Texas Racing Act
Article 5. General License Provisions
Sec. 5.01. Form; Certificate; Fees.
- (a) The commission shall prescribe forms for applications for licenses and shall provide each licensee with a license certificate or credentials.
- (b) The commission shall annually prescribe reasonable license fees for each category of license issued under this Act.
- (c) The operation of a racetrack and the participation in racing are privileges, not rights, granted only by the commission by license and subject to reasonable and necessary conditions set by the commission.
(d) The commission by rule shall set fees in amounts reasonable and necessary to cover the commission's costs of regulating, overseeing, and licensing live and simulcast racing at racetracks.
Sec. 5.02. Judicial Review.
- (a) Judicial review of an order of the commission is under the substantial evidence rule.
- (b) Venue for judicial review of an order of the commission is in a district court in Travis County.
Sec. 5.03. Fingerprints.
- (a) An applicant for any license or license renewal under this Act must submit to the commission a complete set of fingerprints of the individual natural person applying for the license or license renewal or, if the applicant is not an individual natural person, a complete set of fingerprints of each officer or director and of each person owning an interest of at least five percent in the applicant. The Department of Public Safety may request any person owning any interest in an applicant to submit a complete set of fingerprints.
- (b) If a complete set of fingerprints is required by the commission, the commission shall, not later than the 10th business day after the date the commission receives the prints, forward the prints to the Department of Public Safety or the Federal Bureau of Investigation.. If the prints are forwarded to the Department of Public Safety, the department shall classify the prints and check them against its fingerprint files and shall report to the commission its findings concerning the criminal record of the applicant or the lack of such a record. A racetrack license may not be issued until the report is made to the commission. A temporary occupational license may be issued before a report is made to the commission.
- (c) A peace officer of this or any other state, or any district office of the commission, shall take the fingerprints of an applicant for a license or license renewal on forms approved and furnished by the Department of Public Safety and shall immediately deliver them to the commission.
Sec. 5.04. Access to Criminal History Records.
- (a) The commission is authorized to obtain any criminal history record information that relates to each applicant for employment by the commission and to each applicant for a license issued by the commission and that is maintained by the Department of Public Safety or the Federal Bureau of Investigation Identification Division. The commission may refuse to recommend an applicant who fails to provide a complete set of fingerprints.
- (b)-(c) Repealed by Acts 1993, 73rd Leg., Ch. 790, §46(8), eff. September 1, 1993. See now Government Code, §411.096.
Sec. 5.05. Cost of Criminal History Check.
- (a) The commission shall, in determining the amount of a license fee, set the fee in an amount that will cover, at least, the cost of conducting a criminal history check on the applicant for a license.
- (b)The commission shall reimburse the Department of Public Safety for the cost of conducting a criminal history check under this article.