| 1 | 1 | | 81R26684 PMO-D |
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| 2 | 2 | | By: Hilderbran H.B. No. 3839 |
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| 3 | 3 | | Substitute the following for H.B. No. 3839: |
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| 4 | 4 | | By: Kuempel C.S.H.B. No. 3839 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to establishing the Texas Derby. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The Texas Racing Act (Article 179e, Vernon's |
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| 12 | 12 | | Texas Civil Statutes) is amended by adding Article 9A to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | ARTICLE 9A. TEXAS DERBY |
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| 15 | 15 | | Sec. 9A.001. TEXAS DERBY. (a) The commission shall |
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| 16 | 16 | | establish the Texas Derby as an annual grade 1 stakes race of |
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| 17 | 17 | | Texas-bred thoroughbred and quarter horses in this state. |
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| 18 | 18 | | (b) The commission shall set the date of and the location |
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| 19 | 19 | | for the Texas Derby. The Texas Derby must be held annually at one of |
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| 20 | 20 | | the class 1 racetracks in this state on a rotating basis as |
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| 21 | 21 | | determined by the commission. |
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| 22 | 22 | | (c) The date of the initial Texas Derby may not be earlier |
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| 23 | 23 | | than January 1, 2013. Not later than January 1, 2013, the |
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| 24 | 24 | | commission shall establish the annual rotation for the location of |
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| 25 | 25 | | the Texas Derby by conducting a blind drawing of the names of each |
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| 26 | 26 | | class 1 racetrack in this state. This subsection expires |
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| 27 | 27 | | January 1, 2014. |
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| 28 | 28 | | Sec. 9A.002. QUALIFYING RACES. (a) The commission shall |
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| 29 | 29 | | establish two annual races of Texas-bred thoroughbred and quarter |
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| 30 | 30 | | horses to qualify horses for entry into the Texas Derby. |
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| 31 | 31 | | (b) The commission shall establish for each qualifying |
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| 32 | 32 | | race: |
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| 33 | 33 | | (1) the date on which each race will be conducted, |
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| 34 | 34 | | provided the date is not the same for each race; and |
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| 35 | 35 | | (2) the class 1 racetrack where each qualifying race |
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| 36 | 36 | | will be conducted, provided that each race is conducted at a |
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| 37 | 37 | | different racetrack in a county with a population of at least two |
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| 38 | 38 | | million or adjacent to a county with a population of at least two |
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| 39 | 39 | | million. |
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| 40 | 40 | | (b-1) The date of a qualifying race for the initial Texas |
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| 41 | 41 | | Derby may not be earlier than January 1, 2012. This subsection |
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| 42 | 42 | | expires January 1, 2013. |
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| 43 | 43 | | (c) A horse is not eligible to run in a qualifying race or |
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| 44 | 44 | | the Texas Derby unless the horse: |
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| 45 | 45 | | (1) is a Texas-bred thoroughbred or quarter horse; and |
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| 46 | 46 | | (2) is not more than three years of age. |
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| 47 | 47 | | (d) A horse that finishes first, second, or third in a race |
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| 48 | 48 | | under this section qualifies to run in the Texas Derby race |
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| 49 | 49 | | established under Section 9A.001 of this Act. |
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| 50 | 50 | | Sec. 9A.003. INSPECTION AND EXAMINATION OF HORSE. (a) For |
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| 51 | 51 | | each qualifying race conducted under Section 9A.002 of this Act and |
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| 52 | 52 | | for the Texas Derby, the commission shall appoint a veterinarian to |
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| 53 | 53 | | supervise the inspection and examination of each horse entered in |
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| 54 | 54 | | the race to determine whether the horse is qualified to participate |
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| 55 | 55 | | in the race. |
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| 56 | 56 | | (b) The commission, in consultation with veterinarians, |
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| 57 | 57 | | shall by rule establish a list of documentation that must be |
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| 58 | 58 | | presented to the veterinarian appointed under Subsection (a) of |
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| 59 | 59 | | this section for each race to demonstrate that the horse is |
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| 60 | 60 | | qualified to run in the race. |
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| 61 | 61 | | Sec. 9A.004. TEXAS DERBY PURSE FUND. (a) The commission |
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| 62 | 62 | | shall establish a Texas Derby purse fund. |
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| 63 | 63 | | (b) The commission shall annually contribute $3 million to |
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| 64 | 64 | | the Texas Derby purse fund from money allocated and available to the |
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| 65 | 65 | | commission for any purpose, including money specifically dedicated |
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| 66 | 66 | | to purse funds. |
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| 67 | 67 | | (c) A horse racing association conducting a qualifying race |
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| 68 | 68 | | under Section 9A.002 of this Act or the Texas Derby shall: |
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| 69 | 69 | | (1) collect an entry fee from each owner of a horse |
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| 70 | 70 | | entered in the race; and |
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| 71 | 71 | | (2) remit to the commission a portion of the fees in |
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| 72 | 72 | | the amount determined by the commission to ensure that the purse for |
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| 73 | 73 | | the Texas Derby is at least $5 million, including the amount |
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| 74 | 74 | | contributed by the commission. |
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| 75 | 75 | | (d) The commission shall adopt rules for accounting, audit, |
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| 76 | 76 | | and distribution of money from the Texas Derby purse fund to winners |
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| 77 | 77 | | of the race. |
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| 78 | 78 | | SECTION 2. Notwithstanding Section 9A.004, Texas Racing Act |
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| 79 | 79 | | (Article 179e, Vernon's Texas Civil Statutes), as added by this |
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| 80 | 80 | | Act, the Texas Racing Commission may not contribute to the Texas |
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| 81 | 81 | | Derby purse fund before January 1, 2013. |
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| 82 | 82 | | SECTION 3. This Act takes effect September 1, 2009. |
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