Texas Racing Act
Article 1. General Provisions
Sec. 1.01. Short Title.
This Act may be cited as the Texas Racing Act.
Sec. 1.02. Purpose.
The purpose of this Act is to provide for the strict regulation of horse racing and greyhound racing and the control of pari-mutuel wagering in connection with that racing.
Sec. 1.03. Definitions.
In this Act:
- (1) "Person" includes any individual or entity capable of holding a legal or beneficial interest in property.
- (2) "Association" means a person licensed under this Act to conduct a horse race meeting or a greyhound race meeting with pari-mutuel wagering.
- (3) "Commission" means the Texas Racing Commission.
- (4) "Comptroller" means the comptroller of public accounts.
- (5) "Executive secretary" means the executive secretary of the Texas Racing Commission.
- (6) "Horse race meeting" means the conducting of horse races on a day or during a period of consecutive or nonconsecutive days.
- (7) "Thoroughbred horse" means a horse that is registered by the Jockey Club.
- (8) "Thoroughbred racing" means the form of horse racing in which Thoroughbred horses mounted by jockeys engage in a race.
- (9) "Quarter horse" means a horse that is registered by the American Quarter Horse Association.
- (10) "Quarter horse racing" means the form of horse racing in which quarter horses mounted by jockeys engage in a race.
- (11) "Appaloosa horse" means a horse that is registered by the Appaloosa Horse Club.
- (12) "Appaloosa racing" means the form of horse racing in which Appaloosa horses mounted by jockeys engage in a race.
- (13) "Arabian horse" means a horse that is registered by the Arabian Horse Registry of America or by the Canadian Arabian Horse Registry.
- (14) "Arabian racing" means the form of horse racing in which Arabian horses sanctioned for racing by the Texas Arabian Breeders Association, while mounted by jockeys, engage in a race.
- (15) "Paint horse" means a horse that is registered by The American Paint Horse Association.
- (16) "Paint horse racing" means the form of horse racing in which paint horses mounted by jockeys engage in a race.
- (17) "Enclosure" means all areas of a racing association's grounds, including the parking area, to which admission ordinarily can be obtained only on payment of an admission fee or presentation of official credentials.
- (18) "Pari-mutuel wagering" means the form of wagering on the outcome of greyhound or horse racing in which those who wager purchase tickets of various denominations on an animal
- or animals and all wagers for each race are pooled and held by the racing association for distribution of the total amount, less the deductions authorized by this Act, to holders of tickets on the winning animals.
- (19) "Pari-mutuel pool" means the total amount of money wagered by patrons on the result of a particular race or combination of races, the total being divided into separate mutuel pools for win, place, show, or combinations.
- (20) "Breakage" means the odd cents by which the amount payable on each dollar wagered exceeds a multiple of 10 cents, except in the event a minus pool occurs, in which case the breakage shall be in multiples of five cents.
- (21) "Texas-bred horse" means a horse qualified under the rules of the commission that is:
- (A) sired by a stallion standing in Texas at the time of conception and foaled by a mare in Texas;
- (B) foaled by a mare bred outside Texas and brought into Texas to foal at any time in the mare's lifetime if the mare is bred back to a stallion standing in Texas; or
- (C) a Thoroughbred or Arabian horse foaled in Texas by an accredited Texas-Bred mare if the mare was bred outside Texas and returned to Texas on or before August 15 of the calendar year of conception.
- (22) "Accredited Texas-bred horse" means a Texas-bred horse that meets the accreditation requirements of the state breed registry of that breed of horse.
- (23) "Mixed racing" means a race in which different breeds of horses participate.
- (24) "State horse breed registry" means a designated association administering accredited Texas-bred requirements for its specific breed of horses.
- (25) "Racetrack" means a facility that is licensed under this Act for the conduct of pari-mutuel wagering on greyhound racing or horse racing.
- (26) "Horse racing day" means the 24-hour period ending at 12 midnight.
- (27) "Clerk of scales" means a racetrack official who is responsible for weighing a jockey before and after a race.
- (28) "Jockey" or "apprentice jockey" means a professional rider licensed by the commission to ride horse races.
- (29) Repealed by Acts 1991, 72nd Leg., ch.386, § 74(a), eff. Aug. 26, 1991.
- (30) "Official starter" means a racetrack official who is in charge of the start of a race.
- (31) "Paddock judge" means a racetrack official who supervises animals entered in a race while the animals are assembled before the beginning of a race in an enclosure on the grounds of a racetrack.
- (32) "Patrol judge" means a racetrack official who is stationed at a set point along the racetrack to monitor the running of a race.
- (33) "Placing official" means a racetrack official who records the order of the finish of a race.
- (34) "Stable foreman" means the person in charge of the building in which horses are lodged and fed.
- (35) "Steward" means a racing official with general authority and supervision over:
- (A) the conduct of a licensed race meeting; and
- (B) all licensees at a racetrack during a race meeting.
- (36) "Trainer" means a person who is licensed by the commission to train racehorses or greyhounds.
- (37) "Handicapper" means a person who predicts the winner of a horse race.
- (38) "Authorized agent" means a person appointed by an owner of a horse to represent the owner. The term is limited to a person who is appointed by a written instrument that is acknowledged and approved by the commission.
- (39) "Horseshoe inspector" means a racetrack official who inspects the shoes of the horses entered in a race.
- (40) "Jockey room custodian" means a person who maintains the premises of a room in which jockeys prepare for a race.
- (41) "Timer" means a racetrack official who times the running of a race.
- (42) "Veterinarian" means a person licensed under The Veterinary Licensing Act (Article 7465a, Vernon's Texas Civil Statutes).
- (43) "Concessionaire" means a person licensed by the commission to sell refreshments or souvenirs at a racetrack.
- (44) "Combination" means a combination of races.
- (45) "Regular wagering" means wagering on a single horse or greyhound in a single race. The term includes wagering on the win pool, the place pool, or the show pool.
- (46) "Multiple wagering" means wagering on two or more animals in one race or on one or more animals in more than one race. "Multiple two wagering" means wagering on two animals in one or more races. "Multiple three wagering" means wagering on three or more animals in one or more races.
- (47) "Greyhound" means a purebred greyhound dog registered by the National Greyhound Association.
- (48) "Greyhound racing" means any race in which two or more greyhounds engage in a contest of speed or endurance or pursue a mechanical lure.
- (49) "Enclosure - public" means the areas of the grounds of an association to which a member of the public is admitted by payment of an admission fee or on presentation of authorized credentials, but excludes restricted areas such as the racetrack, the receiving area, and the area in which the animals are housed.
- (50) "Greyhound racing days" means days on which a permitted association conducts greyhound racing. "One racing day" means a period commencing at noon and ending at 2 a.m. the next calendar day, except in the case of days on which there are matinee races.
- (51) "Greyhound matinee race" means any performance starting between 10 a.m. and 5 p.m. on any day other than Sunday.
- (52) "Performance" means the consecutive running of a specified number of greyhound races as determined by the commission.
(53) "Judge" means a racing official with general authority and supervision over:
(A) the conduct of a licensed race meeting; and
(B) all licensees at a racetrack during a race meeting.
- (54) "Nonprofit corporation" means a corporation organized under Subdivision 7, Article 1302, Revised Statutes, or organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) that:
- (A) does not distribute any of its income to its members, officers, or governing body, other than as reasonable compensation for services;
- (B) has a governing body or officers elected by a vote of members or by a vote of delegates elected by the members; and
- (C) has obtained an exemption under Section 501 of the Internal Revenue Code (26 U.S.C. Section 501).
- (55) "Mixed meet" means a live horse race meeting that includes races by more than one breed of horse.
- (56) "Texas-owned horse" means a horse owned by a bona fide resident of this state as determined by the rules of the commission.
- (57) "National historic district" means a district included in or eligible for inclusion in the National Register of Historic Places created under the National Historic Preservation Act, 16 U.S.C. Section 470 et seq.
- (58) "Corporation" means an incorporated entity, either for profit or not for profit.
- (59) "Applicant" means a person with a legal, equitable, or beneficial interest in a license application.
- (60) "Maiden" means a horse that has never won a race at a race meeting authorized by the commission or by another racing jurisdiction.
- (61) "Simulcast" means the telecast or other transmission of live audio and visual signals of a race, transmitted from a sending track to a receiving location, for the purpose of wagering conducted on the race at the receiving location.
- (62) "Live pari-mutuel pool" means the total amount of money wagered by patrons on the result of a particular live race or combination of live races within the enclosure of the racetrack association where the race is being run.
- (63) "Simulcast pari-mutuel pool" means the total amount of money wagered by patrons at a licensed racetrack association in Texas on the result of a particular simulcast race or combination of simulcast races.
- (64) "Receiving location" means a licensed racetrack association in this state that has been allocated live and simulcast race dates or a facility not located in this state that is authorized to conduct wagering under the law of the jurisdiction in which it is located.
- (65) "Credential" means any license, certificate, identification card, or other document indicating or representing authority or permission under this Act.
- (66) "Sending track" means any licensed track for racing in this state or out-of-state from which a race is transmitted.
- (67) "Racetrack facility" means a facility operated by an association within its enclosure for the purpose of presenting races for pari-mutuel wagering.
- (68) "Child" means a person younger than 16 years of age.
- (69) "Minor" means a person younger than 21 years of age.
- (70) "Contraband" means:
- (A) any item or thing the possession of which is unlawful under this Act, a commission rule, or other law;
- (B) any item or thing that might reasonably have the effect of unnaturally depressing, stimulating, or exciting an animal during a race in a manner contrary to this Act or commission rule, including a prohibited device or substance; or
- (C) a document, including a credential or forged ticket, possessed by an individual or used by an individual in violation of this Act or a commission rule.
- (71) "Prohibited device" means:
- (A) a spur or an electrical or other device prohibited by a commission rule regulating the unlawful influence of a race; or
- (B) a device specifically designed, made, or adapted to influence or affect the outcome of a race in a manner contrary to this Act or a commission rule.
- (72) "Prohibited substance" means a drug, chemical, or other substance that:
- (A) in its use or intended use, is reasonably capable of influencing or affecting the outcome of a race in a manner contrary to this Act or a commission rule; and
- (B) is prohibited by a commission rule regulating the unlawful influence of a race.
- (73) "Unlawful touting" means an offense described by Section 14.01 of this Act or a similar offense under the laws of another state.
- (74) "Race" includes a live audio and visual signal of a race.
- (75) "Outstanding ticket" means a pari-mutuel ticket not presented for payment before the end of the greyhound racing or horse racing day for which the ticket was purchased.
- (76) "Pari-mutuel voucher" means a bearer instrument issued by a pari-mutuel wagering machine that represents money owned by a wagering patron and held by an association, including winnings from a pari-mutuel wager.
- (77) "Horsemen's organization" means an organization recognized by the commission that represents horse owners and trainers in negotiating and contracting with associations on subjects relating to racing and in representing and advocating the interests of horse owners and trainers before administrative, legislative, and judicial forums.
- (78) "Cross-species simulcast signal" means a simulcast signal of a horse race at a greyhound racetrack facility or a simulcast signal of a greyhound race at a horse racetrack facility.
- (79) "Executive director" means the executive secretary of the Texas Racing Commission.
- (80) "Active license" means a racetrack license designated by the commission as active.
- (81) "Inactive license" means a racetrack license designated by the commission as inactive.