Texas 2021 - 87th Regular

Texas House Bill HB1855 Compare Versions

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

Old	New	Differences
1	1	87R2596 BEE-D
2	2	By: Cyrier H.B. No. 1855
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Racing
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.096(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The Texas Racing Commission is entitled to obtain from
13	13	the department criminal history record information maintained by
14	14	the department that pertains to a person who is:
15	15	(1) appointed to the commission;
16	16	(2) an applicant for employment by the commission; or
17	17	(3) an applicant for a license under Subtitle A-1,
18	18	Title 13, Occupations Code (Texas Racing Act), including an
19	19	occupational license described by Section 2025.251, Occupations
20	20	Code.
21	21	SECTION 2. Section 2021.008(a), Occupations Code, is
22	22	amended to read as follows:
23	23	(a) The commission is subject to Chapter 325, Government
24	24	Code (Texas Sunset Act). Unless continued in existence as provided
25	25	by that chapter, and except as provided by Subsections (b) and (c),
26	26	the commission is abolished and this subtitle expires September 1,
27	27	2033 [2021].
28	28	SECTION 3. Subchapter A, Chapter 2022, Occupations Code, is
29	29	amended by adding Section 2022.0001 to read as follows:
30	30	Sec. 2022.0001. AFFILIATION WITH OFFICE OF COMPTROLLER.
31	31	(a) The commission is administratively attached to the office of
32	32	the comptroller, but the commission shall be independent of the
33	33	office of the comptroller's direction.
34	34	(b) The comptroller shall provide administrative support
35	35	services as necessary to assist the commission in performing the
36	36	commission's duties.
37	37	SECTION 4. Section 2022.004(e), Occupations Code, is
38	38	amended to read as follows:
39	39	(e) A person is not eligible for appointment as a commission
40	40	member if the person:
41	41	(1) [A person is not eligible for appointment as a
42	42	commission member if:
43	43	[(A)] is licensed by the commission, except as a
44	44	commissioner;
45	45	(2) [(B)] is employed by the commission or
46	46	participates in the management of a business entity or other
47	47	organization regulated by the commission or receiving funds from or
48	48	through the commission;
49	49	(3) [(C)] owns or controls, directly or indirectly,
50	50	more than a 10 percent interest in a business entity or other
51	51	organization regulated by the commission or receiving funds from or
52	52	through the commission; [or]
53	53	(4) [(D)] uses or receives a substantial amount of
54	54	tangible goods, services, or funds from or through the commission,
55	55	other than compensation or reimbursement authorized by law for
56	56	commission membership, attendance, or expenses; [or]
57	57	(5) [(2) the person:
58	58	[(A)] owns any financial interest in a racetrack
59	59	or its operation or is related within the second degree by affinity
60	60	or the third degree by consanguinity, as determined under
61	61	Subchapter B, Chapter 573, Government Code, to a person who owns any
62	62	financial interest in a racetrack or its operation; or
63	63	(6) [(B)] has been convicted of a felony or of any crime
64	64	involving moral turpitude.
65	65	SECTION 5. Subchapter A, Chapter 2022, Occupations Code, is
66	66	amended by adding Section 2022.0045 to read as follows:
67	67	Sec. 2022.0045. ELIGIBILITY OF PUBLIC MEMBERS. A person
68	68	may not be a public member of the commission if the person or the
69	69	person's spouse:
70	70	(1) is registered, certified, or licensed by a
71	71	regulatory agency in the field of horse racing, greyhound racing,
72	72	or pari-mutuel wagering in connection with that racing;
73	73	(2) is employed by or participates in the management
74	74	of a business entity or other organization regulated by or
75	75	receiving money from the commission;
76	76	(3) owns or controls, directly or indirectly, more
77	77	than a 10 percent interest in a business entity or other
78	78	organization regulated by or receiving money from the commission;
79	79	or
80	80	(4) uses or receives a substantial amount of tangible
81	81	goods, services, or money from the commission other than
82	82	compensation or reimbursement authorized by law for commission
83	83	membership, attendance, or expenses.
84	84	SECTION 6. Section 2022.006, Occupations Code, is amended
85	85	to read as follows:
86	86	Sec. 2022.006. MEMBER TRAINING. (a) A [To be eligible to
87	87	take office as a commission member, a] person who is appointed to
88	88	and qualifies for office as a member of the commission may not vote,
89	89	deliberate, or be counted as a member in attendance at a meeting of
90	90	the commission until the person completes [must complete at least
91	91	one course of] a training program that complies with this section.
92	92	(b) The training program must provide the person with
93	93	information [to the person] regarding:
94	94	(1) the law governing [enabling legislation that
95	95	created the] commission operations;
96	96	(2) the programs, [operated by the commission;
97	97	[(3) the role and] functions, [of the commission;
98	98	[(4) commission] rules, and [with an emphasis on the
99	99	rules that relate to disciplinary and investigatory authority;
100	100	[(5) the current] budget of [for] the commission;
101	101	(3) the scope of and limitations on the rulemaking
102	102	authority of the commission;
103	103	(4) [(6)] the results of the most recent formal audit
104	104	of the commission;
105	105	(5) [(7)] the requirements of:
106	106	(A) laws relating to open meetings, public
107	107	information, administrative procedure, and disclosing conflicts of
108	108	interest [Chapter 551, Government Code]; and
109	109	(B) other laws applicable to members of a state
110	110	policy-making body in performing their duties [Chapter 552,
111	111	Government Code]; and
112	112	[(C) Chapter 2001, Government Code;
113	113	[(8) the requirements of the conflict of interest laws
114	114	and other laws relating to public officials; and]
115	115	(6) [(9)] any applicable ethics policies adopted by
116	116	the commission or the Texas Ethics Commission.
117	117	(c) A person appointed to the commission is entitled to
118	118	reimbursement, as provided by the General Appropriations Act, for
119	119	the travel expenses incurred in attending the training program
120	120	regardless of whether the attendance at the program occurs before
121	121	or after [, as provided by the General Appropriations Act and as if]
122	122	the person qualifies for office [were a commission member].
123	123	(d) The executive director shall create a training manual
124	124	that includes the information required by Subsection (b). The
125	125	executive director shall distribute a copy of the training manual
126	126	annually to each member of the commission. Each member of the
127	127	commission shall sign and submit to the executive director a
128	128	statement acknowledging that the member received and has reviewed
129	129	the training manual.
130	130	SECTION 7. Subchapter C, Chapter 2022, Occupations Code, is
131	131	amended by adding Section 2022.1015 to read as follows:
132	132	Sec. 2022.1015. COMPLAINTS. (a) The commission shall
133	133	maintain a system to promptly and efficiently act on complaints
134	134	filed with the commission. The commission shall maintain
135	135	information about parties to the complaint, the subject matter of
136	136	the complaint, a summary of the results of the review or
137	137	investigation of the complaint, and its disposition.
138	138	(b) The commission shall make information available
139	139	describing its procedures for complaint investigation and
140	140	resolution.
141	141	(c) The commission shall periodically notify the complaint
142	142	parties of the status of the complaint until final disposition
143	143	unless the notice would jeopardize an investigation.
144	144	SECTION 8. Section 2023.053(f), Occupations Code, is
145	145	amended to read as follows:
146	146	(f) This section does not apply to:
147	147	(1) money deposited into the Texas-bred incentive fund
148	148	established under Section 2028.301; or
149	149	(2) an administrative penalty remitted to the
150	150	comptroller for deposit in the general revenue fund under Section
151	151	2033.058.
152	152	SECTION 9. Section 2023.057, Occupations Code, is amended
153	153	to read as follows:
154	154	Sec. 2023.057. ACCESS TO CRIMINAL HISTORY RECORDS. The
155	155	commission may obtain criminal history record information that
156	156	relates to each applicant for employment by the commission and to
157	157	each applicant for a license issued by the commission, including an
158	158	occupational license described by Section 2025.251(c), and that is
159	159	maintained by the Department of Public Safety or the Federal Bureau
160	160	of Investigation Identification Division. The commission may
161	161	refuse to recommend an applicant who fails to provide a complete set
162	162	of fingerprints.
163	163	SECTION 10. Section 2025.101(e), Occupations Code, is
164	164	amended to read as follows:
165	165	(e) Subsections (c) and (d) and Section 2025.201(a)(11)
166	166	[2025.201(a)(12)] do not apply to an applicant for or the holder of
167	167	a racetrack license if the applicant, the license holder, or the
168	168	license holder's parent company is a publicly traded company.
169	169	SECTION 11. Section 2025.201(a), Occupations Code, is
170	170	amended to read as follows:
171	171	(a) The commission may refuse to issue a racetrack license
172	172	or may revoke or suspend a license if, after notice and hearing, the
173	173	commission finds that the applicant or license holder, as
174	174	appropriate:
175	175	(1) has been convicted of a violation of this subtitle
176	176	or a commission rule, or has aided, abetted, or conspired to commit
177	177	a violation of this subtitle or a commission rule;
178	178	(2) has been convicted of a felony or a crime involving
179	179	moral turpitude, including a conviction for which the punishment
180	180	received was a suspended sentence, probation, or a nonadjudicated
181	181	conviction, that is reasonably related to the person's present
182	182	fitness to hold a license under this subtitle;
183	183	(3) has violated or has caused to be violated this
184	184	subtitle or a commission rule in a manner that involves moral
185	185	turpitude, as distinguished from a technical violation of this
186	186	subtitle or a rule;
187	187	(4) is unqualified, by experience or otherwise, to
188	188	perform the duties required of a license holder under this
189	189	subtitle;
190	190	(5) failed to answer or falsely or incorrectly
191	191	answered a question in an application;
192	192	(6) fails to disclose the true ownership or interest
193	193	in a horse or greyhound as required by commission rules;
194	194	(7) is indebted to this state for any fee or for the
195	195	payment of a penalty imposed by this subtitle or a commission rule;
196	196	(8) has developed an incapacity that prevents or could
197	197	prevent the applicant or license holder from conducting the
198	198	applicant's or license holder's business with reasonable skill and
199	199	competence and in a manner that does not endanger public safety [is
200	200	not of good moral character or the person's reputation as a
201	201	peaceable, law-abiding citizen in the community where the person
202	202	resides is bad];
203	203	(9) is not at least the minimum age necessary to
204	204	purchase alcoholic beverages in this state;
205	205	(10) [is in the habit of using alcoholic beverages to
206	206	an excess or uses a controlled substance as defined by Chapter 481,
207	207	Health and Safety Code, or a dangerous drug as defined in Chapter
208	208	483, Health and Safety Code, or is mentally incapacitated;
209	209	[(11)] may be excluded from an enclosure under this
210	210	subtitle;
211	211	(11) [(12)] has not been a United States citizen
212	212	residing in this state for the 10 consecutive years preceding the
213	213	filing of the application;
214	214	(12) [(13)] has improperly used a credential,
215	215	including a license certificate or identification card, issued
216	216	under this subtitle;
217	217	(13) [(14)] resides with a person whose license was
218	218	revoked for cause during the 12 months preceding the date of the
219	219	present application;
220	220	(14) [(15)] has failed or refused to furnish a true
221	221	copy of the application to the commission's district office in the
222	222	district in which the premises for which the license is sought are
223	223	located;
224	224	(15) [(16)] is engaged or has engaged in activities or
225	225	practices the commission determines are detrimental to the best
226	226	interests of the public and the sport of horse racing or greyhound
227	227	racing; or
228	228	(16) [(17)] fails to fully disclose the true owners of
229	229	all interests, beneficial or otherwise, in a proposed racetrack.
230	230	SECTION 12. Section 2025.251, Occupations Code, is amended
231	231	by adding Subsection (c) to read as follows:
232	232	(c) The commission by rule may require the following persons
233	233	to hold an occupational license under this subtitle:
234	234	(1) an adoption program employee;
235	235	(2) an announcer;
236	236	(3) an apprentice jockey;
237	237	(4) an assistant farrier, plater, or blacksmith;
238	238	(5) an assistant starter;
239	239	(6) an assistant trainer;
240	240	(7) an assistant trainer/owner;
241	241	(8) an association assistant management employee;
242	242	(9) an association management employee;
243	243	(10) an association officer or director;
244	244	(11) an association staff employee;
245	245	(12) an association employee other than an employee
246	246	described in this subsection;
247	247	(13) an association veterinarian;
248	248	(14) an authorized agent;
249	249	(15) a chaplain;
250	250	(16) a chaplain assistant;
251	251	(17) an equine dental provider;
252	252	(18) an exercise rider;
253	253	(19) a farrier, plater, or blacksmith;
254	254	(20) a groom/exercise rider;
255	255	(21) a groom/hot walker;
256	256	(22) a groom/pony person;
257	257	(23) a jockey;
258	258	(24) a jockey agent;
259	259	(25) a kennel helper;
260	260	(26) a kennel owner;
261	261	(27) a kennel owner/owner;
262	262	(28) a kennel owner/owner/trainer;
263	263	(29) a kennel owner/trainer;
264	264	(30) a kennel registration employee;
265	265	(31) a lead-out;
266	266	(32) a maintenance employee;
267	267	(33) a medical employee;
268	268	(34) miscellaneous racetrack employees;
269	269	(35) a multiple owner/stable/farm registration
270	270	employee;
271	271	(36) a mutuel clerk;
272	272	(37) a mutuel employee other than a clerk;
273	273	(38) an owner;
274	274	(39) an owner-trainer;
275	275	(40) a pony person;
276	276	(41) a racing industry representative;
277	277	(42) a racing industry employee;
278	278	(43) a racing official;
279	279	(44) a security officer;
280	280	(45) a stable foreman;
281	281	(46) a tattooer;
282	282	(47) a test technician;
283	283	(48) a trainer;
284	284	(49) a training facility employee;
285	285	(50) a training facility general manager;
286	286	(51) a valet;
287	287	(52) a vendor concessionaire;
288	288	(53) a vendor concessionaire employee;
289	289	(54) a vendor-totalisator company;
290	290	(55) a vendor-totalisator employee;
291	291	(56) a veterinarian; and
292	292	(57) a veterinarian assistant.
293	293	SECTION 13. Section 2025.262, Occupations Code, is amended
294	294	to read as follows:
295	295	Sec. 2025.262. GROUNDS FOR DENIAL, REVOCATION, AND
296	296	SUSPENSION OF OCCUPATIONAL LICENSE. The commission may refuse to
297	297	issue any original or renewal license under this subchapter or may
298	298	revoke or suspend the license if, after notice and hearing, the
299	299	commission finds that the applicant or license holder, as
300	300	appropriate:
301	301	(1) has been convicted of a violation of this subtitle
302	302	or a commission rule or has aided, abetted, or conspired to commit a
303	303	violation of this subtitle or a commission rule;
304	304	(2) has been convicted of a felony or a crime involving
305	305	moral turpitude that is reasonably related to the person's present
306	306	fitness to hold a license under this subtitle;
307	307	(3) has violated or has caused to be violated this
308	308	subtitle or a commission rule in a manner that involves moral
309	309	turpitude, as distinguished from a technical violation of this
310	310	subtitle or a rule;
311	311	(4) is unqualified, by experience or otherwise, to
312	312	perform the duties required of a license holder under this
313	313	subtitle;
314	314	(5) failed to answer or has falsely or incorrectly
315	315	answered a question in an original or renewal application;
316	316	(6) fails to disclose the true ownership or interest
317	317	in a horse or greyhound as required by commission rules;
318	318	(7) is indebted to this state for any fee or for the
319	319	payment of a penalty imposed by this subtitle or a commission rule;
320	320	(8) has developed an incapacity that prevents or could
321	321	prevent the applicant or license holder from conducting the
322	322	applicant's or license holder's business with reasonable skill and
323	323	competence and in a manner that does not endanger public safety [is
324	324	not of good moral character or the person's reputation as a
325	325	peaceable, law-abiding citizen in the community where the person
326	326	resides is bad];
327	327	(9) [is in the habit of using alcoholic beverages to an
328	328	excess or uses a controlled substance as defined in Chapter 481,
329	329	Health and Safety Code, or a dangerous drug as defined in Chapter
330	330	483, Health and Safety Code, or is mentally incapacitated;
331	331	[(10)] may be excluded from an enclosure under this
332	332	subtitle;
333	333	(10) [(11)] has improperly used a temporary pass,
334	334	license certificate, credential, or identification card issued
335	335	under this subtitle;
336	336	(11) [(12)] resides with a person whose license was
337	337	revoked for cause during the 12 months preceding the date of the
338	338	present application;
339	339	(12) [(13)] has failed or refused to furnish a true
340	340	copy of the application to the commission's district office in the
341	341	district in which the premises for which the license is sought are
342	342	located; or
343	343	(13) [(14)] is engaged or has engaged in activities or
344	344	practices that are detrimental to the best interests of the public
345	345	and the sport of horse racing or greyhound racing.
346	346	SECTION 14. Section 2028.201, Occupations Code, is amended
347	347	to read as follows:
348	348	Sec. 2028.201. RULES. (a) The commission shall adopt
349	349	rules relating to this subchapter and the oversight of the amounts
350	350	allocated under Sections 2028.202(b)(1), (2), and (3)
351	351	[2028.202(b)] and (c).
352	352	(b) The comptroller shall adopt rules relating to the
353	353	oversight of the amounts allocated under Section 2028.202(b)(4).
354	354	SECTION 15. Section 2028.202(b), Occupations Code, is
355	355	amended to read as follows:
356	356	(b) From the total amount deducted under Subsection (a), a
357	357	greyhound racetrack association that receives an interstate
358	358	cross-species simulcast signal shall distribute the following
359	359	amounts from each pari-mutuel pool wagered on the signal at the
360	360	racetrack:
361	361	(1) a fee of 1.5 percent to be paid to the racetrack in
362	362	this state sending the signal;
363	363	(2) a purse in the amount of 0.75 percent to be paid to
364	364	the official state horse breed registry for Thoroughbred horses for
365	365	use as purses at racetracks in this state;
366	366	(3) a purse in the amount of 0.75 percent to be paid to
367	367	the official state horse breed registry for quarter horses for use
368	368	as purses at racetracks in this state; and
369	369	(4) a purse of 4.5 percent to be deposited in the horse
370	370	industry escrow account as [escrowed with the commission in the
371	371	manner] provided by Section 2028.204.
372	372	SECTION 16. Section 2028.203, Occupations Code, is amended
373	373	to read as follows:
374	374	Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST. If
375	375	a racetrack association purchases an interstate simulcast signal
376	376	and the signal cost exceeds five percent of the pari-mutuel pool,
377	377	the comptroller [commission], from the horse industry escrow
378	378	[escrowed] account established under Section 2028.204
379	379	[2028.202(b)(4)], shall reimburse the racetrack association an
380	380	amount equal to one-half of the signal cost that exceeds five
381	381	percent of the pari-mutuel pool.
382	382	SECTION 17. Section 2028.204, Occupations Code, is amended
383	383	to read as follows:
384	384	Sec. 2028.204. HORSE INDUSTRY ESCROW ACCOUNT; DEPOSIT AND
385	385	ALLOCATION OF MONEY [IN ESCROW ACCOUNTS]. (a) The horse industry
386	386	escrow account is a trust account administered by the comptroller
387	387	and composed of money deposited to the account in accordance with
388	388	this subtitle.
389	389	(b) A greyhound racetrack association shall deposit into
390	390	the horse industry [an] escrow account [in the commission's
391	391	registry] the purse set aside under Section 2028.202(b)(4).
392	392	(c) [(b)] Any horse racetrack association in this state may
393	393	apply to the comptroller [commission] for receipt of money in the
394	394	horse industry escrow account for use as purses. Any state horse
395	395	breed registry listed in Section 2030.002(a) may apply for receipt
396	396	of money in the account for any event that furthers the horse
397	397	industry. The comptroller [commission]:
398	398	(1) shall determine the horse racetrack associations
399	399	and state horse breed registries to be allocated money from the
400	400	account and the percentages to be allocated, taking into
401	401	consideration purse levels, racing opportunities, and the
402	402	financial status of the requesting racetrack association or
403	403	requesting breed registry; and
404	404	(2) may not annually allocate more than 70 percent of
405	405	the amount deposited into the account to horse racetrack
406	406	associations for use as purses.
407	407	SECTION 18. Section 2028.2041, Occupations Code, is amended
408	408	to read as follows:
409	409	Sec. 2028.2041. ALLOCATION OF CERTAIN FUNDS IN HORSE
410	410	INDUSTRY ESCROW ACCOUNT TO GENERAL REVENUE FUND; MAXIMUM ACCOUNT
411	411	BALANCE. (a) In each state fiscal biennium, the comptroller shall
412	412	deposit the amounts allocated under Section 151.801(c-3), Tax Code,
413	413	into the horse industry escrow account established under Section
414	414	2028.204 [2028.204(b)], until the comptroller determines the
415	415	amount deposited into the account in that fiscal biennium equals
416	416	the greater of:
417	417	(1) the amount appropriated to the comptroller
418	418	[commission] for the purposes of Section 2028.204 for that fiscal
419	419	biennium; or
420	420	(2) $50 million.
421	421	(b) Once the comptroller determines the greater of the
422	422	amount described by Subsection (a)(1) or (2) has been deposited
423	423	during a state fiscal biennium into the horse industry escrow
424	424	account established under Section 2028.204 [2028.204(b)], for the
425	425	remainder of that fiscal biennium the comptroller shall deposit the
426	426	amounts allocated under Section 151.801(c-3), Tax Code, into the
427	427	general revenue fund.
428	428	(c) The balance of the horse industry escrow account
429	429	established under Section 2028.204 [2028.204(b)] shall not exceed
430	430	$50 million.
431	431	SECTION 19. Section 2028.205, Occupations Code, is amended
432	432	to read as follows:
433	433	Sec. 2028.205. ADDITIONAL ALLOCATIONS FROM HORSE INDUSTRY
434	434	ESCROW ACCOUNT FOR CERTAIN RACETRACKS. (a) In addition to money
435	435	allocated under Section 2028.204, a horse racetrack association
436	436	operating a racetrack that is located not more than 75 miles from a
437	437	greyhound racetrack that offers wagering on a cross-species
438	438	simulcast signal and that sends the cross-species simulcast signal
439	439	to the greyhound racetrack may apply to the comptroller
440	440	[commission] for an allocation of up to 20 percent of the money in
441	441	the horse industry escrow [escrowed] account established under
442	442	Section 2028.204 that is attributable to the wagering on a
443	443	cross-species simulcast signal at the greyhound racetrack.
444	444	(b) If the applying horse racetrack association can prove to
445	445	the comptroller's [commission's] satisfaction that the racetrack
446	446	association's handle has decreased directly due to wagering on an
447	447	interstate cross-species simulcast signal at a greyhound racetrack
448	448	located not more than 75 miles from the applying racetrack
449	449	association, the comptroller [commission] shall allocate amounts
450	450	from the horse industry escrow [escrowed] account as the
451	451	comptroller [commission] considers appropriate to compensate the
452	452	racetrack association for the decrease. The amounts allocated may
453	453	not exceed 20 percent of the money in the [escrowed] account that is
454	454	attributable to the wagering on the interstate cross-species
455	455	simulcast signal at the greyhound racetrack.
456	456	(c) Money allocated by the comptroller [commission] under
457	457	this section may be used by the racetrack association for any
458	458	purpose.
459	459	SECTION 20. Section 2031.004(e), Occupations Code, is
460	460	amended to read as follows:
461	461	(e) The commission may not:
462	462	(1) use funds from the accredited Texas-bred program
463	463	under Subchapter A, Chapter 2030, or the horse industry escrow
464	464	[escrowed purse] account established under Section 2028.204 to fund
465	465	the Texas Derby escrow purse fund; or
466	466	(2) order a state horse breed registry to fund a purse
467	467	for a Texas Derby, make contributions to the Texas Derby escrow
468	468	purse fund, or pay the expenses of a Texas Derby race.
469	469	SECTION 21. Subchapter B, Chapter 2033, Occupations Code,
470	470	is amended by adding Section 2033.058 to read as follows:
471	471	Sec. 2033.058. DISPOSITION OF ADMINISTRATIVE PENALTY. The
472	472	commission shall remit an administrative penalty collected under
473	473	this subtitle to the comptroller for deposit in the general revenue
474	474	fund.
475	475	SECTION 22. Section 151.801(c-3), Tax Code, is amended to
476	476	read as follows:
477	477	(c-3) Subject to the limitation imposed under Section
478	478	2028.2041, Occupations Code, an amount equal to the proceeds from
479	479	the collection of the taxes imposed by this chapter on the sale,
480	480	storage, or use of horse feed, horse supplements, horse tack, horse
481	481	bedding and grooming supplies, and other taxable expenditures
482	482	directly related to horse ownership, riding, or boarding shall be
483	483	deposited to the credit of the horse industry escrow account
484	484	administered by the comptroller [Texas Racing Commission] and
485	485	established under Section 2028.204, Occupations Code.
486	486	SECTION 23. The following provisions of the Occupations
487	487	Code are repealed:
488	488	(1) Sections 2022.102(b), (c), and (d); and
489	489	(2) Section 2025.258(b).
490	490	SECTION 24. Section 2022.0045, Occupations Code, as added
491	491	by this Act, does not affect the entitlement of a member serving on
492	492	the Texas Racing Commission immediately before the effective date
493	493	of this Act to continue to serve for the remainder of the member's
494	494	term. As the terms of board members expire, the governor shall
495	495	appoint or reappoint members who have the qualifications required
496	496	for members under Subchapter A, Chapter 2022, Occupations Code, as
497	497	amended by this Act.
498	498	SECTION 25. (a) Except as provided by Subsection (b) of
499	499	this section, Section 2022.006, Occupations Code, as amended by
500	500	this Act, applies to a member of the board of the Texas Racing
501	501	Commission who is appointed before, on, or after the effective date
502	502	of this Act.
503	503	(b) A member of the Texas Racing Commission who, before the
504	504	effective date of this Act, completed the training program required
505	505	by Section 2022.006, Occupations Code, as that law existed before
506	506	the effective date of this Act, is required to complete additional
507	507	training only on subjects added to the training program under
508	508	Section 2022.006, Occupations Code, as amended by this Act. A
509	509	commission member described by this subsection may not vote,
510	510	deliberate, or be counted as a member in attendance at a meeting of
511	511	the commission held on or after December 1, 2021, until the member
512	512	completes the additional training.
513	513	SECTION 26. The changes in law made by this Act apply to
514	514	revenue received from the imposition of an administrative penalty
515	515	on or after the effective date of this Act, regardless of whether
516	516	the penalty was imposed before, on, or after the effective date of
517	517	this Act.
518	518	SECTION 27. Not later than March 1, 2022, the comptroller
519	519	shall adopt rules necessary to implement Section 2028.202(b)(4),
520	520	Occupations Code, as amended by this Act.
521	521	SECTION 28. This Act takes effect September 1, 2021.