HB4757 - Relating to eligibility for membership on and the regulation of horse racing by the Texas Racing Commission and a prohibition on the conduct of greyhound or other dog racing as live events in this state; creating a criminal offense; authorizing a fee.

  89R15801 BEE-F     By: Thompson H.B. No. 4757       A BILL TO BE ENTITLED   AN ACT   relating to eligibility for membership on and the regulation of   horse racing by the Texas Racing Commission and a prohibition on the   conduct of greyhound or other dog racing as live events in this   state; creating a criminal offense; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  MEMBERSHIP ON AND REGULATION OF HORSE RACING BY TEXAS   RACING COMMISSION          SECTION 1.001.  Section 2021.003, Occupations Code, is   amended by adding Subdivision (29-a) to read as follows:                 (29-a)     "Occupational license" means a license issued   to an individual to conduct activities prescribed for that license   in the commission rules.          SECTION 1.002.  Section 2021.006, Occupations Code, is   amended to read as follows:          Sec. 2021.006.  RELEASE OF CIVIL LIABILITY. A commission   member, a commission employee, a person contracted by the   commission, a steward or judge, a racetrack association, a   horsemen's organization, or any other person regulated under this   subtitle is not liable for a cause of action that arises out of that   person's performance or exercise of discretion in the   implementation or enforcement of this subtitle or a rule adopted   under this subtitle if the person has acted in good faith.          SECTION 1.003.  Section 2022.004(e), Occupations Code, is   amended to read as follows:          (e)  A person is not eligible for appointment as a commission   member or to be designated to serve as an ex officio member's   designee as described by Section 2022.001(b) if:                (1)  the person or the person's spouse:                      (A)  is licensed by the commission, except as a   commissioner;                      (B)  is employed by the commission or participates   in the management of a business entity or other organization   regulated by the commission or receiving funds from or through the   commission;                      (C)  owns or controls, directly or indirectly,   more than a 10 percent interest in a business entity or other   organization regulated by the commission or receiving funds from or   through the commission; or                      (D)  uses or receives a substantial amount of   tangible goods, services, or funds from or through the commission,   other than compensation or reimbursement authorized by law for   commission membership, attendance, or expenses; or                (2)  the person:                      (A)  owns any financial interest in a racetrack or   its operation or is related within the second degree by affinity or   the third degree by consanguinity, as determined under Subchapter   B, Chapter 573, Government Code, to a person who owns any financial   interest in a racetrack or its operation; or                      (B)  has been convicted of a felony [ or of any   crime involving moral turpitude ].          SECTION 1.004.  The heading to Section 2022.052, Occupations   Code, is amended to read as follows:          Sec. 2022.052.  EMPLOYEES; RESTRICTIONS ON EMPLOYMENT ;   CONTRACTING .          SECTION 1.005.  Sections 2022.052(a) and (c), Occupations   Code, are amended to read as follows:          (a)  The commission shall hire employees or contract with   persons as necessary to administer this subtitle.          (c)  The commission may not employ or continue to employ or   contract with or continue to contract with a person who:                (1)  owns or controls a financial interest in a   commission license holder;                (2)  is employed by or serves as a paid consultant to a   commission license holder, an official state breed registry, or a   Texas trade association, as defined by Section 2022.004(a), in the   field of horse [ or greyhound ] racing or breeding;                (3)  owns or leases a race animal that participates in   pari-mutuel racing in this state;                (4)  accepts or is entitled to any part of the purse or   Texas-bred incentive award to be paid on a horse [ or a greyhound ] in   a race conducted in this state; or                (5)  resides with or is related within the first degree   by affinity or consanguinity to a person subject to a   disqualification prescribed by this subsection.          SECTION 1.006.  Subchapter B, Chapter 2022, Occupations   Code, is amended by adding Section 2022.0516 to read as follows:           Sec.   2022.0516.     GRANTS. The executive director may apply   for and receive any grant applicable to the implementation or   enforcement of this subtitle or a rule adopted under this subtitle.          SECTION 1.007.  Chapter 2022, Occupations Code, is amended   by adding Subchapter D to read as follows:   SUBCHAPTER D. TEXAS EQUINE EDUCATION AND RESEARCH COUNCIL AND   ESCROW ACCOUNT           Sec. 2022.151.  DEFINITIONS. In this subchapter:                 (1)     "Council" means the Texas equine education and   research council.                 (2)     "Escrow account" means the Texas equine education   and research escrow account.           Sec.   2022.152.     TEXAS EQUINE EDUCATION AND RESEARCH ESCROW   ACCOUNT. The Texas equine education and research escrow account is   a special account in the general revenue fund. Money deposited to   the credit of the escrow account may be used only for the purposes   described in this subchapter.           Sec.   2022.153.     TEXAS EQUINE EDUCATION AND RESEARCH COUNCIL.   (a) The Texas equine education and research council is composed of:                 (1)  the executive director; and                   (2)     one representative designated by each of the   following entities:                       (A)     Texas A&M Veterinary Medical Diagnostic   Laboratory;                       (B)  Texas A&M AgriLife Extension Service;                       (C)     Texas A&M School of Veterinary Medicine &   Biomedical Sciences;                       (D)  Texas Animal Health Commission; and                       (E)  Department of State Health Services.           (b)     The executive director serves as the council's   presiding officer.          SECTION 1.008.  Section 2023.053(f), Occupations Code, is   amended to read as follows:          (f)  This section does not apply to money deposited into the   Texas-bred escrow account [ incentive fund ] established under   Section 2028.301.          SECTION 1.009.  Section 2023.061(a), Occupations Code, is   amended to read as follows:          (a)  Not later than January 31 of each year, the commission   may [ shall ] file a report with the governor, lieutenant governor,   and speaker of the house of representatives. The report may   include, to the extent the commission considers appropriate:                 (1)     descriptions of changes to commission programs;   and                 (2)     recommendations to the governor and the   legislature.            SECTION 1.010.  Section 2024.055(b), Occupations Code, is   amended to read as follows:          (b)  This section does not apply to money deposited into the   Texas-bred escrow account [ incentive fund ] established under   Section 2028.301.          SECTION 1.011.  Section 2025.103(a), Occupations Code, is   amended to read as follows:          (a)  After a racetrack association has been granted a license   to operate a racetrack and before the completion of construction at   the designated place for which the license was issued, the   commission may, on application by the racetrack association, issue   a temporary license that authorizes the racetrack association to   conduct races at a location in the same county until the earlier of:                (1)  the fifth [ second ] anniversary of the date of   issuance of the temporary license; or                (2)  the completion of the permanent facility.          SECTION 1.012.  Section 2025.262, Occupations Code, is   amended to read as follows:          Sec. 2025.262.  GROUNDS FOR DENIAL, REVOCATION, AND   SUSPENSION OF OCCUPATIONAL LICENSE. The commission may refuse to   issue any original or renewal license under this subchapter or may   revoke or suspend the license if, after notice and hearing, the   commission finds that the applicant or license holder, as   appropriate:                (1)  has been convicted of a violation of this subtitle   or a commission rule or has aided, abetted, or conspired to commit a   violation of this subtitle or a commission rule;                (2)  has been convicted of a felony [ or a crime   involving moral turpitude ] that is reasonably related to the   person's present fitness to hold a license under this subtitle;                (3)  has violated or has caused to be violated this   subtitle or a commission rule in a manner that involves moral   turpitude, as distinguished from a technical violation of this   subtitle or a rule;                (4)  is unqualified, by experience or otherwise, to   perform the duties required of a license holder under this   subtitle;                (5)  failed to answer or has falsely or incorrectly   answered a question in an original or renewal application;                (6)  fails to disclose the true ownership or interest   in a horse [ or greyhound ] as required by commission rules;                (7)  is indebted to this state for any fee or for the   payment of a penalty imposed by this subtitle or a commission rule;                (8)  is not of good moral character or the person's   reputation as a peaceable, law-abiding citizen in the community   where the person resides is bad;                (9)  is in the habit of using alcoholic beverages to an   e [Text truncated for display. 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