Texas 2021 - 87th Regular

Texas House Bill HB1537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R299 ADM-D
2	2	By: Shaheen H.B. No. 1537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of certain tax proceeds deposited to
8	8	and the allocation of the horse industry escrowed purse account.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2028.202(b), Occupations Code, is
11	11	amended to read as follows:
12	12	(b) From the total amount deducted under Subsection (a), a
13	13	greyhound racetrack association that receives an interstate
14	14	cross-species simulcast signal shall distribute the following
15	15	amounts from each pari-mutuel pool wagered on the signal at the
16	16	racetrack:
17	17	(1) a fee of 1.5 percent to be paid to the racetrack in
18	18	this state sending the signal;
19	19	(2) a purse in the amount of 0.75 percent to be paid to
20	20	the official state horse breed registry for Thoroughbred horses for
21	21	use as purses at racetracks in this state;
22	22	(3) a purse in the amount of 0.75 percent to be paid to
23	23	the official state horse breed registry for quarter horses for use
24	24	as purses at racetracks in this state; and
25	25	(4) a purse of 4.5 percent to be escrowed with the
26	26	commission for purses in the manner provided by Section 2028.204.
27	27	SECTION 2. Section 2028.203, Occupations Code, is amended
28	28	to read as follows:
29	29	Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST. If
30	30	a racetrack association purchases an interstate simulcast signal
31	31	and the signal cost exceeds five percent of the pari-mutuel pool,
32	32	the commission, from the escrowed purse account under Section
33	33	2028.202(b)(4), shall reimburse the racetrack association an
34	34	amount equal to one-half of the signal cost that exceeds five
35	35	percent of the pari-mutuel pool.
36	36	SECTION 3. The heading to Section 2028.204, Occupations
37	37	Code, is amended to read as follows:
38	38	Sec. 2028.204. ALLOCATION OF ESCROWED PURSES [MONEY IN
39	39	ESCROW ACCOUNTS].
40	40	SECTION 4. Section 2028.204(b), Occupations Code, is
41	41	amended to read as follows:
42	42	(b) Any horse racetrack association in this state may apply
43	43	to the commission for receipt of all or part of the escrowed purse
44	44	[money in the horse industry escrow] account for use as
45	45	purses. [Any state horse breed registry listed in Section
46	46	2030.002(a) may apply for receipt of money in the account for any
47	47	event that furthers the horse industry.] The commission[:
48	48	[(1)] shall determine the horse racetrack
49	49	associations [and state horse breed registries] to be allocated
50	50	money from the escrowed purse account and the percentages to be
51	51	allocated, taking into consideration purse levels, racing
52	52	opportunities, and the financial status of the requesting racetrack
53	53	association [or requesting breed registry; and
54	54	[(2) may not annually allocate more than 70 percent of
55	55	the amount deposited into the account to horse racetrack
56	56	associations for use as purses].
57	57	SECTION 5. Sections 2028.205(a) and (b), Occupations Code,
58	58	are amended to read as follows:
59	59	(a) In addition to money allocated under Section 2028.204, a
60	60	horse racetrack association operating a racetrack that is located
61	61	not more than 75 miles from a greyhound racetrack that offers
62	62	wagering on a cross-species simulcast signal and that sends the
63	63	cross-species simulcast signal to the greyhound racetrack may apply
64	64	to the commission for an allocation of up to 20 percent of the money
65	65	in the escrowed purse account that is attributable to the wagering
66	66	on a cross-species simulcast signal at the greyhound racetrack.
67	67	(b) If the applying horse racetrack association can prove to
68	68	the commission's satisfaction that the racetrack association's
69	69	handle has decreased directly due to wagering on an interstate
70	70	cross-species simulcast signal at a greyhound racetrack located not
71	71	more than 75 miles from the applying racetrack association, the
72	72	commission shall allocate amounts from the escrowed purse account
73	73	as the commission considers appropriate to compensate the racetrack
74	74	association for the decrease. The amounts allocated may not exceed
75	75	20 percent of the money in the escrowed purse account that is
76	76	attributable to the wagering on the interstate cross-species
77	77	simulcast signal at the greyhound racetrack.
78	78	SECTION 6. Section 151.801(a), Tax Code, is amended to read
79	79	as follows:
80	80	(a) Except for the amounts allocated under Subsections (b),
81	81	(c), and (c-2), [and (c-3),] all proceeds from the collection of the
82	82	taxes imposed by this chapter shall be deposited to the credit of
83	83	the general revenue fund.
84	84	SECTION 7. Section 151.801(d), Tax Code, as effective
85	85	September 1, 2021, is amended to read as follows:
86	86	(d) The comptroller shall determine the amount to be
87	87	deposited to the highway fund under Subsection (b) according to
88	88	available statistical data indicating the estimated average or
89	89	actual consumption or sales of lubricants used to propel motor
90	90	vehicles over the public roadways. The comptroller shall determine
91	91	the amounts to be deposited to the accounts under Subsection (c)
92	92	according to available statistical data indicating the estimated or
93	93	actual total receipts in this state from taxable sales of sporting
94	94	goods, and according to the specific amounts provided in the
95	95	General Appropriations Act in accordance with Subsection (c-1).
96	96	The comptroller shall determine the amount to be deposited to the
97	97	fund under Subsection (c-2) according to available statistical data
98	98	indicating the estimated or actual total receipts in this state
99	99	from taxes imposed on sales at retail of fireworks. [The
100	100	comptroller shall determine the amount to be deposited to the
101	101	account under Subsection (c-3) according to available statistical
102	102	data indicating the estimated or actual total receipts in this
103	103	state from taxable sales of horse feed, horse supplements, horse
104	104	tack, horse bedding and grooming supplies, and other taxable
105	105	expenditures directly related to horse ownership, riding, or
106	106	boarding.] If satisfactory data are not available, the comptroller
107	107	may require taxpayers who make taxable sales or uses of those
108	108	lubricants, of sporting goods, or of fireworks[, or of horse feed,
109	109	horse supplements, horse tack, horse bedding and grooming supplies,
110	110	or other taxable expenditures directly related to horse ownership,
111	111	riding, or boarding] to report to the comptroller as necessary to
112	112	make the allocation required by Subsection (b), (c), or (c-2)[, or
113	113	(c-3)].
114	114	SECTION 8. The following provisions of law are repealed:
115	115	(1) Section 2028.2041, Occupations Code;
116	116	(2) Section 151.801(c-3), Tax Code; and
117	117	(3) Sections 151.801(e)(4) and (5), Tax Code.
118	118	SECTION 9. As soon as practicable after the effective date
119	119	of this Act, the Texas Racing Commission shall revise existing
120	120	rules or adopt new rules as necessary to comply with Subtitle A-1,
121	121	Title 13, Occupations Code (Texas Racing Act), as amended by this
122	122	Act.
123	123	SECTION 10. This Act takes effect September 1, 2021.