82R1287 KYF-D
 
  By: Hilderbran H.B. No. 254
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing the Texas Derby.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Texas Racing Act (Article 179e, Vernon's
  Texas Civil Statutes) is amended by adding Article 9A to read as
  follows:
  ARTICLE 9A. TEXAS DERBY
         Sec. 9A.001.  TEXAS DERBY. (a)  The commission shall
  establish the Texas Derby as an annual grade 1 stakes race of
  Texas-bred Thoroughbred and quarter horses in this state.
         (b)  The commission shall set the date of and the location
  for the Texas Derby.  The Texas Derby must be held annually at the
  class 1 racetrack determined by the commission.  The commission
  shall determine the location of the Texas Derby by conducting a
  blind drawing of the names of each class 1 racetrack in this state
  to establish an annual rotation for the location.
         (c)  The date of the initial Texas Derby may not be earlier
  than January 1, 2015.  Not later than January 1, 2015, the
  commission shall establish the annual rotation required under
  Subsection (b) of this section.  This subsection expires January 1,
  2016.
         Sec. 9A.002.  QUALIFYING RACES. (a) The commission shall
  establish two annual races of Texas-bred Thoroughbred and quarter
  horses to qualify horses for entry into the Texas Derby.
         (b)  The commission shall determine for each qualifying
  race:
               (1)  the date on which the race will be conducted,
  provided the date is not the date on which another qualifying race
  will be conducted; and
               (2)  the class 1 racetrack where the qualifying race
  will be conducted, provided that:
                     (A)  the race is not conducted at a racetrack
  where another qualifying race will be conducted that year; and
                     (B)  the racetrack is in a county with a
  population of at least two million or adjacent to a county with a
  population of at least two million.
         (b-1)  The date of a qualifying race for the initial Texas
  Derby may not be earlier than January 1, 2014.  This subsection
  expires January 1, 2015.
         (c)  A horse is not eligible to run in a qualifying race or
  the Texas Derby unless the horse:
               (1)  is a Texas-bred Thoroughbred or quarter horse; and
               (2)  is not more than three years of age.
         (d)  A horse that finishes first, second, or third in a race
  under this section qualifies to run in the Texas Derby race
  established under Section 9A.001 of this Act.
         Sec. 9A.003.  INSPECTION AND EXAMINATION OF HORSE. (a)  For
  each qualifying race conducted under Section 9A.002 of this Act and
  for the Texas Derby, the commission shall appoint a veterinarian to
  supervise the inspection and examination of each horse entered in
  the race to determine whether the horse is qualified to participate
  in the race.
         (b)  The commission, in consultation with veterinarians,
  shall by rule establish a list of documentation that must be
  presented for each year to the veterinarian appointed under
  Subsection (a) of this section to demonstrate that the horse is
  qualified to run in the race.
         Sec. 9A.004.  TEXAS DERBY PURSE FUND.  (a)  The commission
  shall establish a Texas Derby purse fund.
         (b)  The commission shall annually contribute $3 million to
  the Texas Derby purse fund from money allocated and available to the
  commission for any purpose, including money specifically dedicated
  to purse funds.
         (c)  A horse racing association conducting the Texas Derby or
  a qualifying race under Section 9A.002 of this Act shall:
               (1)  collect an entry fee from each owner of a horse
  entered in the race; and
               (2)   remit to the commission a portion of the collected
  fees in the amount determined by the commission as sufficient to
  ensure that the purse for the Texas Derby is at least $5 million,
  including the amount contributed by the commission.
         (d)  The commission shall adopt rules for accounting, audit,
  and distribution of money from the Texas Derby purse fund to winners
  of the race.
         SECTION 2.  Notwithstanding Section 9A.004, Texas Racing Act
  (Article 179e, Vernon's Texas Civil Statutes), as added by this
  Act, the Texas Racing Commission may not contribute any money to the
  Texas Derby purse fund before January 1, 2015.
         SECTION 3.  This Act takes effect September 1, 2011.