Title OC, Occupations Code

Sec. 2028.153. STATE FEE. On each racing day, a greyhound racetrack association shall pay to the comptroller the fee due this state. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2028.154. BREAKAGE. (a) A greyhound racetrack association shall pay 50 percent of the breakage to the appropriate state greyhound breed registry. Of that breakage percentage: (1) 25 percent is to be used in stakes races; and (2) 25 percent of that total breakage from a live …

Sec. 2028.155. ALLOCATION OF PURSE IN GREYHOUND RACES. (a) The purse in a greyhound race may not be less than 4.7 percent of the total deposited in each pari-mutuel pool. (b) Of the portion of a purse allocated to a greyhound: (1) 35 percent shall be paid directly to the greyhoun…

Sec. 2028.201. RULES. The commission shall adopt rules relating to this subchapter and the oversight of the amounts allocated under Sections 2028.202(b) and (c). Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2028.202. REQUIRED DISTRIBUTIONS. (a) A racetrack association shall distribute from the total amount deducted as provided by Sections 2028.101 and 2028.152 from each simulcast pari-mutuel pool and each simulcast cross-species pari-mutuel pool the following shares: (1) an amo…

Sec. 2028.203. REIMBURSEMENT FOR SIMULCAST SIGNAL COST. If a racetrack association purchases an interstate simulcast signal and the signal cost exceeds five percent of the pari-mutuel pool, the commission, from the escrowed account under Section 2028.202(b)(4), shall reimburse th…

Sec. 2028.204. ALLOCATION OF MONEY IN ESCROW ACCOUNTS. (a) A greyhound racetrack association shall deposit into an escrow account in the commission's registry the purse set aside under Section 2028.202(b)(4). (b) Any horse racetrack association in this state may apply to the comm…

Sec. 2028.2041. ALLOCATION OF CERTAIN FUNDS. (a) In each state fiscal biennium, the comptroller shall deposit the amounts allocated under Section 151.801(c-3), Tax Code, into the escrow account established under Section 2028.204(b), until the comptroller determines the amount dep…

Sec. 2028.205. ADDITIONAL ALLOCATIONS FOR CERTAIN RACETRACKS. (a) In addition to money allocated under Section 2028.204, a horse racetrack association operating a racetrack that is located not more than 75 miles from a greyhound racetrack that offers wagering on a cross-species s…

Sec. 2028.206. HOST FEE. A racetrack association conducting a live race that is being simulcast may charge the receiving racetrack a host fee in addition to the amounts described in this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1…

Sec. 2028.251. ADMISSION FEES AUTHORIZED. (a) A commissioners court may collect a fee not to exceed 15 cents as an admission fee to a racetrack located in the county. (b) If the racetrack is located in a municipality, the governing body of the municipality may collect a fee not t…

Sec. 2028.252. ADDITIONAL FEES FOR CERTAIN COUNTIES. If the racetrack is a class 1 racetrack, the commissioners court of each county with a population of not less than 1.3 million adjacent to the county in which the racetrack is located may each collect fees equal to the fees aut…

Sec. 2028.253. PROCEDURES FOR FEE COLLECTION. (a) A commissioners court by order may establish procedures for the collection of the fees under Section 2028.251. (b) The procedures may require a racetrack association to keep records and file the reports considered necessary by the…

Sec. 2028.254. OTHER FEES AND TAXES PROHIBITED. A county or municipality may not assess or collect any other license fee, privilege tax, excise tax, or racing fee on admissions to, or wagers placed at, a racetrack. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.…

Sec. 2028.301. TEXAS-BRED INCENTIVE FUND. (a) The commission shall deposit money set aside for the Texas-bred program or set aside for use by state breed registries under this chapter into an escrow account in the state treasury in the registry of the commission to be known as th…

Sec. 2029.001. ALLOCATION OF HORSE RACING DAYS; PROHIBITED RACING DAYS. (a) The commission shall allocate the live and simulcast horse racing days for the conduct of live and simulcast racing at each racetrack. (b) In allocating race dates under this section, the commission shall…

Sec. 2029.002. CHARITY DAYS. (a) The commission shall grant to each racetrack association additional horse racing days during a horse race meeting to be conducted as charity days. The commission shall grant to each class 1 racetrack and to each class 2 racetrack at least two and …

Sec. 2029.003. ACCESS TO RACES. (a) Each racetrack shall provide reasonable access to races for all breeds of horses as determined by the racetrack association through negotiations with the representative state horse breed registry with the final approval of the commission. (b) I…

Sec. 2029.051. NUMBER OF GREYHOUND RACING DAYS. A greyhound racetrack association is entitled to 300 evening performances and 150 matinee performances in a calendar year. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2029.052. CHARITY DAYS. (a) The commission shall grant not less than five additional greyhound racing days during a greyhound race meeting to be conducted as charity days. (b) The commission shall ensure that races conducted by a racetrack association on a charity day are co…

Sec. 2029.053. SUBSTITUTE RACING DAYS OR ADDITIONAL RACES. If, for a reason beyond a greyhound racetrack association's control and not caused by the racetrack association's fault or neglect, it is impossible for the racetrack association to conduct a race on a day authorized by t…

Sec. 2030.001. QUALIFICATIONS OF ACCREDITED TEXAS-BRED HORSES. (a) Subject to this subtitle or commission rule, a state horse breed registry shall adopt reasonable rules to establish the qualifications of accredited Texas-bred horses to promote, develop, and improve the breeding …

Sec. 2030.002. STATE HORSE BREED REGISTRIES. (a) The officially designated state horse breed registries for accredited Texas-bred horses are: (1) the Texas Thoroughbred Breeders Association for Thoroughbred horses; (2) the Texas Quarter Horse Association for quarter horses; (3) t…

Sec. 2030.003. TEXAS-BRED RACES. (a) In this section, "Texas-bred race" means a race limited to accredited Texas-bred horses. (b) A racetrack association shall provide for the running of Texas-bred races. (c) Except as provided by Subsection (d), on each horse racing day, a racet…

Sec. 2030.004. PURSE SUPPLEMENTS FOR TEXAS-BRED RACES. (a) In this section, "Texas-bred race" has the meaning assigned by Section 2030.003. (b) To encourage horse breeding in this state, an accredited Texas-bred horse finishing first, second, or third in a race in this state, exc…

Sec. 2030.005. EQUITABLE NUMBER OF RACES FOR EACH BREED. (a) A racetrack association that conducts a horse race meeting for more than one breed of horse at one racetrack shall provide that the number of races run by each breed on each day is equitable as determined by the commiss…

Sec. 2030.006. EQUITABLE STABLING. A racetrack association that conducts a horse race meeting for more than one breed of horse at one racetrack shall provide on-track stalls on an equitable basis as determined by the commission under Section 2029.003. Added by Acts 2017, 85th Leg…

Sec. 2030.051. QUALIFICATIONS OF TEXAS-BRED GREYHOUNDS. (a) Subject to this subtitle or commission rule, the state greyhound breed registry shall adopt reasonable rules to establish the qualifications of accredited Texas-bred greyhounds to promote, develop, and improve the breedi…

Sec. 2030.052. STATE GREYHOUND BREED REGISTRY. The officially designated state greyhound breed registry for accredited Texas-bred greyhounds is the Texas Greyhound Association. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2030.053. BREAKAGE DISTRIBUTIONS DUE STATE GREYHOUND BREED REGISTRY. (a) The state greyhound breed registry shall adopt rules to provide for the use of breakage received by the registry under Section 2028.154(a). (b) A racetrack association shall pay the appropriate state gr…

Sec. 2031.001. ESTABLISHMENT OF TEXAS DERBIES. (a) The commission shall establish as Texas Derbies the following annual stakes races: (1) one race open to three-year-old Thoroughbreds; (2) one race open only to three-year-old Texas-bred Thoroughbreds; (3) one race open to three-y…

Sec. 2031.002. RACE CONDITIONS, ENTRANCE QUALIFICATIONS, AND PREFERENCE SYSTEM. (a) For each Texas Derby, the race conditions, the entrance qualifications, and the preference system used to determine race finalists shall be developed by: (1) the racetrack that is awarded the derb…

Sec. 2031.003. PRERACE EXAMINATION. (a) For each Texas Derby, the commission shall appoint a state veterinarian to conduct a prerace examination of each horse entered in the race to determine whether the horse: (1) is healthy; and (2) meets standards set by commission rule for ra…

Sec. 2031.004. TEXAS DERBY ESCROW PURSE FUND. (a) The commission shall establish a Texas Derby escrow purse fund. (b) Notwithstanding Section 2023.053 or 2024.055 or any other law, the commission by rule shall determine a portion of the fees, charges, and other revenue collected …

Sec. 2032.001. COUNTY LIVESTOCK SHOWS AND EXHIBITS; COUNTY RIGHTS. (a) Subject to the licensing requirements and other provisions of this subtitle, a county may conduct an annual race meeting, not to exceed 16 racing days, in connection with a livestock show or exhibit held under…

Sec. 2032.002. COUNTIES HOLDING CERTAIN RACETRACK LICENSES. (a) A county that holds a class 4 racetrack license may conduct an annual race meeting not to exceed five racing days in connection with a livestock show or exhibit held under Chapter 319, Local Government Code. A racing…

Sec. 2032.003. PUBLIC FAIRS AND LIVESTOCK EXHIBITIONS. Subject to the licensing requirements and other provisions of this subtitle, a nonprofit corporation may conduct a race meeting, not to exceed 16 racing days, for the purpose of encouraging agriculture through the operation o…

Sec. 2033.001. GENERAL CRIMINAL PENALTY. If a provision of this subtitle creates an offense without providing a specific penalty, a person who violates that provision commits a state jail felony. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2…

Sec. 2033.002. UNLAWFUL RACING. A person commits an offense if: (1) the person participates in, permits, or conducts a horse or greyhound race at a racetrack; (2) the person wagers on the partial or final outcome of the horse or greyhound race or knows or reasonably should know t…

Sec. 2033.003. PARI-MUTUEL WAGERING WITHOUT LICENSE. (a) A person commits an offense if, without a license, the person in any capacity participates or is otherwise involved in horse racing or greyhound racing with pari-mutuel wagering. (b) An offense under Subsection (a) is a Cla…

Sec. 2033.004. RACING WITHOUT LICENSE. (a) A person commits an offense if the person: (1) conducts a horse or greyhound race without a racetrack license; and (2) knows or reasonably should know that another person is betting on the final or partial outcome of the race. (b) An off…

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…