Texas Racing Commission
TxRC Header
top navigation
page-border-left Side Navigation
Texas Racing Commission

Laws


Texas Racing Act

Article 14. Touting and Other Offenses

Sec. 14.01. Touting.
  (a) A person commits an offense if, with an intent to deceive and an intent to obtain a benefit, the person knowingly makes a false statement or offers, agrees to convey, or conveys false information about a greyhound race or horse race to another.
  (b) Except as provided by Subsection (c) of this section, an offense under this section is a Class A misdemeanor.
  (c) An offense under this section is a state jail felony if:
(1) the actor is a licensee under this Act or an employee or member of the commission and the actor knowingly represents that a member or employee of the commission or a person licensed by the commission is the source of the false information; or
(2) the false statement or information was contained in racing selection information provided to the public.

Sec. 14.02. Unlawful Possession or Use of Credential.
  (a) A person commits an offense if the person knowingly or intentionally possesses or displays a credential or false credential that identifies the person as the holder of the credential and the person knows
(1) that the credential is not issued to the person; or
(2) the person is not a licensee.
  (b) An offense under this section is a Class C misdemeanor.

Sec. 14.03.
Repealed by Acts 1997, 75th Legislature, Chapter 1275, §43, eff. September 1, 1997.

Sec. 14.04. Illegal Access.
  (a) A person commits an offense if the person is a licensee and the person knowingly or intentionally permits, facilitates, or allows access to an enclosure where races are conducted, to another person who the person knows:
(1) has engaged in bookmaking, touting, or illegal wagering;
(2) derives income from illegal activities or enterprises;
(3) has been convicted of a violation of this Act; or
(4) is excluded by the commission from entering a racetrack facility.
  (b) An offense under this section is a Class B misdemeanor.

Sec. 14.05. Races Conducted on Certain Indian Lands.
  (a) A person who is subject to this section commits an offense if the person intentionally or knowingly wagers on the result of a greyhound race or horse race conducted in this state that:
(1) is held on an American Indian reservation or on American Indian trust land located in this state; and
(2) is not held under the supervision of the commission under rules adopted under this Act.
  (b) An offense under this section is a felony of the third degree.
  (c) It is an exception to the application of this section that the person is a member of a recognized Texas Indian tribe who lives on a reservation or on trust lands located in this state.

Sec. 14.06. False Statements.
  (a) A person commits an offense if the person knowingly makes a material and false, incorrect, or deceptive statement to another who is conducting an investigation or exercising discretion under this Act or a rule adopted under this Act.
  (b) In this section, the term "statement" means a representation of fact and includes:
(1) a written or oral statement; or
(2) a sworn or unsworn statement.
  (c) An offense under this section is a state jail felony unless the statement was material in a commission action relating to a racetrack license, in which event the offense is a felony of the third degree.

Sec. 14.07. Hindering of Entry or Search.
  (a) A person commits an offense if the person with criminal negligence refuses, denies, or hinders entry to another who is exercising or attempting to exercise a power of entry under this Act or a commission rule.
  (b) A person commits an offense if the person with criminal negligence refuses, denies, hinders, interrupts, disrupts, impedes, or otherwise interferes with a search by a person exercising or attempting to exercise a power to search under this Act or a commission rule.
  (c) An offense under this section is a Class B misdemeanor.

Sec. 14.08. Forging Pari-Mutuel Ticket.
  (a) A person commits an offense if the person intentionally or knowingly forges a parimutuel ticket with the intent to defraud or harm another.
  (b) In this section, "forge" has the meaning assigned by Section 32.21, Penal Code.
  (c) An offense under this section is a felony of the third degree.

Sec. 14.09. Impersonating a Licensee.
  (a) A person commits an offense if the person impersonates a licensee with the intent to induce another person to submit to the actor's purported authority as a licensee or to rely on the actor's actions as an alleged licensee.
  (b) An offense under this section is a Class A misdemeanor.

Sec. 14.10. Unlawful Influence on Racing.
  (a) A person commits an offense if the person possesses a prohibited device or prohibited substance on a racetrack facility, in an enclosure, or at a training facility.
  (b) An offense under Subsection (a) of this section is a Class A misdemeanor, unless the actor possessed the device or substance with the intent to influence or affect the outcome of a horse or greyhound race in a manner contrary to this Act or a commission rule, in which event it is a state jail felony.
  (c) A person commits an offense if, with the intent to influence or affect a horse or greyhound race in a manner contrary to this Act or a commission rule, the person:
(1) uses or offers to use a prohibited device; or
(2) uses or offers to use a prohibited substance.
  (d) An offense under Subsection (c) of this section is a felony of the third degree.

Sec. 14.11. Bribery and Corrupt Influence.
  (a) A person commits an offense if, with the intent to influence or affect the outcome of a race in a manner contrary to this Act or a commission rule, the person offers, confers, agrees to confer on another, or solicits, accepts, or agrees to accept from another person any benefit as consideration for the actions of a person who receives the benefit relating to the conduct, decision, opinion, recommendation, vote, or exercise of discretion as a licensee or other person associated with or interested in any stable, kennel, horse, greyhound, or horse or greyhound race.
  (b) An offense under this section is a state jail felony, unless the recipient of the benefit is a steward, judge, or other racetrack official exercising authority over a horse or greyhound race that the person providing or offering the benefit intended to influence, in which event it is a felony of the third degree.

Sec. 14.12. Criminal Conflict of Interest.
A person who is a member of the commission commits an offense if the person:
(1) accepts, directly or indirectly, employment or remuneration from a racetrack facility, association, or other licensee, including a facility, association, or licensee located or residing in another state;
(2) wagers or causes a wager to be placed on the outcome of a horse or greyhound race conducted in this state; or
(3) accepts or is entitled to any part of a purse to be paid to an animal in a race conducted in this state.

Sec. 14.13. Offenses Involving a Minor.
  (a) A person commits an offense if the person with criminal negligence permits, facilitates, or allows:
(1) wagering by a minor at a racetrack facility; or
(2) entry by a child to the viewing section of a racetrack facility.
  (b) An offense under Subsection (a) of this section is a Class B misdemeanor.
  (c) A person commits an offense if the person is a minor and intentionally or knowingly engages in wagering at a racetrack.
  (d) An offense under Subsection (c) of this section is a Class C misdemeanor.
  (e) It is an affirmative defense to prosecution of an offense under Subsection (a)(2) that a child was accompanied by and was in the physical presence of a parent, guardian, or spouse who was 21 years of age or older.
  (f) It is an affirmative defense to prosecution of an offense under Subsection (a) of this section that the minor falsely represented the minor's age by displaying to the person an apparently valid Texas driver's license or identification card issued by the Department of Public Safety that contains a physical description consistent with the minor's appearance.

Sec. 14.14. Unlawful Racing.
A person commits an offense if:
(1) the person participates, permits, or conducts a greyhound or horse race at a licensed racetrack facility;
(2) the person wagers on the partial or final outcome of the greyhound or horse race or knows or reasonably should know that another is betting on the partial or final outcome of the race; and
(3) the race is not part of a performance or meeting conducted under this Act or commission rule.

Sec. 14.15. Pari-Mutuel Racing Without License.
  (a) A person commits an offense if, without a license, the person participates or is otherwise involved in, in any capacity, greyhound racing or horse racing with pari-mutuel wagering.
  (b) It is an affirmative defense to prosecution under Subsection (a) of this section that the actor was a spectator or a person placing a wager.
  (c) An offense under Subsection (a) of this section is a Class A misdemeanor, unless the actor was required by this Act to obtain a racetrack license, in which event it is a state jail felony.

Sec. 14.16. Racing Without License.
  (a) A person commits an offense if the person:
(1) conducts a greyhound or horse race without a racetrack license; and
(2) knows or reasonably should know that another person is betting on the final or partial outcome of the race.
  (b) An offense under this section is a felony of the third degree.

Sec. 14.17. Failure to Display Credential.
  (a) A person commits an offense if the person intentionally or knowingly:
(1) fails or refuses to display a credential to another after a lawful request; or
(2) fails or refuses to give the person's name, residence address, or date of birth to another after a lawful request.
  (b) In this section, "lawful request" means a request from the commission, an authorized agent of the commission, the director or a commissioned officer of the Department of Public Safety, a peace officer, or a steward or judge at any time and any restricted location that:
(1) is on a racetrack facility; and
(2) is not a public place.
  (c) Except as provided by Subsection (d) of this section, an offense under this section is a Class B misdemeanor.
  (d) At the punishment stage of a trial for an offense under Subsection (a)(1) of this section, the defendant may raise an issue as to whether the defendant was a licensee at the time of the offense. If the defendant proves the issue, the offense is a Class C misdemeanor.

Sec. 14.18. Search and Seizure.
  (a) A person consents to a search at a time and location described in Subsection (b) of this section for a prohibited device, prohibited substance, or other contraband if the person:
(1) accepts a license or other credential issued under this Act; or
(2) enters a racetrack facility under the authority of a license or other credential alleged to have been issued under this Act.
  (b) A search may be conducted by a commissioned officer of the Department of Public Safety or a peace officer, including a peace officer employed by the commission, at any time and at any location that is on a racetrack facility, except a location:
(1) excluded by commission rule from searches under this section; or
(2) provided by an association under commission rule for private storage of personal items belonging to a licensee entering a racetrack facility.
  (c) A person conducting a search under Subsection (b) of this section may seize any prohibited device, prohibited substance, or other contraband discovered during the search.

Sec. 14.19. Prosecution.
A person who is subject to prosecution for a penal offense under this Act and another law may be prosecuted under either law.

Sec. 14.20. Commission Authority.
This article may not be construed to restrict the commission's administrative authority to enforce this Act or commission rules to the fullest extent authorized by this Act.

Sec. 14.21. Venue for Criminal Prosecution.
The venue for the prosecution of a criminal offense under this Act is in Travis County or in a county where an element of the offense occurred.

Racing Act Table of Contents Previous Article Next Article

Page updated: 8/25/08

page-border-right
footer