Texas 2017 - 85th Regular

Texas House Bill HB3925 Compare Versions

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11 85R13010 GCB-F
22 By: Kuempel H.B. No. 3925
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the regulation of wagering through telephone, the
88 Internet, or other approved electronic means on horse races and
99 greyhound races under the pari-mutuel system of wagering; requiring
1010 a license to operate account wagering; requiring a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1.03, Texas Racing Act (Article 179e,
1313 Vernon's Texas Civil Statutes), is amended by adding Subdivisions
1414 (82) and (83) to read as follows:
1515 (82) "Account wagering" means a form of pari-mutuel
1616 wagering that allows an individual to deposit money in an account
1717 with an association or an account wagering operator for the
1818 individual's use in pari-mutuel wagering offered by the association
1919 on live or simulcast horse races or greyhound races.
2020 (83) "Account wagering operator" means an entity
2121 licensed by the commission to provide an account for account
2222 wagering by persons in this state.
2323 SECTION 2. Article 7, Texas Racing Act (Article 179e,
2424 Vernon's Texas Civil Statutes), is amended by adding Section 7.11
2525 to read as follows:
2626 Sec. 7.11. ACCOUNT WAGERING LICENSE. (a) A person may not
2727 offer account wagering, operate as an account wagering operator, or
2828 act as an employee of a person offering account wagering or
2929 operating as an account wagering operator unless the person or
3030 employee, as applicable, holds a license issued by the commission
3131 under this section.
3232 (b) The commission shall adopt rules and procedures for
3333 applying for or issuing, denying, or revoking a license under this
3434 section in a manner consistent with other licensing provisions of
3535 this Act.
3636 (c) The commission shall establish fees for initial and
3737 annual renewal licensing of account wagering operators and of
3838 employees of account wagering operators.
3939 SECTION 3. Section 11.01, Texas Racing Act (Article 179e,
4040 Vernon's Texas Civil Statutes), is amended by amending Subsection
4141 (a) and adding Subsection (c) to read as follows:
4242 (a) The commission shall adopt rules to regulate wagering on
4343 greyhound races and horse races under the system known as
4444 pari-mutuel wagering. Wagering may be conducted only by an
4545 association within its enclosure or by an account wagering
4646 operator. Except as provided by Subsection (c), a [A] person may
4747 not accept, in person, by telephone, or over the Internet, a wager
4848 for a horse race or greyhound race conducted inside or outside this
4949 state from a person in this state unless the wager is authorized
5050 under this Act.
5151 (c) An association or an account wagering operator may
5252 accept account wagering in person or by direct telephone call or
5353 through other electronic means by the holder of the account. An
5454 account wagering operator that is not an association shall, if the
5555 operator or any of the operator's affiliates conducts live racing,
5656 contract with an association for interstate simulcast wagering. An
5757 account wagering operator shall contract with an association to
5858 offer wagering on live races on the account wagering operator's
5959 system, if authorized by law.
6060 SECTION 4. Section 11.04, Texas Racing Act (Article 179e,
6161 Vernon's Texas Civil Statutes), is amended by amending Subsection
6262 (b) and adding Subsections (b-1) and (b-2) to read as follows:
6363 (b) The commission may [shall] adopt rules to authorize
6464 account wagering by [prohibiting] an association or an account
6565 wagering operator under conditions the commission determines
6666 appropriate to protect the public health and safety [from accepting
6767 wagers by telephone]. For purposes of this Act, account wagering by
6868 a person in this state through an association or an account wagering
6969 operator is considered wagering by a person in the enclosure of the
7070 association or of the association that has contracted with the
7171 account wagering operator.
7272 (b-1) The commission shall adopt rules setting the amount,
7373 less refunds, that may be deducted from the gross pari-mutuel
7474 handle of the association or account wagering operator conducting
7575 account wagering, provided that amount is not less than six percent
7676 of the gross pari-mutuel handle.
7777 (b-2) The amount of all fees paid to the commission from
7878 account wagering may not exceed one percent of the total gross
7979 account wagering receipts, as determined by the computational
8080 equipment approved by the commission for calculating wagering as
8181 required under Section 11.02, from wagers placed by persons in this
8282 state with each association or account wagering operator offering
8383 account wagering.
8484 SECTION 5. As soon as practicable after the effective date
8585 of this Act, the Texas Racing Commission shall adopt the rules
8686 necessary to implement the change in law made by this Act.
8787 SECTION 6. This Act takes effect September 1, 2017.