HB5013 - Relating to the Texas Racing Commission and the regulation of dog races, including greyhound races, as live events in this state and of simulcast wagering on greyhound races conducted out of state.

  89R8836 PRL-D     By: Cain H.B. No. 5013       A BILL TO BE ENTITLED   AN ACT   relating to the Texas Racing Commission and the regulation of dog   races, including greyhound races, as live events in this state and   of simulcast wagering on greyhound races conducted out of state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.172(a), Government Code, is amended   to read as follows:          (a)  The office shall:                (1)  as the primary state governmental entity   responsible for out-of-state tourism marketing and promotion   efforts, promote and advertise within the United States and in   foreign countries, by radio, television, newspaper, the Internet,   and other means considered appropriate, tourism in this state by   non-Texans, including persons from foreign countries, and   distribute promotional materials through appropriate distribution   channels;                (2)  represent the state in domestic and international   travel trade shows, trade missions, and seminars;                (3)  encourage travel by Texans to this state's scenic,   historical, cultural, natural, agricultural, educational,   recreational, and other attractions;                (4)  conduct a public relations campaign to create a   responsible and accurate national and international image of this   state;                (5)  use current market research to develop a tourism   marketing plan to increase travel to the state by domestic and   international visitors;                (6)  develop methods to attract tourist attractions to   the state;                (7)  assist communities to develop tourist   attractions;                (8)  not later than December 31, 2003, enter into a   memorandum of understanding with the Parks and Wildlife Department,   the Texas Department of Transportation, the Texas Historical   Commission, and the Texas Commission on the Arts to direct the   efforts of those agencies in all matters relating to tourism;                (9)  promote and encourage the horse racing [ and   greyhound racing ] industry, if funds are appropriated for the   promotion or encouragement; and                (10)  promote the sports industry and related   industries in this state, including promoting this state as a host   for national and international amateur athletic competition and   promoting sports or fitness programs for the residents of this   state, if funds are appropriated for the promotion.          SECTION 2.  The heading to Section 751.0021, Health and   Safety Code, is amended to read as follows:          Sec. 751.0021.  APPLICABILITY TO CERTAIN HORSE [ AND   GREYHOUND ] RACES.          SECTION 3.  Section 751.0021(a), Health and Safety Code, is   amended to read as follows:          (a)  This chapter applies to a horse [ or greyhound ] race that   attracts or is expected to attract at least 100 persons, except that   this chapter does not apply if the race is held at a location at   which pari-mutuel wagering is authorized under Subtitle A-1, Title   13, Occupations Code (Texas Racing Act).          SECTION 4.  Section 2021.002, Occupations Code, is amended   to read as follows:          Sec. 2021.002.  PURPOSE. The purpose of this subtitle is to   provide for the strict regulation of horse racing [ and greyhound   racing ] and the control of pari-mutuel wagering in connection with   that racing.          SECTION 5.  Sections 2021.003(30), (34), (41), (42), (44),   (45), and (54), Occupations Code, are amended to read as follows:                (30)  "Outstanding ticket" means a pari-mutuel ticket   not presented for payment before the end of the horse racing day [ or   greyhound racing day ] for which the ticket was purchased.                (34)  "Pari-mutuel wagering" means the form of wagering   on the outcome of horse racing [ or greyhound racing ] in which   persons who wager purchase tickets of various denominations on an   animal or animals and all wagers for each race are pooled and held   by the racetrack association for distribution of the total amount,   less the deductions authorized by this subtitle, to holders of   tickets on the winning animals.                (41)  "Racetrack" means a facility licensed under this   subtitle for the conduct of pari-mutuel wagering on horse racing   [ or greyhound racing ].                (42)  "Racetrack association" means a person licensed   under this subtitle to conduct a horse race meeting [ or a greyhound   race meeting ] with pari-mutuel wagering.                (44)  "Regular wagering" means wagering on a single   horse [ or greyhound ] in a single race. The term includes wagering on   the win pool, the place pool, or the show pool.                (45)  "Sending track" means any licensed track for   horse [ or greyhound ] racing in this state or another state from   which a race is transmitted.                (54)  "Trainer" means a person who is licensed by the   commission to train horses [ or greyhounds ].          SECTION 6.  Chapter 2021, Occupations Code, is amended by   adding Section 2021.010 to read as follows:           Sec.   2021.010.     DOG RACING PROHIBITED.   Any form of dog   racing, including greyhound racing, conducted as a live racing   event in this state is prohibited.          SECTION 7.  Section 2022.001(c), Occupations Code, is   amended to read as follows:          (c)  Of the appointed commission members:                (1)  five members must be representatives of the   general public and have general knowledge of business or   agribusiness; and                (2)   two members  [ one additional member ] must have   special knowledge or experience related to horse racing[ ; and                [ (3)     one additional member must have special knowledge   or experience related to greyhound racing ].          SECTION 8.  Section 2022.004(b), Occupations Code, is   amended to read as follows:          (b)  A person may not be a commission member and may not be a   commission employee employed in a "bona fide executive,   administrative, or professional capacity," as that phrase is used   for purposes of establishing an exemption to the overtime   provisions of the federal Fair Labor Standards Act of 1938 (29   U.S.C. Section 201 et seq.), if:                (1)  the person is an officer, employee, or paid   consultant of a Texas trade association in the field of horse [ or   greyhound ] racing or breeding; or                (2)  the person's spouse is an officer, manager, or paid   consultant of a Texas trade association in the field of horse [ or   greyhound ] racing or breeding.          SECTION 9.  Section 2022.052(c), Occupations Code, is   amended to read as follows:          (c)  The commission may not employ or continue to employ 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 10.  The heading to Subchapter A, Chapter 2023,   Occupations Code, is amended to read as follows:   SUBCHAPTER A. REGULATION, SUPERVISION, AND LICENSING RELATING TO   HORSE RACING [ AND GREYHOUND RACING ]          SECTION 11.  Section 2023.001, Occupations Code, is amended   to read as follows:          Sec. 2023.001.  LICENSING, REGULATION, AND SUPERVISION OF   HORSE RACING [ AND GREYHOUND RACING ].  (a)  Notwithstanding any   contrary provision in this subtitle, the commission may license and   regulate all aspects of horse racing [ and greyhound racing ] in this   state, regardless of whether that racing involves pari-mutuel   wagering.          (b)  The commission, in adopting rules and in the supervision   and conduct of racing, shall consider the effect of a proposed   commission action on the state's agricultural, horse breeding, and   horse training[ , greyhound breeding, and greyhound training ]   industry.          SECTION 12.  Section 2023.002, Occupations Code, is amended   to read as follows:          Sec. 2023.002.  REGULATION AND SUPERVISION OF WAGERING AT   RACE MEETINGS. (a)  The commission shall regulate and supervise   each race meeting in this state that involves wagering on the result   of horse racing [ or greyhound racing ]. Each person and thing   relating to the operation of a race meeting is subject to regulation   and supervision by the commission.          (b)  The commission shall adopt rules, issue licenses, and   take any other necessary action relating exclusively to horse   racing [ or greyhound racing ].          SECTION 13.  Section 2023.004(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall adopt:                (1)  rules for conducting horse racing [ or greyhound   racing ] in this state that involves wagering; and                (2)  rules for administering this subtitle in a manner   consistent with this subtitle.          SECTION 14.  Section 2023.056(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall :                 (1)   cooperate with a district attorney, a criminal   district attorney, a county attorney, the Department of Public   Safety, the attorney general, or a peace officer in enforcing this   subtitle ; and                 (2)     investigate, or assist a local law enforcement   agency in the investigation of, an unlawful dog race conducted in   this state .          SECTION 15.  Section 2023.061(b), Occupations Code, is   amended to read as follows:          (b)  The r [Text truncated for display. Full text available on Congress.gov.]