H.B. No. 3366
AN ACT
relating to the deposit and distribution by the Texas Racing
Commission of certain pari-mutuel wagering funds to benefit the
Texas-bred program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2023.053, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) This section does not apply to money deposited into the
Texas-bred incentive fund established under Section 2028.301.
SECTION 2. Section 2024.055, Occupations Code, is amended
to read as follows:
Sec. 2024.055. DEPOSIT OF STATE'S SHARE. (a) The
comptroller shall deposit the state's share of each pari-mutuel
pool from horse racing and greyhound racing in the general revenue
fund.
(b) This section does not apply to money deposited into the
Texas-bred incentive fund established under Section 2028.301.
SECTION 3. Section 2028.103, Occupations Code, is amended
by amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) A horse racetrack association shall set aside for the
Texas-bred program and pay to the commission an amount equal to one
percent of a live multiple two wagering pool and a live multiple
three wagering pool. From the set-aside amounts:
(1) two percent shall be set aside for purposes of
Subchapter F, Chapter 88, Education Code; and
(2) the remaining amount shall be allocated as
follows:
(A) 10 percent may be used by the appropriate
state horse breed registry for administration; and
(B) the remainder shall be used for awards.
(a-1) The commission shall deposit money paid to the
commission under Subsection (a) into the Texas-bred incentive fund
established under Section 2028.301. The commission shall
distribute the money collected under this section and deposited
into the fund to the appropriate state horse breed registries for
the Texas-bred program in accordance with rules adopted under
Subsection (c).
(c) The commission shall adopt rules relating to the
deposit, accounting, auditing, and distribution of all amounts set
aside for the Texas-bred program under this subchapter and for the
use of those amounts by the state breed registries under that
program.
SECTION 4. Section 2028.105, Occupations Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The horse racetrack association shall pay to the
commission for deposit into the Texas-bred incentive fund
established under Section 2028.301 and distribution to the
appropriate state horse breed registry [shall pay] the remaining 80
percent of the total breakage to be allocated as follows:
(1) 40 percent to the owners of the accredited
Texas-bred horses that finish first, second, or third;
(2) 40 percent to the breeders of accredited
Texas-bred horses that finish first, second, or third; and
(3) 20 percent to the owner of the stallion standing in
this state at the time of conception whose Texas-bred get finish
first, second, or third.
(d-1) The commission shall deposit the portions of total
breakage paid to the commission under Subsections (b) and (d) into
the Texas-bred incentive fund established under Section 2028.301.
The commission shall distribute the money collected under this
section and deposited into the fund to the appropriate state horse
breed registries in accordance with this section and with rules
adopted by the commission under Section 2028.103.
SECTION 5. Section 2028.154(a), Occupations Code, is
amended to read as follows:
(a) A greyhound racetrack association shall pay 50 percent
of the breakage to the appropriate state greyhound breed registry.
Of that breakage percentage:
(1) 25 percent is to be used in stakes races; and
(2) 25 percent of that total breakage from a live
pari-mutuel pool or a simulcast pari-mutuel pool is to be paid to
the commission for deposit into the Texas-bred incentive fund
established under Section 2028.301. The commission shall
distribute the money collected under this section and deposited
into the fund to [use by] the state greyhound breed registry for use
in accordance with this section and[, subject to] commission rules.
SECTION 6. Section 2028.202, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A racetrack association shall pay to the commission
for deposit into the Texas-bred incentive fund established under
Section 2028.301 the shares to be distributed under Subsections
(a)(3) and (a)(4) for the Texas-bred program. The commission shall
distribute the money collected under this section and deposited
into the fund to the appropriate state breed registries for use
under the Texas-bred program.
SECTION 7. Chapter 2028, Occupations Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. TEXAS-BRED INCENTIVE FUND
Sec. 2028.301. TEXAS-BRED INCENTIVE FUND. (a) The
commission shall deposit money set aside for the Texas-bred program
or set aside for use by state breed registries under this chapter
into an escrow account in the state treasury in the registry of the
commission to be known as the Texas-bred incentive fund.
(b) The commission shall distribute money from the
Texas-bred incentive fund in accordance with this chapter and
commission rules.
SECTION 8. (a) The changes in law made by this Act apply to
the deductions and breakage from a wagering pool for a horse or
greyhound race conducted by a racetrack association on or after the
effective date of this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Racing Commission shall revise existing rules or
adopt new rules as necessary to comply with this Act.
SECTION 9. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3366 was passed by the House on April
16, 2019, by the following vote: Yeas 125, Nays 11, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3366 was passed by the Senate on May
21, 2019, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor