Texas Racing Act
Article 13. Exclusion or Ejection from Racetrack
Sec. 13.01. Regulation by Commission.
The commission shall adopt rules providing for the exclusion or ejection from an enclosure where greyhound races or horse races are conducted, or from specified portions of an enclosure, of a person:
- (1) who has engaged in bookmaking, touting, or illegal wagering;
- (2) whose income is from illegal activities or enterprises;
- (3) who has been convicted of a violation of this Act;
- (4) who has been convicted of theft;
- (5) who has been convicted under the penal law of another jurisdiction for committing an act that would have constituted a violation of any of the rules mentioned in this section;
- (6) who has committed a corrupt or fraudulent act in connection with greyhound racing or horse racing or pari-mutuel wagering or who has committed any act tending or intended to corrupt greyhound racing or horse racing or pari-mutuel wagering in this state or elsewhere
- (7) who is under suspension or ruled off a racetrack by the commission or a steward in this state or by a corresponding authority in another state because of fraudulent or corrupt practices or other acts detrimental to racing;
- (8) who has submitted a forged pari-mutuel ticket or has altered or forged a pari-mutuel ticket for cashing or who has cashed or caused to be cashed an altered, raised, or forged pari-mutuel ticket;
- (9) who has been convicted of committing a lewd or lascivious act or other crime involving moral turpitude;
- (10) who is guilty of boisterous or disorderly conduct while inside a racing enclosure;
- (11) who is an agent or habitual associate of a person excludable under this section; or
- (12) who has been convicted of a felony.
Sec. 13.02. Hearing; Appeal; Exclusion or Expulsion from an Enclosure.
- (a) A person who is excluded or ejected from an enclosure under a rule of the commission may apply to the commission for a hearing on the question of the applicability of the rule to that person.
- (b) Such an application constitutes a contested case under the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). If, after a hearing as provided under Section 13 of that Act, the commission determines that the exclusion or ejection was proper, it shall make and enter an order to that effect in its minutes, and the person shall continue to be excluded from each association.
- (c) The person excluded or ejected may appeal an adverse decision of the commission by filing a petition for judicial review in the manner provided by Section 19 of the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). Judicial review under this subsection is subject to the substantial evidence rule. Venue for the review is in a district court in Travis County.
- (d) The judgment of the court may be appealed as in other civil cases. The person appealing the commission's ruling under this article shall continue to be excluded from all enclosures in this state during the pendency of the appeal.
Sec. 13.03. Criminal Trespass.
A person, for the purposes of Section 30.05, Penal Code, is presumed to have received notice that entry to an enclosure was forbidden if the person:
- (1) was excluded or ejected from the enclosure under this Act;
- (2) possessed, displayed, or used in the enclosure a credential that the person was not authorized to use; or
- (3) entered the enclosure using a falsified credential.
Sec. 13.04. Exclusion by Association.
Nothing in this article shall prohibit an association from evicting or excluding a person from its enclosure for any lawful reason.