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AN ACT
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relating to establishing the Texas Derbies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes) is amended by adding Article 9A to read as |
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follows: |
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ARTICLE 9A. TEXAS DERBIES |
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Sec. 9A.001. TEXAS DERBIES. (a) The commission shall |
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establish as Texas Derbies the following annual stakes races: |
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(1) one race open to three-year-old Thoroughbreds; |
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(2) one race open only to three-year-old Texas-bred |
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Thoroughbreds; |
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(3) one race open to three-year-old quarter horses; |
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and |
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(4) one race open only to three-year-old Texas-bred |
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quarter horses. |
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(b) For a Texas Derby open only to Texas-bred horses, the |
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respective official state breed registries and the official |
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horsemen's organization shall develop: |
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(1) the race conditions and entrance qualifications; |
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and |
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(2) the preference system used to determine the race |
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finalists. |
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(c) Each class 1 racetrack that is awarded a Texas Derby |
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that is not limited to Texas-bred horses shall develop for the |
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derby: |
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(1) the race conditions and entrance qualifications; |
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and |
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(2) the preference system used to determine the race |
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finalists. |
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(d) The race conditions and qualifications and preference |
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systems developed for the Texas Derbies under Subsection (b) or (c) |
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of this section are subject to review and approval by the executive |
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secretary. |
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(e) The commission shall set the date of and the location |
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for each Texas Derby. Each Texas Derby must be held annually at the |
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class 1 racetrack determined by the commission. The commission |
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shall determine the location of each Texas Derby in consultation |
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with: |
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(1) each class 1 racetrack; |
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(2) the official state breed registries; and |
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(3) the official horsemen's organization. |
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(f) The commission may sell the right to name a Texas Derby. |
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The commission shall deposit the proceeds from the sale of the right |
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to name a Texas Derby into the Texas Derby escrow purse fund |
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established under Section 9A.003 of this article. |
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(g) The date of the initial Texas Derby may not be earlier |
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than January 1, 2015. This subsection expires January 1, 2016. |
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Sec. 9A.002. INSPECTION AND EXAMINATION OF HORSE. (a) For |
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each Texas Derby, the commission shall appoint a state veterinarian |
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to conduct a prerace examination of each horse entered in the race |
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to determine whether the horse is healthy and meets standards set by |
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commission rule for racing. |
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(b) The examination may include any procedure that the state |
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veterinarian considers necessary to make the determination |
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required by Subsection (a) of this section. |
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(c) The examination may be conducted at any time before the |
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race. |
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Sec. 9A.003. TEXAS DERBY ESCROW PURSE FUND. (a) The |
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commission shall establish a Texas Derby escrow purse fund. |
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(b) The commission shall by rule establish a schedule of |
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entrance fees for participants in each Texas Derby. A portion |
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determined by the commission of each entrance fee shall be |
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deposited in the Texas Derby escrow purse fund. |
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(c) Notwithstanding Section 3.09 of this Act or any other |
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law, the commission by rule shall determine a portion of the fees, |
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charges, and other revenue collected under this Act to be deposited |
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to the credit of the Texas Derby escrow purse fund as reasonably |
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necessary to maintain competitive purses for each Texas Derby. |
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(d) The commission by rule may assess under this Act |
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additional charges and fees, including gate fees, to supplement the |
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funds otherwise deposited in the Texas Derby escrow purse fund |
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under this section. |
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(e) The commission may not: |
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(1) use funds from the accredited Texas-bred program |
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under Article 9 of this Act or the escrowed purse account under |
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Section 6.091(e) of this Act to fund the Texas Derby escrow purse |
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fund; or |
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(2) order a breed registry to fund a purse for a Texas |
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Derby, make contributions to the Texas Derby escrow purse fund, or |
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pay the expenses of a Texas Derby race. |
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(f) Other than as provided by this section, no other state |
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revenue may be deposited to the credit of the Texas Derby escrow |
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purse fund. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Racing Commission shall adopt the rules |
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necessary to implement Section 9A.003, Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 254 was passed by the House on May 13, |
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2011, by the following vote: Yeas 101, Nays 34, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 254 on May 24, 2011, by the following vote: Yeas 118, Nays 23, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 254 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |