifications, and |
|
the preference system developed under Subsection (a) are subject to |
|
review and approval by the executive director. (V.A.C.S. Art. |
|
179e, Secs. 9A.001(b), (c), (d).) |
|
Sec. 2031.003. PRERACE EXAMINATION. (a) For each Texas |
|
Derby, the commission shall appoint a state veterinarian to conduct |
|
a prerace examination of each horse entered in the race to determine |
|
whether the horse: |
|
(1) is healthy; and |
|
(2) meets standards set by commission rule for racing. |
|
(b) The examination may: |
|
(1) be conducted at any time before the race; and |
|
(2) include any procedure that the state veterinarian |
|
considers necessary to make the determination required by |
|
Subsection (a). (V.A.C.S. Art. 179e, Sec. 9A.002.) |
|
Sec. 2031.004. TEXAS DERBY ESCROW PURSE FUND. (a) The |
|
commission shall establish a Texas Derby escrow purse fund. |
|
(b) Notwithstanding Section 2023.053 or 2024.055 or any |
|
other law, the commission by rule shall determine a portion of the |
|
fees, charges, and other revenue collected under this subtitle to |
|
be deposited to the credit of the Texas Derby escrow purse fund in |
|
the amount reasonably necessary to maintain competitive purses for |
|
each Texas Derby. |
|
(c) The commission shall by rule establish a schedule of |
|
entrance fees for participants in each Texas Derby. A portion of |
|
each entrance fee, in the amount determined by the commission under |
|
Subsection (b), shall be deposited in the Texas Derby escrow purse |
|
fund. |
|
(d) The commission by rule may assess under this subtitle |
|
additional charges and fees, including gate fees, to supplement the |
|
funds otherwise deposited in the Texas Derby escrow purse fund |
|
under this section. |
|
(e) The commission may not: |
|
(1) use funds from the accredited Texas-bred program |
|
under Subchapter A, Chapter 2030, or the escrowed purse account |
|
under Section 2028.204 to fund the Texas Derby escrow purse fund; or |
|
(2) order a state horse breed registry to fund a purse |
|
for a Texas Derby, make contributions to the Texas Derby escrow |
|
purse fund, or pay the expenses of a Texas Derby race. |
|
(f) State revenue may not be deposited to the credit of the |
|
Texas Derby escrow purse fund except as provided by this section. (V.A.C.S. Art. 179e, Sec. 9A.003.) |
|
|
|
CHAPTER 2032. LIVESTOCK SHOWS, EXHIBITS, AND FAIRS |
|
Sec. 2032.001. COUNTY LIVESTOCK SHOWS AND EXHIBITS; |
|
COUNTY RIGHTS |
|
Sec. 2032.002. COUNTIES HOLDING CERTAIN RACETRACK |
|
LICENSES |
|
Sec. 2032.003. PUBLIC FAIRS AND LIVESTOCK EXHIBITIONS |
|
CHAPTER 2032. LIVESTOCK SHOWS, EXHIBITS, AND FAIRS |
|
Sec. 2032.001. COUNTY LIVESTOCK SHOWS AND EXHIBITS; COUNTY |
|
RIGHTS. (a) Subject to the licensing requirements and other |
|
provisions of this subtitle, a county may conduct an annual race |
|
meeting, not to exceed 16 racing days, in connection with a |
|
livestock show or exhibit held under Chapter 319, Local Government |
|
Code. |
|
(b) An agent qualified to hold a license under this subtitle |
|
and selected by the commissioners court under Section 319.004, |
|
Local Government Code, may conduct the race meeting. |
|
(c) This subtitle does not prohibit a county from exercising |
|
any right otherwise granted to any person by this subtitle. |
|
(V.A.C.S. Art. 179e, Sec. 12.01.) |
|
Sec. 2032.002. COUNTIES HOLDING CERTAIN RACETRACK |
|
LICENSES. (a) A county that holds a class 4 racetrack license may |
|
conduct an annual race meeting not to exceed five racing days in |
|
connection with a livestock show or exhibit held under Chapter 319, |
|
Local Government Code. A racing day of the annual race meeting must |
|
be conducted on a day when general fair activities are conducted. |
|
(b) A county that holds a class 4 racetrack license may |
|
contract with an agent to conduct any portion of a race meeting. |
|
The agent must hold a license issued under this subtitle that is |
|
appropriate for the service the agent provides. (V.A.C.S. |
|
Art. 179e, Sec. 12.03.) |
|
Sec. 2032.003. PUBLIC FAIRS AND LIVESTOCK EXHIBITIONS. |
|
Subject to the licensing requirements and other provisions of this |
|
subtitle, a nonprofit corporation may conduct a race meeting, not |
|
to exceed 16 racing days, for the purpose of encouraging |
|
agriculture through the operation of public fairs and livestock exhibitions. (V.A.C.S. Art. 179e, Sec. 12.02.) |
|
|
|
CHAPTER 2033. CRIMINAL AND ADMINISTRATIVE PENALTIES; DISCIPLINARY |
|
POWERS |
|
SUBCHAPTER A. CRIMINAL PENALTIES AND PROCEDURES |
|
Sec. 2033.001. GENERAL CRIMINAL PENALTY |
|
Sec. 2033.002. UNLAWFUL RACING |
|
Sec. 2033.003. PARI-MUTUEL WAGERING WITHOUT LICENSE |
|
Sec. 2033.004. RACING WITHOUT LICENSE |
|
Sec. 2033.005. IMPERSONATING LICENSE HOLDER |
|
Sec. 2033.006. UNLAWFUL POSSESSION OR USE OF |
|
CREDENTIAL |
|
Sec. 2033.007. FAILURE TO DISPLAY CREDENTIAL |
|
Sec. 2033.008. RACES CONDUCTED ON CERTAIN INDIAN LANDS |
|
Sec. 2033.009. ILLEGAL ACCESS TO ENCLOSURE |
|
Sec. 2033.010. HINDERING ENTRY OR SEARCH |
|
Sec. 2033.011. FORGING PARI-MUTUEL TICKET |
|
Sec. 2033.012. FALSE STATEMENTS |
|
Sec. 2033.013. TOUTING |
|
Sec. 2033.014. BRIBERY AND CORRUPT INFLUENCE |
|
Sec. 2033.015. POSSESSION OR USE OF PROHIBITED DEVICE |
|
OR SUBSTANCE |
|
Sec. 2033.016. CRIMINAL CONFLICT OF INTEREST |
|
Sec. 2033.017. OFFENSE INVOLVING MINOR |
|
Sec. 2033.018. SEARCH AND SEIZURE |
|
Sec. 2033.019. PROSECUTION |
|
Sec. 2033.020. VENUE FOR PROSECUTION |
|
Sec. 2033.021. COMMISSION AUTHORITY |
|
SUBCHAPTER B. ADMINISTRATIVE PENALTY |
|
Sec. 2033.051. IMPOSITION OF PENALTY |
|
Sec. 2033.052. AMOUNT OF PENALTY |
|
Sec. 2033.053. PRELIMINARY REPORT AND NOTICE OF |
|
VIOLATION AND PENALTY |
|
Sec. 2033.054. PENALTY TO BE PAID OR HEARING REQUESTED |
|
Sec. 2033.055. HEARING |
|
Sec. 2033.056. OPTIONS FOLLOWING DECISION: PAY OR |
|
APPEAL |
|
Sec. 2033.057. COMPLAINTS |
|
SUBCHAPTER C. CEASE AND DESIST ORDERS |
|
Sec. 2033.101. CEASE AND DESIST ORDER |
|
Sec. 2033.102. HEARING CONCERNING PROPOSED CEASE AND |
|
DESIST ORDER; FINAL ORDER |
|
Sec. 2033.103. PETITION FOR JUDICIAL REVIEW OF CEASE |
|
AND DESIST ORDER |
|
Sec. 2033.104. EMERGENCY CEASE AND DESIST ORDER |
|
Sec. 2033.105. HEARING CONCERNING EMERGENCY CEASE AND |
|
DESIST ORDER; FINAL ORDER |
|
Sec. 2033.106. VIOLATION OF FINAL CEASE AND DESIST |
|
ORDER |
|
SUBCHAPTER D. OTHER DISCIPLINARY POWERS |
|
Sec. 2033.151. DISCIPLINARY ACTIONS |
|
Sec. 2033.152. HEARING CONCERNING SUSPENSION, |
|
REVOCATION, OR REFUSAL TO RENEW |
|
LICENSE |
|
Sec. 2033.153. INJUNCTION |
|
Sec. 2033.154. ENFORCEMENT REGARDING HORSEMEN'S |
|
ACCOUNT |
|
CHAPTER 2033. CRIMINAL AND ADMINISTRATIVE PENALTIES; DISCIPLINARY |
|
POWERS |
|
SUBCHAPTER A. CRIMINAL PENALTIES AND PROCEDURES |
|
Sec. 2033.001. GENERAL CRIMINAL PENALTY. If a provision of |
|
this subtitle creates an offense without providing a specific |
|
penalty, a person who violates that provision commits a state jail |
|
felony. (V.A.C.S. Art. 179e, Sec. 15.01.) |
|
Sec. 2033.002. UNLAWFUL RACING. A person commits an |
|
offense if: |
|
(1) the person participates in, permits, or conducts a |
|
horse or greyhound race at a racetrack; |
|
(2) the person wagers on the partial or final outcome |
|
of the horse or greyhound race or knows or reasonably should know |
|
that another person is betting on the partial or final outcome of |
|
the race; and |
|
(3) the race is not part of a performance or race |
|
meeting conducted under this subtitle or commission rule. (V.A.C.S. |
|
Art. 179e, Sec. 14.14.) |
|
Sec. 2033.003. PARI-MUTUEL WAGERING WITHOUT LICENSE. |
|
(a) A person commits an offense if, without a license, the person |
|
in any capacity participates or is otherwise involved in horse |
|
racing or greyhound racing with pari-mutuel wagering. |
|
(b) An offense under Subsection (a) is a Class A |
|
misdemeanor, unless the actor was required by this subtitle to |
|
obtain a racetrack license, in which event the offense is a state |
|
jail felony. |
|
(c) It is an affirmative defense to prosecution under |
|
Subsection (a) that the actor was a spectator or a person placing a |
|
wager. (V.A.C.S. Art. 179e, Sec. 14.15.) |
|
Sec. 2033.004. RACING WITHOUT LICENSE. (a) A person |
|
commits an offense if the person: |
|
(1) conducts a horse or greyhound race without a |
|
racetrack license; and |
|
(2) knows or reasonably should know that another |
|
person is betting on the final or partial outcome of the race. |
|
(b) An offense under this section is a felony of the third |
|
degree. (V.A.C.S. Art. 179e, Sec. 14.16.) |
|
Sec. 2033.005. IMPERSONATING LICENSE HOLDER. (a) A person |
|
commits an offense if the person impersonates a license holder with |
|
the intent to induce another person to submit to the actor's |
|
purported authority as a license holder or to rely on the actor's |
|
actions as an alleged license holder. |
|
(b) An offense under this section is a Class A misdemeanor. |
|
(V.A.C.S. Art. 179e, Sec. 14.09.) |
|
Sec. 2033.006. UNLAWFUL POSSESSION OR USE OF CREDENTIAL. |
|
(a) A person commits an offense if the person knowingly possesses |
|
or displays a credential or false credential that identifies the |
|
person as the holder of the credential and the person knows that: |
|
(1) the credential is not issued to the person; or |
|
(2) the person is not a license holder. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
(V.A.C.S. Art. 179e, Sec. 14.02.) |
|
Sec. 2033.007. FAILURE TO DISPLAY CREDENTIAL. (a) For |
|
purposes of this section, a request is lawful if it is made: |
|
(1) at any time by: |
|
(A) the commission; |
|
(B) an authorized commission agent; |
|
(C) the director or a commissioned officer of the |
|
Department of Public Safety; |
|
(D) a peace officer; or |
|
(E) a steward or judge; and |
|
(2) at any restricted location that is at a racetrack |
|
and is not a public place. |
|
(b) A person commits an offense if, after a lawful request, |
|
the person knowingly fails or refuses to: |
|
(1) display a credential to another person; or |
|
(2) give the person's name, residence address, or date |
|
of birth to another person. |
|
(c) Except as provided by Subsection (d), an offense under |
|
this section is a Class B misdemeanor. |
|
(d) At the punishment stage of a trial for an offense under |
|
Subsection (b)(1), the defendant may raise an issue as to whether |
|
the defendant was a license holder at the time of the offense. If |
|
the defendant proves the issue, the offense is a Class C |
|
misdemeanor. (V.A.C.S. Art. 179e, Sec. 14.17.) |
|
Sec. 2033.008. RACES CONDUCTED ON CERTAIN INDIAN LANDS. |
|
(a) A person commits an offense if the person knowingly wagers on |
|
the result of a horse or greyhound 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 |
|
commission under rules adopted under this subtitle. |
|
(b) An offense under this section is a felony of the third |
|
degree. |
|
(c) It is an exception to the application of this section |
|
that the person is a member of a recognized Texas Indian tribe who |
|
lives on a reservation or on trust lands located in this state. |
|
(V.A.C.S. Art. 179e, Sec. 14.05.) |
|
Sec. 2033.009. ILLEGAL ACCESS TO ENCLOSURE. (a) A person |
|
commits an offense if the person is a license holder and the person |
|
knowingly 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 |
|
subtitle; or |
|
(4) is excluded by the commission from entering a |
|
racetrack. |
|
(b) An offense under this section is a Class B misdemeanor. |
|
(V.A.C.S. Art. 179e, Sec. 14.04.) |
|
Sec. 2033.010. HINDERING ENTRY OR SEARCH. (a) A person |
|
commits an offense if the person with criminal negligence refuses, |
|
denies, or hinders entry to another person who is exercising or |
|
attempting to exercise a power of entry under this subtitle or a |
|
commission rule. |
|
(b) A person commits an offense if the person with criminal |
|
negligence refuses, denies, hinders, interrupts, disrupts, |
|
impedes, or otherwise interferes with a search by a person who is |
|
exercising or attempting to exercise a power to search under this |
|
subtitle or a commission rule. |
|
(c) An offense under this section is a Class B misdemeanor. |
|
(V.A.C.S. Art. 179e, Sec. 14.07.) |
|
Sec. 2033.011. FORGING PARI-MUTUEL TICKET. (a) In this |
|
section, "forge" has the meaning assigned by Section 32.21, Penal |
|
Code. |
|
(b) A person commits an offense if the person knowingly |
|
forges a pari-mutuel ticket with the intent to defraud or harm |
|
another person. |
|
(c) An offense under this section is a felony of the third |
|
degree. (V.A.C.S. Art. 179e, Sec. 14.08.) |
|
Sec. 2033.012. FALSE STATEMENTS. (a) In this section, |
|
"statement" means a representation of fact, including: |
|
(1) a written or oral statement; or |
|
(2) a sworn or unsworn statement. |
|
(b) A person commits an offense if the person knowingly |
|
makes a material and false, incorrect, or deceptive statement to |
|
another person who is conducting an investigation or exercising |
|
discretion under this subtitle or a rule adopted under this |
|
subtitle. |
|
(c) An offense under this section is a state jail felony |
|
unless the statement was material in a commission action relating |
|
to a racetrack license, in which event the offense is a felony of |
|
the third degree. (V.A.C.S. Art. 179e, Sec. 14.06.) |
|
Sec. 2033.013. TOUTING. (a) A person commits an offense |
|
if, with an intent to deceive and an intent to obtain a benefit, the |
|
person knowingly: |
|
(1) makes a false statement about a horse or greyhound |
|
race to another person; or |
|
(2) offers, agrees to convey, or conveys false |
|
information about a horse or greyhound race to another person. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is a Class A misdemeanor. |
|
(c) An offense under this section is a state jail felony if: |
|
(1) the actor: |
|
(A) is a license holder under this subtitle or a |
|
commission member or employee; and |
|
(B) knowingly represents that a commission |
|
member or employee or a person licensed by the commission is the |
|
source of the false information; or |
|
(2) the false statement or information was contained |
|
in racing selection information provided to the public. (V.A.C.S. |
|
Art. 179e, Sec. 14.01.) |
|
Sec. 2033.014. BRIBERY AND CORRUPT INFLUENCE. (a) A person |
|
commits an offense if, with the intent to influence or affect the |
|
outcome of a race in a manner contrary to this subtitle or a |
|
commission rule, the person offers, confers, or agrees to confer on |
|
another person, or solicits, accepts, or agrees to accept from |
|
another person, any benefit as consideration for the actions of a |
|
person who receives the benefit relating to the conduct, decision, |
|
opinion, recommendation, vote, or exercise of discretion as a |
|
license holder or other person associated with or interested in any |
|
stable, kennel, horse, greyhound, or horse or greyhound race. |
|
(b) An offense under this section is a state jail felony |
|
unless the recipient of the benefit is a steward, judge, or other |
|
racetrack official exercising authority over a horse or greyhound |
|
race that the person providing or offering the benefit intended to |
|
influence, in which event the offense is a felony of the third |
|
degree. (V.A.C.S. Art. 179e, Sec. 14.11.) |
|
Sec. 2033.015. POSSESSION OR USE OF PROHIBITED DEVICE OR |
|
SUBSTANCE. (a) A person commits an offense if the person possesses |
|
a prohibited device or prohibited substance at a racetrack, in an |
|
enclosure, or at a training facility. |
|
(b) A person commits an offense if, with the intent to |
|
influence or affect a horse or greyhound race in a manner contrary |
|
to this subtitle or a commission rule, the person uses or offers to |
|
use: |
|
(1) a prohibited device; or |
|
(2) a prohibited substance. |
|
(c) An offense under Subsection (a) is a Class A misdemeanor |
|
unless the actor possessed the prohibited device or prohibited |
|
substance with the intent to influence or affect the outcome of a |
|
horse or greyhound race in a manner contrary to this subtitle or a |
|
commission rule, in which event the offense is a state jail felony. |
|
(d) An offense under Subsection (b) is a felony of the third |
|
degree. (V.A.C.S. Art. 179e, Sec. 14.10.) |
|
Sec. 2033.016. CRIMINAL CONFLICT OF INTEREST. A person who |
|
is a commission member commits an offense if the person: |
|
(1) accepts, directly or indirectly, employment or |
|
remuneration from a racetrack, racetrack association, or other |
|
license holder, including a racetrack, racetrack association, or |
|
license holder 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. (V.A.C.S. |
|
Art. 179e, Sec. 14.12.) |
|
Sec. 2033.017. OFFENSE INVOLVING MINOR. (a) A person |
|
commits an offense if the person with criminal negligence permits, |
|
facilitates, or allows: |
|
(1) wagering by a minor at a racetrack; or |
|
(2) entry by a child to the viewing section of a |
|
racetrack. |
|
(b) A person commits an offense if the person is a minor and |
|
knowingly engages in wagering at a racetrack. |
|
(c) An offense under Subsection (a) is a Class B |
|
misdemeanor. |
|
(d) An offense under Subsection (b) is a Class C |
|
misdemeanor. |
|
(e) It is an affirmative defense to prosecution of an |
|
offense under Subsection (a)(2) that a child was accompanied by and |
|
was in the physical presence of a parent, guardian, or spouse who |
|
was 21 years of age or older. |
|
(f) It is an affirmative defense to prosecution of an |
|
offense under Subsection (a) that the minor falsely represented the |
|
minor's age by displaying to the person an apparently valid Texas |
|
driver's license or identification card issued by the Department of |
|
Public Safety that contains a physical description consistent with |
|
the minor's appearance. (V.A.C.S. Art. 179e, Sec. 14.13.) |
|
Sec. 2033.018. SEARCH AND SEIZURE. (a) A person consents |
|
to a search for a prohibited device, prohibited substance, or other |
|
contraband at a time and location described by Subsection (b) if the |
|
person: |
|
(1) accepts a license or other credential issued under |
|
this subtitle; or |
|
(2) enters a racetrack under the authority of a |
|
license or other credential alleged to have been issued under this |
|
subtitle. |
|
(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 commission, at any time and at any |
|
location at a racetrack, except a location: |
|
(1) excluded by commission rule from searches under |
|
this section; or |
|
(2) provided by a racetrack association under |
|
commission rule for private storage of personal items belonging to |
|
a license holder entering a racetrack. |
|
(c) A person conducting a search under Subsection (b) may |
|
seize a prohibited device, prohibited substance, or other |
|
contraband discovered during the search. (V.A.C.S. Art. 179e, Sec. |
|
14.18.) |
|
Sec. 2033.019. PROSECUTION. A person subject to |
|
prosecution for an offense under this subtitle and another law may |
|
be prosecuted under either law. (V.A.C.S. Art. 179e, Sec. 14.19.) |
|
Sec. 2033.020. VENUE FOR PROSECUTION. Venue for the |
|
prosecution of an offense under this subtitle is in Travis County or |
|
in a county in which an element of the offense occurred. (V.A.C.S. |
|
Art. 179e, Sec. 14.21.) |
|
Sec. 2033.021. COMMISSION AUTHORITY. This subchapter does |
|
not restrict the commission's administrative authority to enforce |
|
this subtitle or commission rules to the fullest extent authorized |
|
by this subtitle. (V.A.C.S. Art. 179e, Sec. 14.20.) |
|
SUBCHAPTER B. ADMINISTRATIVE PENALTY |
|
Sec. 2033.051. IMPOSITION OF PENALTY. If the commission |
|
determines that a person regulated under this subtitle has violated |
|
this subtitle or a rule or order adopted under this subtitle in a |
|
manner that constitutes a ground for a disciplinary action under |
|
this subtitle, the commission may assess an administrative penalty |
|
against that person as provided by this subchapter. (V.A.C.S. Art. |
|
179e, Sec. 15.03(a).) |
|
Sec. 2033.052. AMOUNT OF PENALTY. (a) The commission may |
|
assess an administrative penalty under this subchapter in an amount |
|
not to exceed $10,000 for each violation. |
|
(b) In determining the amount of the penalty, the commission |
|
shall consider the seriousness of the violation. (V.A.C.S. Art. |
|
179e, Sec. 15.03(b).) |
|
Sec. 2033.053. PRELIMINARY REPORT AND NOTICE OF VIOLATION |
|
AND PENALTY. (a) If, after examination of a possible violation and |
|
the facts relating to that possible violation, the commission |
|
determines that a violation has occurred, the commission shall |
|
issue a preliminary report that states: |
|
(1) the facts on which the conclusion is based; |
|
(2) the fact that an administrative penalty is to be |
|
imposed; and |
|
(3) the amount of the penalty to be assessed. |
|
(b) Not later than the 10th day after the date on which the |
|
commission issues the preliminary report, the commission shall send |
|
a copy of the report to the person charged with the violation, |
|
together with a statement of the right of the person to a hearing |
|
relating to the alleged violation and the amount of the penalty. |
|
(V.A.C.S. Art. 179e, Sec. 15.03(c).) |
|
Sec. 2033.054. PENALTY TO BE PAID OR HEARING REQUESTED. (a) |
|
Not later than the 20th day after the date on which the commission |
|
sends the preliminary report under Section 2033.053, the person |
|
charged may: |
|
(1) make a written request for a hearing; or |
|
(2) remit the amount of the administrative penalty to |
|
the commission. |
|
(b) Failure to request a hearing or to remit the amount of |
|
the administrative penalty in the period provided under this |
|
section results in a waiver of a right to a hearing under this |
|
subtitle. (V.A.C.S. Art. 179e, Sec. 15.03(d) (part).) |
|
Sec. 2033.055. HEARING. (a) If the person charged requests |
|
a hearing, the hearing shall be conducted in the manner provided for |
|
a contested case hearing under Chapter 2001, Government Code. |
|
(b) If it is determined after the hearing that the person |
|
has committed the alleged violation, the commission shall: |
|
(1) provide written notice to the person of the |
|
findings established by the hearing and the amount of the penalty; |
|
and |
|
(2) enter an order requiring the person to pay the |
|
penalty. (V.A.C.S. Art. 179e, Sec. 15.03(d) (part).) |
|
Sec. 2033.056. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
(a) Not later than the 30th day after the date on which the notice |
|
required under Section 2033.055 is received, the person charged |
|
shall pay the administrative penalty in full or exercise the right |
|
to appeal either the amount of the penalty or the fact of the |
|
violation. |
|
(b) If a person exercises a right of appeal either as to the |
|
amount of the penalty or the fact of the violation, the amount of |
|
the penalty is not required to be paid until the 30th day after the |
|
date on which all appeals have been exhausted and the commission's |
|
decision has been upheld. |
|
(c) Except as otherwise provided by Section 2024.053(c), |
|
all administrative appeals are to the commission and then to the |
|
courts. (V.A.C.S. Art. 179e, Secs. 4.05(b) (part), 15.03(e).) |
|
Sec. 2033.057. COMPLAINTS. (a) A complaint alleging a |
|
violation of this subtitle may be instituted by the Department of |
|
Public Safety, the commission, or the attorney general. |
|
(b) The complaint must be decided by the commission under |
|
the contested case provisions of Chapter 2001, Government Code. |
|
(V.A.C.S. Art. 179e, Sec. 15.04.) |
|
SUBCHAPTER C. CEASE AND DESIST ORDERS |
|
Sec. 2033.101. CEASE AND DESIST ORDER. (a) The executive |
|
director may issue a cease and desist order if the executive |
|
director reasonably believes a racetrack association or other |
|
license holder is engaging or is likely to engage in conduct that |
|
violates this subtitle or a commission rule. |
|
(b) On issuance of a cease and desist order, the executive |
|
director shall serve a proposed cease and desist order on the |
|
racetrack association or other license holder by personal delivery |
|
or registered or certified mail, return receipt requested, to the |
|
person's last known address. |
|
(c) The proposed order must state the specific acts or |
|
practices alleged to violate this subtitle or a commission rule. |
|
The proposed order must state the effective date, which may not be |
|
earlier than the 21st day after the date the proposed order is |
|
mailed or delivered. (V.A.C.S. Art. 179e, Secs. 3.18(a), (b) |
|
(part).) |
|
Sec. 2033.102. HEARING CONCERNING PROPOSED CEASE AND DESIST |
|
ORDER; FINAL ORDER. (a) If the person against whom a proposed |
|
cease and desist order is directed requests, in writing, a hearing |
|
before the effective date of the proposed order, the order is |
|
automatically stayed pending final adjudication of the order. |
|
Unless the person against whom the proposed order is directed |
|
requests, in writing, a hearing before the effective date of the |
|
proposed order, the order takes effect and is final and |
|
nonappealable as to that person. |
|
(b) On receiving a request for a hearing, the executive |
|
director shall serve notice of the time and place of the hearing by |
|
personal delivery or registered or certified mail, return receipt |
|
requested. |
|
(c) At a hearing, the commission has the burden of proof and |
|
must present evidence in support of the order. Each person against |
|
whom the order is directed may cross-examine and show cause why the |
|
order should not be issued. |
|
(d) After the hearing, the commission shall issue or decline |
|
to issue a cease and desist order. The proposed order may be |
|
modified as necessary to conform to the findings at the hearing. An |
|
order issued under this section is final for purposes of |
|
enforcement and appeal and must require the person to immediately |
|
cease and desist from the conduct that violates this subtitle or a |
|
commission rule. (V.A.C.S. Art. 179e, Secs. 3.18(b) (part), (c), |
|
(d).) |
|
Sec. 2033.103. PETITION FOR JUDICIAL REVIEW OF CEASE AND |
|
DESIST ORDER. (a) A person affected by a cease and desist order |
|
issued, affirmed, or modified after a hearing under Section |
|
2033.102 may file a petition for judicial review in a district court |
|
of Travis County under Chapter 2001, Government Code. |
|
(b) A petition for judicial review does not stay or vacate |
|
the cease and desist order unless the court, after hearing, |
|
specifically stays or vacates the order. (V.A.C.S. Art. 179e, Sec. |
|
3.18(e).) |
|
Sec. 2033.104. EMERGENCY CEASE AND DESIST ORDER. (a) The |
|
executive director may issue an emergency cease and desist order if |
|
the executive director reasonably believes a racetrack association |
|
or other license holder is engaged in a continuing activity that |
|
violates this subtitle or a commission rule in a manner that |
|
threatens immediate and irreparable public harm. |
|
(b) After issuing an emergency cease and desist order, the |
|
executive director shall serve on the racetrack association or |
|
other license holder 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 immediately to cease and desist from the conduct that |
|
violates this subtitle or a commission rule. The order must contain |
|
a notice that a request for hearing may be filed under this section. |
|
(V.A.C.S. Art. 179e, Secs. 3.19(a), (b).) |
|
Sec. 2033.105. HEARING CONCERNING EMERGENCY CEASE AND |
|
DESIST ORDER; FINAL ORDER. (a) A racetrack association or other |
|
license holder that is the subject of an emergency cease and desist |
|
order may request a hearing. The request must: |
|
(1) be filed with the executive director not later |
|
than the 10th day after the date the order was received or |
|
delivered; |
|
(2) be in writing and directed to the executive |
|
director; and |
|
(3) state the grounds for the request to set aside or |
|
modify the order. |
|
(b) 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 that person. |
|
(c) On receiving a request for a hearing, the executive |
|
director 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 receives the request for a |
|
hearing unless the parties agree to a later hearing date. |
|
(d) At the hearing, the 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 conducted under this |
|
section. |
|
(e) An emergency cease and desist order continues in effect |
|
unless the order is stayed by the executive director. The executive |
|
director may impose any condition before granting a stay of the |
|
order. |
|
(f) After the hearing, the executive director shall affirm, |
|
modify, or set aside, wholly or partly, 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. |
|
(V.A.C.S. Art. 179e, Secs. 3.19(c), (d), (e), (f).) |
|
Sec. 2033.106. VIOLATION OF FINAL CEASE AND DESIST ORDER. |
|
(a) If the executive director reasonably believes that a person has |
|
violated a final and enforceable cease and desist order, the |
|
executive director may: |
|
(1) initiate administrative penalty proceedings under |
|
Subchapter B; |
|
(2) refer the matter to the attorney general for |
|
enforcement by injunction and any other available remedy; or |
|
(3) pursue any other action that the executive |
|
director considers appropriate, including suspension of the |
|
person's license. |
|
(b) If the attorney general prevails in an action brought |
|
under Subsection (a)(2), the attorney general is entitled to |
|
recover reasonable attorney's fees. (V.A.C.S. Art. 179e, Sec. |
|
3.20.) |
|
SUBCHAPTER D. OTHER DISCIPLINARY POWERS |
|
Sec. 2033.151. DISCIPLINARY ACTIONS. (a) The commission |
|
shall revoke, suspend, or refuse to renew a license, place on |
|
probation a person whose license has been suspended, or reprimand a |
|
license holder for a violation of this subtitle or a commission |
|
rule. |
|
(b) If a license suspension is probated, the commission may |
|
require the license holder to report regularly to the commission on |
|
matters that are the basis of the probation. (V.A.C.S. Art. 179e, |
|
Sec. 3.14.) |
|
Sec. 2033.152. HEARING CONCERNING SUSPENSION, REVOCATION, |
|
OR REFUSAL TO RENEW LICENSE. (a) If the commission proposes to |
|
suspend, revoke, or refuse to renew a person's license, the person |
|
is entitled to a hearing conducted by the State Office of |
|
Administrative Hearings. |
|
(b) Proceedings for a disciplinary action, other than those |
|
conducted by a steward or judge, are governed by Chapter 2001, |
|
Government Code. |
|
(c) Rules of practice adopted by the commission under |
|
Section 2001.004, Government Code, applicable to the proceedings |
|
for a disciplinary action, other than those conducted by a steward |
|
or judge, may not conflict with rules adopted by the State Office of |
|
Administrative Hearings. (V.A.C.S. Art. 179e, Sec. 3.15.) |
|
Sec. 2033.153. INJUNCTION. The commission may institute an |
|
action in its own name to enjoin the violation of this subtitle. An |
|
action for an injunction is in addition to any other action, |
|
proceeding, or remedy authorized by law. (V.A.C.S. Art. 179e, Sec. |
|
3.21.) |
|
Sec. 2033.154. ENFORCEMENT REGARDING HORSEMEN'S ACCOUNT. |
|
(a) The commission by rule shall develop a system for monitoring |
|
the activities of managers and employees of a racetrack association |
|
relating to the horsemen's account. The monitoring system may |
|
include review of the financial operations of the racetrack |
|
association, including inspections of records at the racetrack |
|
association's offices, at any racetrack, or at any other place the |
|
racetrack association transacts business. |
|
(b) The executive director may issue an order prohibiting |
|
the racetrack association from making any transfer from a bank |
|
account held by the racetrack association for the conduct of |
|
business under this subtitle, pending commission review of the |
|
records of the account, if the executive director reasonably |
|
believes that the racetrack association has failed to maintain the |
|
proper amount of money in the horsemen's account. The executive |
|
director shall provide in the order a procedure for the racetrack |
|
association to pay certain expenses necessary for the operation of |
|
the racetrack, subject to the executive director's approval. |
|
(c) An order issued under this section may be made valid for |
|
a period not to exceed 14 days. |
|
(d) The executive director may issue an order requiring the |
|
appropriate transfers to or from the horsemen's account if, after |
|
reviewing the racetrack association's records of its bank accounts, |
|
the executive director determines there is an improper amount of |
|
money in the horsemen's account. (V.A.C.S. Art. 179e, Sec. 3.22.) |
|
CHAPTER 2034. UNLAWFUL INFLUENCE ON RACING |
|
Sec. 2034.001. RULES RELATING TO UNLAWFUL INFLUENCES |
|
ON RACING AND REQUIRED TESTING |
|
Sec. 2034.002. MEDICATION AND DRUG TESTING PROCEDURES |
|
Sec. 2034.003. CHARGES FOR MEDICATION OR DRUG TESTING |
|
Sec. 2034.004. RESPONSIBILITY OF LICENSED TRAINER |
|
CONCERNING PROHIBITED SUBSTANCE |
|
Sec. 2034.005. PROHIBITED SUBSTANCE IN TEST SAMPLE OR |
|
SPECIMEN |
|
Sec. 2034.006. DISCIPLINARY ACTION FOR PROHIBITED |
|
DEVICE OR SUBSTANCE |
|
Sec. 2034.007. DISCIPLINARY ACTION FOR RULE VIOLATION |
|
OF PROHIBITED DEVICE OR SUBSTANCE |
|
CHAPTER 2034. UNLAWFUL INFLUENCE ON RACING |
|
Sec. 2034.001. RULES RELATING TO UNLAWFUL INFLUENCES ON |
|
RACING AND REQUIRED TESTING. (a) The commission shall adopt rules |
|
prohibiting a person from unlawfully influencing or affecting the |
|
outcome of a race, including rules relating to the use of a |
|
prohibited device or prohibited substance at a racetrack or at a |
|
training facility. |
|
(b) The commission shall require testing to determine |
|
whether a prohibited substance has been used. |
|
(c) The commission's rules must require state-of-the-art |
|
testing methods. The testing may: |
|
(1) be prerace or postrace as determined by the |
|
commission; and |
|
(2) be by an invasive or noninvasive method. |
|
(d) The commission shall adopt rules relating to the drug |
|
testing of license holders. (V.A.C.S. Art. 179e, Secs. 3.16(a), |
|
(b), (i).) |
|
Sec. 2034.002. MEDICATION AND DRUG TESTING PROCEDURES. (a) |
|
Medication or drug testing performed on a race animal under this |
|
subtitle must be conducted by: |
|
(1) the Texas A&M Veterinary Medical Diagnostic |
|
Laboratory; or |
|
(2) a laboratory operated by or in conjunction with or |
|
by a private or public agency selected by the commission after |
|
consultation with the Texas A&M Veterinary Medical Diagnostic |
|
Laboratory. |
|
(b) Medication or drug testing performed on a human under |
|
this subtitle must be conducted by a laboratory approved by the |
|
commission. (V.A.C.S. Art. 179e, Sec. 3.07(d) (part).) |
|
Sec. 2034.003. CHARGES FOR MEDICATION OR DRUG TESTING. |
|
(a) The commission by rule shall: |
|
(1) prescribe procedures for approving and paying |
|
medical and drug testing laboratory charges under this section; and |
|
(2) allocate responsibility for the costs of human |
|
drug testing of a license holder. |
|
(b) The racetrack association that receives medication or |
|
drug testing services conducted under this subtitle shall pay the |
|
reasonable charges associated with those services. |
|
(c) Charges for services performed under this section must |
|
be forwarded to the commission for approval of the reasonableness |
|
of the charges. Charges may include expenses incurred for travel, |
|
lodging, testing, and processing of test results. |
|
(d) The commission shall determine whether the laboratory |
|
charges are reasonable in relation to industry standards by |
|
periodically surveying the drug testing charges of comparable |
|
laboratories in the United States. |
|
(e) The racetrack association that receives the services is |
|
responsible for the cost of approved charges for animal drug |
|
testing services under this section. The commission shall forward a |
|
copy of the charges to the racetrack association for immediate |
|
payment. |
|
(f) To pay the charges associated with the medication or |
|
drug testing, a racetrack association may use the money held by the |
|
racetrack association to pay outstanding tickets and pari-mutuel |
|
vouchers. The racetrack association shall pay any additional |
|
amount needed for the charges. (V.A.C.S. Art. 179e, Secs. 3.07(d) |
|
(part), (e), (f).) |
|
Sec. 2034.004. RESPONSIBILITY OF LICENSED TRAINER |
|
CONCERNING PROHIBITED SUBSTANCE. The licensed trainer of an |
|
animal is: |
|
(1) considered by law to be the absolute ensurer that |
|
no prohibited substance has been administered to the animal; and |
|
(2) responsible for ensuring that no prohibited |
|
substance is administered to the animal. (V.A.C.S. Art. 179e, Sec. |
|
3.16(h).) |
|
Sec. 2034.005. PROHIBITED SUBSTANCE IN TEST SAMPLE OR |
|
SPECIMEN. (a) The commission may require urine samples to be |
|
frozen for a period necessary to allow any follow-up testing to |
|
detect and identify a prohibited substance. Any other specimen |
|
shall be maintained for testing purposes in a manner required by |
|
commission rule. |
|
(b) If a test sample or specimen shows the presence of a |
|
prohibited substance, the entire sample, including any split |
|
portion remaining in the custody of the commission, shall be |
|
maintained until final disposition of the matter. |
|
(c) A license holder whose animal test shows the presence of |
|
a prohibited substance is entitled to have a split portion of the |
|
test sample or specimen tested at a testing facility authorized to |
|
perform drug testing under this subtitle and selected by the |
|
license holder. The commission shall adopt rules relating to split |
|
testing procedures. (V.A.C.S. Art. 179e, Secs. 3.16(e), (f), (g).) |
|
Sec. 2034.006. DISCIPLINARY ACTION FOR PROHIBITED DEVICE OR |
|
SUBSTANCE. (a) Following the discovery of a prohibited device or |
|
a return of a test showing the presence of a prohibited substance, a |
|
steward or judge may summarily suspend a person who has used or |
|
administered the prohibited device or prohibited substance until a |
|
hearing before the stewards or judges. The steward or judge may |
|
also disqualify an animal as provided by a commission rule adopted |
|
under this chapter. |
|
(b) Except as otherwise provided, a person may appeal a |
|
ruling of the stewards or judges to the commission. The commission |
|
may stay a suspension during the period the matter is before the |
|
commission. (V.A.C.S. Art. 179e, Secs. 3.16(c), (d).) |
|
Sec. 2034.007. DISCIPLINARY ACTION FOR RULE VIOLATION OF |
|
PROHIBITED DEVICE OR SUBSTANCE. A person who violates a rule |
|
adopted under this chapter may: |
|
(1) have any license issued to the person by the |
|
commission revoked or suspended; or |
|
(2) be barred for life or any other period from |
|
applying for or receiving a license issued by the commission or |
|
entering any portion of a racetrack. (V.A.C.S. Art. 179e, Sec. |
|
3.16(j).) |
|
CHAPTER 2035. LOCAL OPTION ELECTION TO LEGALIZE PARI-MUTUEL |
|
WAGERING |
|
SUBCHAPTER A. LEGALIZATION ELECTION |
|
Sec. 2035.001. VOTER APPROVAL OF RACETRACK REQUIRED |
|
Sec. 2035.002. INITIATION OF LEGALIZATION ELECTION |
|
Sec. 2035.003. ELECTION TO APPROVE WAGERING ON |
|
SIMULCAST RACES |
|
Sec. 2035.004. APPLICATION FOR PETITION; ISSUANCE |
|
Sec. 2035.005. CONTENTS OF PETITION APPLICATION |
|
Sec. 2035.006. CONTENTS OF PETITION |
|
Sec. 2035.007. COPIES |
|
Sec. 2035.008. REQUIREMENTS TO ORDER ELECTION |
|
Sec. 2035.009. VERIFICATION OF PETITION |
|
Sec. 2035.010. CERTIFICATION OF PETITION SIGNATURES |
|
Sec. 2035.011. RECORD IN MINUTES |
|
Sec. 2035.012. ORDER FOR ELECTION; ELECTION DATE |
|
Sec. 2035.013. EVIDENCE OF VALIDITY |
|
Sec. 2035.014. ELECTION PROCEDURES GOVERNED BY |
|
ELECTION CODE |
|
Sec. 2035.015. BALLOT PROPOSITION |
|
Sec. 2035.016. CERTIFICATION OF ELECTION RESULTS |
|
Sec. 2035.017. FREQUENCY OF ELECTIONS |
|
SUBCHAPTER B. ELECTION CONTEST |
|
Sec. 2035.051. INITIATION OF ELECTION CONTEST |
|
Sec. 2035.052. PARTIES |
|
Sec. 2035.053. CONDUCT OF CONTEST SUIT |
|
Sec. 2035.054. BOND |
|
Sec. 2035.055. APPEAL |
|
Sec. 2035.056. CONTESTEE |
|
Sec. 2035.057. COSTS OF CONTEST |
|
SUBCHAPTER C. RESCISSION ELECTION |
|
Sec. 2035.101. INITIATION OF RESCISSION ELECTION |
|
Sec. 2035.102. EARLIEST DATE FOR HOLDING ELECTION |
|
Sec. 2035.103. PETITION REQUIREMENTS |
|
Sec. 2035.104. MANNER OF CONDUCTING ELECTION |
|
Sec. 2035.105. BALLOT PROPOSITION |
|
Sec. 2035.106. EFFECT OF RESCISSION |
|
CHAPTER 2035. LOCAL OPTION ELECTION TO LEGALIZE PARI-MUTUEL |
|
WAGERING |
|
SUBCHAPTER A. LEGALIZATION ELECTION |
|
Sec. 2035.001. VOTER APPROVAL OF RACETRACK REQUIRED. (a) |
|
The commission may not issue a racetrack license or accept a license |
|
application 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 chapter. |
|
(b) A racetrack may not be located within a home-rule |
|
municipality unless a majority of the votes cast in the |
|
municipality in the election held under this chapter that legalized |
|
pari-mutuel wagering on horse races in the county favored |
|
legalization. |
|
(c) Subsection (b) does not apply to a racetrack that: |
|
(1) was located outside the boundaries of the |
|
municipality when the racetrack was first licensed; and |
|
(2) has continuously held a license since the issuance |
|
of the original license. (V.A.C.S. Art. 179e, Secs. 16.01(a) |
|
(part), (b).) |
|
Sec. 2035.002. INITIATION OF LEGALIZATION ELECTION. The |
|
commissioners court: |
|
(1) may, on its own motion by a majority vote of its |
|
members, order an election to approve the legalization of |
|
pari-mutuel wagering on horse races or greyhound races; and |
|
(2) shall order an election on presentation of a |
|
petition meeting the requirements of this chapter. (V.A.C.S. |
|
Art. 179e, Sec. 16.02.) |
|
Sec. 2035.003. ELECTION TO APPROVE WAGERING ON SIMULCAST |
|
RACES. The commissioners court of a county in which a racetrack is |
|
conducting live racing may, on its own motion by a majority vote of |
|
its members, order an election to approve pari-mutuel wagering on |
|
simulcast horse races or greyhound races. (V.A.C.S. Art. 179e, |
|
Sec. 16.021.) |
|
Sec. 2035.004. APPLICATION FOR PETITION; ISSUANCE. If 10 |
|
or more registered voters of the county file a written application, |
|
the county clerk shall issue to the applicants a petition to be |
|
circulated among registered voters for their signatures. (V.A.C.S. |
|
Art. 179e, Sec. 16.03.) |
|
Sec. 2035.005. CONTENTS OF PETITION APPLICATION. To be |
|
valid, the petition application must contain: |
|
(1) a heading, as follows: "Application for a |
|
Petition for a Local Option Election to Approve the Legalization of |
|
Pari-mutuel Wagering on Horse Races" or "Application for a Petition |
|
for a Local Option Election to Approve the Legalization of |
|
Pari-mutuel Wagering on Greyhound Races," as appropriate; |
|
(2) a statement of the issue to be voted on, as |
|
follows: "Legalizing pari-mutuel wagering on horse races in |
|
__________ County" or "Legalizing pari-mutuel wagering on |
|
greyhound races in __________ County," as appropriate; |
|
(3) a statement immediately above the signatures of |
|
the applicants, as follows: "It is the hope, purpose, and intent of |
|
the applicants whose signatures appear below that pari-mutuel |
|
wagering on horse races be legalized in __________ County" or "It is |
|
the hope, purpose, and intent of the applicants whose signatures |
|
appear below that pari-mutuel wagering on greyhound races be |
|
legalized in __________ County," as appropriate; and |
|
(4) the printed name, signature, residence address, |
|
and voter registration certificate number of each applicant. |
|
(V.A.C.S. Art. 179e, Sec. 16.04.) |
|
Sec. 2035.006. CONTENTS OF PETITION. To be valid, the |
|
petition must contain: |
|
(1) a heading, as follows: "Petition for a Local |
|
Option Election to Approve the Legalization of Pari-mutuel Wagering |
|
on Horse Races" or "Petition for a Local Option Election to Approve |
|
the Legalization of Pari-mutuel Wagering on Greyhound Races," as |
|
appropriate; |
|
(2) a statement of the issue to be voted on, in the |
|
same words used in the application; |
|
(3) a statement immediately above the signatures of |
|
the petitioners, as follows: "It is the hope, purpose, and intent |
|
of the petitioners whose signatures appear below that pari-mutuel |
|
wagering on horse races be legalized in __________ County" or "It is |
|
the hope, purpose, and intent of the petitioners whose signatures |
|
appear below that pari-mutuel wagering on greyhound races be |
|
legalized in __________ County," as appropriate; |
|
(4) lines and spaces for the names, signatures, |
|
addresses, and voter registration certificate numbers of the |
|
petitioners; and |
|
(5) the date of issuance, the serial number, and the |
|
seal of the county clerk on each page. (V.A.C.S. Art. 179e, Sec. |
|
16.05.) |
|
Sec. 2035.007. COPIES. The county clerk shall keep the |
|
application and a copy of the petition in the clerk's office files. |
|
The clerk shall issue to the applicants the number of copies |
|
requested by the applicants. (V.A.C.S. Art. 179e, Sec. 16.06.) |
|
Sec. 2035.008. REQUIREMENTS TO ORDER ELECTION. The |
|
commissioners court shall order an election if the petition: |
|
(1) is filed with the county clerk not later than the |
|
30th day after the date of the petition's issuance; and |
|
(2) contains a number of signatures of registered |
|
county voters equal to at least five percent of the number of votes |
|
cast in the county for all candidates for governor in the most |
|
recent gubernatorial general election. (V.A.C.S. Art. 179e, Sec. |
|
16.07.) |
|
Sec. 2035.009. VERIFICATION OF PETITION. (a) Except as |
|
otherwise provided by Section 277.003, Election Code, the county |
|
clerk shall, on request of any person, check each name on the |
|
petition to determine whether the signer is a registered county |
|
voter. |
|
(b) The person requesting this verification by the county |
|
clerk shall pay the county clerk a sum equal to 20 cents per name |
|
before commencement of the verification. |
|
(c) The county clerk may not count a signature if there is |
|
reason to believe that: |
|
(1) the signature is not the actual signature of the |
|
purported signer; |
|
(2) the voter registration certificate number is |
|
incorrect; |
|
(3) the signature duplicates a name or handwriting |
|
used in any other signature on the petition; |
|
(4) the residence address of the signer is incorrect; |
|
or |
|
(5) the name of the voter is not signed exactly as the |
|
name appears on the official copy of the current list of registered |
|
voters for the voting year in which the petition is issued. |
|
(V.A.C.S. Art. 179e, Sec. 16.08.) |
|
Sec. 2035.010. CERTIFICATION OF PETITION SIGNATURES. Not |
|
later than the 40th day after the date the petition is filed, |
|
excluding Saturdays, Sundays, and legal holidays, the county clerk |
|
shall certify to the commissioners court the number of registered |
|
voters signing the petition. (V.A.C.S. Art. 179e, Sec. 16.09.) |
|
Sec. 2035.011. RECORD IN MINUTES. The commissioners court |
|
shall record in the court's minutes: |
|
(1) the date the petition is filed; and |
|
(2) the date the petition is certified by the county |
|
clerk. (V.A.C.S. Art. 179e, Sec. 16.10(a).) |
|
Sec. 2035.012. ORDER FOR ELECTION; ELECTION DATE. (a) If |
|
the petition contains the required number of signatures and is in |
|
proper order, the commissioners court shall, at the court's next |
|
regular session after the certification by the county clerk, order |
|
an election to be held at the regular polling place in each county |
|
election precinct in the county on the next uniform election date |
|
authorized by Section 41.001, Election Code, that occurs at least |
|
20 days after the date of the order. |
|
(b) The commissioners court shall state in the order the |
|
issue to be voted on in the election. (V.A.C.S. Art. 179e, Sec. |
|
16.10(b) (part).) |
|
Sec. 2035.013. EVIDENCE OF VALIDITY. An order under |
|
Section 2035.012 is prima facie evidence of compliance with all |
|
provisions necessary to give the order validity. (V.A.C.S. |
|
Art. 179e, Sec. 16.10(b) (part).) |
|
Sec. 2035.014. ELECTION PROCEDURES GOVERNED BY ELECTION |
|
CODE. An election under this chapter shall be held and the returns |
|
shall be prepared and canvassed in conformity with the Election |
|
Code. (V.A.C.S. Art. 179e, Sec. 16.11(a).) |
|
Sec. 2035.015. BALLOT PROPOSITION. The ballots for an |
|
election under this subchapter shall be printed to permit voting |
|
for or against the proposition: "Legalizing pari-mutuel wagering |
|
on horse races in __________ County," "Legalizing pari-mutuel |
|
wagering on greyhound races in __________ County," or "Authorizing |
|
pari-mutuel wagering on simulcast races in _____ County," as |
|
appropriate. (V.A.C.S. Art. 179e, Sec. 16.11(b).) |
|
Sec. 2035.016. CERTIFICATION OF ELECTION RESULTS. If a |
|
majority of the votes cast in the election favor the legalization of |
|
pari-mutuel wagering on horse races or greyhound races in the |
|
county, or the authorization of pari-mutuel wagering on simulcast |
|
races in the county, as appropriate, the commissioners court shall |
|
certify that fact to the secretary of state not later than the 10th |
|
day after the date of the canvass of the returns. (V.A.C.S. |
|
Art. 179e, Sec. 16.12(a).) |
|
Sec. 2035.017. FREQUENCY OF ELECTIONS. Another election |
|
may not be held in the county under this chapter before the fifth |
|
anniversary of the preceding election date. (V.A.C.S. Art. 179e, |
|
Sec. 16.12(b).) |
|
SUBCHAPTER B. ELECTION CONTEST |
|
Sec. 2035.051. INITIATION OF ELECTION CONTEST. 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. |
|
(V.A.C.S. Art. 179e, Sec. 16.13(a) (part).) |
|
Sec. 2035.052. PARTIES. Any person who is licensed or who |
|
has submitted to the commission an application to be licensed in any |
|
capacity under this subtitle may become a named party to the contest |
|
proceedings by pleading to the petition on or before the time set |
|
for hearing and trial as provided by Section 2035.053(b) or after |
|
that time by intervention on leave of court. (V.A.C.S. Art. 179e, |
|
Sec. 16.13(a) (part).) |
|
Sec. 2035.053. CONDUCT OF CONTEST SUIT. (a) The |
|
proceedings in the contest suit shall be conducted in the manner |
|
prescribed by Title 14, Election Code, for contesting an election |
|
held for a purpose other than the election of an officer. |
|
(b) At or after the time for hearing and trial, the judge |
|
shall hear and determine all questions of law and fact in the |
|
proceedings and may enter orders for the proceedings that will |
|
enable the judge to: |
|
(1) try and determine the questions; and |
|
(2) render a final judgment with the least possible |
|
delay. (V.A.C.S. Art. 179e, Secs. 16.13(b) (part), (c).) |
|
Sec. 2035.054. BOND. (a) Before entry of a final judgment |
|
in the contest proceedings, any party may move that the court |
|
dismiss the contestant's action unless the contestant posts a bond |
|
with sufficient surety, approved by the court, payable to the |
|
movant for the payment of all damages and costs that may accrue as a |
|
result of the delay caused by the contestant's continued |
|
participation in the proceedings if the contestant fails to finally |
|
prevail and obtain substantially the judgment prayed for in the |
|
petition. |
|
(b) If a motion is made under this section, the court shall |
|
issue an order directed to the contestant that: |
|
(1) is served personally or by registered mail on all |
|
parties, or on their attorneys of record, together with a copy of |
|
the motion; and |
|
(2) requires the contestant to: |
|
(A) appear at the time and place, not sooner than |
|
five days and not later than 10 days after the receipt of the order |
|
and motion, as the court may direct; and |
|
(B) show cause why the motion should not be |
|
granted. |
|
(c) Motions involving more than one contestant may be heard |
|
together at the court's direction. |
|
(d) Unless at the hearing on the motion the contestant |
|
establishes facts that in the court's judgment would entitle the |
|
contestant to a temporary injunction against issuance of the |
|
license based on the election in question, the court shall: |
|
(1) grant the movant's motion; and |
|
(2) in the court's order, subject to Subsection (e), |
|
set the bond to be posted by the contestant in an amount the court |
|
finds to be sufficient to cover all damages and costs that may |
|
accrue as described by Subsection (a). |
|
(e) The maximum bond that the court may set is: |
|
(1) $100,000 for an election contest for a racetrack |
|
to be located in a county that has a population of 1.3 million or |
|
more and in which a municipality with a population of more than one |
|
million is primarily located; or |
|
(2) $10,000 for an election contest for a racetrack to |
|
be located in any other county. (V.A.C.S. Art. 179e, Sec. 16.14.) |
|
Sec. 2035.055. APPEAL. (a) A party to the contest suit may |
|
appeal to the appropriate court of appeals an order or judgment |
|
entered by the trial court under Section 2035.053. |
|
(b) An order or judgment from which an appeal is not taken is |
|
final. If a party does not file an appeal before the 31st day after |
|
the date the result of the election is declared, the election is |
|
presumed valid. |
|
(c) An order or judgment of a court of appeals may be |
|
appealed to the supreme court. |
|
(d) An appeal under this section has priority over any other |
|
matter, except habeas corpus. The appellate court shall render its |
|
final order or judgment with the least possible delay. |
|
(e) The contestee or the county may not be required to give |
|
bond on appeal. (V.A.C.S. Art. 179e, Secs. 16.15 (part), 16.17(b) |
|
(part).) |
|
Sec. 2035.056. CONTESTEE. The county attorney is the |
|
contestee of a suit brought under Section 2035.051. If there is not |
|
a county attorney of the county, the criminal district attorney or |
|
district attorney is the contestee. (V.A.C.S. Art. 179e, Sec. |
|
16.17(a).) |
|
Sec. 2035.057. COSTS OF CONTEST. Costs of the election |
|
contest may not be adjudged against the contestee or county. |
|
(V.A.C.S. Art. 179e, Sec. 16.17(b) (part).) |
|
SUBCHAPTER C. RESCISSION ELECTION |
|
Sec. 2035.101. INITIATION OF RESCISSION ELECTION. (a) The |
|
commissioners court of a county that has approved the legalization |
|
of racing with pari-mutuel wagering in that county may hold an |
|
election on the question of rescinding that approval. |
|
(b) The commissioners court shall order the rescission |
|
election on the presentation of a petition requesting the election. |
|
(V.A.C.S. Art. 179e, Sec. 16.18(a) (part).) |
|
Sec. 2035.102. EARLIEST DATE FOR HOLDING ELECTION. A |
|
rescission election may not be held before the second anniversary |
|
of the date of the election conducted under Section 2035.012 at |
|
which the legalization of pari-mutuel wagering was approved. |
|
(V.A.C.S. Art. 179e, Sec. 16.18(a) (part).) |
|
Sec. 2035.103. PETITION REQUIREMENTS. A rescission |
|
election petition must meet the requirements imposed by this |
|
chapter for a petition to request a local option election on the |
|
question of the legalization of racing with pari-mutuel wagering. |
|
(V.A.C.S. Art. 179e, Sec. 16.18(a) (part).) |
|
Sec. 2035.104. MANNER OF CONDUCTING ELECTION. An election |
|
under this subchapter to rescind legalization of racing shall be |
|
conducted in the manner provided for the original local option |
|
election under this chapter. (V.A.C.S. Art. 179e, Sec. 16.18(a) |
|
(part).) |
|
Sec. 2035.105. BALLOT PROPOSITION. The ballots for an |
|
election under this subchapter shall be printed to permit voting |
|
for or against the proposition: "Rescinding the legalization of |
|
pari-mutuel wagering on horse races in __________ County" or |
|
"Rescinding the legalization of pari-mutuel wagering on greyhound |
|
races in __________ County," as appropriate. (V.A.C.S. Art. 179e, |
|
Sec. 16.18(a) (part).) |
|
Sec. 2035.106. EFFECT OF RESCISSION. (a) If the majority |
|
of the votes cast in an election under this subchapter favor the |
|
rescission, racing with pari-mutuel wagering may not be conducted |
|
in that county except as provided by Subsection (b). |
|
(b) A racetrack association located in a county that elects |
|
to rescind the legalization of racing and that has outstanding |
|
long-term liabilities may continue to operate on a temporary basis |
|
as provided by Section 2021.008. (V.A.C.S. Art. 179e, Secs. |
|
16.18(b), (c).) |
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
SECTION 2.01. Section 102.07(f), Alcoholic Beverage Code, |
|
is amended to read as follows: |
|
(f) Notwithstanding Subsection (a) of this section, Section |
|
108.05 [of this code], or any other provision of this code, a holder |
|
of a brewer's permit, nonresident brewer's permit, distiller's and |
|
rectifier's permit, winery permit, nonresident seller's permit, |
|
manufacturer's license, or nonresident manufacturer's license may, |
|
in order to promote the brand name of the permittee's or licensee's |
|
products, contract with a person licensed under Subtitle A-1, Title |
|
13, Occupations Code ([the] Texas Racing Act [(Article 179e,
|
|
Vernon's Texas Civil Statutes]), for on-site advertising signs, for |
|
advertising in programs, and to supplement purses for races even |
|
though the licensees under that subtitle [Act] or the owners or |
|
operators of the racing facilities also hold a mixed beverage |
|
permit or other permit or license under this code. In addition, a |
|
permittee or licensee described by this subsection may contract for |
|
off-site advertising promoting specific races. A part of the cost |
|
of an advertisement or promotion authorized by this section may not |
|
be charged to or paid, directly or indirectly, by the holder of a |
|
wholesale permit, general class B wholesaler's permit, local class |
|
B wholesaler's permit, local distributor's permit, general |
|
distributor's license, or local distributor's license, except |
|
through the price paid by that holder for products purchased from |
|
the holder's supplier. |
|
SECTION 2.02. Section 153.555, Business Organizations |
|
Code, is amended to read as follows: |
|
Sec. 153.555. PERMITTED TRANSFER IN CONNECTION WITH |
|
RACETRACK LICENSE. The following transfer relating to a limited |
|
partnership is not a prohibited transfer that violates Section |
|
2025.107(a), Occupations Code [6.12(a), Texas Racing Act (Article
|
|
179e, Vernon's Texas Civil Statutes)]: |
|
(1) a transfer by a general partnership of its assets |
|
to a limited partnership, the corporate general partner of which is |
|
controlled by the partners of the general partnership; or |
|
(2) a transfer by a limited partnership of the |
|
beneficial use of or interest in any of its rights, privileges, or |
|
assets to a local development corporation incorporated before |
|
January 31, 1993, under Subchapter D, Chapter 431, Transportation |
|
Code. |
|
SECTION 2.03. Section 88.522(c), Education Code, is amended |
|
to read as follows: |
|
(c) The comptroller shall periodically transfer the amounts |
|
specified by Sections 2028.103(a) [6.08(f)] and 2028.105(a) [(h)], |
|
Occupations Code [Texas Racing Act (Article 179e, Vernon's Texas
|
|
Civil Statutes)], to the account. |
|
SECTION 2.04. Section 411.096(a), Government Code, is |
|
amended to read as follows: |
|
(a) The Texas 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 commission; |
|
(2) an applicant for employment by the commission; or |
|
(3) an applicant for a license under Subtitle A-1, |
|
Title 13, Occupations Code ([the] Texas Racing Act [(Article 179e,
|
|
Vernon's Texas Civil Statutes]). |
|
SECTION 2.05. Section 751.0021(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) This chapter applies to a horse or greyhound race that |
|
attracts or is expected to attract at least 100 persons, except that |
|
this chapter does not apply if the race is held at a location at |
|
which pari-mutuel wagering is authorized under Subtitle A-1, Title |
|
13, Occupations Code ([the] Texas Racing Act [(Article 179e,
|
|
Vernon's Texas Civil Statutes]). |
|
SECTION 2.06. Section 802.003(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) This chapter does not apply to an animal regulated under |
|
Subtitle A-1, Title 13 ([the] Texas Racing Act [(Article 179e,
|
|
Vernon's Texas Civil Statutes]). |
|
SECTION 2.07. Section 46.01(15), Penal Code, is amended to |
|
read as follows: |
|
(15) "Racetrack" has the meaning assigned that term by |
|
Section 2021.003(41), Occupations Code [the Texas Racing Act
|
|
(Article 179e, Vernon's Texas Civil Statutes)]. |
|
SECTION 2.08. Section 47.02(c), Penal Code, is amended to |
|
read as follows: |
|
(c) It is a defense to prosecution under this section that |
|
the actor reasonably believed that the conduct: |
|
(1) was permitted under Chapter 2001, Occupations |
|
Code; |
|
(2) was permitted under Chapter 2002, Occupations |
|
Code; |
|
(3) was permitted under Chapter 2004, Occupations |
|
Code; |
|
(4) consisted entirely of participation in the state |
|
lottery authorized by the State Lottery Act (Chapter 466, |
|
Government Code); |
|
(5) was permitted under Subtitle A-1, Title 13, |
|
Occupations Code ([the] Texas Racing Act [(Article 179e, Vernon's
|
|
Texas Civil Statutes]); or |
|
(6) consisted entirely of participation in a drawing |
|
for the opportunity to participate in a hunting, fishing, or other |
|
recreational event conducted by the Parks and Wildlife Department. |
|
SECTION 2.09. Section 47.05(b), Penal Code, is amended to |
|
read as follows: |
|
(b) It is an exception to the application of Subsection (a) |
|
that the information communicated is intended for use in placing a |
|
lawful wager under Chapter 2027, Occupations Code [Article 11,
|
|
Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes)], |
|
and is not communicated in violation of Section 2033.013, |
|
Occupations Code [14.01 of that Act]. |
|
SECTION 2.10. Section 47.09(a), Penal Code, is amended to |
|
read as follows: |
|
(a) It is a defense to prosecution under this chapter that |
|
the conduct: |
|
(1) was authorized under: |
|
(A) Chapter 2001, Occupations Code; |
|
(B) Chapter 2002, Occupations Code; |
|
(C) Chapter 2004, Occupations Code; or |
|
(D) Subtitle A-1, Title 13, Occupations Code |
|
([the] Texas Racing Act [(Article 179e, Vernon's Texas Civil
|
|
Statutes]); |
|
(2) consisted entirely of participation in the state |
|
lottery authorized by Chapter 466, Government Code; or |
|
(3) was a necessary incident to the operation of the |
|
state lottery and was directly or indirectly authorized by: |
|
(A) Chapter 466, Government Code; |
|
(B) the lottery division of the Texas Lottery |
|
Commission; |
|
(C) the Texas Lottery Commission; or |
|
(D) the director of the lottery division of the |
|
Texas Lottery Commission. |
|
SECTION 2.11. Section 11.23(h), Tax Code, is amended to |
|
read as follows: |
|
(h) County Fair Associations. A county fair association |
|
organized to hold agricultural fairs and encourage agricultural |
|
pursuits is entitled to an exemption from taxation of the land and |
|
buildings that it owns and uses to hold agricultural fairs. An |
|
association that holds a license issued after January 1, 2001, |
|
under Subtitle A-1, Title 13, Occupations Code ([the] Texas Racing |
|
Act [(Article 179e, Vernon's Texas Civil Statutes]), to conduct a |
|
horse race meeting or a greyhound race meeting with pari-mutuel |
|
wagering is not entitled to an exemption under this subsection. |
|
Land or a building used to conduct a horse race meeting or a |
|
greyhound race meeting with pari-mutuel wagering under a license |
|
issued after January 1, 2001, under that subtitle [Act] may not be |
|
exempted under this subsection. To qualify for an exemption under |
|
this subsection, a county fair association must: |
|
(1) be a nonprofit corporation governed by Chapter 22, |
|
Business Organizations Code [as defined by the Texas Non-Profit
|
|
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
|
|
Statutes)]; |
|
(2) be exempt from federal income taxes as an |
|
organization described by Section 501(c)(3), (4), or (5), Internal |
|
Revenue Code of 1986[, as amended]; |
|
(3) qualify for an exemption from the franchise tax |
|
under Section 171.060; and |
|
(4) meet the requirements of a charitable organization |
|
provided by Sections 11.18(e) and (f), for which purpose the |
|
functions for which the association is organized are considered to |
|
be charitable functions. |
|
SECTION 2.12. Section 151.0035, Tax Code, is amended to |
|
read as follows: |
|
Sec. 151.0035. "DATA PROCESSING SERVICE". "Data processing |
|
service" includes word processing, data entry, data retrieval, data |
|
search, information compilation, payroll and business accounting |
|
data production, the performance of a totalisator service with the |
|
use of computational equipment required by Subtitle A-1, Title 13, |
|
Occupations Code ([the] Texas Racing Act [(Article 179e, Vernon's
|
|
Texas Civil Statutes]), and other computerized data and information |
|
storage or manipulation. "Data processing service" also includes |
|
the use of a computer or computer time for data processing whether |
|
the processing is performed by the provider of the computer or |
|
computer time or by the purchaser or other beneficiary of the |
|
service. "Data processing service" does not include the |
|
transcription of medical dictation by a medical transcriptionist. |
|
"Data storage," as used in this section, does not include a |
|
classified advertisement, banner advertisement, vertical |
|
advertisement, or link when the item is displayed on an Internet |
|
website owned by another person. |
|
ARTICLE 3. REPEALER |
|
SECTION 3.01. The following provisions of the Texas Racing |
|
Act (Article 179e, Vernon's Texas Civil Statutes), are repealed: |
|
(1) Articles 1, 2, 3, 4, 5, 7, 8, 9, 9A, 10, 11, 12, 13, |
|
14, 15, 16, and 18; and |
|
(2) Sections 6.01, 6.02, 6.03, 6.031, 6.032, 6.04, |
|
6.06, 6.0601, 6.0602, 6.0603, 6.061, 6.062, 6.063, 6.07, 6.08, |
|
6.09, 6.091, 6.092, 6.093, 6.10, 6.11, 6.12, 6.13, 6.14, 6.15, |
|
6.16, 6.17, and 6.18. |
|
ARTICLE 4. GENERAL MATTERS |
|
SECTION 4.01. This Act is enacted under Section 43, Article |
|
III, Texas Constitution. This Act is intended as a recodification |
|
only, and no substantive change in law is intended by this Act. |
|
SECTION 4.02. This Act takes effect April 1, 2019. |