H.B. No. 254
AN ACT
relating to establishing the Texas Derbies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes) is amended by adding Article 9A to read as
follows:
ARTICLE 9A. TEXAS DERBIES
Sec. 9A.001. 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) For a Texas Derby open only to Texas-bred horses, the
respective official state breed registries and the official
horsemen's organization shall develop:
(1) the race conditions and entrance qualifications;
and
(2) the preference system used to determine the race
finalists.
(c) Each class 1 racetrack that is awarded a Texas Derby
that is not limited to Texas-bred horses shall develop for the
derby:
(1) the race conditions and entrance qualifications;
and
(2) the preference system used to determine the race
finalists.
(d) The race conditions and qualifications and preference
systems developed for the Texas Derbies under Subsection (b) or (c)
of this section are subject to review and approval by the executive
secretary.
(e) The commission shall set the date of and the location
for each Texas Derby. Each Texas Derby must be held annually 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 breed registries; and
(3) the official horsemen's organization.
(f) 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 9A.003 of this article.
(g) The date of the initial Texas Derby may not be earlier
than January 1, 2015. This subsection expires January 1, 2016.
Sec. 9A.002. INSPECTION AND EXAMINATION OF HORSE. (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 is healthy and meets standards set by
commission rule for racing.
(b) The examination may include any procedure that the state
veterinarian considers necessary to make the determination
required by Subsection (a) of this section.
(c) The examination may be conducted at any time before the
race.
Sec. 9A.003. TEXAS DERBY ESCROW PURSE FUND. (a) The
commission shall establish a Texas Derby escrow purse fund.
(b) The commission shall by rule establish a schedule of
entrance fees for participants in each Texas Derby. A portion
determined by the commission of each entrance fee shall be
deposited in the Texas Derby escrow purse fund.
(c) Notwithstanding Section 3.09 of this Act or any other
law, the commission by rule shall determine a portion of the fees,
charges, and other revenue collected under this Act to be deposited
to the credit of the Texas Derby escrow purse fund as reasonably
necessary to maintain competitive purses for each Texas Derby.
(d) The commission by rule may assess under this Act
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 Article 9 of this Act or the escrowed purse account under
Section 6.091(e) of this Act to fund the Texas Derby escrow purse
fund; or
(2) order a 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) Other than as provided by this section, no other state
revenue may be deposited to the credit of the Texas Derby escrow
purse fund.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Racing Commission shall adopt the rules
necessary to implement Section 9A.003, Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes), as added by this Act.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 254 was passed by the House on May 13,
2011, by the following vote: Yeas 101, Nays 34, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 254 on May 24, 2011, by the following vote: Yeas 118, Nays 23,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 254 was passed by the Senate, with
amendments, on May 21, 2011, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor