reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.006. Member Training

Sec. 2022.006.   MEMBER TRAINING.  (a)  To be eligible to take office as a commission member, a person appointed to the commission must complete at least one course of a training program that complies with this section.
(b)  The training program must provide information to the person regarding:
(1)  the enabling legislation that created the commission;
(2)  the programs operated by the commission;
(3)  the role and functions of the commission;
(4)  commission rules, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the commission;
(6)  the results of the most recent formal audit of the commission;
(7)  the requirements of:
(A)  Chapter 551, Government Code;
(B)  Chapter 552, Government Code; and
(C)  Chapter 2001, Government Code;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials; and
(9)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a commission member.
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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.007. Member per Diem and Reimbursement for Expenses

Sec. 2022.007.   MEMBER PER DIEM AND REIMBURSEMENT FOR EXPENSES.   (a)  An appointed commission member is entitled to:
(1)  a per diem in an amount prescribed by legislative appropriation for each day spent in performing the duties of the office; and
(2)  reimbursement for actual and necessary expenses incurred in performing the duties of the office.
(b)  Reimbursement for expenses under this section is subject to any applicable limitation in the General Appropriations Act.
(c)  An ex officio commission member is entitled to reimbursement for expenses from the member's agency as provided by law for expenses incurred in the performance of the member's other official duties.
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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.008. Presiding Officer

Sec. 2022.008.   PRESIDING OFFICER.  The governor shall designate a public member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.009. Commission Meetings; Record of Commission Votes

Sec. 2022.009.   COMMISSION MEETINGS; RECORD OF COMMISSION VOTES.  (a)  The commission shall hold at least six regular meetings each year on dates fixed by the commission.
(b)  The commission shall adopt rules providing for the holding of special meetings.
(c)  The commission shall keep at the commission's general office a public record of every vote.
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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.010. Commission Offices

Sec. 2022.010.   COMMISSION OFFICES.  The commission shall maintain a general office of the commission in Austin and may also establish branch offices.
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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.011. Money Paid to Commission

Sec. 2022.011.   MONEY PAID TO COMMISSION.  All money paid to the commission under this subtitle is subject to Subchapter F, Chapter 404, 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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.012. Legal Representation

Sec. 2022.012.   LEGAL REPRESENTATION.  The attorney general shall:
(1)  designate at least one member of the attorney general's staff to counsel and advise the commission and to represent the commission in legal proceedings; and
(2)  make available to the appropriate prosecuting attorneys any information obtained regarding violations of 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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.013. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 2022.013.   NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution shall conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those 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 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.014. Public Participation

Sec. 2022.014.   PUBLIC PARTICIPATION.  (a)  The commission by rule shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
(b)  The executive director shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.051. Executive Director; Duties

Sec. 2022.051.   EXECUTIVE DIRECTOR; DUTIES.  (a)  The commission shall employ an executive director.  The executive director serves at the pleasure of the commission on a full-time basis and may not hold other employment.
(b)  The executive director shall:
(1)  keep the records of the commission; and
(2)  perform other duties required by the commission.
(c)  The executive director or the executive director's designee shall provide to commission members and employees, as often as necessary, information regarding their qualification for office or employment under this subtitle and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.0515. Grants

Sec. 2022.0515.  GRANTS.  The executive director may apply for and receive any grant applicable to the implementation or enforcement of this subtitle or a rule adopted under this subtitle.
Added by Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.052. Employees; Restrictions on Employment

Sec. 2022.052.   EMPLOYEES; RESTRICTIONS ON EMPLOYMENT.  (a)  The commission shall hire employees as necessary to administer this subtitle.
(b)  The commission shall employ the executive director and other employees to reflect the diversity of the state's population with regard to race, color, disability, sex, religion, age, and national origin.
(c)  The commission may not employ or continue to employ a person who:
(1)  owns or controls a financial interest in a commission license holder;
(2)  is employed by or serves as a paid consultant to a commission license holder, an official state breed registry, or a Texas trade association, as defined by Section 2022.004(a), in the field of horse or greyhound racing or breeding;
(3)  owns or leases a race animal that participates in pari-mutuel racing in this state;
(4)  accepts or is entitled to any part of the purse or Texas-bred incentive award to be paid on a horse or a greyhound in a race conducted in this state; or
(5)  resides with or is related within the first degree by affinity or consanguinity to a person subject to a disqualification prescribed by this subsection.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.053. Commission Investigators

Sec. 2022.053.   COMMISSION INVESTIGATORS.  (a)  The commission may commission as many investigators as the commission determines necessary to enforce this subtitle and commission rules.
(b)  An investigator commissioned under this section shall take the constitutional oath of office and file it with the commission.
(c)   An investigator commissioned under this section has the powers of a peace officer.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.054. Career Ladder; Performance Evaluations

Sec. 2022.054.   CAREER LADDER; PERFORMANCE EVALUATIONS. (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the commission.  The program shall require intra-agency posting of all positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations based on documented employee performance.  All merit pay for commission employees must be based on the system established under this subsection.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.055. Equal Employment Opportunity Policy

Sec. 2022.055.   EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that comply with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission workforce that meets federal and state laws, rules, regulations, and instructions directly promulgated from those laws, rules, and regulations;
(3)  procedures by which a determination can be made about the extent of underuse in the commission workforce of all persons for whom federal or state laws, rules, regulations, and instructions directly promulgated from those laws, rules, and regulations encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of underuse.
(c)  The policy statement must:
(1)  cover an annual period and be updated annually;
(2)  be reviewed by the Texas Workforce Commission for compliance with Subsection (b)(1); and
(3)  be filed with the governor's office.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.056. Division of Responsibility

Sec. 2022.056.   DIVISION OF RESPONSIBILITY.  The commission by rule shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the commission staff.
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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.057. Background Checks and Qualification Criteria

Sec. 2022.057.   BACKGROUND CHECKS AND QUALIFICATION CRITERIA.  Each person appointed to or employed by the commission is subject to all background checks and qualification criteria required to hold a racetrack license or other license 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 2022 - Texas Racing Commission › Subchapter B. Commission Staff › Section 2022.058. Prohibition on Employment of Former Commission Members or Employees by Racetrack Association; Criminal Penalty

Sec. 2022.058.   PROHIBITION ON EMPLOYMENT OF FORMER COMMISSION MEMBERS OR EMPLOYEES BY RACETRACK ASSOCIATION; CRIMINAL PENALTY.   (a)  A racetrack association may not employ a person who has been a commission member, the executive director, or a commission employee in a position in the state employment classification plan of grade 12 or above, or a person related within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, to such a member or employee, during the one-year period immediately preceding the employment by the racetrack association.
(b)  A person may not seek or accept employment with a racetrack association if the racetrack association would violate this section by employing the person.
(c)  A racetrack association or person who violates this section commits an offense.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.101. Public Interest Information

Sec. 2022.101.   PUBLIC INTEREST INFORMATION.  (a)  The commission shall prepare information of public interest describing the functions of the commission and the procedures by which complaints are filed with and resolved by the commission.
(b)  The commission shall make the information described by Subsection (a) available to the public and appropriate state agencies.
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 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.102. Information Relating to Complaint Procedures

Sec. 2022.102.   INFORMATION RELATING TO COMPLAINT PROCEDURES.  (a)  The commission by rule shall establish methods by which racetrack patrons are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission.  The commission may provide the notification:
(1)  on every race performance program provided by each racetrack association; or
(2)  on signs prominently displayed in the common public areas on the premises of each racetrack.
(b)  The commission shall keep information about each complaint filed with the commission.  The information must include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of all persons contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  for complaints for which the commission took no action, an explanation of the reason the complaint was closed without action.
(c)  The commission shall keep a file about each written complaint filed with the commission that the commission has authority to resolve.  The commission shall provide to the person filing the complaint and to the persons who are subjects of the complaint the commission's policies and procedures pertaining to complaint investigation and resolution.
(d)  The commission, at least quarterly and until final disposition of a complaint, shall notify the person filing the complaint and the persons who are subjects of the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
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 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.103. Commission Investigative Files Confidential

Sec. 2022.103.   COMMISSION INVESTIGATIVE FILES CONFIDENTIAL.  (a)  The contents of the investigatory files of the commission are not public records and are confidential except:
(1)  in a criminal proceeding;
(2)  in a hearing conducted by the commission;
(3)  on court order; or
(4)  with the consent of the party being investigated.
(b)  Except as otherwise provided by this subtitle, the files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters that are collected, retained, or compiled by the Department of Public Safety in the discharge of the department's duties under this subtitle are confidential and are not subject to public disclosure, but are subject to discovery by a person who is the subject of the files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters that are collected, retained, or compiled by the department in the discharge of the department's duties under this subtitle.
(c)  An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person who is the subject of the investigation report or other document submitted by the department to the commission that is part of the investigative files of the commission.
(d)  Information that is in a form available to the public is not privileged or confidential under this section and is subject to public disclosure.
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 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.104. Interagency Sharing of Records

Sec. 2022.104.   INTERAGENCY SHARING OF RECORDS.  The commission may share with another regulatory agency of this state any investigatory file information that creates a reasonable suspicion of a person's violation of a law or rule under that agency's jurisdiction.  The agency may use the information as if it was obtained through that agency's investigatory process.
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 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.105. Books and Records; Inspection

Sec. 2022.105.   BOOKS AND RECORDS; INSPECTION.  (a)  The commission shall require racetrack associations, managers, totalisator license holders, and concessionaires to keep books and records and to submit financial statements to the commission.
(b)  Except as provided by Section 2024.002(b), the commission shall adopt rules relating to the matters described by Subsection (a).
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 2022 - Texas Racing Commission › Subchapter C. Records and Information › Section 2022.106. Public Inspection of Records

Sec. 2022.106.   PUBLIC INSPECTION OF RECORDS.  (a)  All commission records that are not made confidential by other law are open to inspection by the public during regular office hours.
(b)  The commission shall maintain all applications for a license under this subtitle and make the applications available for public inspection during regular office hours.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.001. Licensing, Regulation, and Supervision of Horse Racing and Greyhound Racing

Sec. 2023.001.  LICENSING, REGULATION, AND SUPERVISION OF HORSE RACING AND GREYHOUND RACING.  (a)  Notwithstanding any contrary provision in this subtitle, the commission may license and regulate all aspects of horse racing and greyhound racing in this state, regardless of whether that racing involves pari-mutuel wagering.
(b)  The commission, in adopting rules and in the supervision and conduct of racing, shall consider the effect of a proposed commission action on the state's agricultural, horse breeding, horse training, greyhound breeding, and greyhound training 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.002. Regulation and Supervision of Wagering at Race Meetings

Sec. 2023.002.  REGULATION AND SUPERVISION OF WAGERING AT RACE MEETINGS.  (a)  The commission shall regulate and supervise each race meeting in this state that involves wagering on the result of horse racing or greyhound racing.  Each person and thing relating to the operation of a race meeting is subject to regulation and supervision by the commission.
(b)  The commission shall adopt rules, issue licenses, and take any other necessary action relating exclusively to horse racing or greyhound racing.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.003. Other Licensing and Regulation: Rules and Fees

Sec. 2023.003.  OTHER LICENSING AND REGULATION:  RULES AND FEES.  (a)  The commission may adopt rules for the licensing and regulation of races and workouts at tracks that do not offer pari-mutuel wagering and for workouts at training facilities to secure past performances and workouts to:
(1)  protect the health, safety, and welfare of race animals and participants in racing;
(2)  safeguard the interest of the general public; and
(3)  promote the orderly conduct of racing in this state.
(b)  The commission may charge an annual fee for licensing and regulating a track that does not offer pari-mutuel wagering or a training facility in a reasonable amount that may not exceed the actual cost of enforcing rules adopted for the licensing and regulation of races and workouts at such a facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.004. Commission Rules

Sec. 2023.004.  COMMISSION RULES.  (a)  The commission shall adopt:
(1)  rules for conducting horse racing or greyhound racing in this state that involves wagering; and
(2)  rules for administering this subtitle in a manner consistent with this subtitle.
(b)  The commission may establish separate sections to review or propose commission rules.
(c)  The commission or a commission section shall hold a meeting on a proposed rule before the commission publishes the proposed rule in the Texas Register.
(d)  The commission shall post at each racetrack notice of a meeting under Subsection (c) that includes an agenda of the meeting and a summary of the proposed rule.
(e)  A copy of a proposed rule published in the Texas Register shall be posted concurrently at each racetrack.
(f)  The commission or a commission section may appoint a committee of experts, members of the public, or other interested parties to advise the commission or section about a proposed 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.005. Limitation on Rules Restricting Competitive Bidding or Advertising

Sec. 2023.005.  LIMITATION ON RULES RESTRICTING COMPETITIVE BIDDING OR ADVERTISING.  The commission may not adopt rules restricting competitive bidding or advertising by a license holder except to prohibit false, misleading, or deceptive practices.  Commission rules to prohibit false, misleading, or deceptive practices may not:
(1)  restrict the use of any medium for advertising;
(2)  restrict the use of a license holder's personal appearance or voice in an advertisement;
(3)  relate to the size or duration of an advertisement by the license holder; or
(4)  restrict the license holder's advertisement under a trade name.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.006. Consideration of Past Performance of Racetrack Association

Sec. 2023.006.  CONSIDERATION OF PAST PERFORMANCE OF RACETRACK ASSOCIATION.  In considering a pleading of a racetrack association, the commission shall take into account the operating experience of the racetrack association in this state, including:
(1)  the financial condition of the racetrack;
(2)  the regulatory compliance and conduct; and
(3)  any other relevant matter concerning the 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.007. Right of Entry

Sec. 2023.007.  RIGHT OF ENTRY.  A commission member, an authorized commission agent, a commissioned officer of the Department of Public Safety, or a peace officer of the local jurisdiction in which a racetrack association maintains a place of business may enter any part of a racetrack or any other place of business of a racetrack association at any time to enforce and administer 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.008. Testimony and Subpoena Power

Sec. 2023.008.  TESTIMONY AND SUBPOENA POWER.  (a)  For purposes of this section, "agent" means an appointed agent of the commission.
(b)  A commission member or an agent, while involved in carrying out functions under this subtitle, may:
(1)  take testimony;
(2)  require by subpoena the attendance of a witness; and
(3)  require the production of books, records, papers, correspondence, and other documents that the commission considers advisable.
(c)   A subpoena must be issued under the signature of the commission or an agent.  A person designated by the commission must serve the subpoena.
(d)  A commission member or an agent may administer an oath to a witness appearing before the commission or an agent.
(e)  If a subpoena issued under this section is disobeyed, the commission or an agent may invoke the aid of a Travis County district court in requiring compliance with the subpoena.  A Travis County district court may issue an order requiring the person to appear and testify and to produce books, records, papers, correspondence, and documents.  Failure to obey the court order shall be punished by the court as contempt.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter A. Regulation, Supervision, and Licensing Relating to Horse Racing and Greyhound Racing › Section 2023.009. Judicial Review of Commission Order

Sec. 2023.009.  JUDICIAL REVIEW OF COMMISSION ORDER.  (a)  Judicial review of a commission order is under the substantial evidence rule.
(b)  Venue for judicial review of a commission order is in a district court in Travis County.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.051. Recognition of Organization

Sec. 2023.051.  RECOGNITION OF ORGANIZATION.  (a)  The commission by rule shall adopt criteria to recognize an organization to represent members of a segment of the racing industry, including owners, breeders, trainers, kennel operators, or other persons involved in the racing industry, in any interaction between the members of the organization and a racetrack association or the commission.
(b)  The commission may recognize an organization that meets the criteria adopted under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.052. Security for Fees and Charges

Sec. 2023.052.  SECURITY FOR FEES AND CHARGES.  The commission may require a racetrack association to post security in an amount and form determined by the commission to adequately ensure the payment of any fee or charge due to this state or the commission relating to pari-mutuel racing, including a charge for drug testing.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.053. Texas Racing Commission Fund; Additional Appropriations

Sec. 2023.053.  TEXAS RACING COMMISSION FUND; ADDITIONAL APPROPRIATIONS.  (a)  The commission shall deposit the money it collects under this subtitle in the state treasury to the credit of a special fund to be known as the Texas Racing Commission fund.
(b)  The Texas Racing Commission fund may be appropriated only for the administration and enforcement of this subtitle.
(c)  Any unappropriated money exceeding $2 million that remains in the fund at the close of each state fiscal biennium shall be transferred to the general revenue fund and may be appropriated for any purpose.
(d)  The legislature may appropriate money from the general revenue fund for the administration and enforcement of this subtitle.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 9(1), eff. September 1, 2023.
(f)  This section does not apply to money deposited into the Texas-bred incentive fund established under Section 2028.301.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1366 (H.B. 3366), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 7, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 9(1), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.054. Commission Standards on Greyhound Farms and Facilities

Sec. 2023.054.  COMMISSION STANDARDS ON GREYHOUND FARMS AND FACILITIES.  The commission shall adopt standards relating to the operation of greyhound farms or other facilities where greyhounds are raised for pari-mutuel 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.055. Report of Violation

Sec. 2023.055.  REPORT OF VIOLATION.  The commission's rules must allow anonymous reporting of a violation of this subtitle or of 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.056. Cooperation With Law Enforcement

Sec. 2023.056.  COOPERATION WITH LAW ENFORCEMENT.  (a)  The commission shall cooperate with a district attorney, a criminal district attorney, a county attorney, the Department of Public Safety, the attorney general, or a peace officer in enforcing this subtitle.
(b)  The commission, under commission authority to obtain criminal history record information under Section 2023.057, shall maintain and exchange pertinent intelligence data with other states and agencies.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.057. Access to Criminal History Records

Sec. 2023.057.  ACCESS TO CRIMINAL HISTORY RECORDS.  The commission may obtain criminal history record information that relates to each applicant for employment by the commission and to each applicant for a license issued by the commission and that is maintained by the Department of Public Safety or the Federal Bureau of Investigation Identification Division.  The commission may refuse to recommend an applicant who fails to provide a complete set of fingerprints.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.058. Cost of Criminal History Record Check

Sec. 2023.058.  COST OF CRIMINAL HISTORY RECORD CHECK.  (a)  The commission shall, in determining the amount of a license fee, set the fee in at least an amount necessary to cover the cost of conducting a criminal history record check on a license applicant.
(b)  The commission shall reimburse the Department of Public Safety for the cost of conducting a criminal history record check 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.059. Distance Learning

Sec. 2023.059.  DISTANCE LEARNING.  The commission may provide assistance to members of the racing industry who are attempting to develop or implement adult, youth, or continuing education programs that use distance learning.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.060. Certified Documents

Sec. 2023.060.  CERTIFIED DOCUMENTS.  Instead of requiring an affidavit or other sworn statement in an application or other document that must be filed with the commission, the commission may require a certification of the document under penalty of perjury in the form prescribed by the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter B. General Powers and Duties › Section 2023.061. Annual Report

Sec. 2023.061.  ANNUAL REPORT.  (a)  Not later than January 31 of each year, the commission shall file a report with the governor, lieutenant governor, and speaker of the house of representatives.
(b)  The report must cover the operations of the commission and the condition of horse breeding and racing and greyhound breeding and racing during the previous year.
(c)  The commission shall obtain from the Department of Public Safety a comprehensive report of any organized crime activities in this state that the department may wish to report and information concerning illegal gambling that may be known to exist in this state.  The commission shall include in the annual report the department's report and any recommendations the commission considers appropriate.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.101. Employment of Stewards and Judges

Sec. 2023.101.  EMPLOYMENT OF STEWARDS AND JUDGES.  (a)  A horse race meeting must be supervised by three stewards, and a greyhound race meeting must be supervised by three judges.
(b)  The commission shall employ each steward and judge for the supervision of a horse race or greyhound race meeting.
(c)  The commission shall designate one steward or judge, as appropriate, as the presiding steward or judge for each race meeting.
(d)  Following the completion of a race meeting, a racetrack association may submit to the commission for the commission's review written comments regarding the job performance of the stewards and judges.  A racetrack association's comments submitted under this section are not binding, in any way, on 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.102. Steward and Judge Examinations

Sec. 2023.102.  STEWARD AND JUDGE EXAMINATIONS.  (a)  The commission shall require each steward or judge to annually take and pass a written examination and a medical examination.
(b)  The commission by rule shall prescribe the methods and procedures for taking the examinations and the standards for passing.
(c)  Failure to pass an examination is a ground for refusal to issue an original or renewal license to a steward or judge or for suspension or revocation of the 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.103. Employment of State Veterinarians

Sec. 2023.103.  EMPLOYMENT OF STATE VETERINARIANS.  For each race meeting, the commission shall employ at least one state veterinarian.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.104. Race Meeting Official Compensation and Fee

Sec. 2023.104.  RACE MEETING OFFICIAL COMPENSATION AND FEE.  (a)  The commission by rule may impose a fee on a racetrack association to offset the costs of compensating each steward, judge, and state veterinarian.
(b)  The fee amount for compensating each steward, judge, and state veterinarian must be reasonable according to industry standards for the compensation of those officials at other racetracks and may not exceed the actual cost to the commission for compensating the officials.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.105. Employment of Other Racetrack Officials

Sec. 2023.105.  EMPLOYMENT OF OTHER RACETRACK OFFICIALS.  The racetrack association shall appoint, with the commission's approval, all racetrack officials other than the officials listed in Section 2023.104.  Compensation for officials not compensated by the commission is determined 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.106. Race Meeting Official Powers and Duties; Rules

Sec. 2023.106.  RACE MEETING OFFICIAL POWERS AND DUTIES; RULES.  (a)  A steward or judge may on any day exercise the supervisory authority granted the steward or judge under this subtitle or commission rule, including the performance of supervisory acts requiring the exercise of discretion.
(b)  The commission shall adopt rules that specify the power and duties of each race meeting official, including the power of a steward or judge to impose penalties for unethical practices or violations of racing rules.
(c)  A penalty imposed by a steward or judge may include a fine of not more than $25,000, a suspension not to exceed five years, or both a fine and suspension.
(d)  Before imposing a penalty under this section, a steward or judge shall conduct a hearing that is consistent with constitutional due process.  A hearing conducted by a steward or judge under this section is not subject to 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 2023 - Commission and Race Meeting Official Powers and Duties › Subchapter C. Employment of and Supervision by Race Meeting Officials › Section 2023.107. Executive Director Review and Modification of Penalty

Sec. 2023.107.  EXECUTIVE DIRECTOR REVIEW AND MODIFICATION OF PENALTY.  (a)  A decision of a steward or judge is subject to review by the executive director, who may modify the penalty.
(b)  A penalty modified by the executive director under this section may include a fine of not more than $100,000, a suspension not to exceed five years, or both a fine and a suspension.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.