85R5249 GCB-F By: Hughes S.B. No. 859 A BILL TO BE ENTITLED AN ACT relating to the membership of the Texas Racing Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2.02(a), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended to read as follows: (a) The commission consists of eight [seven] members appointed by the governor with the advice and consent of the senate and [two ex officio members who shall have the right to vote. The ex officio members are: [(1)] the chairman of the Public Safety Commission or a member of the Public Safety Commission designated by the chairman of the Public Safety Commission, who shall serve as an ex officio member with the right to vote [; and [(2) the comptroller of public accounts or the comptroller's designee]. SECTION 2. Section 2.05(a), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended to read as follows: (a) Six [Five] of the appointed members of the commission must be representatives of the general public and have general knowledge of business or agribusiness. At least one of those appointed members may be a veterinarian, and being licensed as a veterinarian satisfies the requirement that the person have general knowledge of business or agribusiness. One additional appointed member must have special knowledge or experience related to greyhound racing and one additional appointed member must have special knowledge or experience related to horse racing. A person is not eligible for appointment as a member of the commission if the person or the person's spouse: (1) is licensed by the commission, except as a commissioner; (2) is employed by the commission or participates in the management of a business entity or other organization regulated by the commission or receiving funds from or through the commission; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from or through the commission; or (4) uses or receives a substantial amount of tangible goods, services, or funds from or through the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses. SECTION 3. As soon as practicable after the effective date of this Act, the governor shall appoint one additional member to the Texas Racing Commission to comply with Section 2.02(a), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), as amended by this Act. The additional member appointed in accordance with Section 2.02(a) shall serve a term expiring February 1, 2019. SECTION 4. This Act takes effect September 1, 2017.