Texas 2009 - 81st Regular

Texas Senate Bill SB1656 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10873 PMO-F
2	2	By: Wentworth S.B. No. 1656
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of pari-mutuel racing.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.03(44), Texas Racing Act (Article
10	10	179e, Vernon's Texas Civil Statutes), is amended to read as
11	11	follows:
12	12	(44) "Combination" means a combination of races,
13	13	including a combination of one or more races conducted by one or
14	14	more racetracks in different racing jurisdictions.
15	15	SECTION 2. Section 6.06(a), Texas Racing Act (Article 179e,
16	16	Vernon's Texas Civil Statutes), is amended to read as follows:
17	17	(a) To preserve and protect the public health, welfare, and
18	18	safety, the commission shall adopt rules relating to license
19	19	applications, the financial responsibility, moral character, and
20	20	ability of applicants, and all matters relating to the planning,
21	21	construction, and operation of racetracks. The commission may
22	22	refuse to issue a racetrack license or may revoke or suspend a
23	23	license if, after notice and hearing, it has reasonable grounds to
24	24	believe and finds that:
25	25	(1) the applicant has been convicted in a court of
26	26	competent jurisdiction of a violation of this Act or any rule
27	27	adopted by the commission or that the applicant has aided, abetted,
28	28	or conspired with any person to commit such a violation;
29	29	(2) the applicant has been convicted of a felony or of
30	30	any crime involving moral turpitude, including convictions for
31	31	which the punishment received was a suspended sentence, probation,
32	32	or a nonadjudicated conviction, that is reasonably related to the
33	33	applicant's present fitness to hold a license under this Act;
34	34	(3) the applicant has violated or has caused to be
35	35	violated this Act or a rule of the commission in a manner that
36	36	involves moral turpitude, as distinguished from a technical
37	37	violation of this Act or of a rule;
38	38	(4) the applicant is unqualified, by experience or
39	39	otherwise, to perform the duties required of a licensee under this
40	40	Act;
41	41	(5) the applicant failed to answer or falsely or
42	42	incorrectly answered a question in an application;
43	43	(6) the applicant fails to disclose the true ownership
44	44	or interest in a greyhound or horse as required by the rules of the
45	45	commission;
46	46	(7) the applicant is indebted to the state for any fees
47	47	or for the payment of a penalty imposed by this Act or by a rule of
48	48	the commission;
49	49	(8) the applicant is not of good moral character or the
50	50	applicant's reputation as a peaceable, law-abiding citizen in the
51	51	community where the applicant resides is bad;
52	52	(9) the applicant has not yet attained the minimum age
53	53	necessary to purchase alcoholic beverages in this state;
54	54	(10) the applicant is in the habit of using alcoholic
55	55	beverages to an excess or uses a controlled substance as defined in
56	56	Chapter 481, Health and Safety Code, or a dangerous drug as defined
57	57	in Chapter 483, Health and Safety Code, or is mentally
58	58	incapacitated;
59	59	(11) the applicant may be excluded from a track
60	60	enclosure under this Act;
61	61	(12) [the applicant has not been a United States
62	62	citizen residing in this state for the period of 10 consecutive
63	63	years immediately preceding the filing of the application;
64	64	[(13)] the applicant has improperly used a license
65	65	certificate, credential, or identification card issued under this
66	66	Act;
67	67	(13) [(14)] the applicant is residentially domiciled
68	68	with a person whose license has been revoked for cause within the 12
69	69	months immediately preceding the date of the present application;
70	70	(14) [(15)] the applicant has failed or refused to
71	71	furnish a true copy of the application to the commission's district
72	72	office in the district in which the premises for which the permit is
73	73	sought are located;
74	74	(15) [(16)] the applicant is engaged or has engaged in
75	75	activities or practices that the commission finds are detrimental
76	76	to the best interests of the public and the sport of greyhound
77	77	racing or horse racing; or
78	78	(16) [(17)] the applicant fails to fully disclose the
79	79	true owners of all interests, beneficial or otherwise, in a
80	80	proposed racetrack facility.
81	81	SECTION 3. Section 6.091(e), Texas Racing Act (Article
82	82	179e, Vernon's Texas Civil Statutes), is amended to read as
83	83	follows:
84	84	(e) The purse set aside under Subsection (c)(4) of this
85	85	section shall be deposited into an escrow account in the registry of
86	86	the commission. Any horse racetrack association in this state may
87	87	apply to the commission for receipt of all or part of the escrowed
88	88	purse account for use as purses. The commission shall determine to
89	89	which horse racetracks the escrowed purse account shall be
90	90	allocated and in what percentages, taking into consideration:
91	91	(1) purse levels, racing opportunities, and the
92	92	financial status of the requesting racetrack; or
93	93	(2) a written agreement executed by the horse
94	94	racetracks. [The first distribution of the escrowed purse account
95	95	allocated to a racetrack under this section may not be made before
96	96	October 1, 1998.]
97	97	SECTION 4. Section 7.02(a), Texas Racing Act (Article 179e,
98	98	Vernon's Texas Civil Statutes), is amended to read as follows:
99	99	(a) Each person [, other than a spectator or person placing
100	100	a wager,] involved in any capacity with racing with pari-mutuel
101	101	wagering under this Act must obtain a license under this article,
102	102	except:
103	103	(1) a spectator;
104	104	(2) a person placing a wager; or
105	105	(3) a person who acts only as a concessionaire.
106	106	SECTION 5. Section 8.01, Texas Racing Act (Article 179e,
107	107	Vernon's Texas Civil Statutes), is amended to read as follows:
108	108	Sec. 8.01. ALLOCATION. (a) The commission:
109	109	(1) shall allocate the live and simulcast racing days
110	110	for the conduct of live and simulcast racing at each racetrack
111	111	licensed under this Act;
112	112	(2) may reallocate a race date from one racetrack to
113	113	another racetrack; and
114	114	(3) shall adopt rules governing the transfer of purse
115	115	funds to a racetrack to which the commission reallocates a race date
116	116	under Subdivision (2) of this subsection.
117	117	(b) Each racetrack shall accord reasonable access to races
118	118	for all breeds of horses as determined by the racetrack through
119	119	negotiations with the representative state breed registry with the
120	120	final approval of the commission. In granting approval, the
121	121	commission shall consider the factors of availability of
122	122	competitive horses, economic feasibility, and public interest.
123	123	(c) In allocating race dates under this section, the
124	124	commission shall consider live race dates separately from simulcast
125	125	race dates.
126	126	(d) The commission may prohibit Sunday racing unless the
127	127	prohibition would conflict with another provision of this Act.
128	128	SECTION 6. Sections 6.06(c) and (d), Texas Racing Act
129	129	(Article 179e, Vernon's Texas Civil Statutes), are repealed.
130	130	SECTION 7. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2009.