reglab/statecodes huggingface dataset:
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 2025.262. Grounds for Denial, Revocation, and Suspension of Occupational License

Sec. 2025.262.  GROUNDS FOR DENIAL, REVOCATION, AND SUSPENSION OF OCCUPATIONAL LICENSE.   The commission may refuse to issue any original or renewal license under this subchapter or may revoke or suspend the license if, after notice and hearing, the commission finds that the applicant or license holder, as appropriate:
(1)  has been convicted of a violation of this subtitle or a commission rule or has aided, abetted, or conspired to commit a violation of this subtitle or a commission rule;
(2)  has been convicted of a felony or a crime involving moral turpitude that is reasonably related to the person's present fitness to hold a license under this subtitle;
(3)  has violated or has caused to be violated this subtitle or a commission rule in a manner that involves moral turpitude, as distinguished from a technical violation of this subtitle or a rule;
(4)  is unqualified, by experience or otherwise, to perform the duties required of a license holder under this subtitle;
(5)  failed to answer or has falsely or incorrectly answered a question in an original or renewal application;
(6)  fails to disclose the true ownership or interest in a horse or greyhound as required by commission rules;
(7)  is indebted to this state for any fee or for the payment of a penalty imposed by this subtitle or a commission rule;
(8)  is not of good moral character or the person's reputation as a peaceable, law-abiding citizen in the community where the person resides is bad;
(9)  is in the habit of using alcoholic beverages to an excess or uses a controlled substance as defined in Chapter 481, Health and Safety Code, or a dangerous drug as defined in Chapter 483, Health and Safety Code, or is mentally incapacitated;
(10)  may be excluded from an enclosure under this subtitle;
(11)  has improperly used a temporary pass, license certificate, credential, or identification card issued under this subtitle;
(12)  resides with a person whose license was revoked for cause during the 12 months preceding the date of the present application;
(13)  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; or
(14)  is engaged or has engaged in activities or practices that are detrimental to the best interests of the public and the sport of horse racing or greyhound racing.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.001. Planning, Construction, and Operation Rules

Sec. 2026.001.  PLANNING, CONSTRUCTION, AND OPERATION RULES.  To preserve and protect the public health, welfare, and safety, the commission shall adopt rules relating to all matters concerning the planning, construction, and operation of racetracks.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.002. Prevention of Subterfuge in Racetrack Ownership or Operation

Sec. 2026.002.  PREVENTION OF SUBTERFUGE IN RACETRACK OWNERSHIP OR OPERATION.  This subtitle shall be liberally construed to prevent subterfuge in the ownership and operation 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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.003. Financial Disclosure

Sec. 2026.003.  FINANCIAL DISCLOSURE.  (a)  The commission by rule shall require that each racetrack association that holds a license for a class 1 racetrack, class 2 racetrack, or greyhound racetrack annually file with the commission a detailed financial statement that:
(1)  contains the names and addresses of all stockholders, members, and owners of any interest in the racetrack;
(2)  indicates compliance during the filing period with Section 2025.101; and
(3)  includes any other information required by the commission.
(b)  Each transaction that involves an acquisition or a transfer of a pecuniary interest in the racetrack association must receive prior approval from the commission.  A transaction that changes the ownership of the racetrack association requires submission of updated information of the type required to be disclosed under Section 2025.052 and payment of a fee to recover the costs of the criminal background check.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.004. Racing Location

Sec. 2026.004.  RACING LOCATION.  (a)  Except as provided by this section, Section 2026.005, or Section 2025.103, a racetrack association may not conduct horse racing or greyhound racing at any place other than the place designated in the license.
(b)  If the racetrack or enclosure designated in the license becomes unsuitable for racing because of fire, flood, or other catastrophe, the affected racetrack association, with the prior approval of the commission, may conduct a race meeting or any remaining portion of a meeting temporarily at any other racetrack if the other racetrack license holder:
(1)  is licensed by the commission to conduct the same type of racing as may be conducted by the affected racetrack association; and
(2)  consents to the usage.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.005. Change of Racing Location

Sec. 2026.005.  CHANGE OF RACING LOCATION.  On request of a racetrack association, the commission shall amend a racetrack license to change the location of the racetrack if the commission determines that:
(1)  the conduct of race meetings at the proposed new location will be in the public interest;
(2)  there was not a competing applicant for the original license; and
(3)  the racetrack association's desire to change location is not the result of a subterfuge in the original licensing proceeding.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.006. Lease of Racetrack Premises

Sec. 2026.006.  LEASE OF RACETRACK PREMISES.  (a)  The commission by rule may authorize a racetrack association, as lessee, to contract for the lease of a racetrack and the surrounding structures.
(b)  The commission may not approve a lease if:
(1)  the lease appears to be a subterfuge to evade compliance with Section 2025.101 or 2025.201;
(2)  the racetrack and surrounding structures do not conform to the rules adopted under this subtitle; or
(3)  the lessee, prospective lessee, or lessor is disqualified from holding a racetrack license.
(c)  Each lessor and lessee under this section must comply with the disclosure requirements of Section 2025.052(a)(1).  The commission may not approve a lease if the lessor and lessee do not provide the required information.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.007. Inappropriate or Unsafe Conditions; Enforcement; Rules

Sec. 2026.007.  INAPPROPRIATE OR UNSAFE CONDITIONS; ENFORCEMENT; RULES.  (a)  The executive director shall issue a notice of violation to a racetrack association on a determination that an inappropriate or unsafe condition exists at a racetrack.
(b)  If the executive director determines that an inappropriate or unsafe condition exists at the racetrack, the executive director shall order the racetrack association to take action within a specified period to remedy the inappropriate or unsafe condition.  In determining the period for compliance, the executive director shall consider:
(1)  the nature and severity of the problem; and
(2)  the threat to the health, safety, and welfare of race participants, patrons, and animals.
(c)  The commission by rule shall require a report of any corrective action taken by a racetrack association in response to an order of the executive director under Subsection (b).
(d)  If a racetrack association fails to take action as required under Subsection (b), the executive director shall initiate an enforcement action against the racetrack association.  The executive director may rescind any live or simulcast race date of a racetrack association that does not take corrective action within the period set by the executive director.
(e)  The commission shall adopt rules implementing this section, including rules:
(1)  requiring the report and correction of:
(A)  an inappropriate condition on the premises of a racetrack, including a failure to properly maintain the premises, that interferes with the administration of this subtitle; and
(B)  a condition on the premises that makes the premises unsafe for a race participant, patron, or animal; and
(2)  determining the methods and manner by which the executive director may determine and remedy inappropriate or unsafe conditions on the premises, including the methods and manner in which the executive director may conduct inspections of the premises and remedy emergency situations.
(f)  The commission shall adopt rules relating to the commission's review of an action taken under this section by the executive director.  A review procedure adopted under this subsection must be consistent with 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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.008. Supervision of Construction, Renovation, and Maintenance; Enforcement

Sec. 2026.008.  SUPERVISION OF CONSTRUCTION, RENOVATION, AND MAINTENANCE; ENFORCEMENT.  (a)  The commission shall adopt a method of supervising and approving the construction, renovation, or maintenance of any building or improvement on the premises of a racetrack.
(b)  The commission shall adopt rules relating to:
(1)  the approval of plans and specifications;
(2)  the contents of plans and specifications;
(3)  the maintenance of records to ensure compliance with approved plans and specifications;
(4)  the content and filing of construction progress reports by the racetrack association to the commission;
(5)  the inspection by the commission or others;
(6)  the method for making a change or amendment to an approved plan or specification; and
(7)  any other method of supervision or oversight necessary.
(c)  If the commission has grounds to believe that a racetrack association has failed to comply with the requirements of this section, a representative of the racetrack association shall appear before the commission to consider the issue of compliance with rules adopted under this section.
(d)  Before a building or improvement may be used by a racetrack association, the commission shall determine whether:
(1)  the construction, renovation, or maintenance of the building or improvement was completed in accordance with the approved plans and specifications; and
(2)  other commission requirements were met.
(e)  If the commission determines that the racetrack association failed to comply with a requirement of this section or a rule adopted under this section, the commission shall initiate an enforcement action against the racetrack association.  In addition to any other authorized enforcement action, the commission may rescind any live or simulcast race date of any racetrack association that has failed to comply with the requirements of 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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.009. Racetrack Security

Sec. 2026.009.  RACETRACK SECURITY.  A horse racetrack association shall provide adequate security at the racetrack association's racetrack to ensure the safety of the spectators, employees, and animals.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.010. Kennels

Sec. 2026.010.  KENNELS.  (a)  Each greyhound racetrack association shall:
(1)  contract for a maximum of 18 kennels; and
(2)  provide free kennel rent and schooling.
(b)  In contracting with kennel owners for a racetrack, a racetrack association shall ensure that at least 50 percent of the kennels with which the racetrack association contracts are wholly owned by residents of this state.
(c)  For purposes of this section, "residents of this state" are individuals who have resided in Texas for the five-year period preceding the date the kennel contract is signed.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.011. Automobile Racing Facility Prohibited Near Racetrack in Certain Counties

Sec. 2026.011.  AUTOMOBILE RACING FACILITY PROHIBITED NEAR RACETRACK IN CERTAIN COUNTIES.   An automobile racing facility may not be located within 10,000 feet of a horse or greyhound racetrack that is located in a county with a population of 2.1 million or more.
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. 644 (H.B. 4559), Sec. 205, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.012. Other Lawful Businesses Authorized

Sec. 2026.012.  OTHER LAWFUL BUSINESSES AUTHORIZED.  A racetrack association may conduct other lawful business on the racetrack association's grounds.
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 2026 - Racetrack Operation and Premises › Subchapter A. Regulation of Racetrack › Section 2026.013. Employee Compliance

Sec. 2026.013.  EMPLOYEE COMPLIANCE.  (a)  A racetrack is responsible for ensuring that the racetrack's employees comply with this subtitle and commission rules.
(b)  The commission may impose disciplinary action against a racetrack for violations of this subtitle and commission rules by the racetrack's employees as provided by Section 2025.202.
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 2026 - Racetrack Operation and Premises › Subchapter B. Exclusion or Ejection From Racetrack › Section 2026.051. Commission Rules Regarding Exclusion or Ejection

Sec. 2026.051.  COMMISSION RULES REGARDING EXCLUSION OR EJECTION.  The commission shall adopt rules providing for the exclusion or ejection from an enclosure where horse or greyhound races are conducted, or from specified portions of an enclosure, of a person:
(1)  who has engaged in bookmaking, touting, or illegal wagering;
(2)  whose income is from illegal activities or enterprises;
(3)  who has been convicted of a violation of this subtitle;
(4)  who has been convicted of theft;
(5)  who has been convicted under the penal law of another jurisdiction for committing an act that would have constituted a violation of any rule described in this section;
(6)  who has committed a corrupt or fraudulent act in connection with horse or greyhound racing or pari-mutuel wagering or who has committed any act tending or intended to corrupt horse or greyhound racing or pari-mutuel wagering;
(7)  who is under suspension or has been excluded or ejected from a racetrack by the commission or a steward in this state or by a corresponding authority in another state because of corrupt or fraudulent practices or other acts detrimental to racing;
(8)  who has submitted a forged pari-mutuel ticket or has altered or forged a pari-mutuel ticket for cashing or who has cashed or caused to be cashed an altered, raised, or forged pari-mutuel ticket;
(9)  who has been convicted of committing a lewd or lascivious act or other crime involving moral turpitude;
(10)  who is guilty of boisterous or disorderly conduct while inside an enclosure;
(11)  who is an agent or habitual associate of a person excludable under this section; or
(12)  who has been convicted of a felony.
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 2026 - Racetrack Operation and Premises › Subchapter B. Exclusion or Ejection From Racetrack › Section 2026.052. Exclusion or Ejection From Enclosure; Hearing; Appeal

Sec. 2026.052.  EXCLUSION OR EJECTION FROM ENCLOSURE; HEARING; APPEAL.  (a)  A person who is excluded or ejected from an enclosure under a commission rule may apply to the commission for a hearing on the question of the applicability of the rule to that person.
(b)  An application for a hearing under Subsection (a) constitutes a contested case under Chapter 2001, Government Code.  If, after a hearing as provided under Subchapter C of that chapter, the commission determines that the exclusion or ejection was proper:
(1)  the commission shall issue an order to that effect and enter the order in the commission's minutes; and
(2)  the person shall continue to be excluded from each racetrack association's enclosure.
(c)  A person excluded or ejected may appeal an adverse decision of the commission by filing a petition for judicial review in the manner provided by Subchapter G, Chapter 2001, Government Code.  Venue for the review is in a district court in Travis County.
(d)  The judgment of the court may be appealed as in other civil cases.  The person appealing the commission's ruling under this subtitle shall continue to be excluded from all enclosures in this state during the pendency of the 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 2026 - Racetrack Operation and Premises › Subchapter B. Exclusion or Ejection From Racetrack › Section 2026.053. Exclusion or Ejection by Racetrack Association

Sec. 2026.053.  EXCLUSION OR EJECTION BY RACETRACK ASSOCIATION.  This subtitle does not prohibit a racetrack association from excluding or ejecting a person from the racetrack association's enclosure for any lawful reason.
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 2026 - Racetrack Operation and Premises › Subchapter B. Exclusion or Ejection From Racetrack › Section 2026.054. Criminal Trespass at Enclosure

Sec. 2026.054.  CRIMINAL TRESPASS AT ENCLOSURE.  A person, for the purposes of Section 30.05, Penal Code, is presumed to have received notice that entry to an enclosure was forbidden if the person:
(1)  was excluded or ejected from the enclosure under this subchapter;
(2)  possessed, displayed, or used in the enclosure a credential that the person was not authorized to use; or
(3)  entered the enclosure using a falsified credential.
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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.101. Classification

Sec. 2026.101.  CLASSIFICATION.  A horse racetrack is classified as:
(1)  a class 1 racetrack;
(2)  a class 2 racetrack;
(3)  a class 3 racetrack; or
(4)  a class 4 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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.102. Class 1 Racetrack

Sec. 2026.102.  CLASS 1 RACETRACK.  (a)  A class 1 racetrack is a racetrack on which live racing is conducted for a number of days in a calendar year, as determined by the commission under Subchapter A, Chapter 2029.
(b)  A class 1 racetrack may operate only in a county with a population of not less than 1.3 million, or in a county adjacent to such a county.
(c)  Not more than three class 1 racetracks may be licensed and operated 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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.103. Class 2 Racetrack

Sec. 2026.103.  CLASS 2 RACETRACK.  (a)  A class 2 racetrack is a racetrack on which live racing is conducted for a number of days, as determined by the commission under Subchapter A, Chapter 2029.
(b)  A class 2 racetrack is entitled to conduct 60 days of live racing in a calendar year.  A racetrack association may request additional or fewer days of live racing.  If, after receipt of a request from a racetrack association, the commission determines additional or fewer days to be economically feasible and in the best interest of this state and the racing industry, the commission shall grant the request.
(c)  The commission may permit a racetrack association that holds a class 2 racetrack license and that is located in a national historic district to conduct horse races for more than 60 days in a calendar 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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.104. Class 3 Racetrack

Sec. 2026.104.  CLASS 3 RACETRACK.  (a)  A class 3 racetrack is a racetrack operated by a county or a nonprofit fair under Chapter 2032.
(b)  A racetrack association that holds a class 3 racetrack license and that conducted horse races in 1986 may conduct live races for a number of days not to exceed 16 days in a calendar year on the dates selected by the racetrack association.
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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.105. Class 4 Racetrack

Sec. 2026.105.  CLASS 4 RACETRACK.  (a)  A class 4 racetrack is a racetrack operated by a county fair under Section 2032.002.
(b)  A racetrack association that holds a class 4 racetrack license may conduct live races for a number of days not to exceed five days in a calendar year on dates selected by the racetrack association and 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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.106. Waiver or Deferral of Certain Standards for Class 4 Racetrack

Sec. 2026.106.  WAIVER OR DEFERRAL OF CERTAIN STANDARDS FOR CLASS 4 RACETRACK.  (a)  In considering an application for a class 4 racetrack license, except as provided by Subsection (b), the commission may waive or defer compliance with the commission's standards regarding the physical facilities or operations of a horse racetrack.
(b)  The commission may not waive or defer compliance with standards that relate to the testing of horses or license holders for the presence of a prohibited substance, including a prohibited drug or chemical.
(c)  If the commission defers compliance, the commission shall, when granting the application, establish a schedule under which the license holder must comply with the standards.
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 2026 - Racetrack Operation and Premises › Subchapter C. Classification of Horse Racetracks › Section 2026.107. Calculation of Live and Simulcast Race Dates

Sec. 2026.107.  CALCULATION OF LIVE AND SIMULCAST RACE DATES.  (a)  For purposes of this subchapter, live race dates are counted separately from the dates on which the racetrack association presents simulcast races.
(b)  The number of race dates allowed under this subchapter relates only to live race dates.  A racetrack may present simulcast races on other dates as 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 2026 - Racetrack Operation and Premises › Subchapter D. Concession, Management, or Totalisator Contracts; Security Plans › Section 2026.151. Commission Approval Required

Sec. 2026.151.  COMMISSION APPROVAL REQUIRED.  (a)  All concession, management, and totalisator contracts submitted by an applicant under Section 2025.054 must have the prior approval of the commission.
(b)  The commission shall refuse to approve a concession or management contract if, in the sole discretion of the commission, the background checks conducted under Section 2025.056 reveal anything that might be detrimental to the public interest or the racing industry.
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 2026 - Racetrack Operation and Premises › Subchapter D. Concession, Management, or Totalisator Contracts; Security Plans › Section 2026.152. Commission Review of Security Plans and Certain Contracts

Sec. 2026.152.  COMMISSION REVIEW OF SECURITY PLANS AND CERTAIN CONTRACTS.  (a)  On receipt of a plan for the security of a racetrack, or a copy of a concession, management, or totalisator contract for review under Section 2026.151, the commission shall review the security plan or contract in an executive session.  Documents submitted by an applicant to the commission under this section or Section 2025.052 or 2025.054 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.
(b)  In reviewing and approving contracts under Subsection (a), the commission shall attempt to ensure the involvement of minority-owned businesses whenever possible.
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 2026 - Racetrack Operation and Premises › Subchapter D. Concession, Management, or Totalisator Contracts; Security Plans › Section 2026.153. Management Contract: Requirements and Limitations

Sec. 2026.153.  MANAGEMENT CONTRACT:  REQUIREMENTS AND LIMITATIONS.  (a)  A person awarded a management contract to operate a racetrack must meet all of the requirements for a license under Sections 2025.101 and 2025.201.
(b)  The commission may not approve a management contract to operate or manage a racetrack owned by a governmental entity unless the racetrack license holder is an owner of the entity that proposes to manage the 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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.001. Pari-Mutuel Wagering Rules

Sec. 2027.001.  PARI-MUTUEL WAGERING RULES.  (a)  The commission shall adopt rules to regulate wagering on horse races and greyhound races under the system known as pari-mutuel wagering.
(b)  Rules adopted under this subtitle must include rules to:
(1)  regulate wagering by a person licensed under this subtitle;
(2)  prohibit wagering by a commission employee;
(3)  prohibit a racetrack association from accepting a wager made by telephone; and
(4)  prohibit a racetrack association from accepting a wager made on credit.
(c)  Commission rules adopted under this subtitle must be written and updated to ensure maximum enforceability.
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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.002. Wagering Restrictions

Sec. 2027.002.  WAGERING RESTRICTIONS.  (a)  Wagering may be conducted only by a racetrack association within the racetrack association's enclosure.
(b)  A person may not accept, in person, by telephone, or over the Internet, a wager for a horse or greyhound race conducted inside or outside this state from a person in this state unless the wager is authorized under this subtitle.
(c)  Only a person inside an enclosure where both live and simulcast race meetings are authorized may wager on the result of a live or simulcast race presented by a racetrack association in accordance with commission rules.
(d)  Except as provided by Subsection (c), a person may not place, in person, by telephone, or over the Internet, a wager for a horse or greyhound race conducted inside or outside 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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.003. Wagering Computation Equipment

Sec. 2027.003.  WAGERING COMPUTATION EQUIPMENT.  (a)  Wagering authorized under this chapter may be calculated only by state-of-the-art computational equipment approved by the commission.
(b)  The commission may not require the use of a particular make of equipment.
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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.004. Automated Teller Machines: Rules, Limitations, and Fees

Sec. 2027.004.  AUTOMATED TELLER MACHINES:  RULES, LIMITATIONS, AND FEES.  (a)  The commission shall:
(1)  adopt rules providing for the use of automated teller machines in an enclosure; and
(2)  limit the use of automated teller machines by allowing a person access only to the person's checking account at a bank or other financial institution.
(b)   A racetrack association that allows an automated teller machine in an enclosure as provided by Subsection (a) shall collect a fee of $1 for each transaction authorized under that subsection and forward the fee to the commission.
(c)  The commission shall:
(1)  adopt rules providing for collection, reporting, and auditing of the transaction fee authorized under Subsection (b); and
(2)  deposit the fee collected under Subsection (b) to the credit of the general revenue fund.
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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.005. Ticket Information Rules

Sec. 2027.005.  TICKET INFORMATION RULES.  The commission by rule shall prescribe the information to be printed on each pari-mutuel ticket.
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 2027 - Wagering › Subchapter A. Pari-Mutuel Wagering › Section 2027.006. Claim After Race Meeting

Sec. 2027.006.  CLAIM AFTER RACE MEETING.  (a)  A person who claims to be entitled to any part of a distribution from a pari-mutuel pool may, not later than the first anniversary of the day the ticket was purchased, file with the appropriate racetrack association a claim for the money accompanied by a substantial portion of the pari-mutuel ticket sufficient to identify the racetrack association, race, horse or greyhound involved, amount wagered, and type of ticket.
(b)  A person who claims to be entitled to money from a pari-mutuel voucher may before the first anniversary of the day the voucher was issued file with the appropriate racetrack association a claim for the money accompanied by a substantial portion of the pari-mutuel voucher sufficient to identify the racetrack association, serial number, date issued, and amount of the voucher.
(c)  If the claimant satisfactorily establishes a right to distribution from a pari-mutuel pool, the racetrack association shall pay the amount due the claimant.
(d)  If the racetrack association refuses to pay a claimant who has established satisfactorily a right to distribution from a pari-mutuel pool, the claimant may appeal to the commission under procedures prescribed by 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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.051. Simulcast Wagering Rules

Sec. 2027.051.  SIMULCAST WAGERING RULES.  The commission shall adopt rules to license and regulate pari-mutuel wagering on:
(1)  races conducted in this state and simulcast to in-state racetrack associations or out-of-state receiving locations; and
(2)  races conducted out-of-state and simulcast to in-state racetrack associations.
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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.052. Construction of Laws Related to Simulcast Races

Sec. 2027.052.  CONSTRUCTION OF LAWS RELATED TO SIMULCAST RACES.  (a)  This subtitle may not be construed to allow wagering in this state on simulcast races at any location other than a racetrack licensed under this subtitle that has been granted live race dates by the commission.
(b)  This subtitle may not be construed to prohibit wagering on:
(1)  a simulcast horse race at a greyhound racetrack in this state; or
(2)  a simulcast greyhound race at a horse racetrack 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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.053. Commission Approval Required for Pari-Mutuel Pool Inclusion

Sec. 2027.053.  COMMISSION APPROVAL REQUIRED FOR PARI-MUTUEL POOL INCLUSION.  (a)  With commission approval:
(1)  wagers accepted on a simulcast race by any out-of-state receiving location may be included in the pari-mutuel pool for the race at the sending in-state racetrack association; and
(2)  wagers accepted by an in-state racetrack association on a race simulcast from out-of-state may be included in the pari-mutuel pools for the race at the out-of-state sending track.
(b)  The commission may adopt rules necessary to facilitate the interstate commingling of pari-mutuel pools as provided by Subsection (a).
(c)  The racetrack where the wager is made is responsible for reporting and remitting this state's share of the 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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.054. Requirements and Limitations on Simulcast Races

Sec. 2027.054.  REQUIREMENTS AND LIMITATIONS ON SIMULCAST RACES.  (a)  A horse racetrack may not be required to accept a greyhound simulcast signal.  A horse racetrack that offers wagering on interstate greyhound simulcast races must offer wagering on all Texas greyhound races made available for simulcast wagering.
(b)  A greyhound racetrack may not be required to accept a horse simulcast signal.  A greyhound racetrack that offers wagering on interstate horse simulcast races must offer wagering on all Texas horse races made available for simulcast wagering.
(c)  The commission may not approve wagering on an interstate simulcast race unless the receiving location consents to wagering on interstate simulcast races at all other receiving locations 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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.055. Contract Required for Simulcast Races

Sec. 2027.055.  CONTRACT REQUIRED FOR SIMULCAST RACES.  (a)  Except as provided by this subchapter, a horse racetrack may offer wagering on interstate greyhound race simulcast signals only as provided by a contract with the nearest greyhound racetrack.  If an agreement between the racetracks cannot be reached by October 1 of the year preceding the calendar year in which the simulcasting is to occur, the horse racetrack may purchase and offer wagering on greyhound race simulcast signals and shall pay to the nearest greyhound racetrack the amounts specified under Section 2028.202(c)(1).
(b)  Except as provided by this subchapter, a greyhound racetrack may offer wagering on interstate horse race simulcast signals only as provided by a contract with the nearest Class 1 horse racetrack.  If an agreement between the racetracks cannot be reached by October 1 of the year preceding the calendar year in which the simulcasting is to occur, the greyhound racetrack may purchase and offer wagering on interstate horse race simulcast signals and shall pay to the nearest Class 1 horse racetrack the amounts specified in Section 2028.202(b)(1).
(c)  Wagering on a simulcast greyhound race at a horse racetrack that conducted its inaugural meet within 12 months of September 1, 1997, or at an operational horse racetrack within 60 miles of that racetrack may be conducted only in accordance with an agreement between the racetracks.
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 2027 - Wagering › Subchapter B. Simulcast Wagering › Section 2027.056. Simulcast Contract Terms and Arbitration

Sec. 2027.056.  SIMULCAST CONTRACT TERMS AND ARBITRATION.  (a)  Notwithstanding any other provisions of law, a greyhound racetrack association and the state greyhound breed registry shall by contract agree that each simulcast contract to which the greyhound racetrack association is a party, including a simulcast contract with a horse racetrack association or with another greyhound racetrack association, include terms that provide adequately for:
(1)  the development of greyhound racing, breeding, and purses; and
(2)  any actual or potential loss of live racing handle based on the racetrack association's historical live racing schedule and handle in this state.
(b)  If a greyhound racetrack association and the state greyhound breed registry fail to reach an agreement under Subsection (a), the racetrack association or the breed registry may submit the contract negotiations for binding arbitration under Chapter 171, Civil Practice and Remedies Code, and commission rules.
(c)  The arbitration must be conducted by a board of three arbitrators as follows:
(1)  one arbitrator appointed by the greyhound racetrack association;
(2)  one arbitrator appointed by the state greyhound breed registry; and
(3)  one arbitrator appointed by the arbitrators appointed under Subdivisions (1) and (2).
(d)  A greyhound racetrack association and the state greyhound breed registry shall each pay its own arbitration expenses.  The greyhound racetrack association and the state greyhound breed registry shall equally pay the arbitrator fees and costs.
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 2027 - Wagering › Subchapter C. Wagering Prohibitions › Section 2027.101. Rules Prohibiting Wagering by Minor and Viewing by Unaccompanied Child

Sec. 2027.101.  RULES PROHIBITING WAGERING BY MINOR AND VIEWING BY UNACCOMPANIED CHILD.  (a)  The commission shall adopt rules to prohibit:
(1)  wagering by a minor; and
(2)  a child from entering the viewing section of a racetrack unless accompanied by the child's parent or guardian.
(b)  The rules adopted under Subsection (a) may except any conduct described as an affirmative defense by Section 2033.017.
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 2027 - Wagering › Subchapter C. Wagering Prohibitions › Section 2027.102. Unlawful Wagering

Sec. 2027.102.  UNLAWFUL WAGERING.  (a)  A person may not wager on the result of a horse or greyhound race in this state except as authorized by this subtitle.
(b)  A person other than a racetrack association may not accept from a Texas resident while the resident is in this state a wager on the result of a horse or greyhound race conducted inside or outside 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 2028 - Pari-Mutuel Pools, Purses, and Fees › Subchapter A. Commission Oversight of Pari-Mutuel Racing Funds › Section 2028.001. Adoption of Requirements or Other Performance Measures

Sec. 2028.001.  ADOPTION OF REQUIREMENTS OR OTHER PERFORMANCE MEASURES.  (a)  For any organization that receives funds generated by live or simulcast pari-mutuel racing, the commission shall adopt reporting, monitoring, and auditing requirements or other appropriate performance measures for:
(1)  any funds distributed to or used by the organization; and
(2)  any function or service provided by the expenditure of the funds described by Subdivision (1).
(b)  The commission shall adopt the requirements or performance measures after consultation with the affected organization.  In adopting the rules, the commission shall consider the concerns of the affected organization.
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 2028 - Pari-Mutuel Pools, Purses, and Fees › Subchapter A. Commission Oversight of Pari-Mutuel Racing Funds › Section 2028.002. Independent Audit Report; Records Review

Sec. 2028.002.  INDEPENDENT AUDIT REPORT; RECORDS REVIEW.  (a)  An organization that receives funds generated by live or simulcast pari-mutuel racing shall annually file with the commission a copy of an audit report prepared by an independent certified public accountant.  The audit must include a verification of any performance report sent to or required by the commission.
(b)  The commission may review any record or book of an organization that submits an independent audit to the commission as the commission determines necessary to confirm or further investigate the findings of an audit or report.
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 2028 - Pari-Mutuel Pools, Purses, and Fees › Subchapter A. Commission Oversight of Pari-Mutuel Racing Funds › Section 2028.003. Suspension and Withholding of Funds

Sec. 2028.003.  SUSPENSION AND WITHHOLDING OF FUNDS.  The commission by rule may suspend or withhold funds from an organization:
(1)  that the commission determines has failed to comply with the requirements or performance measures adopted under Section 2028.001; or
(2)  for which material questions on the use of funds by the organization are raised following an independent audit or other report to the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.