| 1 | 1 | | By: Thompson of Harris (Senate Sponsor - Duncan) H.B. No. 1187 |
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| 2 | 2 | | (In the Senate - Received from the House April 4, 2013; |
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| 3 | 3 | | April 9, 2013, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; April 25, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 9, Nays 0; April 25, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the power of stewards or judges to impose penalties |
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| 11 | 11 | | under the Texas Racing Act; providing penalties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 3.07(b), Texas Racing Act (Article 179e, |
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| 14 | 14 | | Vernon's Texas Civil Statutes), is amended to read as follows: |
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| 15 | 15 | | (b) The commission shall make rules specifying the |
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| 16 | 16 | | authority and the duties of each official, including the power of |
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| 17 | 17 | | stewards or judges to impose penalties for unethical practices or |
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| 18 | 18 | | violations of racing rules. A penalty imposed by the stewards or |
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| 19 | 19 | | judges may include a fine of not more than $25,000 [$5,000], a |
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| 20 | 20 | | suspension for not more than five years [one year], or both a fine |
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| 21 | 21 | | and suspension. Before imposing a penalty under this subsection, |
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| 22 | 22 | | the stewards and judges shall conduct a hearing that is consistent |
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| 23 | 23 | | with constitutional due process. A hearing conducted by a steward |
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| 24 | 24 | | or judge under this subsection is not subject to Chapter 2001, |
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| 25 | 25 | | Government Code. A decision of a steward or judge is subject to |
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| 26 | 26 | | review by the executive director, who may modify the penalty. A |
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| 27 | 27 | | penalty modified by the executive director under this section may |
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| 28 | 28 | | include a fine not to exceed $100,000 [$10,000], a suspension not to |
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| 29 | 29 | | exceed five [two] years, or both a fine and a suspension. A |
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| 30 | 30 | | decision of a steward or judge that is not reviewed or modified by |
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| 31 | 31 | | the executive director is a final decision. Any decision of a |
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| 32 | 32 | | steward or judge may be appealed under Section 3.08(a) of this Act |
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| 33 | 33 | | regardless of whether the decision is modified by the executive |
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| 34 | 34 | | director. |
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| 35 | 35 | | SECTION 2. The changes in law made by this Act apply only to |
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| 36 | 36 | | a penalty imposed on or after the effective date of this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 38 | 38 | | * * * * * |
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