Texas 2023 - 88th Regular

Texas House Bill HB4100 Compare Versions

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Version 2 (New)

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1	1	88R13342 PRL-F
2	2	By: Kuempel H.B. No. 4100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of wagering through telephone, the
8	8	Internet, or other approved electronic means on horse races and
9	9	greyhound races under the pari-mutuel system of wagering; requiring
10	10	a license to operate account wagering; requiring a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2021.003, Occupations Code, is amended
13	13	by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b)
14	14	to read as follows:
15	15	(1) "Account wagering" means a form of pari-mutuel
16	16	wagering that allows an individual to deposit money in an account
17	17	with a racetrack association or an account wagering operator for
18	18	the individual's use in pari-mutuel wagering offered by the
19	19	racetrack association on live or simulcast horse races or greyhound
20	20	races.
21	21	(1-a) "Account wagering operator" means an entity
22	22	licensed by the commission to provide an account for account
23	23	wagering by persons in this state.
24	24	(1-b) "Accredited Texas-bred horse" means a
25	25	Texas-bred horse that meets the accreditation requirements of the
26	26	state horse breed registry for that breed of horse.
27	27	SECTION 2. Subchapter F, Chapter 2025, Occupations Code, is
28	28	amended by adding Section 2025.2511 to read as follows:
29	29	Sec. 2025.2511. ACCOUNT WAGERING LICENSE. (a) A person may
30	30	not offer account wagering, operate as an account wagering
31	31	operator, or act as an employee of a person offering account
32	32	wagering or operating as an account wagering operator unless the
33	33	person or employee, as applicable, holds a license issued by the
34	34	commission under this section.
35	35	(b) The commission shall adopt rules and procedures for
36	36	applying for or issuing, denying, or revoking a license under this
37	37	section in a manner consistent with other licensing provisions of
38	38	this chapter.
39	39	SECTION 3. Section 2027.001(b), Occupations Code, is
40	40	amended to read as follows:
41	41	(b) Rules adopted under this subtitle must include rules to:
42	42	(1) regulate wagering by a person licensed under this
43	43	subtitle;
44	44	(2) prohibit wagering by a commission employee;
45	45	(3) authorize account wagering by [prohibit] a
46	46	racetrack association or an account wagering operator under
47	47	conditions the commission determines appropriate to protect the
48	48	public health and safety [from accepting a wager made by
49	49	telephone]; and
50	50	(4) prohibit a racetrack association from accepting a
51	51	wager made on credit.
52	52	SECTION 4. Section 2027.002, Occupations Code, is amended
53	53	by amending Subsections (a) and (b) and adding Subsections (b-1)
54	54	and (c-1) to read as follows:
55	55	(a) Wagering may be conducted only by:
56	56	(1) a racetrack association within the racetrack
57	57	association's enclosure; or
58	58	(2) an account wagering operator.
59	59	(b) Except as provided by Subsection (b-1), a [A] person may
60	60	not accept, in person, by telephone, or over the Internet, a wager
61	61	for a horse or greyhound race conducted inside or outside this state
62	62	from a person in this state unless the wager is authorized under
63	63	this subtitle.
64	64	(b-1) A racetrack association or an account wagering
65	65	operator may accept account wagering in person or by direct
66	66	telephone call or through other electronic means by the account
67	67	holder. An account wagering operator that is not a racetrack
68	68	association and that conducts, or any of the operator's affiliates
69	69	conducts, live racing shall contract with a racetrack association
70	70	for interstate simulcast wagering. An account wagering operator
71	71	may contract with a racetrack association to offer wagering on live
72	72	races on the account wagering operator's system only as authorized
73	73	under this subtitle.
74	74	(c-1) For purposes of this subtitle, account wagering by a
75	75	person in this state through a racetrack association or an account
76	76	wagering operator is considered wagering by a person in the
77	77	enclosure of the racetrack association or of the racetrack
78	78	association that has contracted with the account wagering operator.
79	79	SECTION 5. Chapter 2028, Occupations Code, is amended by
80	80	adding Subchapter B-1 to read as follows:
81	81	SUBCHAPTER B-1. GENERAL DEDUCTIONS FROM ACCOUNT WAGERING
82	82	Sec. 2028.071. DEDUCTIONS FROM ACCOUNT WAGERING. (a) The
83	83	commission shall adopt rules setting the amount, less refunds, that
84	84	may be deducted from the gross pari-mutuel handle of the racetrack
85	85	association or account wagering operator conducting account
86	86	wagering, provided that amount is not less than six percent of the
87	87	handle.
88	88	(b) The amount of all fees paid to the commission from
89	89	account wagering may not exceed one percent of the total gross
90	90	account wagering receipts, as determined by the computational
91	91	equipment approved by the commission for calculating wagering as
92	92	required under Section 2027.003, from wagers placed by persons in
93	93	this state with each racetrack association or account wagering
94	94	operator offering account wagering.
95	95	SECTION 6. As soon as practicable after the effective date
96	96	of this Act, the Texas Racing Commission shall adopt the rules
97	97	necessary to implement the change in law made by this Act.
98	98	SECTION 7. This Act takes effect September 1, 2023.