reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.007. Failure to Display Credential

Sec. 2033.007.  FAILURE TO DISPLAY CREDENTIAL.  (a)  For purposes of this section, a request is lawful if it is made:
(1)  at any time by:
(A)  the commission;
(B)  an authorized commission agent;
(C)  the director or a commissioned officer of the Department of Public Safety;
(D)  a peace officer; or
(E)  a steward or judge; and
(2)  at any restricted location that is at a racetrack and is not a public place.
(b)  A person commits an offense if, after a lawful request, the person knowingly fails or refuses to:
(1)  display a credential to another person; or
(2)  give the person's name, residence address, or date of birth to another person.
(c)  Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d)  At the punishment stage of a trial for an offense under Subsection (b)(1), the defendant may raise an issue as to whether the defendant was a license holder at the time of the offense.  If the defendant proves the issue, the offense is a Class C misdemeanor.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.008. Races Conducted on Certain Indian Lands

Sec. 2033.008.  RACES CONDUCTED ON CERTAIN INDIAN LANDS.  (a)  A person commits an offense if the person knowingly wagers on the result of a horse or greyhound race conducted in this state that:
(1)  is held on an American Indian reservation or on American Indian trust land located in this state; and
(2)  is not held under the supervision of the commission under rules adopted under this subtitle.
(b)  An offense under this section is a felony of the third degree.
(c)  It is an exception to the application of this section that the person is a member of a recognized Texas Indian tribe who lives on a reservation or on trust lands located 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.009. Illegal Access to Enclosure

Sec. 2033.009.  ILLEGAL ACCESS TO ENCLOSURE.  (a)  A person commits an offense if the person is a license holder and the person knowingly permits, facilitates, or allows access to an enclosure where races are conducted to another person who the person knows:
(1)  has engaged in bookmaking, touting, or illegal wagering;
(2)  derives income from illegal activities or enterprises;
(3)  has been convicted of a violation of this subtitle; or
(4)  is excluded by the commission from entering a racetrack.
(b)  An offense under this section is a Class B misdemeanor.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.010. Hindering Entry or Search

Sec. 2033.010.  HINDERING ENTRY OR SEARCH.  (a)  A person commits an offense if the person with criminal negligence refuses, denies, or hinders entry to another person who is exercising or attempting to exercise a power of entry under this subtitle or a commission rule.
(b)  A person commits an offense if the person with criminal negligence refuses, denies, hinders, interrupts, disrupts, impedes, or otherwise interferes with a search by a person who is exercising or attempting to exercise a power to search under this subtitle or a commission rule.
(c)  An offense under this section is a Class B misdemeanor.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.011. Forging Pari-Mutuel Ticket

Sec. 2033.011.  FORGING PARI-MUTUEL TICKET.  (a)  In this section, "forge" has the meaning assigned by Section 32.21, Penal Code.
(b)  A person commits an offense if the person knowingly forges a pari-mutuel ticket with the intent to defraud or harm another person.
(c)  An offense under this section is a felony of the third degree.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.012. False Statements

Sec. 2033.012.  FALSE STATEMENTS.  (a)  In this section, "statement" means a representation of fact, including:
(1)  a written or oral statement; or
(2)  a sworn or unsworn statement.
(b)  A person commits an offense if the person knowingly makes a material and false, incorrect, or deceptive statement to another person who is conducting an investigation or exercising discretion under this subtitle or a rule adopted under this subtitle.
(c)  An offense under this section is a state jail felony unless the statement was material in a commission action relating to a racetrack license, in which event the offense is a felony of the third degree.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.013. Touting

Sec. 2033.013.  TOUTING.  (a)  A person commits an offense if, with an intent to deceive and an intent to obtain a benefit, the person knowingly:
(1)  makes a false statement about a horse or greyhound race to another person; or
(2)  offers, agrees to convey, or conveys false information about a horse or greyhound race to another person.
(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)  An offense under this section is a state jail felony if:
(1)  the actor:
(A)  is a license holder under this subtitle or a commission member or employee; and
(B)  knowingly represents that a commission member or employee or a person licensed by the commission is the source of the false information; or
(2)  the false statement or information was contained in racing selection information provided to the public.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.014. Bribery and Corrupt Influence

Sec. 2033.014.  BRIBERY AND CORRUPT INFLUENCE.  (a)  A person commits an offense if, with the intent to influence or affect the outcome of a race in a manner contrary to this subtitle or a commission rule, the person offers, confers, or agrees to confer on another person, or solicits, accepts, or agrees to accept from another person, any benefit as consideration for the actions of a person who receives the benefit relating to the conduct, decision, opinion, recommendation, vote, or exercise of discretion as a license holder or other person associated with or interested in any stable, kennel, horse, greyhound, or horse or greyhound race.
(b)  An offense under this section is a state jail felony unless the recipient of the benefit is a steward, judge, or other racetrack official exercising authority over a horse or greyhound race that the person providing or offering the benefit intended to influence, in which event the offense is a felony of the third degree.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.015. Possession or Use of Prohibited Device or Substance

Sec. 2033.015.  POSSESSION OR USE OF PROHIBITED DEVICE OR SUBSTANCE.  (a)  A person commits an offense if the person possesses a prohibited device or prohibited substance at a racetrack, in an enclosure, or at a training facility.
(b)  A person commits an offense if, with the intent to influence or affect a horse or greyhound race in a manner contrary to this subtitle or a commission rule, the person uses or offers to use:
(1)  a prohibited device; or
(2)  a prohibited substance.
(c)  An offense under Subsection (a) is a Class A misdemeanor unless the actor possessed the prohibited device or prohibited substance with the intent to influence or affect the outcome of a horse or greyhound race in a manner contrary to this subtitle or a commission rule, in which event the offense is a state jail felony.
(d)  An offense under Subsection (b) is a felony of the third degree.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.016. Criminal Conflict of Interest

Sec. 2033.016.  CRIMINAL CONFLICT OF INTEREST.   A person who is a commission member commits an offense if the person:
(1)  accepts, directly or indirectly, employment or remuneration from a racetrack, racetrack association, or other license holder, including a racetrack, racetrack association, or license holder located or residing in another state;
(2)  wagers or causes a wager to be placed on the outcome of a horse or greyhound race conducted in this state; or
(3)  accepts or is entitled to any part of a purse to be paid to an animal in a race 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.017. Offense Involving Minor

Sec. 2033.017.  OFFENSE INVOLVING MINOR.  (a)  A person commits an offense if the person with criminal negligence permits, facilitates, or allows:
(1)  wagering by a minor at a racetrack; or
(2)  entry by a child to the viewing section of a racetrack.
(b)  A person commits an offense if the person is a minor and knowingly engages in wagering at a racetrack.
(c)  An offense under Subsection (a) is a Class B misdemeanor.
(d)  An offense under Subsection (b) is a Class C misdemeanor.
(e)  It is an affirmative defense to prosecution of an offense under Subsection (a)(2) that a child was accompanied by and was in the physical presence of a parent, guardian, or spouse who was 21 years of age or older.
(f)  It is an affirmative defense to prosecution of an offense under Subsection (a) that the minor falsely represented the minor's age by displaying to the person an apparently valid Texas driver's license or identification card issued by the Department of Public Safety that contains a physical description consistent with the minor's appearance.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.018. Search and Seizure

Sec. 2033.018.  SEARCH AND SEIZURE.  (a)  A person consents to a search for a prohibited device, prohibited substance, or other contraband at a time and location described by Subsection (b) if the person:
(1)  accepts a license or other credential issued under this subtitle; or
(2)  enters a racetrack under the authority of a license or other credential alleged to have been issued under this subtitle.
(b)  A search may be conducted by a commissioned officer of the Department of Public Safety or a peace officer, including a peace officer employed by the commission, at any time and at any location at a racetrack, except a location:
(1)  excluded by commission rule from searches under this section; or
(2)  provided by a racetrack association under commission rule for private storage of personal items belonging to a license holder entering a racetrack.
(c)  A person conducting a search under Subsection (b) may seize a prohibited device, prohibited substance, or other contraband discovered during the search.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.019. Prosecution

Sec. 2033.019.  PROSECUTION.  A person subject to prosecution for an offense under this subtitle and another law may be prosecuted under either law.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.020. Venue for Prosecution

Sec. 2033.020.  VENUE FOR PROSECUTION.  Venue for the prosecution of an offense under this subtitle is in Travis County or in a county in which an element of the offense occurred.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter A. Criminal Penalties and Procedures › Section 2033.021. Commission Authority

Sec. 2033.021.  COMMISSION AUTHORITY.  This subchapter does not restrict the commission's administrative authority to enforce this subtitle or commission rules to the fullest extent authorized by 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.051. Imposition of Penalty

Sec. 2033.051.  IMPOSITION OF PENALTY.  If the commission determines that a person regulated under this subtitle has violated this subtitle or a rule or order adopted under this subtitle in a manner that constitutes a ground for a disciplinary action under this subtitle, the commission may assess an administrative penalty against that person as provided by this subchapter.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.052. Amount of Penalty

Sec. 2033.052.  AMOUNT OF PENALTY.  (a)  The commission may assess an administrative penalty under this subchapter in an amount not to exceed $10,000 for each violation.
(b)  In determining the amount of the penalty, the commission shall consider the seriousness of 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.053. Preliminary Report and Notice of Violation and Penalty

Sec. 2033.053.  PRELIMINARY REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If, after examination of a possible violation and the facts relating to that possible violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report that states:
(1)  the facts on which the conclusion is based;
(2)  the fact that an administrative penalty is to be imposed; and
(3)  the amount of the penalty to be assessed.
(b)  Not later than the 10th day after the date on which the commission issues the preliminary report, the commission shall send a copy of the report to the person charged with the violation, together with a statement of the right of the person to a hearing relating to the alleged violation and the amount of the penalty.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.054. Penalty to Be Paid or Hearing Requested

Sec. 2033.054.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date on which the commission sends the preliminary report under Section 2033.053, the person charged may:
(1)  make a written request for a hearing; or
(2)  remit the amount of the administrative penalty to the commission.
(b)  Failure to request a hearing or to remit the amount of the administrative penalty in the period provided under this section results in a waiver of a right to a hearing 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.055. Hearing

Sec. 2033.055.  HEARING.  (a)  If the person charged requests a hearing, the hearing shall be conducted in the manner provided for a contested case hearing under Chapter 2001, Government Code.
(b)  If it is determined after the hearing that the person has committed the alleged violation, the commission shall:
(1)  provide written notice to the person of the findings established by the hearing and the amount of the penalty; and
(2)  enter an order requiring the person to pay the penalty.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.056. Options Following Decision: Pay or Appeal

Sec. 2033.056.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date on which the notice required under Section 2033.055 is received, the person charged shall pay the administrative penalty in full or exercise the right to appeal either the amount of the penalty or the fact of the violation.
(b)  If a person exercises a right of appeal either as to the amount of the penalty or the fact of the violation, the amount of the penalty is not required to be paid until the 30th day after the date on which all appeals have been exhausted and the commission's decision has been upheld.
(c)  Except as otherwise provided by Section 2024.053(c), all administrative appeals are to the commission and then to the courts.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter B. Administrative Penalty › Section 2033.057. Complaints

Sec. 2033.057.  COMPLAINTS.  (a)  A complaint alleging a violation of this subtitle may be instituted by the Department of Public Safety, the commission, or the attorney general.
(b)  The complaint must be decided by the commission under the contested case provisions of Chapter 2001, 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.101. Cease and Desist Order

Sec. 2033.101.  CEASE AND DESIST ORDER.  (a)  The executive director may issue a cease and desist order if the executive director reasonably believes a racetrack association or other license holder is engaging or is likely to engage in conduct that violates this subtitle or a commission rule.
(b)  On issuance of a cease and desist order, the executive director shall serve a proposed cease and desist order on the racetrack association or other license holder by personal delivery or registered or certified mail, return receipt requested, to the person's last known address.
(c)  The proposed order must state the specific acts or practices alleged to violate this subtitle or a commission rule.  The proposed order must state the effective date, which may not be earlier than the 21st day after the date the proposed order is mailed or delivered.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.102. Hearing Concerning Proposed Cease and Desist Order; Final Order

Sec. 2033.102.  HEARING CONCERNING PROPOSED CEASE AND DESIST ORDER; FINAL ORDER.  (a)  If the person against whom a proposed cease and desist order is directed requests, in writing, a hearing before the effective date of the proposed order, the order is automatically stayed pending final adjudication of the order.  Unless the person against whom the proposed order is directed requests, in writing, a hearing before the effective date of the proposed order, the order takes effect and is final and nonappealable as to that person.
(b)  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.
(c)  At a hearing, the commission has the burden of proof and must present evidence in support of the order.  Each person against whom the order is directed may cross-examine and show cause why the order should not be issued.
(d)  After the hearing, the commission shall issue or decline to issue a cease and desist order.  The proposed order may be modified as necessary to conform to the findings at the hearing.  An order issued under this section is final for purposes of enforcement and appeal and must require the person to immediately cease and desist from the conduct that violates this subtitle or a commission 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.103. Petition for Judicial Review of Cease and Desist Order

Sec. 2033.103.  PETITION FOR JUDICIAL REVIEW OF CEASE AND DESIST ORDER.  (a)  A person affected by a cease and desist order issued, affirmed, or modified after a hearing under Section 2033.102 may file a petition for judicial review in a district court of Travis County under Chapter 2001, Government Code.
(b)  A petition for judicial review does not stay or vacate the cease and desist order unless the court, after hearing, specifically stays or vacates 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.104. Emergency Cease and Desist Order

Sec. 2033.104.  EMERGENCY CEASE AND DESIST ORDER.  (a)  The executive director may issue an emergency cease and desist order if the executive director reasonably believes a racetrack association or other license holder is engaged in a continuing activity that violates this subtitle or a commission rule in a manner that threatens immediate and irreparable public harm.
(b)  After issuing an emergency cease and desist order, the executive director shall serve on the racetrack association or other license holder by personal delivery or registered or certified mail, return receipt requested, to the person's last known address, an order stating the specific charges and requiring the person immediately to cease and desist from the conduct that violates this subtitle or a commission rule.  The order must contain a notice that a request for hearing may be filed 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.105. Hearing Concerning Emergency Cease and Desist Order; Final Order

Sec. 2033.105.  HEARING CONCERNING EMERGENCY CEASE AND DESIST ORDER; FINAL ORDER.  (a)  A racetrack association or other license holder that is the subject of an emergency cease and desist order may request a hearing.  The request must:
(1)  be filed with the executive director not later than the 10th day after the date the order was received or delivered;
(2)  be in writing and directed to the executive director; and
(3)  state the grounds for the request to set aside or modify the order.
(b)  Unless a person who is the subject of the emergency order requests a hearing in writing before the 11th day after the date the order is received or delivered, the emergency order is final and nonappealable as to that person.
(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 person requesting the hearing may cross-examine witnesses and show cause why the order should not be affirmed.  Section 2003.021(b), Government Code, does not apply to hearings conducted under this section.
(e)  An emergency cease and desist 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.
(f)  After the hearing, the executive director shall affirm, modify, or set aside, wholly or partly, the emergency cease and desist order.  An order affirming or modifying the emergency cease and desist 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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter C. Cease and Desist Orders › Section 2033.106. Violation of Final Cease and Desist Order

Sec. 2033.106.  VIOLATION OF FINAL CEASE AND DESIST ORDER.  (a)  If the executive director reasonably believes that a person has violated a final and enforceable cease and desist order, the executive director may:
(1)  initiate administrative penalty proceedings under Subchapter B;
(2)  refer the matter to the attorney general for enforcement by injunction and any other available remedy; or
(3)  pursue any other action that the executive director considers appropriate, including suspension of the person's license.
(b)  If the attorney general prevails in an action brought under Subsection (a)(2), the attorney general is entitled to recover reasonable attorney's fees.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter D. Other Disciplinary Powers › Section 2033.151. Disciplinary Actions

Sec. 2033.151.  DISCIPLINARY ACTIONS.  (a)  The commission shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this subtitle or a commission rule.
(b)  If a license suspension is probated, the commission may require the license holder to report regularly to the commission on matters that are the basis of the probation.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter D. Other Disciplinary Powers › Section 2033.152. Hearing Concerning Suspension, Revocation, or Refusal to Renew License

Sec. 2033.152.  HEARING CONCERNING SUSPENSION, REVOCATION, OR REFUSAL TO RENEW LICENSE.  (a)  If the commission proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.
(b)  Proceedings for a disciplinary action, other than those conducted by a steward or judge, are governed by Chapter 2001, Government Code.
(c)  Rules of practice adopted by the commission under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action, other than those conducted by a steward or judge, may not conflict with rules adopted by the State Office of Administrative Hearings.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter D. Other Disciplinary Powers › Section 2033.153. Injunction

Sec. 2033.153.  INJUNCTION.   The commission may institute an action in its own name to enjoin the violation of this subtitle.  An action for an injunction is in addition to any other action, proceeding, or remedy authorized by law.
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 2033 - Criminal and Administrative Penalties; Disciplinary Powers › Subchapter D. Other Disciplinary Powers › Section 2033.154. Enforcement Regarding Horsemen's Account

Sec. 2033.154.  ENFORCEMENT REGARDING HORSEMEN'S ACCOUNT.  (a)  The commission by rule shall develop a system for monitoring the activities of managers and employees of a racetrack association relating to the horsemen's account.  The monitoring system may include review of the financial operations of the racetrack association, including inspections of records at the racetrack association's offices, at any racetrack, or at any other place the racetrack association transacts business.
(b)  The executive director may issue an order prohibiting the racetrack association from making any transfer from a bank account held by the racetrack association for the conduct of business under this subtitle, pending commission review of the records of the account, if the executive director reasonably believes that the racetrack association has failed to maintain the proper amount of money in the horsemen's account.  The executive director shall provide in the order a procedure for the racetrack association to pay certain expenses necessary for the operation of the racetrack, subject to the executive director's approval.
(c)  An order issued under this section may be made valid for a period not to exceed 14 days.
(d)  The executive director may issue an order requiring the appropriate transfers to or from the horsemen's account if, after reviewing the racetrack association's records of its bank accounts, the executive director determines there is an improper amount of money in the horsemen's account.
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 2034 - Unlawful Influence on Racing › Section 2034.001. Rules Relating to Unlawful Influences on Racing and Required Testing

Sec. 2034.001.  RULES RELATING TO UNLAWFUL INFLUENCES ON RACING AND REQUIRED TESTING.  (a)  The commission shall adopt rules prohibiting a person from unlawfully influencing or affecting the outcome of a race, including rules relating to the use of a prohibited device or prohibited substance at a racetrack or at a training facility.
(b)  The commission shall require testing to determine whether a prohibited substance has been used.
(c)  The commission's rules must require state-of-the-art testing methods.  The testing may:
(1)  be prerace or postrace as determined by the commission; and
(2)  be by an invasive or noninvasive method.
(d)  The commission shall adopt rules relating to the drug testing of license holders.
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 2034 - Unlawful Influence on Racing › Section 2034.002. Medication and Drug Testing Procedures

Sec. 2034.002.  MEDICATION AND DRUG TESTING PROCEDURES.  (a)  Medication or drug testing performed on a race animal under this subtitle must be conducted by:
(1)  the Texas A&M Veterinary Medical Diagnostic Laboratory; or
(2)  a laboratory operated by or in conjunction with or by a private or public agency selected by the commission after consultation with the Texas A&M Veterinary Medical Diagnostic Laboratory.
(b)  Medication or drug testing performed on a human under this subtitle must be conducted by a laboratory approved 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 2034 - Unlawful Influence on Racing › Section 2034.003. Charges for Medication or Drug Testing

Sec. 2034.003.  CHARGES FOR MEDICATION OR DRUG TESTING.  (a)  The commission by rule shall:
(1)  prescribe procedures for approving and paying medical and drug testing laboratory charges under this section; and
(2)  allocate responsibility for the costs of human drug testing of a license holder.
(b)  The racetrack association that receives medication or drug testing services conducted under this subtitle shall pay the reasonable charges associated with those services.
(c)  Charges for services performed under this section must be forwarded to the commission for approval of the reasonableness of the charges.  Charges may include expenses incurred for travel, lodging, testing, and processing of test results.
(d)  The commission shall determine whether the laboratory charges are reasonable in relation to industry standards by periodically surveying the drug testing charges of comparable laboratories in the United States.
(e)  The racetrack association that receives the services is responsible for the cost of approved charges for animal drug testing services under this section.  The commission shall forward a copy of the charges to the racetrack association for immediate payment.
(f)  To pay the charges associated with the medication or drug testing, a racetrack association may use the money held by the racetrack association to pay outstanding tickets and pari-mutuel vouchers.  The racetrack association shall pay any additional amount needed for the charges.
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 2034 - Unlawful Influence on Racing › Section 2034.004. Responsibility of Licensed Trainer Concerning Prohibited Substance

Sec. 2034.004.  RESPONSIBILITY OF LICENSED TRAINER CONCERNING PROHIBITED SUBSTANCE.  The licensed trainer of an animal is:
(1)  considered by law to be the absolute ensurer that no prohibited substance has been administered to the animal; and
(2)  responsible for ensuring that no prohibited substance is administered to the animal.
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 2034 - Unlawful Influence on Racing › Section 2034.005. Prohibited Substance in Test Sample or Specimen

Sec. 2034.005.  PROHIBITED SUBSTANCE IN TEST SAMPLE OR SPECIMEN.  (a)  The commission may require urine samples to be frozen for a period necessary to allow any follow-up testing to detect and identify a prohibited substance.  Any other specimen shall be maintained for testing purposes in a manner required by commission rule.
(b)  If a test sample or specimen shows the presence of a prohibited substance, the entire sample, including any split portion remaining in the custody of the commission, shall be maintained until final disposition of the matter.
(c)  A license holder whose animal test shows the presence of a prohibited substance is entitled to have a split portion of the test sample or specimen tested at a testing facility authorized to perform drug testing under this subtitle and selected by the license holder.  The commission shall adopt rules relating to split testing procedures.
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 2034 - Unlawful Influence on Racing › Section 2034.006. Disciplinary Action for Prohibited Device or Substance

Sec. 2034.006.  DISCIPLINARY ACTION FOR PROHIBITED DEVICE OR SUBSTANCE.  (a)  Following the discovery of a prohibited device or a return of a test showing the presence of a prohibited substance, a steward or judge may summarily suspend a person who has used or administered the prohibited device or prohibited substance until a hearing before the stewards or judges.  The steward or judge may also disqualify an animal as provided by a commission rule adopted under this chapter.
(b)  Except as otherwise provided, a person may appeal a ruling of the stewards or judges to the commission.  The commission may stay a suspension during the period the matter is before 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 2034 - Unlawful Influence on Racing › Section 2034.007. Disciplinary Action for Rule Violation of Prohibited Device or Substance

Sec. 2034.007.  DISCIPLINARY ACTION FOR RULE VIOLATION OF PROHIBITED DEVICE OR SUBSTANCE.  A person who violates a rule adopted under this chapter may:
(1)  have any license issued to the person by the commission revoked or suspended; or
(2)  be barred for life or any other period from applying for or receiving a license issued by the commission or entering any portion of a racetrack.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.001. Voter Approval of Racetrack Required

Sec. 2035.001.  VOTER APPROVAL OF RACETRACK REQUIRED.  (a)  The commission may not issue a racetrack license or accept a license application for a racetrack to be located in a county until the commissioners court has certified to the secretary of state that the qualified voters of the county have approved the legalization of pari-mutuel wagering on horse races or greyhound races in the county at an election held under this chapter.
(b)  A racetrack may not be located within a home-rule municipality unless a majority of the votes cast in the municipality in the election held under this chapter that legalized pari-mutuel wagering on horse races in the county favored legalization.
(c)  Subsection (b) does not apply to a racetrack that:
(1)  was located outside the boundaries of the municipality when the racetrack was first licensed; and
(2)  has continuously held a license since the issuance of the original license.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.002. Initiation of Legalization Election

Sec. 2035.002.  INITIATION OF LEGALIZATION ELECTION.  The commissioners court:
(1)  may, on its own motion by a majority vote of its members, order an election to approve the legalization of pari-mutuel wagering on horse races or greyhound races; and
(2)  shall order an election on presentation of a petition meeting the requirements of this chapter.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.003. Election to Approve Wagering on Simulcast Races

Sec. 2035.003.  ELECTION TO APPROVE WAGERING ON SIMULCAST RACES.  The commissioners court of a county in which a racetrack is conducting live racing may, on its own motion by a majority vote of its members, order an election to approve pari-mutuel wagering on simulcast horse races or greyhound races.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.004. Application for Petition; Issuance

Sec. 2035.004.  APPLICATION FOR PETITION; ISSUANCE.  If 10 or more registered voters of the county file a written application, the county clerk shall issue to the applicants a petition to be circulated among registered voters for their signatures.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.005. Contents of Petition Application

Sec. 2035.005.  CONTENTS OF PETITION APPLICATION.  To be valid, the petition application must contain:
(1)  a heading, as follows:  "Application for a Petition for a Local Option Election to Approve the Legalization of Pari-mutuel Wagering on Horse Races" or "Application for a Petition for a Local Option Election to Approve the Legalization of Pari-mutuel Wagering on Greyhound Races," as appropriate;
(2)  a statement of the issue to be voted on, as follows:  "Legalizing pari-mutuel wagering on horse races in __________ County" or "Legalizing pari-mutuel wagering on greyhound races in __________ County," as appropriate;
(3)  a statement immediately above the signatures of the applicants, as follows:  "It is the hope, purpose, and intent of the applicants whose signatures appear below that pari-mutuel wagering on horse races be legalized in __________ County" or "It is the hope, purpose, and intent of the applicants whose signatures appear below that pari-mutuel wagering on greyhound races be legalized in __________ County," as appropriate; and
(4)  the printed name, signature, residence address, and voter registration certificate number of each applicant.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.006. Contents of Petition

Sec. 2035.006.  CONTENTS OF PETITION.  To be valid, the petition must contain:
(1)  a heading, as follows:  "Petition for a Local Option Election to Approve the Legalization of Pari-mutuel Wagering on Horse Races" or "Petition for a Local Option Election to Approve the Legalization of Pari-mutuel Wagering on Greyhound Races," as appropriate;
(2)  a statement of the issue to be voted on, in the same words used in the application;
(3)  a statement immediately above the signatures of the petitioners, as follows:  "It is the hope, purpose, and intent of the petitioners whose signatures appear below that pari-mutuel wagering on horse races be legalized in __________ County" or "It is the hope, purpose, and intent of the petitioners whose signatures appear below that pari-mutuel wagering on greyhound races be legalized in __________ County," as appropriate;
(4)  lines and spaces for the names, signatures, addresses, and voter registration certificate numbers of the petitioners; and
(5)  the date of issuance, the serial number, and the seal of the county clerk on each page.
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 2035 - Local Option Election to Legalize Pari-Mutuel Wagering › Subchapter A. Legalization Election › Section 2035.007. Copies

Sec. 2035.007.  COPIES.   The county clerk shall keep the application and a copy of the petition in the clerk's office files.  The clerk shall issue to the applicants the number of copies requested by the applicants.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.