Report: Texas commission says no racing under federal authority
The Texas Racing Commission has said it would not allow pari-mutuel wagering at the state's racetracks if the Horseracing Integrity and Safety Authority asserts control on July 1, as scheduled.
A story by the Paulick Report said Amy Cook, executive director of the commission, asked HISA chief executive Lisa Lazarus for dates, races, and horses that the authority intends to regulate within the jurisdiction of Texas.
In the letter to Lazarus, Cook said that under the Texas Racing Act, "no pari-mutuel wagering is permitted for live or simulcast export wagering for races our Commission does not supervise. Accordingly, there will be no such pari-mutuel wagering or simulcast wagering in Texas on those dates which the Authority asserts jurisdiction," according to the report.
Cook said that if HISA does not notify Texas authorities of its intentions, the commission will assume that HISA "does not intend to assert jurisdiction," according to the report.
In her response, Lazarus noted that the federal legislation says HISA rules "shall preempt any provision of State law or regulation with respect to matters within the jurisdiction of the Authority under the chapter."
Lazarus added, "Accordingly, while State laws are preempted with respect to matters on which the FTC (Federal Trade Commission) has approved and promulgated a final rule, Texas law will continue to regulate matters on which the FTC has not yet approved and promulgated a final rule. …
"Beginning July 1, 2022, all Covered Persons and all Covered Horseraces (as defined in HISA) are required to comply with the FTC approved regulations of the Authority," Lazarus continued, according to the report. "This means that any Thoroughbred horserace in Texas that exports its pari-mutuel signal will be governed by HISA as set forth above.
"Should Texas choose not to conduct Thoroughbred horseraces that export their signal after July 1, then there will not be any Covered Horseraces in Texas to which HISA will apply."