This Act may be cited as the Texas Boxing and Wrestling Act.

It is the legislature's intent to improve the general welfare and safety of the citizens of this state. The legislature finds that the boxing industry in this state should be regulated in order to protect the best interest of both contestants and the public, and it is the responsibility of the state to provide for the protection of the contestants and the public through the imposition of certain regulations on the boxing industry and to impose a gross receipts tax upon the proceeds obtained from boxing performances to finance said regulation. The legislature finds this to be the most economical and efficient means of dealing with this problem and serving the public interest. Accordingly, this Act shall be liberally construed and applied to promote its underlying policies and purposes.

Whenever used in this Act, unless the context otherwise requires, the following words and terms have the following meanings:

(1) "Commissioner" means the commissioner of licensing and regulation or his designated representative.

(2) "Department" means the Texas Department of Licensing and Regulation.

(3) "Person" includes an individual, association, partnership, or corporation.

(4) "Professional boxer" means a person to be licensed by the commissioner who competes for a money prize, purse, or compensation in a boxing contest, exhibition, or match held within the State of Texas.

(5) "Exhibition" means a demonstration of boxing or wrestling skills.

(6) "Boxing" includes kickboxing, a form of boxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot.

(7) "Judge" means a person to be licensed by the commissioner who is at ringside during a boxing match and who has the responsibility of scoring the performance of the participants in the match.

(8) "Referee" means a person to be licensed by the commissioner who has the general supervision of a boxing match or exhibition and is present inside of the ring during the match or exhibition.

(9) "Boxing promoter" means a person to be licensed by the commissioner who arranges, advertises, or conducts a boxing contest, match, or exhibition.

(10) "Wrestling promoter" means a person to be registered with the secretary of state who arranges, advertises, or conducts a wrestling contest, match, or exhibition.

(11) "Elimination tournament boxing promoter" means a person licensed by the department who arranges, advertises, or conducts an elimination tournament.

(12) "Elimination tournament" means a boxing contest in which elimination tournament contestants compete in a series of matches until only one contestant remains in each weight category.

(13) "Elimination tournament contestant" means a person who competes in an elimination tournament.

(14) "Championship tournament" means an international, state, regional, or national elimination tournament that allows the winners of another elimination tournament to compete for a championship in each weight category.

(15) "Regional tournament" means an elimination tournament that allows an elimination tournament contestant from outside the immediate area where the tournament is held to compete against local tournament contestants.

(16) "Local tournament" means an elimination tournament that allows only a resident of this state to compete.

(a) The department shall have the sole jurisdiction and authority to enforce the provisions of this Act, and the commissioner shall investigate any allegations of activity which may violate the provisions of this Act.

(b) The commissioner is authorized to enter at reasonable times and without advance notice any place of business or establishment where said alleged illegal activity may occur.

(c) The commissioner is authorized to promulgate rules and regulations and hold administrative hearings in accordance with the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). The commissioner shall promulgate any and all reasonable rules and regulations which may be necessary for the purpose of enforcing the provisions of this Act. The commissioner is authorized to promulgate rules and regulations governing professional kickboxing contests or exhibitions which shall be fought on the basisof the best efforts of the contestants. The commissioner shall have the power and authority to revoke or suspend the license or permit of any judge, boxer, manager, referee, timekeeper, second, or boxing promoter for violations of any rule or regulation promulgated pursuant to this Act or for the violation of any provision of this Act, and may deny an application for a license when the applicant does not possess the requisite qualifications.

(d) The commissioner shall have the power and authority to hold a hearing regarding allegations that any person has violated or failed to comply with the provisions of this Act. In addition to the denial, revocation, or suspension of a license, the commissioner may order the forfeiture of the purse of any boxer or manager in an amount not to exceed $1,000 for the violation of any rule or regulation promulgated pursuant to the Act or for the violation of any provision of this Act, and said money shall be deposited to the credit of the General Revenue Fund of the State of Texas.

(e) In the conduct of any administrative hearing held pursuant to this Act, the commissioner may administer oaths to witnesses, receive evidence, and issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of papers and documents related to matters under investigation. Administrative hearings shall be held in conformity with the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).

(a) Any party to the hearing aggrieved by the decision or order of the commissioner may secure judicial review thereof in the following manner:

(1) The petition must be filed in a district court of Travis County, Texas, within 30 days after the decision or order of the commissioner becomes final.

(2) The filing of a petition for review shall not itself stay the effect of the decision or order complained of, but the commissioner or the reviewing court may order a stay upon appropriate terms and if a stay is so granted no supersedeas bond shall be required.

(3) Service of process. The petition for review shall be served on the commissioner and upon all parties of record in any hearing before the commissioner in respect to the matter for which review is sought. After service of such petition upon the commissioner and within the time permitted for filing an answer or an soon thereafter as the record is made available to the commissioner, the commissioner shall certify to the district court in which such petition is filed the record of the proceedings to which the petition refers. The cost of preparing and certifying such record shall be paid to the commissioner by the petitioner and taxed as part of the costin the case, to be paid as directed by the court upon final determination of said case.

(4) The review of any decision or order of the commissioner shall be tried by the court without a jury in the same manner as civil actions generally, but no evidence shall be admissible which was not adduced at the hearing on the matter before the commissioner or officially noticed in record of such hearing.

(5) The burden of proof shall be on the plaintiff. The reviewing court may affirm the action complained of or remand the matter to the commissioner for further proceedings.

(6) Appeals from any final judgment may be taken by either party in the manner provided for in civil actions generally, but no appeal bond shall be required of the commissioner.

(a) A person who violates a provision of this Act or any rule or regulation of the department commits a Class A misdemeanor.

(b) Any person who violates any provision of this Act or the rules and regulations of the department may be assessed a civil penalty to be paid to the State of Texas in an amount not to exceed $1,000 for each such violation as the court may deem proper.

(c) Whenever it appears that any person has violated or is threatening to violate any of the provisions of this Act or of the rules and regulations of the department, either the attorney general or the department may cause a civil suit to be instituted either for injunctive relief to restrain such person from continuing the violation or threat of violation or for assessment and recovery of the civil penalty or for both. Venue for such suit shall be in the district courts of Travis County, Texas.

(a) The promoting, conducting, or maintaining of boxing matches, contests, or exhibitions when conducted by educational institutions, law enforcement organizations, Texas National Guard Units, or amateur athletic organizations dulyrecognized by the commissioner shall be exempt from the licensing and bonding provisions of this Act provided that none of the participants in such contests or exhibitions receive a money remuneration, purse, or prize for their performance or services therein.

(1) all nonprofit amateur athletic associations chartered under the laws of the State of Texas, including their affiliated membership clubs throughout the state which have been recognized by the commissioner;

(2) any contests, matches, or exhibitions between students of educational institutions which are conducted by a college, school, or university as part of the institution's athletic program;

(3) contests, matches, or exhibitions between members of any troop, battery, company, or units of the Texas National Guard or a law enforcement organization.

(a) A person may not act as a boxing promoter or an elimination tournament boxing promoter until the person has been licensed by the department under this Act. A person may not act as a wrestling promoter until the person has registered with the secretary of state.

(b) The application for a boxing promoter's license shall be made upon a form furnished by the commissioner and shall be accompanied by the license fee set by the commission. The application for a boxing promoter's license shall be accompanied by a surety bond subject to the approval of the commissioner and condition on the payment of the tax imposed under Section 11 of this Act. The commissioner shall fix the sum of the surety bond, but the sum may not be less than $300.

(c) The registration of a wrestling promoter shall be made on a form furnished by the secretary of state and shall be accompanied by the registration fee set by the secretary of state in an amount reasonably necessary to cover the administrative costs of registration. The registration application shall be accompanied by a $5,000 surety bond to be filed with the secretary of state.

(d) A surety bond shall be issued by a company authorized to do business in Texas and shall be in conformity with the Insurance Code.

(f) A bond shall be open to successive claims up to the amount of face value, and a new bond must be filed each year. The bonding company is required to provide written notification to the department at least 30 days prior to the cancellation of the bond.

(1) charges an admission fee; or

(2) awards a prize of money, trophy, prize, or any other item with a value of more than $50 to a contestant winning an elimination tournament.

(i) The annual fee for an elimination tournament boxing promoter license shall not exceed $1,000.

(a) No person shall act as a professional boxer, manager of a professional boxer, referee, judge, second, timekeeper, or matchmaker until he has been licensed pursuant to this Act.

(b) The application for a license shall be made upon a form furnished by the commissioner and shall be accompanied by the license fee.

(c) Revenue obtained from license fees shall be deposited to the credit of the General Revenue Fund.

(a) The commissioner is authorized to promulgate rules and regulations setting forth reasonable qualifications for an applicant seeking a license as a boxing promoter, manager, matchmaker, professional boxer, judge, referee, second, or timekeeper.

(b) The commissioner may after investigation and hearing deny an application for a license when the applicant has failed to meet the established qualifications or has violated any provision of this Act or any rule or regulation issued pursuant to this Act.

(c) The commissioner may waive any license requirement for an applicant with a valid license from another state with which this state has a reciprocity agreement.

The commissioner may recognize, prepare, or administer continuing education programs for licensees. Participation in the programs is voluntary.