81R10873 PMO-F
By: Lucio III H.B. No. 4640
A BILL TO BE ENTITLED
AN ACT
relating to regulation of pari-mutuel racing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.03(44), Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes), is amended to read as
follows:
(44) "Combination" means a combination of races,
including a combination of one or more races conducted by one or
more racetracks in different racing jurisdictions.
SECTION 2. Section 6.06(a), Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes), is amended to read as follows:
(a) To preserve and protect the public health, welfare, and
safety, the commission shall adopt rules relating to license
applications, the financial responsibility, moral character, and
ability of applicants, and all matters relating to the planning,
construction, and operation of racetracks. The commission may
refuse to issue a racetrack license or may revoke or suspend a
license if, after notice and hearing, it has reasonable grounds to
believe and finds that:
(1) the applicant has been convicted in a court of
competent jurisdiction of a violation of this Act or any rule
adopted by the commission or that the applicant has aided, abetted,
or conspired with any person to commit such a violation;
(2) the applicant has been convicted of a felony or of
any crime involving moral turpitude, including convictions for
which the punishment received was a suspended sentence, probation,
or a nonadjudicated conviction, that is reasonably related to the
applicant's present fitness to hold a license under this Act;
(3) the applicant has violated or has caused to be
violated this Act or a rule of the commission in a manner that
involves moral turpitude, as distinguished from a technical
violation of this Act or of a rule;
(4) the applicant is unqualified, by experience or
otherwise, to perform the duties required of a licensee under this
Act;
(5) the applicant failed to answer or falsely or
incorrectly answered a question in an application;
(6) the applicant fails to disclose the true ownership
or interest in a greyhound or horse as required by the rules of the
commission;
(7) the applicant is indebted to the state for any fees
or for the payment of a penalty imposed by this Act or by a rule of
the commission;
(8) the applicant is not of good moral character or the
applicant's reputation as a peaceable, law-abiding citizen in the
community where the applicant resides is bad;
(9) the applicant has not yet attained the minimum age
necessary to purchase alcoholic beverages in this state;
(10) the applicant 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;
(11) the applicant may be excluded from a track
enclosure under this Act;
(12) [the applicant has not been a United States
citizen residing in this state for the period of 10 consecutive
years immediately preceding the filing of the application;
[(13)] the applicant has improperly used a license
certificate, credential, or identification card issued under this
Act;
(13) [(14)] the applicant is residentially domiciled
with a person whose license has been revoked for cause within the 12
months immediately preceding the date of the present application;
(14) [(15)] the applicant 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 permit is
sought are located;
(15) [(16)] the applicant is engaged or has engaged in
activities or practices that the commission finds are detrimental
to the best interests of the public and the sport of greyhound
racing or horse racing; or
(16) [(17)] the applicant fails to fully disclose the
true owners of all interests, beneficial or otherwise, in a
proposed racetrack facility.
SECTION 3. Section 6.091(e), Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes), is amended to read as
follows:
(e) The purse set aside under Subsection (c)(4) of this
section shall be deposited into an escrow account in the registry of
the commission. 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 to
which horse racetracks the escrowed purse account shall be
allocated and in what percentages, taking into consideration:
(1) purse levels, racing opportunities, and the
financial status of the requesting racetrack; or
(2) a written agreement executed by the horse
racetracks. [The first distribution of the escrowed purse account
allocated to a racetrack under this section may not be made before
October 1, 1998.]
SECTION 4. Section 7.02(a), Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes), is amended to read as follows:
(a) Each person [, other than a spectator or person placing
a wager,] involved in any capacity with racing with pari-mutuel
wagering under this Act must obtain a license under this article,
except:
(1) a spectator;
(2) a person placing a wager; or
(3) a person who acts only as a concessionaire.
SECTION 5. Section 8.01, Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 8.01. ALLOCATION. (a) The commission:
(1) shall allocate the live and simulcast racing days
for the conduct of live and simulcast racing at each racetrack
licensed under this Act;
(2) may reallocate a race date from one racetrack to
another racetrack; and
(3) shall adopt rules governing the transfer of purse
funds to a racetrack to which the commission reallocates a race date
under Subdivision (2) of this subsection.
(b) Each racetrack shall accord reasonable access to races
for all breeds of horses as determined by the racetrack through
negotiations with the representative state breed registry with the
final approval of the commission. In granting approval, the
commission shall consider the factors of availability of
competitive horses, economic feasibility, and public interest.
(c) In allocating race dates under this section, the
commission shall consider live race dates separately from simulcast
race dates.
(d) The commission may prohibit Sunday racing unless the
prohibition would conflict with another provision of this Act.
SECTION 6. Sections 6.06(c) and (d), Texas Racing Act
(Article 179e, Vernon's Texas Civil Statutes), are repealed.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.