1 | 1 | | 85R13010 GCB-F |
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2 | 2 | | By: Kuempel H.B. No. 3925 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the regulation of wagering through telephone, the |
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8 | 8 | | Internet, or other approved electronic means on horse races and |
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9 | 9 | | greyhound races under the pari-mutuel system of wagering; requiring |
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10 | 10 | | a license to operate account wagering; requiring a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1.03, Texas Racing Act (Article 179e, |
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13 | 13 | | Vernon's Texas Civil Statutes), is amended by adding Subdivisions |
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14 | 14 | | (82) and (83) to read as follows: |
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15 | 15 | | (82) "Account wagering" means a form of pari-mutuel |
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16 | 16 | | wagering that allows an individual to deposit money in an account |
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17 | 17 | | with an association or an account wagering operator for the |
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18 | 18 | | individual's use in pari-mutuel wagering offered by the association |
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19 | 19 | | on live or simulcast horse races or greyhound races. |
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20 | 20 | | (83) "Account wagering operator" means an entity |
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21 | 21 | | licensed by the commission to provide an account for account |
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22 | 22 | | wagering by persons in this state. |
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23 | 23 | | SECTION 2. Article 7, Texas Racing Act (Article 179e, |
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24 | 24 | | Vernon's Texas Civil Statutes), is amended by adding Section 7.11 |
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25 | 25 | | to read as follows: |
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26 | 26 | | Sec. 7.11. ACCOUNT WAGERING LICENSE. (a) A person may not |
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27 | 27 | | offer account wagering, operate as an account wagering operator, or |
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28 | 28 | | act as an employee of a person offering account wagering or |
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29 | 29 | | operating as an account wagering operator unless the person or |
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30 | 30 | | employee, as applicable, holds a license issued by the commission |
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31 | 31 | | under this section. |
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32 | 32 | | (b) The commission shall adopt rules and procedures for |
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33 | 33 | | applying for or issuing, denying, or revoking a license under this |
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34 | 34 | | section in a manner consistent with other licensing provisions of |
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35 | 35 | | this Act. |
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36 | 36 | | (c) The commission shall establish fees for initial and |
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37 | 37 | | annual renewal licensing of account wagering operators and of |
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38 | 38 | | employees of account wagering operators. |
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39 | 39 | | SECTION 3. Section 11.01, Texas Racing Act (Article 179e, |
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40 | 40 | | Vernon's Texas Civil Statutes), is amended by amending Subsection |
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41 | 41 | | (a) and adding Subsection (c) to read as follows: |
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42 | 42 | | (a) The commission shall adopt rules to regulate wagering on |
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43 | 43 | | greyhound races and horse races under the system known as |
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44 | 44 | | pari-mutuel wagering. Wagering may be conducted only by an |
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45 | 45 | | association within its enclosure or by an account wagering |
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46 | 46 | | operator. Except as provided by Subsection (c), a [A] person may |
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47 | 47 | | not accept, in person, by telephone, or over the Internet, a wager |
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48 | 48 | | for a horse race or greyhound race conducted inside or outside this |
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49 | 49 | | state from a person in this state unless the wager is authorized |
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50 | 50 | | under this Act. |
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51 | 51 | | (c) An association or an account wagering operator may |
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52 | 52 | | accept account wagering in person or by direct telephone call or |
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53 | 53 | | through other electronic means by the holder of the account. An |
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54 | 54 | | account wagering operator that is not an association shall, if the |
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55 | 55 | | operator or any of the operator's affiliates conducts live racing, |
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56 | 56 | | contract with an association for interstate simulcast wagering. An |
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57 | 57 | | account wagering operator shall contract with an association to |
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58 | 58 | | offer wagering on live races on the account wagering operator's |
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59 | 59 | | system, if authorized by law. |
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60 | 60 | | SECTION 4. Section 11.04, Texas Racing Act (Article 179e, |
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61 | 61 | | Vernon's Texas Civil Statutes), is amended by amending Subsection |
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62 | 62 | | (b) and adding Subsections (b-1) and (b-2) to read as follows: |
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63 | 63 | | (b) The commission may [shall] adopt rules to authorize |
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64 | 64 | | account wagering by [prohibiting] an association or an account |
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65 | 65 | | wagering operator under conditions the commission determines |
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66 | 66 | | appropriate to protect the public health and safety [from accepting |
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67 | 67 | | wagers by telephone]. For purposes of this Act, account wagering by |
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68 | 68 | | a person in this state through an association or an account wagering |
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69 | 69 | | operator is considered wagering by a person in the enclosure of the |
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70 | 70 | | association or of the association that has contracted with the |
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71 | 71 | | account wagering operator. |
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72 | 72 | | (b-1) The commission shall adopt rules setting the amount, |
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73 | 73 | | less refunds, that may be deducted from the gross pari-mutuel |
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74 | 74 | | handle of the association or account wagering operator conducting |
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75 | 75 | | account wagering, provided that amount is not less than six percent |
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76 | 76 | | of the gross pari-mutuel handle. |
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77 | 77 | | (b-2) The amount of all fees paid to the commission from |
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78 | 78 | | account wagering may not exceed one percent of the total gross |
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79 | 79 | | account wagering receipts, as determined by the computational |
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80 | 80 | | equipment approved by the commission for calculating wagering as |
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81 | 81 | | required under Section 11.02, from wagers placed by persons in this |
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82 | 82 | | state with each association or account wagering operator offering |
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83 | 83 | | account wagering. |
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84 | 84 | | SECTION 5. As soon as practicable after the effective date |
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85 | 85 | | of this Act, the Texas Racing Commission shall adopt the rules |
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86 | 86 | | necessary to implement the change in law made by this Act. |
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87 | 87 | | SECTION 6. This Act takes effect September 1, 2017. |
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