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A BILL TO BE ENTITLED
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AN ACT
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relating to the set aside, collection, and transfer of certain |
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money for the Texas-bred program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.020(r), Agriculture Code, is amended |
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to read as follows: |
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(r) The commissioner shall transfer money paid as a [A] |
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penalty and collected under this section to the Texas Racing |
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Commission for the Texas-bred program to be used as provided by |
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Section 6.08(f-1), Texas Racing Act (Article 179e, Vernon's Texas |
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Civil Statutes) [shall be deposited in the state treasury to the
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credit of the General Revenue Fund]. |
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SECTION 2. Section 6.08, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by amending Subsections |
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(f) and (n) and adding Subsections (f-1) and (f-2) to read as |
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follows: |
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(f) The amounts set aside, collected, or received for the |
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Texas-bred program include: |
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(1) the amount of a multiple two wagering pool or a |
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multiple three wagering pool set aside under Subsection (d) of this |
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section; |
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(2) the amounts of the pari-mutuel pools set aside for |
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the Texas-bred program by an association as required under Section |
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6.091(a)(1) of this Act; |
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(3) the fees collected by the commission on the use of |
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an automatic banking machine under Section 11.04(e) of this Act; |
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(4) the money paid as administrative penalties under |
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Section 12.020, Agriculture Code, and transferred to the commission |
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under Subsection (r) of that section; |
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(5) any amount appropriated to the commission for the |
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Texas-bred program; and |
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(6) any gift, grant, or donation of money or property |
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from any person or source for the Texas-bred program. |
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(f-1) The money set aside, collected, or received for the |
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Texas-bred program, as provided by Subsection (f) of this section, |
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is in addition to any money received from the breakage. Of the |
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amounts provided by Subsection (f) of this section [amount set
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aside under Subsection (d) of this section], two percent shall be |
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set aside for deposit in the equine research account under |
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Subchapter F, Chapter 88, Education Code, and, of the remaining 98 |
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percent, 10 percent may be used by the appropriate breed registry |
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for administration and the remaining 90 percent shall be used for |
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awards. |
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(f-2) The commission may accept any gift, grant, or donation |
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of money or property from any person or source to use for any |
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purpose authorized by this Act. |
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(n) An accredited Texas-bred Thoroughbred or Arabian horse |
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described by Section 1.03(21)(C) of this Act is eligible for only |
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one-half of the incentives awarded under Subsections (f-1) [(f)] |
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and (j)(2) of this section. The remaining portion shall be retained |
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by the appropriate state horse breed registry for general |
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distribution at the same meeting in accordance with Subsections |
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(f-1) [(f)] and (j) of this section. |
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SECTION 3. Section 6.091(a), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(a) An association shall distribute from the total amount |
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deducted as provided by Sections 6.08(a) and 6.09(a) of this Act |
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from each simulcast pari-mutuel pool and each simulcast |
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cross-species pool the following shares: |
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(1) as the amount set aside for the Texas-bred program |
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to be used as provided by Section 6.08(f-1) of this Act: |
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(A) an amount equal to one percent of each |
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simulcast pool [as the amount set aside for the state]; |
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(B) [(2)] an amount equal to 1.25 percent of each |
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simulcast cross-species pool [as the amount set aside for the
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state]; and |
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(C) [(3)] if the association is a horse racing |
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association, an amount equal to one percent of a multiple two |
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wagering pool or multiple three wagering pool [as the amount set
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aside for the Texas-bred program to be used as provided by Section
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6.08(f) of this Act]; |
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(2) [(4)] if the association is a greyhound |
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association, an amount equal to one percent of a multiple two |
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wagering pool or a multiple three wagering pool as the amount set |
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aside for the Texas-bred program for greyhound races, to be |
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distributed and used in accordance with rules of the commission |
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adopted to promote greyhound breeding in this state; and |
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(3) [(5)] the remainder as the amount set aside for |
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purses, expenses, the sending association, and the receiving |
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location pursuant to a contract approved by the commission between |
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the sending association and the receiving location. |
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SECTION 4. Section 11.04(e), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(e) An association that allows a machine in an enclosure as |
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provided by Subsection (c) shall collect a fee of $1 for each |
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transaction under Subsection (c). The commission shall adopt rules |
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providing for collection, reporting, and auditing of the |
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transaction fee. The association shall forward the fee to the |
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commission. The commission shall distribute the fees collected |
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under this section in accordance with Section 6.08(f-1) of this Act |
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[deposit the fee to the credit of the general revenue fund]. |
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SECTION 5. Section 88.522(c), Education Code, is amended to |
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read as follows: |
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(c) The comptroller shall periodically transfer the amounts |
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specified by Sections 6.08(f-1) [6.08(f)] and (h), Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), to the account. |
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SECTION 6. Section 6.091(b), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is repealed. |
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SECTION 7. The change in law made by this Act to Section |
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12.020(r), Agriculture Code, applies to a penalty collected on or |
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after the effective date of this Act, regardless of when the |
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underlying conduct giving rise to the penalty occurred. |
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SECTION 8. (a) The changes in law made by this Act to |
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Sections 6.08 and 11.04(e), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), apply to the deduction from a |
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pari-mutuel pool for a race conducted by a racetrack association or |
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a fee collected for an automatic banking machine transaction on or |
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after the effective date of this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Racing Commission shall revise existing rules or |
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adopt new rules as necessary to comply with Sections 6.08, 6.091, |
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and 11.04, Texas Racing Act (Article 179e, Vernon's Texas Civil |
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Statutes), as amended by this Act. |
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SECTION 9. This Act takes effect September 1, 2017. |