Title OC, Occupations Code

Sec. 2033.005. IMPERSONATING LICENSE HOLDER. (a) A person commits an offense if the person impersonates a license holder with the intent to induce another person to submit to the actor's purported authority as a license holder or to rely on the actor's actions as an alleged licen…

Sec. 2033.006. UNLAWFUL POSSESSION OR USE OF CREDENTIAL. (a) A person commits an offense if the person knowingly possesses or displays a credential or false credential that identifies the person as the holder of the credential and the person knows that: (1) the credential is not …

Sec. 2033.007. FAILURE TO DISPLAY CREDENTIAL. (a) For purposes of this section, a request is lawful if it is made: (1) at any time by: (A) the commission; (B) an authorized commission agent; (C) the director or a commissioned officer of the Department of Public Safety; (D) a peac…

Sec. 2033.008. RACES CONDUCTED ON CERTAIN INDIAN LANDS. (a) A person commits an offense if the person knowingly wagers on the result of a horse or greyhound race conducted in this state that: (1) is held on an American Indian reservation or on American Indian trust land located i…

Sec. 2033.009. ILLEGAL ACCESS TO ENCLOSURE. (a) A person commits an offense if the person is a license holder and the person knowingly permits, facilitates, or allows access to an enclosure where races are conducted to another person who the person knows: (1) has engaged in bookm…

Sec. 2033.010. HINDERING ENTRY OR SEARCH. (a) A person commits an offense if the person with criminal negligence refuses, denies, or hinders entry to another person who is exercising or attempting to exercise a power of entry under this subtitle or a commission rule. (b) A person…

Sec. 2033.011. FORGING PARI-MUTUEL TICKET. (a) In this section, "forge" has the meaning assigned by Section 32.21, Penal Code. (b) A person commits an offense if the person knowingly forges a pari-mutuel ticket with the intent to defraud or harm another person. (c) An offense und…

Sec. 2033.012. FALSE STATEMENTS. (a) In this section, "statement" means a representation of fact, including: (1) a written or oral statement; or (2) a sworn or unsworn statement. (b) A person commits an offense if the person knowingly makes a material and false, incorrect, or dec…

Sec. 2033.013. TOUTING. (a) A person commits an offense if, with an intent to deceive and an intent to obtain a benefit, the person knowingly: (1) makes a false statement about a horse or greyhound race to another person; or (2) offers, agrees to convey, or conveys false informat…

Sec. 2033.014. BRIBERY AND CORRUPT INFLUENCE. (a) A person commits an offense if, with the intent to influence or affect the outcome of a race in a manner contrary to this subtitle or a commission rule, the person offers, confers, or agrees to confer on another person, or solicit…

Sec. 2033.015. POSSESSION OR USE OF PROHIBITED DEVICE OR SUBSTANCE. (a) A person commits an offense if the person possesses a prohibited device or prohibited substance at a racetrack, in an enclosure, or at a training facility. (b) A person commits an offense if, with the intent …

Sec. 2033.016. CRIMINAL CONFLICT OF INTEREST. A person who is a commission member commits an offense if the person: (1) accepts, directly or indirectly, employment or remuneration from a racetrack, racetrack association, or other license holder, including a racetrack, racetrack a…

Sec. 2033.017. OFFENSE INVOLVING MINOR. (a) A person commits an offense if the person with criminal negligence permits, facilitates, or allows: (1) wagering by a minor at a racetrack; or (2) entry by a child to the viewing section of a racetrack. (b) A person commits an offense i…

Sec. 2033.018. SEARCH AND SEIZURE. (a) A person consents to a search for a prohibited device, prohibited substance, or other contraband at a time and location described by Subsection (b) if the person: (1) accepts a license or other credential issued under this subtitle; or (2) e…

Sec. 2033.019. PROSECUTION. A person subject to prosecution for an offense under this subtitle and another law may be prosecuted under either law. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2033.020. VENUE FOR PROSECUTION. Venue for the prosecution of an offense under this subtitle is in Travis County or in a county in which an element of the offense occurred. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2033.021. COMMISSION AUTHORITY. This subchapter does not restrict the commission's administrative authority to enforce this subtitle or commission rules to the fullest extent authorized by this subtitle. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, ef…

Sec. 2033.051. IMPOSITION OF PENALTY. If the commission determines that a person regulated under this subtitle has violated this subtitle or a rule or order adopted under this subtitle in a manner that constitutes a ground for a disciplinary action under this subtitle, the commis…

Sec. 2033.052. AMOUNT OF PENALTY. (a) The commission may assess an administrative penalty under this subchapter in an amount not to exceed $10,000 for each violation. (b) In determining the amount of the penalty, the commission shall consider the seriousness of the violation. Add…

Sec. 2033.053. PRELIMINARY REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) If, after examination of a possible violation and the facts relating to that possible violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report tha…

Sec. 2033.054. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date on which the commission sends the preliminary report under Section 2033.053, the person charged may: (1) make a written request for a hearing; or (2) remit the amount of the adm…

Sec. 2033.055. HEARING. (a) If the person charged requests a hearing, the hearing shall be conducted in the manner provided for a contested case hearing under Chapter 2001, Government Code. (b) If it is determined after the hearing that the person has committed the alleged violat…

Sec. 2033.056. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date on which the notice required under Section 2033.055 is received, the person charged shall pay the administrative penalty in full or exercise the right to appeal either the amo…

Sec. 2033.057. COMPLAINTS. (a) A complaint alleging a violation of this subtitle may be instituted by the Department of Public Safety, the commission, or the attorney general. (b) The complaint must be decided by the commission under the contested case provisions of Chapter 2001,…

Sec. 2033.101. CEASE AND DESIST ORDER. (a) The executive director may issue a cease and desist order if the executive director reasonably believes a racetrack association or other license holder is engaging or is likely to engage in conduct that violates this subtitle or a commis…

Sec. 2033.102. HEARING CONCERNING PROPOSED CEASE AND DESIST ORDER; FINAL ORDER. (a) If the person against whom a proposed cease and desist order is directed requests, in writing, a hearing before the effective date of the proposed order, the order is automatically stayed pending …

Sec. 2033.103. PETITION FOR JUDICIAL REVIEW OF CEASE AND DESIST ORDER. (a) A person affected by a cease and desist order issued, affirmed, or modified after a hearing under Section 2033.102 may file a petition for judicial review in a district court of Travis County under Chapter…

Sec. 2033.104. EMERGENCY CEASE AND DESIST ORDER. (a) The executive director may issue an emergency cease and desist order if the executive director reasonably believes a racetrack association or other license holder is engaged in a continuing activity that violates this subtitle …

Sec. 2033.105. HEARING CONCERNING EMERGENCY CEASE AND DESIST ORDER; FINAL ORDER. (a) A racetrack association or other license holder that is the subject of an emergency cease and desist order may request a hearing. The request must: (1) be filed with the executive director not la…

Sec. 2033.106. VIOLATION OF FINAL CEASE AND DESIST ORDER. (a) If the executive director reasonably believes that a person has violated a final and enforceable cease and desist order, the executive director may: (1) initiate administrative penalty proceedings under Subchapter B; (…

Sec. 2033.151. DISCIPLINARY ACTIONS. (a) The commission shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this subtitle or a commission rule. (b) If a license suspens…

Sec. 2033.152. HEARING CONCERNING SUSPENSION, REVOCATION, OR REFUSAL TO RENEW LICENSE. (a) If the commission proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. (b) Proce…

Sec. 2033.153. INJUNCTION. The commission may institute an action in its own name to enjoin the violation of this subtitle. An action for an injunction is in addition to any other action, proceeding, or remedy authorized by law. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. …

Sec. 2033.154. ENFORCEMENT REGARDING HORSEMEN'S ACCOUNT. (a) The commission by rule shall develop a system for monitoring the activities of managers and employees of a racetrack association relating to the horsemen's account. The monitoring system may include review of the financ…