Bill Text: TX HB1855 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Racing Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-28 - Left pending in committee [HB1855 Detail]
Download: Texas-2021-HB1855-Introduced.html
87R2596 BEE-D | ||
By: Cyrier | H.B. No. 1855 |
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relating to the continuation and functions of the Texas Racing | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 (Texas Racing Act), including an | ||
occupational license described by Section 2025.251, Occupations | ||
Code. | ||
SECTION 2. Section 2021.008(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, and except as provided by Subsections (b) and (c), | ||
the commission is abolished and this subtitle expires September 1, | ||
2033 [ |
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SECTION 3. Subchapter A, Chapter 2022, Occupations Code, is | ||
amended by adding Section 2022.0001 to read as follows: | ||
Sec. 2022.0001. AFFILIATION WITH OFFICE OF COMPTROLLER. | ||
(a) The commission is administratively attached to the office of | ||
the comptroller, but the commission shall be independent of the | ||
office of the comptroller's direction. | ||
(b) The comptroller shall provide administrative support | ||
services as necessary to assist the commission in performing the | ||
commission's duties. | ||
SECTION 4. Section 2022.004(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) A person is not eligible for appointment as a commission | ||
member if the person: | ||
(1) [ |
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[ |
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commissioner; | ||
(2) [ |
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participates in the management of a business entity or other | ||
organization regulated by the commission or receiving funds from or | ||
through the commission; | ||
(3) [ |
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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; [ |
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(4) [ |
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tangible goods, services, or funds from or through the commission, | ||
other than compensation or reimbursement authorized by law for | ||
commission membership, attendance, or expenses; [ |
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(5) [ |
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[ |
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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 | ||
(6) [ |
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involving moral turpitude. | ||
SECTION 5. Subchapter A, Chapter 2022, Occupations Code, is | ||
amended by adding Section 2022.0045 to read as follows: | ||
Sec. 2022.0045. ELIGIBILITY OF PUBLIC MEMBERS. A person | ||
may not be a public member of the commission if the person or the | ||
person's spouse: | ||
(1) is registered, certified, or licensed by a | ||
regulatory agency in the field of horse racing, greyhound racing, | ||
or pari-mutuel wagering in connection with that racing; | ||
(2) is employed by or participates in the management | ||
of a business entity or other organization regulated by or | ||
receiving money from the commission; | ||
(3) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization regulated by or receiving money from the commission; | ||
or | ||
(4) uses or receives a substantial amount of tangible | ||
goods, services, or money from the commission other than | ||
compensation or reimbursement authorized by law for commission | ||
membership, attendance, or expenses. | ||
SECTION 6. Section 2022.006, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2022.006. MEMBER TRAINING. (a) A [ |
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and qualifies for office as a member of the commission may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the commission until the person completes [ |
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(b) The training program must provide the person with | ||
information [ |
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(1) the law governing [ |
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(2) the programs, [ |
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[ |
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[ |
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[ |
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(3) the scope of and limitations on the rulemaking | ||
authority of the commission; | ||
(4) [ |
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of the commission; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest [ |
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(B) other laws applicable to members of a state | ||
policy-making body in performing their duties [ |
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[ |
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[ |
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(6) [ |
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the commission or the Texas Ethics Commission. | ||
(c) A person appointed to the commission is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after [ |
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the person qualifies for office [ |
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(d) The executive director shall create a training manual | ||
that includes the information required by Subsection (b). The | ||
executive director shall distribute a copy of the training manual | ||
annually to each member of the commission. Each member of the | ||
commission shall sign and submit to the executive director a | ||
statement acknowledging that the member received and has reviewed | ||
the training manual. | ||
SECTION 7. Subchapter C, Chapter 2022, Occupations Code, is | ||
amended by adding Section 2022.1015 to read as follows: | ||
Sec. 2022.1015. COMPLAINTS. (a) The commission shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the commission. The commission shall maintain | ||
information about parties to the complaint, the subject matter of | ||
the complaint, a summary of the results of the review or | ||
investigation of the complaint, and its disposition. | ||
(b) The commission shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The commission shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition | ||
unless the notice would jeopardize an investigation. | ||
SECTION 8. Section 2023.053(f), Occupations Code, is | ||
amended to read as follows: | ||
(f) This section does not apply to: | ||
(1) money deposited into the Texas-bred incentive fund | ||
established under Section 2028.301; or | ||
(2) an administrative penalty remitted to the | ||
comptroller for deposit in the general revenue fund under Section | ||
2033.058. | ||
SECTION 9. Section 2023.057, Occupations Code, is amended | ||
to read as follows: | ||
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, including an | ||
occupational license described by Section 2025.251(c), 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. | ||
SECTION 10. Section 2025.101(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) Subsections (c) and (d) and Section 2025.201(a)(11) | ||
[ |
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a racetrack license if the applicant, the license holder, or the | ||
license holder's parent company is a publicly traded company. | ||
SECTION 11. Section 2025.201(a), Occupations Code, is | ||
amended to read as follows: | ||
(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) has developed an incapacity that prevents or could | ||
prevent the applicant or license holder from conducting the | ||
applicant's or license holder's business with reasonable skill and | ||
competence and in a manner that does not endanger public safety [ |
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(9) is not at least the minimum age necessary to | ||
purchase alcoholic beverages in this state; | ||
(10) [ |
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[ |
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subtitle; | ||
(11) [ |
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residing in this state for the 10 consecutive years preceding the | ||
filing of the application; | ||
(12) [ |
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including a license certificate or identification card, issued | ||
under this subtitle; | ||
(13) [ |
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revoked for cause during the 12 months preceding the date of the | ||
present application; | ||
(14) [ |
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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; | ||
(15) [ |
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practices the commission determines are detrimental to the best | ||
interests of the public and the sport of horse racing or greyhound | ||
racing; or | ||
(16) [ |
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all interests, beneficial or otherwise, in a proposed racetrack. | ||
SECTION 12. Section 2025.251, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The commission by rule may require the following persons | ||
to hold an occupational license under this subtitle: | ||
(1) an adoption program employee; | ||
(2) an announcer; | ||
(3) an apprentice jockey; | ||
(4) an assistant farrier, plater, or blacksmith; | ||
(5) an assistant starter; | ||
(6) an assistant trainer; | ||
(7) an assistant trainer/owner; | ||
(8) an association assistant management employee; | ||
(9) an association management employee; | ||
(10) an association officer or director; | ||
(11) an association staff employee; | ||
(12) an association employee other than an employee | ||
described in this subsection; | ||
(13) an association veterinarian; | ||
(14) an authorized agent; | ||
(15) a chaplain; | ||
(16) a chaplain assistant; | ||
(17) an equine dental provider; | ||
(18) an exercise rider; | ||
(19) a farrier, plater, or blacksmith; | ||
(20) a groom/exercise rider; | ||
(21) a groom/hot walker; | ||
(22) a groom/pony person; | ||
(23) a jockey; | ||
(24) a jockey agent; | ||
(25) a kennel helper; | ||
(26) a kennel owner; | ||
(27) a kennel owner/owner; | ||
(28) a kennel owner/owner/trainer; | ||
(29) a kennel owner/trainer; | ||
(30) a kennel registration employee; | ||
(31) a lead-out; | ||
(32) a maintenance employee; | ||
(33) a medical employee; | ||
(34) miscellaneous racetrack employees; | ||
(35) a multiple owner/stable/farm registration | ||
employee; | ||
(36) a mutuel clerk; | ||
(37) a mutuel employee other than a clerk; | ||
(38) an owner; | ||
(39) an owner-trainer; | ||
(40) a pony person; | ||
(41) a racing industry representative; | ||
(42) a racing industry employee; | ||
(43) a racing official; | ||
(44) a security officer; | ||
(45) a stable foreman; | ||
(46) a tattooer; | ||
(47) a test technician; | ||
(48) a trainer; | ||
(49) a training facility employee; | ||
(50) a training facility general manager; | ||
(51) a valet; | ||
(52) a vendor concessionaire; | ||
(53) a vendor concessionaire employee; | ||
(54) a vendor-totalisator company; | ||
(55) a vendor-totalisator employee; | ||
(56) a veterinarian; and | ||
(57) a veterinarian assistant. | ||
SECTION 13. Section 2025.262, Occupations Code, is amended | ||
to read as follows: | ||
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) has developed an incapacity that prevents or could | ||
prevent the applicant or license holder from conducting the | ||
applicant's or license holder's business with reasonable skill and | ||
competence and in a manner that does not endanger public safety [ |
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(9) [ |
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[ |
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subtitle; | ||
(10) [ |
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license certificate, credential, or identification card issued | ||
under this subtitle; | ||
(11) [ |
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revoked for cause during the 12 months preceding the date of the | ||
present application; | ||
(12) [ |
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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 | ||
(13) [ |
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practices that are detrimental to the best interests of the public | ||
and the sport of horse racing or greyhound racing. | ||
SECTION 14. Section 2028.201, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2028.201. RULES. (a) The commission shall adopt | ||
rules relating to this subchapter and the oversight of the amounts | ||
allocated under Sections 2028.202(b)(1), (2), and (3) | ||
[ |
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(b) The comptroller shall adopt rules relating to the | ||
oversight of the amounts allocated under Section 2028.202(b)(4). | ||
SECTION 15. Section 2028.202(b), Occupations Code, is | ||
amended to read as follows: | ||
(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 deposited in the horse | ||
industry escrow account as [ |
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SECTION 16. Section 2028.203, Occupations Code, is amended | ||
to read as follows: | ||
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 comptroller [ |
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amount equal to one-half of the signal cost that exceeds five | ||
percent of the pari-mutuel pool. | ||
SECTION 17. Section 2028.204, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2028.204. HORSE INDUSTRY ESCROW ACCOUNT; DEPOSIT AND | ||
ALLOCATION OF MONEY [ |
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escrow account is a trust account administered by the comptroller | ||
and composed of money deposited to the account in accordance with | ||
this subtitle. | ||
(b) A greyhound racetrack association shall deposit into | ||
the horse industry [ |
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(c) [ |
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apply to the comptroller [ |
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horse industry escrow account for use as purses. Any state horse | ||
breed registry listed in Section 2030.002(a) may apply for receipt | ||
of money in the account for any event that furthers the horse | ||
industry. The comptroller [ |
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(1) shall determine the horse racetrack associations | ||
and state horse breed registries to be allocated money from the | ||
account and the percentages to be allocated, taking into | ||
consideration purse levels, racing opportunities, and the | ||
financial status of the requesting racetrack association or | ||
requesting breed registry; and | ||
(2) may not annually allocate more than 70 percent of | ||
the amount deposited into the account to horse racetrack | ||
associations for use as purses. | ||
SECTION 18. Section 2028.2041, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2028.2041. ALLOCATION OF CERTAIN FUNDS IN HORSE | ||
INDUSTRY ESCROW ACCOUNT TO GENERAL REVENUE FUND; MAXIMUM ACCOUNT | ||
BALANCE. (a) In each state fiscal biennium, the comptroller shall | ||
deposit the amounts allocated under Section 151.801(c-3), Tax Code, | ||
into the horse industry escrow account established under Section | ||
2028.204 [ |
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amount deposited into the account in that fiscal biennium equals | ||
the greater of: | ||
(1) the amount appropriated to the comptroller | ||
[ |
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biennium; or | ||
(2) $50 million. | ||
(b) Once the comptroller determines the greater of the | ||
amount described by Subsection (a)(1) or (2) has been deposited | ||
during a state fiscal biennium into the horse industry escrow | ||
account established under Section 2028.204 [ |
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remainder of that fiscal biennium the comptroller shall deposit the | ||
amounts allocated under Section 151.801(c-3), Tax Code, into the | ||
general revenue fund. | ||
(c) The balance of the horse industry escrow account | ||
established under Section 2028.204 [ |
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$50 million. | ||
SECTION 19. Section 2028.205, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2028.205. ADDITIONAL ALLOCATIONS FROM HORSE INDUSTRY | ||
ESCROW ACCOUNT 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 comptroller | ||
[ |
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the horse industry escrow [ |
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Section 2028.204 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 comptroller's [ |
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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 comptroller [ |
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from the horse industry escrow [ |
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comptroller [ |
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racetrack association for the decrease. The amounts allocated may | ||
not exceed 20 percent of the money in the [ |
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attributable to the wagering on the interstate cross-species | ||
simulcast signal at the greyhound racetrack. | ||
(c) Money allocated by the comptroller [ |
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this section may be used by the racetrack association for any | ||
purpose. | ||
SECTION 20. Section 2031.004(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) The commission may not: | ||
(1) use funds from the accredited Texas-bred program | ||
under Subchapter A, Chapter 2030, or the horse industry escrow | ||
[ |
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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. | ||
SECTION 21. Subchapter B, Chapter 2033, Occupations Code, | ||
is amended by adding Section 2033.058 to read as follows: | ||
Sec. 2033.058. DISPOSITION OF ADMINISTRATIVE PENALTY. The | ||
commission shall remit an administrative penalty collected under | ||
this subtitle to the comptroller for deposit in the general revenue | ||
fund. | ||
SECTION 22. Section 151.801(c-3), Tax Code, is amended to | ||
read as follows: | ||
(c-3) Subject to the limitation imposed under Section | ||
2028.2041, Occupations Code, an amount equal to the proceeds from | ||
the collection of the taxes imposed by this chapter on the sale, | ||
storage, or use of horse feed, horse supplements, horse tack, horse | ||
bedding and grooming supplies, and other taxable expenditures | ||
directly related to horse ownership, riding, or boarding shall be | ||
deposited to the credit of the horse industry escrow account | ||
administered by the comptroller [ |
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established under Section 2028.204, Occupations Code. | ||
SECTION 23. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 2022.102(b), (c), and (d); and | ||
(2) Section 2025.258(b). | ||
SECTION 24. Section 2022.0045, Occupations Code, as added | ||
by this Act, does not affect the entitlement of a member serving on | ||
the Texas Racing Commission immediately before the effective date | ||
of this Act to continue to serve for the remainder of the member's | ||
term. As the terms of board members expire, the governor shall | ||
appoint or reappoint members who have the qualifications required | ||
for members under Subchapter A, Chapter 2022, Occupations Code, as | ||
amended by this Act. | ||
SECTION 25. (a) Except as provided by Subsection (b) of | ||
this section, Section 2022.006, Occupations Code, as amended by | ||
this Act, applies to a member of the board of the Texas Racing | ||
Commission who is appointed before, on, or after the effective date | ||
of this Act. | ||
(b) A member of the Texas Racing Commission who, before the | ||
effective date of this Act, completed the training program required | ||
by Section 2022.006, Occupations Code, as that law existed before | ||
the effective date of this Act, is required to complete additional | ||
training only on subjects added to the training program under | ||
Section 2022.006, Occupations Code, as amended by this Act. A | ||
commission member described by this subsection may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the commission held on or after December 1, 2021, until the member | ||
completes the additional training. | ||
SECTION 26. The changes in law made by this Act apply to | ||
revenue received from the imposition of an administrative penalty | ||
on or after the effective date of this Act, regardless of whether | ||
the penalty was imposed before, on, or after the effective date of | ||
this Act. | ||
SECTION 27. Not later than March 1, 2022, the comptroller | ||
shall adopt rules necessary to implement Section 2028.202(b)(4), | ||
Occupations Code, as amended by this Act. | ||
SECTION 28. This Act takes effect September 1, 2021. |