Bill Text: TX SB1969 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the nonsubstantive revision of the Texas Racing Act, including conforming amendments.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-06-15 - Effective on . . . . . . . . . . . . . . . [SB1969 Detail]

Download: Texas-2017-SB1969-Enrolled.html

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S.B. No. 1969

AN ACT
relating to the nonsubstantive revision of the Texas Racing Act,
including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF THE TEXAS RACING ACT
SECTION 1.01. Title 13, Occupations Code, is amended by
adding Subtitle A-1 to read as follows:
SUBTITLE A-1. TEXAS RACING ACT
CHAPTER 2021. GENERAL PROVISIONS
CHAPTER 2022. TEXAS RACING COMMISSION
CHAPTER 2023. COMMISSION AND RACE MEETING OFFICIAL POWERS
AND DUTIES
CHAPTER 2024. POWERS AND DUTIES OF COMPTROLLER
CHAPTER 2025. LICENSING
CHAPTER 2026. RACETRACK OPERATION AND PREMISES
CHAPTER 2027. WAGERING
CHAPTER 2028. PARI-MUTUEL POOLS, PURSES, AND FEES
CHAPTER 2029. ALLOCATION OF RACING DAYS
CHAPTER 2030. TEXAS-BRED HORSES AND GREYHOUNDS
CHAPTER 2031. TEXAS DERBIES
CHAPTER 2032. LIVESTOCK SHOWS, EXHIBITS, AND FAIRS
CHAPTER 2033. CRIMINAL AND ADMINISTRATIVE PENALTIES;
DISCIPLINARY POWERS
CHAPTER 2034. UNLAWFUL INFLUENCE ON RACING
CHAPTER 2035. LOCAL OPTION ELECTION TO LEGALIZE
PARI-MUTUEL WAGERING
SUBTITLE A-1. TEXAS RACING ACT
CHAPTER 2021. GENERAL PROVISIONS
Sec. 2021.001. SHORT TITLE
Sec. 2021.002. PURPOSE
Sec. 2021.003. GENERAL DEFINITIONS
Sec. 2021.004. DEFINITIONS USED IN ADMINISTERING THIS
SUBTITLE
Sec. 2021.005. PRECEDENCE OF SUIT UNDER TITLE
Sec. 2021.006. RELEASE OF CIVIL LIABILITY
Sec. 2021.007. FEE OR PAYMENT IN LIEU OF OTHER STATE
TAXES AND FEES
Sec. 2021.008. SUNSET PROVISION
CHAPTER 2021. GENERAL PROVISIONS
Sec. 2021.001. SHORT TITLE. This subtitle may be cited as
the Texas Racing Act. (V.A.C.S. Art. 179e, Sec. 1.01.)
Sec. 2021.002. PURPOSE. The purpose of this subtitle is to
provide for the strict regulation of horse racing and greyhound
racing and the control of pari-mutuel wagering in connection with
that racing. (V.A.C.S. Art. 179e, Sec. 1.02.)
Sec. 2021.003. GENERAL DEFINITIONS. In this subtitle:
(1) "Accredited Texas-bred horse" means a Texas-bred
horse that meets the accreditation requirements of the state horse
breed registry for that breed of horse.
(2) "Active license" means a racetrack license
designated by the commission as active.
(3) "Appaloosa horse" means a horse that is registered
by the Appaloosa Horse Club.
(4) "Applicant" means a person with a legal,
equitable, or beneficial interest in a license application.
(5) "Arabian horse" means a horse that is registered
by the Arabian Horse Association or by the Canadian Arabian Horse
Registry.
(6) "Breakage" means the odd cents by which the amount
payable on each dollar wagered exceeds a multiple of 10 cents,
except in a minus pool, in which the breakage must be in multiples
of five cents.
(7) "Child" means an individual younger than 16 years
of age.
(8) "Commission" means the Texas Racing Commission.
(9) "Concessionaire" means a person licensed by the
commission to sell refreshments or souvenirs at a racetrack.
(10) "Contraband" means:
(A) an item the possession of which is unlawful
under this subtitle, a commission rule, or other law;
(B) an item that might reasonably have the effect
of unnaturally depressing, stimulating, or exciting an animal
during a race in a manner contrary to this subtitle or a commission
rule, including a prohibited device or prohibited substance; or
(C) a document, including a credential or forged
ticket, possessed or used by an individual in violation of this
subtitle or a commission rule.
(11) "Credential" means any document indicating
authority or permission under this subtitle, including a license,
certificate, and identification card.
(12) "Cross-species simulcast signal" means a
simulcast signal of a horse race at a greyhound racetrack or a
simulcast signal of a greyhound race at a horse racetrack.
(13) "Enclosure" means all areas of a racetrack
association's grounds, including the parking area, to which
admission is ordinarily obtained only on payment of an admission
fee or presentation of an official credential.
(14) "Executive director" means the executive
director of the commission.
(15) "Greyhound" means a purebred greyhound dog
registered by the National Greyhound Association.
(16) "Greyhound racing" means any race in which two or
more greyhounds engage in a contest of speed or endurance or pursue
a mechanical lure.
(17) "Greyhound racing day" means a day on which a
racetrack association conducts greyhound racing. "One racing day"
means a period beginning at noon and ending at 2 a.m. the next
calendar day, other than a day on which a matinee performance is
conducted.
(18) "Horse race meeting" means the conducting of
horse races on a day or during a period of consecutive or
nonconsecutive days.
(19) "Horse racing day" means the 24-hour period
ending at 12 midnight.
(20) "Horsemen's organization" means an organization
recognized by the commission that:
(A) represents horse owners and trainers in
negotiating and contracting with racetrack associations on
subjects relating to racing; and
(B) represents and advocates the interests of
horse owners and trainers before administrative, legislative, and
judicial forums.
(21) "Inactive license" means a racetrack license
designated by the commission as inactive.
(22) "Judge" means a racing official with general
authority and supervision over:
(A) the conduct of a greyhound race meeting; and
(B) all license holders at a racetrack during a
greyhound race meeting.
(23) "Live pari-mutuel pool" means the total amount of
money wagered by patrons on the result of a particular live race or
combination of live races within the enclosure of the racetrack
association where the race is being run.
(24) "Maiden" means a horse that has never won a race
at a race meeting authorized by the commission or by another racing
jurisdiction.
(25) "Matinee performance" means any performance
starting between 10 a.m. and 5 p.m. on a day other than Sunday.
(26) "Minor" means an individual younger than 21 years
of age.
(27) "Multiple wagering" means wagering on two or more
animals in one race or on one or more animals in more than one race.
"Multiple two wagering" means wagering on two animals in one or more
races. "Multiple three wagering" means wagering on three or more
animals in one or more races.
(28) "National historic district" means a district
included in or eligible for inclusion in the National Register of
Historic Places under 54 U.S.C. Section 302101 et seq.
(29) "Nonprofit corporation" means a nonprofit
corporation governed by Chapter 22, Business Organizations Code,
that:
(A) does not distribute any of its income to its
members, officers, or governing body, other than as reasonable
compensation for services;
(B) has a governing body or officers elected by a
vote of members or by a vote of delegates elected by the members;
and
(C) has obtained an exemption under Section 501
of the Internal Revenue Code of 1986.
(30) "Outstanding ticket" means a pari-mutuel ticket
not presented for payment before the end of the horse racing day or
greyhound racing day for which the ticket was purchased.
(31) "Paint horse" means a horse that is registered by
the American Paint Horse Association.
(32) "Pari-mutuel pool" means the total amount of
money wagered by patrons on the result of a particular race or
combination of races, divided into separate mutuel pools for win,
place, show, or combinations.
(33) "Pari-mutuel voucher" means a bearer instrument,
issued by a pari-mutuel wagering machine, that represents money
owned by a wagering patron and held by a racetrack association,
including winnings from a pari-mutuel wager.
(34) "Pari-mutuel wagering" means the form of wagering
on the outcome of horse racing or greyhound racing in which persons
who wager purchase tickets of various denominations on an animal or
animals and all wagers for each race are pooled and held by the
racetrack association for distribution of the total amount, less
the deductions authorized by this subtitle, to holders of tickets
on the winning animals.
(35) "Performance" means the consecutive running of a
specified number of greyhound races as determined by the
commission.
(36) "Person" includes any individual or entity
capable of holding a legal or beneficial interest in property.
(37) "Prohibited device" means:
(A) a spur or an electrical or other device
prohibited by a commission rule regulating the unlawful influence
of a race; or
(B) a device specifically designed, made, or
adapted to influence or affect the outcome of a race in a manner
contrary to this subtitle or a commission rule.
(38) "Prohibited substance" means a drug, chemical, or
other substance that:
(A) in use or in intended use, is reasonably
capable of influencing or affecting the outcome of a race in a
manner contrary to this subtitle or a commission rule; and
(B) is prohibited by a commission rule regulating
the unlawful influence of a race.
(39) "Quarter horse" means a horse that is registered
by the American Quarter Horse Association.
(40) "Race" includes a live audio and visual signal of
a race.
(41) "Racetrack" means a facility licensed under this
subtitle for the conduct of pari-mutuel wagering on horse racing or
greyhound racing.
(42) "Racetrack association" means a person licensed
under this subtitle to conduct a horse race meeting or a greyhound
race meeting with pari-mutuel wagering.
(43) "Receiving location" means a racetrack
association in this state that has been allocated live and
simulcast race dates or a facility not located in this state that is
authorized to conduct wagering under the law of the jurisdiction in
which it is located.
(44) "Regular wagering" means wagering on a single
horse or greyhound in a single race. The term includes wagering on
the win pool, the place pool, or the show pool.
(45) "Sending track" means any licensed track for
horse or greyhound racing in this state or another state from which
a race is transmitted.
(46) "Simulcast" means the telecast or other
transmission of live audio and visual signals of a race,
transmitted from a sending track to a receiving location, for the
purpose of wagering conducted on the race at the receiving
location.
(47) "Simulcast pari-mutuel pool" means the total
amount of money wagered by patrons at a racetrack in this state on
the result of a particular simulcast race or combination of
simulcast races.
(48) "State horse breed registry" means a designated
association administering accredited Texas-bred horse requirements
for a specific breed of horses.
(49) "Steward" means a racing official with general
authority and supervision over:
(A) the conduct of a horse race meeting; and
(B) all license holders at a racetrack during a
horse race meeting.
(50) "Texas-bred horse" means a horse qualified under
commission rules that is:
(A) sired by a stallion standing in Texas at the
time of conception and foaled by a mare in Texas;
(B) foaled by a mare bred outside Texas and
brought into Texas to foal at any time in the mare's lifetime if the
mare is bred back to a stallion standing in Texas; or
(C) a Thoroughbred or Arabian horse foaled in
Texas by an accredited Texas-bred mare if the mare was bred outside
Texas and returned to Texas on or before August 15 of the calendar
year of conception.
(51) "Thoroughbred horse" means a horse that is
registered by the Jockey Club.
(52) "Thoroughbred racing" means the form of horse
racing in which Thoroughbred horses mounted by jockeys engage in a
race.
(53) "Touting" means an offense described by Section
2033.013 or a similar offense under the laws of another state.
(54) "Trainer" means a person who is licensed by the
commission to train horses or greyhounds.
(55) "Veterinarian" means a person licensed under
Chapter 801. (V.A.C.S. Art. 179e, Secs. 1.03(1), (2), (3), (6),
(7), (8), (9), (11), (13), (15), (17), (18), (19), (20), (21), (22),
(24), (25), (26), (35), (36), (42), (43), (45), (46), (47), (48),
(50), (51), (52), (53), (54), (57), (59), (60), (61), (62), (63),
(64), (65), (66), (68), (69), (70), (71), (72), (73), (74), (75),
(76), (77), (78), (79), (80), (81).)
Sec. 2021.004. DEFINITIONS USED IN ADMINISTERING SUBTITLE.
For the purpose of administering this subtitle:
(1) "Authorized agent" means a person appointed by an
owner of a horse to represent the owner. The term is limited to a
person who is appointed by a written instrument that the commission
acknowledges and approves.
(2) "Clerk of scales" means a racetrack official who
is responsible for weighing a jockey before and after a race.
(3) "Handicapper" means a person who predicts the
winner of a horse race.
(4) "Horseshoe inspector" means a racetrack official
who inspects the shoes of the horses entered in a race.
(5) "Jockey" or "apprentice jockey" means a
professional rider licensed by the commission to ride in horse
races.
(6) "Jockey room custodian" means a person who
maintains the premises of a room in which jockeys prepare for a
race.
(7) "Official starter" means a racetrack official who
is in charge of the start of a race.
(8) "Paddock judge" means a racetrack official who
supervises animals entered in a race while the animals are
assembled before the beginning of a race in an enclosure on the
grounds of a racetrack.
(9) "Patrol judge" means a racetrack official who is
stationed at a set point along the racetrack to monitor the running
of a race.
(10) "Quarter horse racing" means the form of horse
racing in which quarter horses mounted by jockeys engage in a race.
(11) "Stable foreman" means the person in charge of
the building in which horses are lodged and fed.
(12) "Timer" means a racetrack official who times the
running of a race. (V.A.C.S. Art. 179e, Secs. 1.03(10), (27), (28),
(30), (31), (32), (34), (37), (38), (39), (40), (41); New.)
Sec. 2021.005. PRECEDENCE OF SUIT UNDER TITLE. A court
shall accelerate the disposition of an action brought under this
subtitle. (V.A.C.S. Art. 179e, Secs. 16.16, 18.04.)
Sec. 2021.006. RELEASE OF CIVIL LIABILITY. A commission
member, a commission employee, a steward or judge, a racetrack
association, a horsemen's organization, or any other person
regulated under this subtitle is not liable for a cause of action
that arises out of that person's performance or exercise of
discretion in the implementation or enforcement of this subtitle or
a rule adopted under this subtitle if the person has acted in good
faith. (V.A.C.S. Art. 179e, Sec. 18.06.)
Sec. 2021.007. FEE OR PAYMENT IN LIEU OF OTHER STATE TAXES
AND FEES. (a) A fee or payment collected by this state under this
subtitle is in lieu of any other fee, payment, or tax imposed by
this state.
(b) This section does not preclude the application of:
(1) the sales tax or an increase in the sales tax to
the sale or purchase of a taxable item by a person licensed under
this subtitle; or
(2) the franchise tax to a person licensed under this
subtitle. (V.A.C.S. Art. 179e, Sec. 18.05.)
Sec. 2021.008. SUNSET PROVISION. (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, 2023.
(b) If, at the time the commission would be abolished under
Subsection (a), a racetrack association has outstanding long-term
liabilities:
(1) the racetrack association may continue to operate
for a period not to exceed one year after those liabilities are
satisfied; and
(2) the commission and this subtitle are continued in
effect for the purpose of regulating that racetrack association
under this subtitle.
(c) If the commission and this subtitle are continued in
effect under Subsection (b), the commission is abolished and this
subtitle expires on the first day of the state fiscal year following
the state fiscal year in which the commission certifies to the
secretary of state that no racetrack associations are operating
under the terms of Subsection (b).
(d) A racetrack association that continues to operate under
Subsection (b) may not incur any new liability without commission
approval. At the beginning of that period, the commission shall:
(1) review the outstanding liabilities of the
racetrack association; and
(2) set a specific date by which the racetrack
association must retire its outstanding liabilities.
(e) Notwithstanding any contrary contract provision, a
racetrack association may prepay any debt incurred by the racetrack
association in conducting racing under this subtitle. (V.A.C.S. Art. 179e, Sec. 18.01.)
CHAPTER 2022. TEXAS RACING COMMISSION
SUBCHAPTER A. COMPOSITION AND OPERATION
Sec. 2022.001. COMMISSION MEMBERSHIP
Sec. 2022.002. TERM OF OFFICE
Sec. 2022.003. FINANCIAL STATEMENT REQUIRED
Sec. 2022.004. RESTRICTIONS ON COMMISSION APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT
Sec. 2022.005. GROUNDS FOR REMOVAL
Sec. 2022.006. MEMBER TRAINING
Sec. 2022.007. MEMBER PER DIEM AND REIMBURSEMENT FOR
EXPENSES
Sec. 2022.008. PRESIDING OFFICER
Sec. 2022.009. COMMISSION MEETINGS; RECORD OF
COMMISSION VOTES
Sec. 2022.010. COMMISSION OFFICES
Sec. 2022.011. MONEY PAID TO COMMISSION
Sec. 2022.012. LEGAL REPRESENTATION
Sec. 2022.013. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES
Sec. 2022.014. PUBLIC PARTICIPATION
SUBCHAPTER B. COMMISSION STAFF
Sec. 2022.051. EXECUTIVE DIRECTOR; DUTIES
Sec. 2022.052. EMPLOYEES; RESTRICTIONS ON EMPLOYMENT
Sec. 2022.053. COMMISSION INVESTIGATORS
Sec. 2022.054. CAREER LADDER; PERFORMANCE EVALUATIONS
Sec. 2022.055. EQUAL EMPLOYMENT OPPORTUNITY POLICY
Sec. 2022.056. DIVISION OF RESPONSIBILITY
Sec. 2022.057. BACKGROUND CHECKS AND QUALIFICATION
CRITERIA
Sec. 2022.058. PROHIBITION ON EMPLOYMENT OF FORMER
COMMISSION MEMBERS OR EMPLOYEES BY
RACETRACK ASSOCIATION; CRIMINAL PENALTY
SUBCHAPTER C. RECORDS AND INFORMATION
Sec. 2022.101. PUBLIC INTEREST INFORMATION
Sec. 2022.102. INFORMATION RELATING TO COMPLAINT
PROCEDURES
Sec. 2022.103. COMMISSION INVESTIGATIVE FILES
CONFIDENTIAL
Sec. 2022.104. INTERAGENCY SHARING OF RECORDS
Sec. 2022.105. BOOKS AND RECORDS; INSPECTION
Sec. 2022.106. PUBLIC INSPECTION OF RECORDS
CHAPTER 2022. TEXAS RACING COMMISSION
SUBCHAPTER A. COMPOSITION AND OPERATION
Sec. 2022.001. COMMISSION MEMBERSHIP. (a) The commission
consists of:
(1) seven members appointed by the governor with the
advice and consent of the senate; and
(2) two ex officio members who have the right to vote.
(b) The ex officio members are:
(1) the chair of the Public Safety Commission, or a
member of the Public Safety Commission designated by the chair; and
(2) the comptroller or the comptroller's designee.
(c) Of the appointed commission members:
(1) five members must be representatives of the
general public and have general knowledge of business or
agribusiness;
(2) one additional member must have special knowledge
or experience related to horse racing; and
(3) one additional member must have special knowledge
or experience related to greyhound racing.
(d) At least one of the members appointed under Subsection
(c)(1) may be a veterinarian. Holding a veterinarian's license
satisfies the requirement that the person have general knowledge of
business or agribusiness.
(e) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(f) In making appointments to the commission, the governor
shall attempt to reflect the minority groups found in the state's
general populace. (V.A.C.S. Art. 179e, Secs. 2.02, 2.05(a) (part).)
Sec. 2022.002. TERM OF OFFICE. (a) Appointed commission
members hold office for staggered terms of six years with the terms
of two or three members expiring February 1 of each odd-numbered
year.
(b) An ex officio member holds office on the commission for
the time the member holds the member's other office. (V.A.C.S. Art.
179e, Secs. 2.03(a) (part), (b).)
Sec. 2022.003. FINANCIAL STATEMENT REQUIRED. (a) Each
appointed commission member and the executive director is an
"appointed officer of a major state agency" for purposes of Chapter
572, Government Code.
(b) An appointed commission member shall file a detailed
financial statement with the secretary of state of the type
required by the Texas Department of Banking in the application for a
state bank charter. The financial statement is public information
under Chapter 552, Government Code. (V.A.C.S. Art. 179e, Sec.
2.06.)
Sec. 2022.004. RESTRICTIONS ON COMMISSION APPOINTMENT,
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
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
Sec. 2025.104. DESIGNATION OF RACETRACK LICENSE AS
ACTIVE OR INACTIVE
Sec. 2025.105. RENEWAL OF INACTIVE RACETRACK LICENSE;
FEES
Sec. 2025.106. COMMISSION REVIEW OF ACTIVE RACETRACK
LICENSE; FEE
Sec. 2025.107. RACETRACK LICENSE NOT TRANSFERABLE;
TEMPORARY LICENSE
Sec. 2025.108. RACETRACK LICENSE ANNUAL FEE
SUBCHAPTER D. GREYHOUND RACETRACK LICENSES
Sec. 2025.151. LIMITATION ON NUMBER OF GREYHOUND
RACETRACK LICENSES
Sec. 2025.152. LOCATION RESTRICTION FOR GREYHOUND
RACETRACK
SUBCHAPTER E. DISCIPLINARY ACTION FOR RACETRACK LICENSE HOLDERS
Sec. 2025.201. GROUNDS FOR DENIAL, REVOCATION, OR
SUSPENSION OF RACETRACK LICENSE
Sec. 2025.202. DISCIPLINARY ACTION; ADMINISTRATIVE
PENALTY
Sec. 2025.203. SUMMARY SUSPENSION
Sec. 2025.204. SUMMARY SUSPENSION HEARING
Sec. 2025.205. SUMMARY SUSPENSION FINAL ORDER
SUBCHAPTER F. OCCUPATIONAL LICENSES
Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED
Sec. 2025.252. LICENSE CATEGORIES
Sec. 2025.253. EXAMINATION NOTIFICATION
Sec. 2025.254. ISSUANCE OF LICENSE
Sec. 2025.255. ISSUANCE OF IDENTIFICATION CARD
Sec. 2025.256. LICENSE FEES
Sec. 2025.257. TERM OF LICENSE; RENEWAL
Sec. 2025.258. CRIMINAL HISTORY RECORD INFORMATION
Sec. 2025.259. LICENSE VALID THROUGHOUT STATE
Sec. 2025.260. TEMPORARY LICENSES
Sec. 2025.261. RECIPROCAL LICENSES; OUT-OF-STATE
APPLICANTS
Sec. 2025.262. GROUNDS FOR DENIAL, REVOCATION, AND
SUSPENSION OF OCCUPATIONAL LICENSE
CHAPTER 2025. LICENSING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2025.001. COMMISSION LICENSING DUTIES. (a) To
preserve and protect the public health, welfare, and safety, the
commission shall adopt rules relating to license applications and
the financial responsibility, moral character, and ability of
applicants.
(b) The commission shall prescribe application forms for
licenses issued under this subtitle and shall provide each
occupational license holder with a credential.
(c) The commission shall annually prescribe reasonable
license fees for each category of license issued under this
subtitle.
(d) The commission by rule shall set fees in amounts
reasonable and necessary to cover the commission's costs of
regulating, overseeing, and licensing live and simulcast racing at
racetracks. (V.A.C.S. Art. 179e, Secs. 5.01(a), (b), (d), 6.06(a)
(part).)
Sec. 2025.002. LICENSE AS PRIVILEGE. The operation of a
racetrack and the participation in racing are privileges, not
rights, granted only by the commission by license and subject to
reasonable and necessary conditions set by the commission.
(V.A.C.S. Art. 179e, Sec. 5.01(c).)
Sec. 2025.003. FINGERPRINTS REQUIRED. (a) An applicant
for a license or license renewal under this subtitle must, except as
otherwise provided by Section 2025.261, submit to the commission a
complete set of fingerprints for:
(1) the applicant; or
(2) if the applicant is not an individual, each
officer or director of, and each person who owns at least a five
percent interest in, the applicant.
(b) The Department of Public Safety may request any person
owning any interest in an applicant for a racetrack license to
submit a complete set of fingerprints.
(c) A peace officer of any state, or any district office of
the commission, shall take the fingerprints of an applicant for a
license or license renewal on forms approved and furnished by the
Department of Public Safety and immediately deliver the forms to
the commission.
(d) If a complete set of fingerprints is required by the
commission, the commission shall, not later than the 10th business
day after the date the commission receives the fingerprints,
forward the fingerprints to the Department of Public Safety or the
Federal Bureau of Investigation. If the fingerprints are forwarded
to the Department of Public Safety, the department shall:
(1) classify the fingerprints and check the
fingerprints against the department's fingerprint files; and
(2) report to the commission the department's findings
concerning the existence or lack of a criminal record of the
applicant.
(e) The commission may not issue a racetrack license until
the report under Subsection (d) is made to the commission. The
commission may issue a temporary occupational license before the
report is made to the commission. (V.A.C.S. Art. 179e, Sec. 5.03.)
SUBCHAPTER B. RACETRACK LICENSE APPLICATION REQUIREMENTS
Sec. 2025.051. RACETRACK LICENSE REQUIRED; CRIMINAL
PENALTY. A person may not conduct wagering on a horse or greyhound
race meeting without first obtaining a racetrack license issued by
the commission. A person who violates this section commits an
offense. (V.A.C.S. Art. 179e, Sec. 6.01.)
Sec. 2025.052. APPLICATION. (a) The commission shall
require each applicant for an original racetrack license to submit
an application, on a form prescribed by the commission, containing
the following information:
(1) if the applicant is an individual:
(A) the individual's full name;
(B) the individual's date of birth;
(C) the individual's physical description;
(D) the individual's current address and
telephone number; and
(E) a statement by the individual disclosing any
arrest or conviction for a felony or for a misdemeanor, except a
misdemeanor under Subtitle C, Title 7, Transportation Code, or a
similar misdemeanor traffic offense;
(2) if the applicant is a corporation:
(A) the state of incorporation;
(B) the names and addresses of the corporation's
agents for service of process in this state;
(C) the name and address of each officer and
director of the corporation;
(D) the name and address of each stockholder of
the corporation;
(E) for each individual named under this
subdivision, the information required by Subdivision (1); and
(F) identification of:
(i) any other beneficial owner of a share in
the applicant that has absolute or contingent voting rights;
(ii) any other person who directly or
indirectly exercises any participation in the applicant; and
(iii) any other ownership interest in the
applicant that the applicant making its best effort is able to
identify;
(3) if the applicant is an unincorporated business
association:
(A) the name and address of each member of the
association and, for each individual named under this subdivision,
the information required by Subdivision (1); and
(B) identification of:
(i) any other person who exercises voting
rights in the applicant or directly or indirectly exercises any
participation in the applicant; and
(ii) any other ownership interest in the
applicant that the applicant making its best effort is able to
identify;
(4) the exact location at which a race meeting is to be
conducted;
(5) if the racetrack is in existence, whether it is
owned by the applicant and, if leased to the applicant:
(A) the name and address of the owner; and
(B) if the owner is a corporation or
unincorporated business association, the name and address of each
officer and director, any stockholder or member, and each agent for
service of process in this state;
(6) if construction of the racetrack has not been
initiated, whether it is to be owned by the applicant and, if it is
to be leased to the applicant:
(A) the name and address of the prospective
owner; and
(B) if the owner is a corporation or
unincorporated business association, the information required by
Subdivision (5)(B);
(7) identification of:
(A) any other beneficial owner of a share that
has absolute or contingent voting rights in the owner or
prospective owner of the racetrack;
(B) any other person that directly or indirectly
exercises any participation in the owner or prospective owner; and
(C) all other ownership interest in the owner or
prospective owner that the applicant making its best effort is able
to identify;
(8) a detailed statement of the applicant's assets and
liabilities;
(9) the type of racing to be conducted and the dates
requested;
(10) proof of residency as required by Section
2025.201; and
(11) any other information required by the commission.
(b) An application must be sworn to:
(1) by the applicant; or
(2) if the applicant is a corporation or association,
by its chief executive officer.
(c) If the applicant is a nonprofit corporation, only
directors and officers of the corporation must disclose the
information required under Subsection (a)(2). (V.A.C.S. Art. 179e,
Secs. 6.03(a) (part), (c), (f).)
Sec. 2025.053. APPLICATION FEE. (a) The commission shall
require each applicant for an original racetrack license to pay the
required application fee. The fee must accompany the application
and be paid in the form of a cashier's check or certified check.
(b) The commission shall set application fees in amounts
reasonable and necessary to cover the costs of administering this
subtitle. The commission by rule shall establish a schedule of
application fees for the various types and classifications of
racetracks using minimum application fees. The minimum application
fee:
(1) for a horse racetrack is:
(A) $15,000 for a class 1 racetrack;
(B) $7,500 for a class 2 racetrack;
(C) $2,500 for a class 3 racetrack; and
(D) $1,500 for a class 4 racetrack; and
(2) for a greyhound racetrack is $20,000.
(c) Notwithstanding this section, if a licensed racetrack
petitions for a higher racetrack classification, the commission
shall impose fees equal to the difference between the fees
previously paid and the fees required for the higher
classification. (V.A.C.S. Art. 179e, Secs. 6.03(a) (part), (d),
(e), (i).)
Sec. 2025.054. MANAGEMENT, CONCESSION, AND TOTALISATOR
CONTRACTS. (a) The commission shall require each applicant for an
original racetrack license to submit with the application for
inspection and review by the commission a copy of each management,
concession, and totalisator contract associated with the proposed
license at the proposed location in which the applicant has an
interest.
(b) An applicant or license holder shall advise the
commission of any change in any management, concession, or
totalisator contract.
(c) The criminal history record information, fingerprint,
and other information required of a license applicant under
Sections 2023.057, 2025.003, and 2025.052(a)(1)-(3) are required
of proposed totalisator firms, concessionaires, and managers and
management firms. (V.A.C.S. Art. 179e, Sec. 6.03(a) (part).)
Sec. 2025.055. CONFIDENTIALITY OF APPLICATION DOCUMENTS.
Documents submitted to the commission under Sections
2025.051-2025.054 by an applicant 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. (V.A.C.S. Art. 179e,
Sec. 6.03(b) (part).)
Sec. 2025.056. BACKGROUND CHECK. (a) The commission shall
require a complete personal, financial, and business background
check of the applicant or of any person who owns an interest in or
exercises control over an applicant for a racetrack license,
including the partners, stockholders, concessionaires, management
personnel, management firms, and creditors.
(b) The commission shall refuse to issue or renew a license
if, in the commission's sole discretion, the background checks
reveal anything that may be detrimental to the public interest or
the racing industry.
(c) The commission may not hold a hearing on the
application, or any part of the application, of a racetrack license
applicant before the 14th day after the date the completed
background check of the applicant has been on file with the
commission. (V.A.C.S. Art. 179e, Sec. 6.031 (part).)
Sec. 2025.057. BOND. (a) The commission may, at any time,
require a holder of or applicant for a racetrack license to post
security in an amount reasonably necessary, as provided by
commission rule, to adequately ensure the license holder's or
applicant's compliance with substantive requirements of this
subtitle and commission rules.
(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
deposit in a bank, savings and loan institution, or credit union.
(c) The security described by Subsection (b) must be:
(1) conditioned on compliance with this subtitle and
commission rules adopted under this subtitle; and
(2) returned after satisfying the conditions of the
security. (V.A.C.S. Art. 179e, Sec. 6.032.)
Sec. 2025.058. NOTIFICATION OF COMPLETED APPLICATION. When
all requirements for the applicant's licensure described in this
chapter have been satisfied, the commission shall notify the
applicant that the application is complete. (V.A.C.S. Art. 179e,
Sec. 6.04(a-1).)
SUBCHAPTER C. RACETRACK LICENSE ISSUANCE AND RENEWAL
Sec. 2025.101. LICENSE ELIGIBILITY REQUIREMENTS AND
LIMITATIONS. (a) The burden of proof is on the applicant for an
original racetrack license to show compliance with this subtitle
and commission rules. An applicant who does not show the necessary
compliance is not eligible for a license under this chapter.
(b) In considering an application for a horse racetrack
license under this chapter, the commission shall give additional
weight to evidence concerning an applicant who has experience
operating a horse racetrack licensed under this subtitle.
(c) The commission may not issue a license to operate a
class 1 or class 2 racetrack or a greyhound racetrack to a
corporation unless:
(1) the corporation is incorporated under the laws of
this state; and
(2) a majority of any of its corporate stock is owned
at all times by individuals who meet the residency qualifications
prescribed by Section 2025.201 for individual applicants.
(d) The majority ownership of a partnership, firm, or
association applying for or holding a license must be held by
citizens who meet the residency qualifications enumerated in
Section 2025.201 for individual applicants. A corporation that
holds a license to operate a racetrack under this subtitle and that
violates this subsection is subject to forfeiture of its charter.
The attorney general, on receipt of information relating to the
violation, shall file suit in a district court of Travis County for
cancellation of the charter and revocation of the license issued
under this subtitle.
(e) Subsections (c) and (d) and Section 2025.201(a)(12) do
not apply to an applicant for or the holder of a racetrack license
if the applicant, the license holder, or the license holder's
parent company is a publicly traded company.
(f) The commission may condition the issuance of a license
under this chapter on the observance of commission rules. The
commission may amend the rules at any time and may condition the
continued holding of the license on compliance with the rules as
amended.
(g) A person may not own more than a five percent interest in
more than three racetracks licensed under this subtitle.
(h) Notwithstanding any other law, a person who owns an
interest in two or more racetracks licensed under this subtitle and
who also owns an interest in a license issued under Subtitle B,
Title 3, Alcoholic Beverage Code, may own an interest in the
premises of another holder of a license or permit under Title 3,
Alcoholic Beverage Code, if the premises of that other license or
permit holder are part of the premises of a racetrack licensed under
this subtitle. (V.A.C.S. Art. 179e, Secs. 6.03(g), (h), 6.06(c),
(d) (part), (e), (h), (i), (j).)
Sec. 2025.102. QUALIFICATIONS FOR ISSUANCE OF RACETRACK
LICENSE. (a) The commission may issue a racetrack license to a
qualified person if the commission:
(1) determines that the conduct of race meetings at
the proposed racetrack and location:
(A) will be in the public interest;
(B) complies with all zoning laws; and
(C) complies with this subtitle and commission
rules; and
(2) determines by clear and convincing evidence that
the applicant will comply with all criminal laws of this state.
(b) In determining whether to grant or deny an application
for any class of racetrack license, the commission may consider:
(1) the applicant's financial stability;
(2) the applicant's resources for supplementing the
purses for races for various breeds;
(3) the location of the proposed racetrack;
(4) the effect of the proposed racetrack on traffic
flow;
(5) facilities for patrons and occupational license
holders;
(6) facilities for race animals;
(7) availability to the racetrack of support services
and emergency services;
(8) the experience of the applicant's employees;
(9) the potential for conflict with other licensed
race meetings;
(10) the anticipated effect of the race meeting on the
horse or greyhound breeding industry in this state; and
(11) the anticipated effect of the race meeting on the
state and local economy from tourism, increased employment, and
other sources.
(c) The commission shall make a determination on a pending
application not later than the 120th day after the date the
commission provides the notice required under Section 2025.058.
(V.A.C.S. Art. 179e, Secs. 6.04(a), (a-2).)
Sec. 2025.103. ISSUANCE OF TEMPORARY LICENSE. (a) After a
racetrack association has been granted a license to operate a
racetrack and before the completion of construction at the
designated place for which the license was issued, the commission
may, on application by the racetrack association, issue a temporary
license that authorizes the racetrack association to conduct races
at a location in the same county until the earlier of:
(1) the second anniversary of the date of issuance of
the temporary license; or
(2) the completion of the permanent facility.
(b) An applicant for a temporary license must pay the
application fees and post the bonds required of other license
holders before the issuance of a temporary license.
(c) The commission may set conditions and standards for
issuance of a temporary license and allocation of appropriate race
days.
(d) The commission may not issue a new temporary license or
an extension of a temporary license to a person or to an individual
belonging to a corporation or association that has been granted a
temporary license after the temporary license has expired.
(V.A.C.S. Art. 179e, Sec. 6.15.)
Sec. 2025.104. DESIGNATION OF RACETRACK LICENSE AS ACTIVE
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:
(1) holds live racing events at the racetrack; or
(2) makes good faith efforts to conduct live racing.
(c) The commission by rule shall provide guidance on actions
that constitute, for purposes of this subtitle, good faith efforts
to conduct live racing.
(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.)
Sec. 2025.105. RENEWAL OF INACTIVE RACETRACK LICENSE; FEES.
(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.
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,
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1969 passed the Senate on
April 19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1969 passed the House on
May 24, 2017, by the following vote: Yeas 146, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor