Bill Text: TX HB254 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to establishing the Texas Derbies.
Sponsorship: Partisan Bill (Republican 4)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB254 Detail]
Download: Texas-2011-HB254-Enrolled.html
| H.B. No. 254 | ||
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| relating to establishing the Texas Derbies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The Texas Racing Act (Article 179e, Vernon's | ||
| Texas Civil Statutes) is amended by adding Article 9A to read as | ||
| follows: | ||
| ARTICLE 9A. TEXAS DERBIES | ||
| Sec. 9A.001. 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) For a Texas Derby open only to Texas-bred horses, the | ||
| respective official state breed registries and the official | ||
| horsemen's organization shall develop: | ||
| (1) the race conditions and entrance qualifications; | ||
| and | ||
| (2) the preference system used to determine the race | ||
| finalists. | ||
| (c) Each class 1 racetrack that is awarded a Texas Derby | ||
| that is not limited to Texas-bred horses shall develop for the | ||
| derby: | ||
| (1) the race conditions and entrance qualifications; | ||
| and | ||
| (2) the preference system used to determine the race | ||
| finalists. | ||
| (d) The race conditions and qualifications and preference | ||
| systems developed for the Texas Derbies under Subsection (b) or (c) | ||
| of this section are subject to review and approval by the executive | ||
| secretary. | ||
| (e) The commission shall set the date of and the location | ||
| for each Texas Derby. Each Texas Derby must be held annually at the | ||
| class 1 racetrack determined by the commission. The commission | ||
| shall determine the location of each Texas Derby in consultation | ||
| with: | ||
| (1) each class 1 racetrack; | ||
| (2) the official state breed registries; and | ||
| (3) the official horsemen's organization. | ||
| (f) The 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 9A.003 of this article. | ||
| (g) The date of the initial Texas Derby may not be earlier | ||
| than January 1, 2015. This subsection expires January 1, 2016. | ||
| Sec. 9A.002. INSPECTION AND EXAMINATION OF HORSE. (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 is healthy and meets standards set by | ||
| commission rule for racing. | ||
| (b) The examination may include any procedure that the state | ||
| veterinarian considers necessary to make the determination | ||
| required by Subsection (a) of this section. | ||
| (c) The examination may be conducted at any time before the | ||
| race. | ||
| Sec. 9A.003. TEXAS DERBY ESCROW PURSE FUND. (a) The | ||
| commission shall establish a Texas Derby escrow purse fund. | ||
| (b) The commission shall by rule establish a schedule of | ||
| entrance fees for participants in each Texas Derby. A portion | ||
| determined by the commission of each entrance fee shall be | ||
| deposited in the Texas Derby escrow purse fund. | ||
| (c) Notwithstanding Section 3.09 of this Act or any other | ||
| law, the commission by rule shall determine a portion of the fees, | ||
| charges, and other revenue collected under this Act to be deposited | ||
| to the credit of the Texas Derby escrow purse fund as reasonably | ||
| necessary to maintain competitive purses for each Texas Derby. | ||
| (d) The commission by rule may assess under this Act | ||
| 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 Article 9 of this Act or the escrowed purse account under | ||
| Section 6.091(e) of this Act to fund the Texas Derby escrow purse | ||
| fund; or | ||
| (2) order a 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) Other than as provided by this section, no other state | ||
| revenue may be deposited to the credit of the Texas Derby escrow | ||
| purse fund. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the Texas Racing Commission shall adopt the rules | ||
| necessary to implement Section 9A.003, Texas Racing Act (Article | ||
| 179e, Vernon's Texas Civil Statutes), as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 254 was passed by the House on May 13, | ||
| 2011, by the following vote: Yeas 101, Nays 34, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 254 on May 24, 2011, by the following vote: Yeas 118, Nays 23, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 254 was passed by the Senate, with | ||
| amendments, on May 21, 2011, by the following vote: Yeas 29, Nays | ||
| 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
