reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.108. Final Decision; Availability of Appeal

Sec. 2023.108.  FINAL DECISION; AVAILABILITY OF APPEAL.  (a)  A decision of a steward or judge that is not reviewed or modified by the executive director is a final decision.
(b)  Any decision of a steward or judge may be appealed under Section 2023.109 regardless of whether the decision is modified by the executive director.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.109. Appeal From Decision of Race Meeting Official; Decisions Not Appealable

Sec. 2023.109.  APPEAL FROM DECISION OF RACE MEETING OFFICIAL; DECISIONS NOT APPEALABLE.  (a)  Except as provided by Subsection (b), a final decision of the stewards or judges may be appealed to the commission in the manner provided for a contested case under Chapter 2001, Government Code.
(b)  A decision of the stewards or judges on a disqualification for a foul in a race or on a finding of fact regarding the running of a race is final and may not be appealed.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter A. General Powers and Duties › Section 2024.001. Comptroller Rules

Sec. 2024.001.  COMPTROLLER RULES.  The comptroller may adopt rules for the enforcement of the comptroller's powers and duties under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter A. General Powers and Duties › Section 2024.002. Inspection of Books, Records, and Financial Statements

Sec. 2024.002.  INSPECTION OF BOOKS, RECORDS, AND FINANCIAL STATEMENTS.  (a)  The comptroller may inspect all books, records, and financial statements required by the commission under Section 2022.105.
(b)  The comptroller by rule may specify the form and manner in which the books, records, and financial statements are to be kept and reports that relate to the state's share of a pari-mutuel pool are to be filed.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter A. General Powers and Duties › Section 2024.003. Right of Entry

Sec. 2024.003.  RIGHT OF ENTRY.  The comptroller and the agents authorized by the comptroller may enter at any time the office, racetrack, or other place of business of a racetrack association or totalisator license holder to:
(1)  inspect books, records, or financial statements; or
(2)  inspect and test the totalisator system to determine the accuracy of totalisator-generated reports and calculations relating to the state's share of a pari-mutuel pool.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter B. Collection and Deposit of State's Share of Pari-Mutuel Pool › Section 2024.051. Collection and Deposit of State's Share

Sec. 2024.051.  COLLECTION AND DEPOSIT OF STATE'S SHARE.  (a)  The comptroller by rule may prescribe procedures for the collection and deposit of the state's share of each pari-mutuel pool.
(b)  A racetrack association shall deposit the state's share of each pari-mutuel pool at the time and in the manner prescribed by comptroller rule.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter B. Collection and Deposit of State's Share of Pari-Mutuel Pool › Section 2024.052. Security

Sec. 2024.052.  SECURITY.  (a)  The comptroller by rule may require each racetrack association to post security in an amount estimated to be sufficient to cover the amount of state money that the racetrack association will collect and hold between bank deposits to ensure payment of the state's share of a pari-mutuel pool.
(b)  The following are acceptable as security for purposes of this section:
(1)  cash;
(2)  a cashier's check;
(3)  a surety bond;
(4)  an irrevocable bank letter of credit;
(5)  a United States Treasury bond that is readily convertible to cash; or
(6)  an irrevocable assignment of a federally insured account in a bank, savings and loan institution, or credit union.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter B. Collection and Deposit of State's Share of Pari-Mutuel Pool › Section 2024.053. Certification of Noncompliance; Administrative Appeal

Sec. 2024.053.  CERTIFICATION OF NONCOMPLIANCE; ADMINISTRATIVE APPEAL.  (a)  The comptroller shall certify to the commission the fact that a racetrack association or totalisator company:
(1)  does not comply with a rule adopted by the comptroller under this chapter;
(2)  refuses to allow access to or inspection of any of the racetrack association's or totalisator company's required books, records, or financial statements;
(3)  refuses to allow access to or inspection of the totalisator system; or
(4)  becomes delinquent for:
(A)  the state's share of a pari-mutuel pool; or
(B)  any other tax collected by the comptroller.
(b)  With regard to the state's share of a pari-mutuel pool and any penalty related to the state's share, the comptroller, acting independently of the commission, may take any collection or enforcement action authorized under the Tax Code against a delinquent taxpayer.
(c)  An administrative appeal related to the state's share of a pari-mutuel pool or late reporting or deposit of the state's share is to the comptroller and then to the courts, as provided by Title 2, Tax Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter B. Collection and Deposit of State's Share of Pari-Mutuel Pool › Section 2024.054. Penalties for Late Payment or Report

Sec. 2024.054.  PENALTIES FOR LATE PAYMENT OR REPORT.  (a)  A racetrack association is liable for a penalty if the racetrack association does not pay the state's share of a pari-mutuel pool or file a report related to the payment of that share on or before the time the payment or report is due.
(b)  The amount of the penalty under Subsection (a) is the greater of:
(1)  five percent of the total amount due; or
(2)  $1,000.
(c)  An additional penalty in an amount equal to one percent of the unpaid amount of the state's share of the pari-mutuel pool shall be added for each business day that the required report or payment is late, up to a maximum penalty of 12 percent.
(d)  A penalty under this section may be waived in a situation in which a penalty would be waived under Section 111.103, Tax Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter B. Collection and Deposit of State's Share of Pari-Mutuel Pool › Section 2024.055. Deposit of State's Share

Sec. 2024.055.  DEPOSIT OF STATE'S SHARE.  (a)  The comptroller shall deposit the state's share of each pari-mutuel pool from horse racing and greyhound racing in the general revenue fund.
(b)  This section does not apply to money deposited into the Texas-bred incentive fund established under Section 2028.301.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1366 (H.B. 3366), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2024 - Powers and Duties of Comptroller › Subchapter C. Applicability of Other Law › Section 2024.101. Applicability of Certain Tax Code Provisions

Sec. 2024.101.  APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  (a)  Unless inconsistent with this subtitle, Chapters 111 through 113, Tax Code, including provisions relating to the assessment of penalties and interest, apply to the collection of the state's share of a pari-mutuel pool under this subtitle.
(b)  The state's share of a pari-mutuel pool under this subtitle is treated as if it were a tax for purposes of this section in applying the provisions of the Tax Code described by Subsection (a).
(c)  The comptroller may use any procedure authorized under Title 2, Tax Code, for purposes of collecting the state's share of a pari-mutuel pool under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter A. General Provisions › Section 2025.001. Commission Licensing Duties

Sec. 2025.001.  COMMISSION LICENSING DUTIES.  (a)  To preserve and protect the public health, welfare, and safety, the commission shall adopt rules relating to license applications and the financial responsibility, moral character, and ability of applicants.
(a-1)  The commission shall comply with Chapter 53 in the administration of the commission's licensing program.
(b)  The commission shall prescribe application forms for licenses issued under this subtitle and shall provide each occupational license holder with a credential.
(c)  The commission shall annually prescribe reasonable license fees for each category of license issued under this subtitle.
(d)  The commission by rule shall set fees in amounts reasonable and necessary to cover the commission's costs of regulating, overseeing, and licensing live and simulcast racing at racetracks.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter A. General Provisions › Section 2025.002. License as Privilege

Sec. 2025.002.  LICENSE AS PRIVILEGE.  The operation of a racetrack and the participation in racing are privileges, not rights, granted only by the commission by license and subject to reasonable and necessary conditions set by the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter A. General Provisions › Section 2025.003. Fingerprints Required

Sec. 2025.003.  FINGERPRINTS REQUIRED.  (a)  An applicant for a license or license renewal under this subtitle must, except as otherwise provided by Section 2025.261, submit to the commission a complete set of fingerprints for:
(1)  the applicant; or
(2)  if the applicant is not an individual, each officer or director of, and each person who owns at least a five percent interest in, the applicant.
(b)  The Department of Public Safety may request any person owning any interest in an applicant for a racetrack license to submit a complete set of fingerprints.
(c)  A peace officer of any state, or any district office of the commission, shall take the fingerprints of an applicant for a license or license renewal on forms approved and furnished by the Department of Public Safety and immediately deliver the forms to the commission.
(d)  If a complete set of fingerprints is required by the commission, the commission shall, not later than the 10th business day after the date the commission receives the fingerprints, forward the fingerprints to the Department of Public Safety or the Federal Bureau of Investigation.  If the fingerprints are forwarded to the Department of Public Safety, the department shall:
(1)  classify the fingerprints and check the fingerprints against the department's fingerprint files; and
(2)  report to the commission the department's findings concerning the existence or lack of a criminal record of the applicant.
(e)  The commission may not issue a racetrack license until the report under Subsection (d) is made to the commission.  The commission may issue a temporary occupational license before the report is made to the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.051. Racetrack License Required; Criminal Penalty

Sec. 2025.051.  RACETRACK LICENSE REQUIRED; CRIMINAL PENALTY.  A person may not conduct wagering on a horse or greyhound race meeting without first obtaining a racetrack license issued by the commission.  A person who violates this section commits an offense.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.053. Application Fee

Sec. 2025.053.  APPLICATION FEE.  (a)  The commission shall require each applicant for an original racetrack license to pay the required application fee.  The fee must accompany the application and be paid in the form of a cashier's check or certified check.
(b)  The commission shall set application fees in amounts reasonable and necessary to cover the costs of administering this subtitle.  The commission by rule shall establish a schedule of application fees for the various types and classifications of racetracks using minimum application fees.  The minimum application fee:
(1)  for a horse racetrack is:
(A)  $15,000 for a class 1 racetrack;
(B)  $7,500 for a class 2 racetrack;
(C)  $2,500 for a class 3 racetrack; and
(D)  $1,500 for a class 4 racetrack; and
(2)  for a greyhound racetrack is $20,000.
(c)  Notwithstanding this section, if a licensed racetrack petitions for a higher racetrack classification, the commission shall impose fees equal to the difference between the fees previously paid and the fees required for the higher classification.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.054. Management, Concession, and Totalisator Contracts

Sec. 2025.054.  MANAGEMENT, CONCESSION, AND TOTALISATOR CONTRACTS.  (a)  The commission shall require each applicant for an original racetrack license to submit with the application for inspection and review by the commission a copy of each management, concession, and totalisator contract associated with the proposed license at the proposed location in which the applicant has an interest.
(b)  An applicant or license holder shall advise the commission of any change in any management, concession, or totalisator contract.
(c)  The criminal history record information, fingerprint, and other information required of a license applicant under Sections 2023.057, 2025.003, and 2025.052(a)(1)-(3) are required of proposed totalisator firms, concessionaires, and managers and management firms.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.055. Confidentiality of Application Documents

Sec. 2025.055.  CONFIDENTIALITY OF APPLICATION DOCUMENTS.  Documents submitted to the commission under Sections 2025.051-2025.054 by an applicant are subject to discovery in a suit brought under this subtitle but are not public records and are not subject to Chapter 552, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.056. Background Check

Sec. 2025.056.  BACKGROUND CHECK.  (a)  The commission shall require a complete personal, financial, and business background check of the applicant or of any person who owns an interest in or exercises control over an applicant for a racetrack license, including the partners, stockholders, concessionaires, management personnel, management firms, and creditors.
(b)  The commission shall refuse to issue or renew a license if, in the commission's sole discretion, the background checks reveal anything that may be detrimental to the public interest or the racing industry.
(c)  The commission may not hold a hearing on the application, or any part of the application, of a racetrack license applicant before the 14th day after the date the completed background check of the applicant has been on file with the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.057. Bond

Sec. 2025.057.  BOND.  (a)  The commission may, at any time, require a holder of or applicant for a racetrack license to post security in an amount reasonably necessary, as provided by commission rule, to adequately ensure the license holder's or applicant's compliance with substantive requirements of this subtitle and commission rules.
(b)  The following are acceptable as security for purposes of this section:
(1)  cash;
(2)  a cashier's check;
(3)  a surety bond;
(4)  an irrevocable bank letter of credit;
(5)  a United States Treasury bond that is readily convertible to cash; or
(6)  an irrevocable assignment of a federally insured deposit in a bank, savings and loan institution, or credit union.
(c)  The security described by Subsection (b) must be:
(1)  conditioned on compliance with this subtitle and commission rules adopted under this subtitle; and
(2)  returned after satisfying the conditions of the security.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter B. Racetrack License Application Requirements › Section 2025.058. Notification of Completed Application

Sec. 2025.058.  NOTIFICATION OF COMPLETED APPLICATION.  When all requirements for the applicant's licensure described in this chapter have been satisfied, the commission shall notify the applicant that the application is complete.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.101. License Eligibility Requirements and Limitations

Sec. 2025.101.  LICENSE ELIGIBILITY REQUIREMENTS AND LIMITATIONS.  (a)  The burden of proof is on the applicant for an original racetrack license to show compliance with this subtitle and commission rules.  An applicant who does not show the necessary compliance is not eligible for a license under this chapter.
(b)  In considering an application for a horse racetrack license under this chapter, the commission shall give additional weight to evidence concerning an applicant who has experience operating a horse racetrack licensed under this subtitle.
(c)  The commission may not issue a license to operate a class 1 or class 2 racetrack or a greyhound racetrack to a corporation unless:
(1)  the corporation is incorporated under the laws of this state; and
(2)  a majority of any of its corporate stock is owned at all times by individuals who meet the residency qualifications prescribed by Section 2025.201 for individual applicants.
(d)  The majority ownership of a partnership, firm, or association applying for or holding a license must be held by citizens who meet the residency qualifications enumerated in Section 2025.201 for individual applicants.  A corporation that holds a license to operate a racetrack under this subtitle and that violates this subsection is subject to forfeiture of its charter.  The attorney general, on receipt of information relating to the violation, shall file suit in a district court of Travis County for cancellation of the charter and revocation of the license issued under this subtitle.
(e)  Subsections (c) and (d) and Section 2025.201(a)(12) do not apply to an applicant for or the holder of a racetrack license if the applicant, the license holder, or the license holder's parent company is a publicly traded company.
(f)  The commission may condition the issuance of a license under this chapter on the observance of commission rules.  The commission may amend the rules at any time and may condition the continued holding of the license on compliance with the rules as amended.
(g)  A person may not own more than a five percent interest in more than three racetracks licensed under this subtitle.
(h)  Notwithstanding any other law, a person who owns an interest in two or more racetracks licensed under this subtitle and who also owns an interest in a license issued under Subtitle B, Title 3, Alcoholic Beverage Code, may own an interest in the premises of another holder of a license or permit under Title 3, Alcoholic Beverage Code, if the premises of that other license or permit holder are part of the premises of a racetrack licensed under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.102. Qualifications for Issuance of Racetrack License

Sec. 2025.102.  QUALIFICATIONS FOR ISSUANCE OF RACETRACK LICENSE.  (a)  The commission may issue a racetrack license to a qualified person if the commission:
(1)  determines that the conduct of race meetings at the proposed racetrack and location:
(A)  will be in the public interest;
(B)  complies with all zoning laws; and
(C)  complies with this subtitle and commission rules; and
(2)  determines by clear and convincing evidence that the applicant will comply with all criminal laws of this state.
(b)  In determining whether to grant or deny an application for any class of racetrack license, the commission may consider:
(1)  the applicant's financial stability;
(2)  the applicant's resources for supplementing the purses for races for various breeds;
(3)  the location of the proposed racetrack;
(4)  the effect of the proposed racetrack on traffic flow;
(5)  facilities for patrons and occupational license holders;
(6)  facilities for race animals;
(7)  availability to the racetrack of support services and emergency services;
(8)  the experience of the applicant's employees;
(9)  the potential for conflict with other licensed race meetings;
(10)  the anticipated effect of the race meeting on the horse or greyhound breeding industry in this state; and
(11)  the anticipated effect of the race meeting on the state and local economy from tourism, increased employment, and other sources.
(c)  The commission shall make a determination on a pending application not later than the 120th day after the date the commission provides the notice required under Section 2025.058.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.103. Issuance of Temporary License

Sec. 2025.103.  ISSUANCE OF TEMPORARY LICENSE.  (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 second anniversary of the date of issuance of the temporary license; or
(2)  the completion of the permanent facility.
(b)  An applicant for a temporary license must pay the application fees and post the bonds required of other license holders before the issuance of a temporary license.
(c)  The commission may set conditions and standards for issuance of a temporary license and allocation of appropriate race days.
(d)  The commission may not issue a new temporary license or an extension of a temporary license to a person or to an individual belonging to a corporation or association that has been granted a temporary license after the temporary license has expired.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.104. Designation of Racetrack License as Active or Inactive

Sec. 2025.104.  DESIGNATION OF RACETRACK LICENSE AS ACTIVE OR INACTIVE.  (a)  The commission shall designate each racetrack license as an active license or an inactive license.  The commission may change the designation of a racetrack license as appropriate.
(b)  The commission shall designate a racetrack license as an active license if the license holder:
(1)  holds live racing events at the racetrack; or
(2)  makes good faith efforts to conduct live racing.
(c)  The commission by rule shall provide guidance on actions that constitute, for purposes of this subtitle, good faith efforts to conduct live racing.
(d)  Before the first anniversary of the date a new racetrack license is issued, the commission shall conduct an evaluation of the license to determine whether the license is an active or inactive license.
(e)  An active license is effective until the license is designated as an inactive license or is surrendered, suspended, or revoked under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.105. Renewal of Inactive Racetrack License; Fees

Sec. 2025.105.  RENEWAL OF INACTIVE RACETRACK LICENSE; FEES.  (a)  The commission by rule shall establish an annual renewal process for inactive licenses and may require the license holder to provide any information required for an original license application under this subtitle.  An inactive license holder must complete the annual renewal process established under this section until the commission:
(1)  designates the license as an active license; or
(2)  refuses to renew the license.
(b)  In determining whether to renew an inactive license, the commission shall consider:
(1)  the inactive license holder's:
(A)  financial stability;
(B)  ability to conduct live racing;
(C)  ability to construct and maintain a racetrack; and
(D)  other good faith efforts to conduct live racing; and
(2)  other necessary factors considered in the issuance of the original license.
(c)  The commission may refuse to renew an inactive license if, after notice and a hearing, the commission determines that:
(1)  renewal of the license is not in the best interests of the racing industry or the public; or
(2)  the license holder has failed to make a good faith effort to conduct live racing.
(d)  The commission shall consult with members of the racing industry and other key stakeholders in developing the license renewal process under this section.
(e)  The commission shall set and collect renewal fees in amounts reasonable and necessary to cover the costs of administering and enforcing this section.
(f)  The commission by rule shall establish criteria to make the determinations under Subsection (c).
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.106. Commission Review of Active Racetrack License; Fee

Sec. 2025.106.  COMMISSION REVIEW OF ACTIVE RACETRACK LICENSE; FEE.  (a)  The commission shall review the ownership and management of an active license issued under this chapter every five years beginning on the fifth anniversary of the date of issuance of the license.
(b)  In performing the review, the commission may require the license holder to provide any information that would be required to be provided in connection with an original license application under this chapter.
(c)  The commission shall charge fees for the review in amounts sufficient to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.107. Racetrack License Not Transferable; Temporary License

Sec. 2025.107.  RACETRACK LICENSE NOT TRANSFERABLE; TEMPORARY LICENSE.  (a)  A racetrack license is not transferable.
(b)  If the death of any person causes a violation of the licensing provisions of this subtitle, the commission may issue, in accordance with commission rules, a temporary license for a period not to exceed one year.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter C. Racetrack License Issuance and Renewal › Section 2025.108. Racetrack License Annual Fee

Sec. 2025.108.  RACETRACK LICENSE ANNUAL FEE.  The commission may prescribe a reasonable annual fee to be paid by each racetrack license holder.  The fee must be in an amount sufficient to provide that the total amount of fees imposed under this section, the license fees prescribed under Section 2025.001(c), and the renewal fees prescribed under Section 2025.105(e) are sufficient to cover the costs of administering and enforcing this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter D. Greyhound Racetrack Licenses › Section 2025.151. Limitation on Number of Greyhound Racetrack Licenses

Sec. 2025.151.  LIMITATION ON NUMBER OF GREYHOUND RACETRACK LICENSES.  The commission may not issue licenses for more than three greyhound racetracks in this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter D. Greyhound Racetrack Licenses › Section 2025.152. Location Restriction for Greyhound Racetrack

Sec. 2025.152.  LOCATION RESTRICTION FOR GREYHOUND RACETRACK.   Each greyhound racetrack must be located in a county that:
(1)  has a population of more than 190,000;
(2)  borders the Gulf of Mexico; and
(3)  includes all or part of an island that borders the Gulf of Mexico.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter E. Disciplinary Action for Racetrack License Holders › Section 2025.202. Disciplinary Action; Administrative Penalty

Sec. 2025.202.  DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.  (a)  The commission by rule shall establish procedures for disciplinary action against a racetrack license holder.
(b)  Notwithstanding the requirements of Section 2033.151, if, after notice and hearing as provided by Section 2033.152, the commission finds that a racetrack license holder or a person employed by the racetrack has violated this subtitle or a commission rule, or if the commission finds during a review or renewal that the racetrack is ineligible for a license under this chapter, the commission may:
(1)  revoke, suspend, or refuse to renew the racetrack license;
(2)  impose an administrative penalty as provided under Section 2033.051; or
(3)  take any other action as provided by commission rule.
(c)  The commission may not revoke an active license unless the commission reasonably determines that other disciplinary actions are inadequate to remedy the violation.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter E. Disciplinary Action for Racetrack License Holders › Section 2025.203. Summary Suspension

Sec. 2025.203.  SUMMARY SUSPENSION.  (a)  The commission may summarily suspend a racetrack license if the commission determines that a racetrack at which races or pari-mutuel wagering are conducted under the license is being operated in a manner that constitutes an immediate threat to the health, safety, or welfare of the racing participants or the patrons.
(b)  After issuing a summary suspension order, the executive director shall serve on the racetrack association an order:
(1)  stating the specific charges; and
(2)  requiring the license holder immediately to cease and desist from all conduct permitted by the license.
(c)  The executive director shall serve the order by personal delivery or registered or certified mail, return receipt requested, to the license holder's last known address.  The order must contain a notice that a request for hearing may be filed under this subchapter.
(d)  A summary suspension order continues in effect unless the order is stayed by the executive director.  The executive director may impose any condition before granting a stay of the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter E. Disciplinary Action for Racetrack License Holders › Section 2025.204. Summary Suspension Hearing

Sec. 2025.204.  SUMMARY SUSPENSION HEARING.  (a)  A racetrack association that is the subject of a summary suspension order may request a hearing.  The request must be filed with the executive director not later than the 10th day after the date the order was received or delivered.  The request must:
(1)  be in writing;
(2)  be directed to the executive director; and
(3)  state the grounds for the request to set aside or modify the order.
(b)  Unless a license holder who is the subject of the order requests a hearing in writing before the 11th day after the date the order is received or delivered, the order is final and nonappealable as to that license holder.
(c)  On receiving a request for a hearing, the executive director shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested.  The hearing must be held not later than the 10th day after the date the executive director receives the request for a hearing unless the parties agree to a later hearing date.
(d)  At the hearing, the commission has the burden of proof and must present evidence in support of the order.  The license holder requesting the hearing may cross-examine witnesses and show cause why the order should not be affirmed.
(e)  Section 2003.021(b), Government Code, does not apply to a hearing conducted under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter E. Disciplinary Action for Racetrack License Holders › Section 2025.205. Summary Suspension Final Order

Sec. 2025.205.  SUMMARY SUSPENSION FINAL ORDER.  After the hearing on the suspension of a racetrack license, the executive director shall affirm, modify, or set aside, wholly or partly, the summary suspension order. An order affirming or modifying the summary suspension order is final for purposes of enforcement and appeal.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.251. Occupational License Required

Sec. 2025.251.  OCCUPATIONAL LICENSE REQUIRED.  (a)  Except as provided by this section, a person, other than as a spectator or as a person placing a wager, may not participate in pari-mutuel racing activities or wagering without first obtaining a license from the commission.  A person may not engage in any occupation for which commission rules require a license under this subtitle without first obtaining a license from the commission.
(b)  The commission shall determine the occupations that afford an opportunity to influence racing with pari-mutuel wagering, including individuals who:
(1)  work in an occupation as an employee, contractor, or volunteer to afford the individual an opportunity to influence racing with pari-mutuel wagering; or
(2)  will likely have significant access to the backside of a racetrack or to restricted areas of the frontside of a racetrack.
(c)  Notwithstanding Subsection (b), the following individuals require a criminal history background check before an occupational license is issued: commissioners, regulatory employees and contractors hired by the commission, racetrack association employees, training facility employees, and employees of either a recognized horseman's organization or licensed racehorse owners.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 70, eff. June 13, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.252. License Categories

Sec. 2025.252.  LICENSE CATEGORIES.  The commission shall adopt categories of licenses for the various occupations licensed under this subchapter and shall specify by rule the qualifications and experience required for licensing in each category that requires specific qualifications or experience.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.253. Examination Notification

Sec. 2025.253.  EXAMINATION NOTIFICATION.  (a)  If an examination is required for the issuance of a license under this subchapter, the commission shall notify each examinee of the results of the examination not later than the 30th day after the date the licensing examination is administered under this subtitle.
(b)  If requested in writing by a person who fails a licensing examination administered under this subtitle, the commission shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.254. Issuance of License

Sec. 2025.254.  ISSUANCE OF LICENSE.  The commission shall issue a license to a qualified person on application and payment of the license fee.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.255. Issuance of Identification Card

Sec. 2025.255.  ISSUANCE OF IDENTIFICATION CARD.  The commission shall issue a license certificate under this subchapter in the form of an identification card with a photograph and other information as prescribed by the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.256. License Fees

Sec. 2025.256.  LICENSE FEES.  (a)  The commission by rule shall adopt a fee schedule for licenses issued under this subchapter.
(b)  The commission shall base the license fee amounts on the relative or comparative incomes or property interests of the various categories of license holders, with the lower income categories charged nearer the minimum fee and the higher income categories charged nearer the maximum fee.
(c)  In setting the fee schedule under Subsection (a), the commission shall include the cost of criminal history record information obtained under Section 2023.058.  The commission may determine the best method for recovering this cost and complying with this section, including collecting the costs over an extended period.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.257. Term of License; Renewal

Sec. 2025.257.  TERM OF LICENSE; RENEWAL.  (a)  A license issued under this subchapter is valid for a period set by the commission not to exceed 36 months following the date of issuance.  The license is renewable on the:
(1)  completion of an application;
(2)  receipt of satisfactory results of a criminal history record information check; and
(3)  payment of the fee in accordance with commission rules.
(b)  The commission by rule may adopt a system under which licenses expire on various dates during the year.  For the year in which the license expiration date is changed, license fees shall be prorated on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.258. Criminal History Record Information

Sec. 2025.258.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The commission shall obtain criminal history record information on each applicant renewing an occupational license under this subchapter.
(b)  The commission shall ensure that criminal history record information is obtained on each license holder at least once every 36 months.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.259. License Valid Throughout State

Sec. 2025.259.  LICENSE VALID THROUGHOUT STATE.  A license issued under this subchapter is valid, as determined by the commission, at all race meetings conducted in this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2025 - Licensing › Subchapter F. Occupational Licenses › Section 2025.261. Reciprocal Licenses; Out-of-State Applicants

Sec. 2025.261.  RECIPROCAL LICENSES; OUT-OF-STATE APPLICANTS.  (a)  The commission may waive any prerequisite to obtaining a license for an applicant, including any requirement to submit a set of fingerprints, after reviewing the applicant's credentials and determining that the applicant holds a license from another state that has license requirements substantially equivalent to the requirements of this state.
(b)  The commission may waive any prerequisite to obtaining a license, including any requirement to submit a set of fingerprints, for an applicant who holds a license from another state with which this state has a reciprocity agreement.  The commission may enter into agreements with other states to allow for licensing by reciprocity.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.