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 2025.201. Grounds for Denial, Revocation, or Suspension of Racetrack License

Sec. 2025.201.  GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION OF RACETRACK LICENSE.  (a)  The commission may refuse to issue a racetrack license or may revoke or suspend a 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, including a conviction for which the punishment received was a suspended sentence, probation, or a nonadjudicated conviction, 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 falsely or incorrectly answered a question in an 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 not at least the minimum age necessary to purchase alcoholic beverages in this state;
(10)  is in the habit of using alcoholic beverages to an excess or uses a controlled substance as defined by Chapter 481, Health and Safety Code, or a dangerous drug as defined in Chapter 483, Health and Safety Code, or is mentally incapacitated;
(11)  may be excluded from an enclosure under this subtitle;
(12)  has not been a United States citizen residing in this state for the 10 consecutive years preceding the filing of the application;
(13)  has improperly used a credential, including a license certificate or identification card, issued under this subtitle;
(14)  resides with a person whose license was revoked for cause during the 12 months preceding the date of the present application;
(15)  has failed or refused to furnish a true copy of the application to the commission's district office in the district in which the premises for which the license is sought are located;
(16)  is engaged or has engaged in activities or practices the commission determines are detrimental to the best interests of the public and the sport of horse racing or greyhound racing; or
(17)  fails to fully disclose the true owners of all interests, beneficial or otherwise, in a proposed racetrack.
(b)  Subsection (a) applies to a corporation, partnership, limited partnership, or any other organization or group whose application is composed of more than one person if a shareholder, partner, limited partner, director, or officer is disqualified under Subsection (a).
(c)  The commission may refuse to issue a license or may suspend or revoke a license of a license holder under this subchapter who knowingly or intentionally allows access to an enclosure where horse races or greyhound races are conducted to a person:
(1)  who has engaged in bookmaking, touting, or illegal wagering;
(2)  whose income is from illegal activities or enterprises; or
(3)  who has been convicted of a violation of this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.