88R13342 PRL-F
 
  By: Kuempel H.B. No. 4100
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of wagering through telephone, the
  Internet, or other approved electronic means on horse races and
  greyhound races under the pari-mutuel system of wagering; requiring
  a license to operate account wagering; requiring a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2021.003, Occupations Code, is amended
  by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b)
  to read as follows:
               (1)  "Account wagering" means a form of pari-mutuel
  wagering that allows an individual to deposit money in an account
  with a racetrack association or an account wagering operator for
  the individual's use in pari-mutuel wagering offered by the
  racetrack association on live or simulcast horse races or greyhound
  races.
               (1-a)  "Account wagering operator" means an entity
  licensed by the commission to provide an account for account
  wagering by persons in this state.
               (1-b)  "Accredited Texas-bred horse" means a
  Texas-bred horse that meets the accreditation requirements of the
  state horse breed registry for that breed of horse.
         SECTION 2.  Subchapter F, Chapter 2025, Occupations Code, is
  amended by adding Section 2025.2511 to read as follows:
         Sec. 2025.2511.  ACCOUNT WAGERING LICENSE. (a) A person may
  not offer account wagering, operate as an account wagering
  operator, or act as an employee of a person offering account
  wagering or operating as an account wagering operator unless the
  person or employee, as applicable, holds a license issued by the
  commission under this section.
         (b)  The commission shall adopt rules and procedures for
  applying for or issuing, denying, or revoking a license under this
  section in a manner consistent with other licensing provisions of
  this chapter.
         SECTION 3.  Section 2027.001(b), Occupations Code, is
  amended to read as follows:
         (b)  Rules adopted under this subtitle must include rules to:
               (1)  regulate wagering by a person licensed under this
  subtitle;
               (2)  prohibit wagering by a commission employee;
               (3)  authorize account wagering by [prohibit] a
  racetrack association or an account wagering operator under
  conditions the commission determines appropriate to protect the
  public health and safety [from accepting a wager made by
  telephone]; and
               (4)  prohibit a racetrack association from accepting a
  wager made on credit.
         SECTION 4.  Section 2027.002, Occupations Code, is amended
  by amending Subsections (a) and (b) and adding Subsections (b-1)
  and (c-1) to read as follows:
         (a)  Wagering may be conducted only by:
               (1)  a racetrack association within the racetrack
  association's enclosure; or
               (2)  an account wagering operator.
         (b)  Except as provided by Subsection (b-1), a [A] person may
  not accept, in person, by telephone, or over the Internet, a wager
  for a horse or greyhound race conducted inside or outside this state
  from a person in this state unless the wager is authorized under
  this subtitle.
         (b-1)  A racetrack association or an account wagering
  operator may accept account wagering in person or by direct
  telephone call or through other electronic means by the account
  holder. An account wagering operator that is not a racetrack
  association and that conducts, or any of the operator's affiliates
  conducts, live racing shall contract with a racetrack association
  for interstate simulcast wagering. An account wagering operator
  may contract with a racetrack association to offer wagering on live
  races on the account wagering operator's system only as authorized
  under this subtitle.
         (c-1)  For purposes of this subtitle, account wagering by a
  person in this state through a racetrack association or an account
  wagering operator is considered wagering by a person in the
  enclosure of the racetrack association or of the racetrack
  association that has contracted with the account wagering operator.
         SECTION 5.  Chapter 2028, Occupations Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. GENERAL DEDUCTIONS FROM ACCOUNT WAGERING
         Sec. 2028.071.  DEDUCTIONS FROM ACCOUNT WAGERING. (a) The
  commission shall adopt rules setting the amount, less refunds, that
  may be deducted from the gross pari-mutuel handle of the racetrack
  association or account wagering operator conducting account
  wagering, provided that amount is not less than six percent of the
  handle.
         (b)  The amount of all fees paid to the commission from
  account wagering may not exceed one percent of the total gross
  account wagering receipts, as determined by the computational
  equipment approved by the commission for calculating wagering as
  required under Section 2027.003, from wagers placed by persons in
  this state with each racetrack association or account wagering
  operator offering account wagering.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the Texas Racing Commission shall adopt the rules
  necessary to implement the change in law made by this Act.
         SECTION 7.  This Act takes effect September 1, 2023.