OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE A-1.  TEXAS RACING ACT

CHAPTER 2034.  UNLAWFUL INFLUENCE ON RACING

Sec. 2034.001.  RULES RELATING TO UNLAWFUL INFLUENCES ON RACING AND REQUIRED TESTING.  (a)  The commission shall adopt rules prohibiting a person from unlawfully influencing or affecting the outcome of a race, including rules relating to the use of a prohibited device or prohibited substance at a racetrack or at a training facility.
(b)  The commission shall require testing to determine whether a prohibited substance has been used.
(c)  The commission's rules must require state-of-the-art testing methods.  The testing may:
(1)  be prerace or postrace as determined by the commission; and
(2)  be by an invasive or noninvasive method.
(d)  The commission shall adopt rules relating to the drug testing of license holders.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.002.  MEDICATION AND DRUG TESTING PROCEDURES.  (a)  Medication or drug testing performed on a race animal under this subtitle must be conducted by:
(1)  the Texas A&M Veterinary Medical Diagnostic Laboratory; or
(2)  a laboratory operated by or in conjunction with or by a private or public agency selected by the commission after consultation with the Texas A&M Veterinary Medical Diagnostic Laboratory.
(b)  Medication or drug testing performed on a human under this subtitle must be conducted by a laboratory approved by the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.003.  CHARGES FOR MEDICATION OR DRUG TESTING.  (a)  The commission by rule shall:
(1)  prescribe procedures for approving and paying medical and drug testing laboratory charges under this section; and
(2)  allocate responsibility for the costs of human drug testing of a license holder.
(b)  The racetrack association that receives medication or drug testing services conducted under this subtitle shall pay the reasonable charges associated with those services.
(c)  Charges for services performed under this section must be forwarded to the commission for approval of the reasonableness of the charges.  Charges may include expenses incurred for travel, lodging, testing, and processing of test results.
(d)  The commission shall determine whether the laboratory charges are reasonable in relation to industry standards by periodically surveying the drug testing charges of comparable laboratories in the United States.
(e)  The racetrack association that receives the services is responsible for the cost of approved charges for animal drug testing services under this section.  The commission shall forward a copy of the charges to the racetrack association for immediate payment.
(f)  To pay the charges associated with the medication or drug testing, a racetrack association may use the money held by the racetrack association to pay outstanding tickets and pari-mutuel vouchers.  The racetrack association shall pay any additional amount needed for the charges.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.004.  RESPONSIBILITY OF LICENSED TRAINER CONCERNING PROHIBITED SUBSTANCE.  The licensed trainer of an animal is:
(1)  considered by law to be the absolute ensurer that no prohibited substance has been administered to the animal; and
(2)  responsible for ensuring that no prohibited substance is administered to the animal.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.005.  PROHIBITED SUBSTANCE IN TEST SAMPLE OR SPECIMEN.  (a)  The commission may require urine samples to be frozen for a period necessary to allow any follow-up testing to detect and identify a prohibited substance.  Any other specimen shall be maintained for testing purposes in a manner required by commission rule.
(b)  If a test sample or specimen shows the presence of a prohibited substance, the entire sample, including any split portion remaining in the custody of the commission, shall be maintained until final disposition of the matter.
(c)  A license holder whose animal test shows the presence of a prohibited substance is entitled to have a split portion of the test sample or specimen tested at a testing facility authorized to perform drug testing under this subtitle and selected by the license holder.  The commission shall adopt rules relating to split testing procedures.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.006.  DISCIPLINARY ACTION FOR PROHIBITED DEVICE OR SUBSTANCE.  (a)  Following the discovery of a prohibited device or a return of a test showing the presence of a prohibited substance, a steward or judge may summarily suspend a person who has used or administered the prohibited device or prohibited substance until a hearing before the stewards or judges.  The steward or judge may also disqualify an animal as provided by a commission rule adopted under this chapter.
(b)  Except as otherwise provided, a person may appeal a ruling of the stewards or judges to the commission.  The commission may stay a suspension during the period the matter is before the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.

Sec. 2034.007.  DISCIPLINARY ACTION FOR RULE VIOLATION OF PROHIBITED DEVICE OR SUBSTANCE.  A person who violates a rule adopted under this chapter may:
(1)  have any license issued to the person by the commission revoked or suspended; or
(2)  be barred for life or any other period from applying for or receiving a license issued by the commission or entering any portion of a racetrack.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.