Texas § OC.2026.007 - INAPPROPRIATE OR UNSAFE CONDITIONS

§ OC.2026.007. INAPPROPRIATE OR UNSAFE CONDITIONS

INAPPROPRIATE OR UNSAFE CONDITIONS; ENFORCEMENT; RULES. (a) The executive director shall issue a notice of violation to a racetrack association on a determination that an inappropriate or unsafe condition exists at a racetrack. (b) If the executive director determines that an inappropriate or unsafe condition exists at the racetrack, the executive director shall order the racetrack association to take action within a specified period to remedy the inappropriate or unsafe condition. In determining the period for compliance, the executive director shall consider: (1) the nature and severity of the problem; and (2) the threat to the health, safety, and welfare of race participants, patrons, and animals. (c) The commission by rule shall require a report of any corrective action taken by a racetrack association in response to an order of the executive director under Subsection (b). (d) If a racetrack association fails to take action as required under Subsection (b), the executive director shall initiate an enforcement action against the racetrack association. The executive director may rescind any live or simulcast race date of a racetrack association that does not take corrective action within the period set by the executive director. (e) The commission shall adopt rules implementing this section, including rules: (1) requiring the report and correction of: (A) an inappropriate condition on the premises of a racetrack, including a failure to properly maintain the premises, that interferes with the administration of this subtitle; and (B) a condition on the premises that makes the premises unsafe for a race participant, patron, or animal; and (2) determining the methods and manner by which the executive director may determine and remedy inappropriate or unsafe conditions on the premises, including the methods and manner in which the executive director may conduct inspections of the premises and remedy emergency situations. (f) The commission shall adopt rules relating to the commission's review of an action taken under this section by the executive director. A review procedure adopted under this subsection must be consistent with Chapter 2001 , Government Code. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969 ), Sec. 1.01, eff. April 1, 2019.