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Can you summarize Tex. Occ. Chapter 2028?
TEXAS RACING ACT > PARI-MUTUEL POOLS, PURSES, AND FEES
Short Summary
The first legal document governs the set-asides for purses and purse accounts in horse racetrack associations. It requires horse racetrack associations to deduct a certain percentage from each pari-mutuel pool for distribution as provided by specific sections. The amounts set aside for purses must be transferred to purse accounts maintained by breed by the horsemen’s organization. The horsemen’s organization holds legal title to the purse accounts and may contract with a horse racetrack association to manage them. Disbursements from the purse accounts can be made to owners whose horses won a purse, to cover the organization’s expenses, or for other disbursements as provided by contract. Additionally, a portion of the revenue set aside may be paid to an organization recognized under Section 2023.051, subject to a contract approved by the commission. The second legal document governs the set-aside and allocation of funds for the Texas-bred program in horse racing. Horse racetrack associations are required to set aside and pay to the Texas Racing Commission a specific percentage of live multiple two and live multiple three wagering pools. The allocated amounts are used for purposes outlined in the Education Code and for administration and awards. The money paid to the commission is deposited into the Texas-bred incentive fund and distributed to the appropriate state horse breed registries for the Texas-bred program. The document also mentions that the set-aside amount is in addition to any money received from the breakage. The Texas Racing Commission is responsible for adopting rules regarding the deposit, accounting, auditing, and distribution of the set-aside amounts. The third legal document governs the allocation of breakage from pari-mutuel pools and other amounts related to horse racing. It specifies the allocation of breakage from a pari-mutuel pool, with two percent allocated for specific purposes in the Education Code. The remaining 98 percent, referred to as ’total breakage’, is allocated as provided by subsequent subsections. The horse racetrack association is required to pay 10 percent of the total breakage to the commission for use by the appropriate state horse breed registries. Another 10 percent of the total breakage is retained by the horse racetrack association for use in stakes races restricted to accredited Texas-bred horses. The remaining 80 percent of the total breakage is paid to the commission for deposit into the Texas-bred incentive fund and distributed to the appropriate state horse breed registry, with specific percentages allocated to owners, breeders, and stallion owners of accredited Texas-bred horses. The document also provides definitions for ‘breeder’ and ‘stallion owner’. The fourth legal document states that a horse racetrack association may not deduct or withhold any percentage of a purse from the account into which the purse paid to a horse owner is deposited for membership payments, dues, assessments, or any other payments to an organization, except an organization chosen by the horse owner. The fifth legal document specifies that an accredited Texas-bred Thoroughbred or Arabian horse is eligible for one-half of the incentives awarded under specific sections. The appropriate state horse breed registry retains the remaining portion for general distribution at the same meeting in accordance with the mentioned sections. The sixth legal document governs the distribution of simulcast pari-mutuel pools in the context of the Texas Racing Act. It applies to racetrack associations. The document outlines the specific shares that racetrack associations must distribute from each simulcast pari-mutuel pool and simulcast cross-species pari-mutuel pool. These shares include amounts for the administration of the subtitle by the commission, amounts set aside for the Texas-bred program for horse and greyhound racetrack associations, and the remainder for purses, expenses, the sending track, and the receiving location under an approved contract. The document also specifies the distribution amounts for greyhound and horse racetrack associations that receive interstate cross-species simulcast signals. Additionally, it mentions the establishment of the Texas-bred incentive fund and the distribution of funds to state breed registries for use under the Texas-bred program. No exemptions or penalties are mentioned in this document. The seventh legal document pertains to the collection of fees related to racetracks by commissioners courts and governing bodies of municipalities in Texas. According to the document, a commissioners court may collect an admission fee not exceeding 15 cents for racetracks located in the county. Similarly, if the racetrack is located in a municipality, the governing body of the municipality may collect a fee not exceeding 15 cents. If the racetrack is not located in a municipality, the commissioners court may collect an additional fee not exceeding 15 cents for allocation among the municipalities in the county. The allocation of fees must be based on the population of the municipalities. Additionally, if the racetrack is a class 1 racetrack and adjacent to a county with a population of not less than 1.3 million, the commissioners court of each such county may collect fees equal to the authorized fees. The commissioners court has the authority to establish procedures for the collection of fees and may require racetrack associations to keep records and file necessary reports. The document also states that counties and municipalities are prohibited from assessing or collecting any other license fee, privilege tax, excise tax, or racing fee on admissions to or wagers placed at a racetrack. No specific exemptions or penalties are mentioned in the provided legal document content. The eighth legal document pertains to the Texas-bred incentive fund under the Texas Racing Act. According to the document, the commission is required to deposit money allocated for the Texas-bred program or state breed registries into an escrow account known as the Texas-bred incentive fund. The commission is then responsible for distributing the money from this fund in accordance with the provisions outlined in this chapter and commission rules. The document was added by Acts 2019, 86th Leg., R.S., Ch. 1366 (H.B. 3366), Sec. 7, and became effective on September 1, 2019. The document does not specify any exemptions or penalties related to the Texas-bred incentive fund.
Whom does it apply to?
Horse or greyhound racetrack associations, horsemen's organization, Texas Racing Commission, owners, breeders, stallion owners, commissioners courts, governing bodies of municipalities
What does it govern?
Set-asides for purses and purse accounts in horse racetrack associations, set-aside and allocation of funds for the Texas-bred program in horse racing, allocation of breakage from pari-mutuel pools and other amounts related to horse racing, distribution of simulcast pari-mutuel pools in the context of the Texas Racing Act, collection of fees related to racetracks by commissioners courts and governing bodies of municipalities in Texas, Texas-bred incentive fund under the Texas Racing Act
What are exemptions?
No exemptions are mentioned in these documents.
What are the Penalties?
No specific penalties are mentioned in these documents.
Jurisdiction
Texas