Bill Text: TX SB1969 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the nonsubstantive revision of the Texas Racing Act, including conforming amendments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on . . . . . . . . . . . . . . . [SB1969 Detail]
Download: Texas-2017-SB1969-Engrossed.html
Bill Title: Relating to the nonsubstantive revision of the Texas Racing Act, including conforming amendments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on . . . . . . . . . . . . . . . [SB1969 Detail]
Download: Texas-2017-SB1969-Engrossed.html
By: Kolkhorst | S.B. No. 1969 |
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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 [ |
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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 ([ |
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advertising in programs, and to supplement purses for races even | ||
though the licensees under that subtitle [ |
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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 [ |
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(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) [ |
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Occupations Code [ |
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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 ([ |
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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 ([ |
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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 ([ |
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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 [ |
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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 ([ |
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(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 [ |
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and is not communicated in violation of Section 2033.013, | ||
Occupations Code [ |
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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 | ||
([ |
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(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 ([ |
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Act [ |
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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 [ |
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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 [ |
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(2) be exempt from federal income taxes as an | ||
organization described by Section 501(c)(3), (4), or (5), Internal | ||
Revenue Code of 1986[ |
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(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 ([ |
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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. |