Proposed Amendments to Combative Sports Administrative Rules

Chapter 61. Combative Sports

Proposal Filed: November 20, 2015 - Published in the Texas Register: December 4, 2015

Deadline for Public Comment: January 4, 2016

Underlined text is new language.

[Strike-thru text] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes a new rule at 16 Texas Administrative Code (TAC), Chapter §61.120; and proposes the repeal of current §61.120, regarding the Combative Sports program.

House Bill 3315 (H.B. 3315), 84th Legislature, Regular Session (2015), made substantive changes to Chapter 2052, Occupations Code relating to the Medical Advisory Committee. The bill authorized the Texas Commission of Licensing and Regulation (Commission) to compose a Combative Sports Advisory Board to address a wider range of issues. The proposed new rule and repeal are necessary to implement the changes made by H.B. 3315.

The proposed new §61.120 provides that the Combative Sports Advisory Board consist of four licensed physicians, one licensed boxing promoter, one licensed mixed martial arts promoter, one sports referee or judge, one former combative sports contestant and one public member to make up the composition of the board.

The proposed repeal of current §61.120 is replaced with the new §61.120.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed new rule and repeal are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed rules. There is no estimated loss in revenue to the state as a result of enforcing or administering the proposed new rule or repeal.

Mr. Kuntz also has determined that for each year of the first five-year period the proposed new rule and repeal are in effect, the public will benefit by the combined knowledge of the proposed board composition and allow for greater diversity on issues relating to combative sports. Each of these benefits will better ensure the health and safety of the contestants.

There will be no anticipated economic effect on small and micro-businesses who are required to comply with the rules as proposed.

Since the agency has determined that the proposed new rule and repeal will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The new rule is proposed under Texas Occupations Code, Chapters 51 and 2052, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 2052. No other statutes, articles, or codes are affected by the proposal.

61.120. Combative Sports Advisory Board.

(a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission. The nine members include:

(1) four physicians;

(2) one representative of a boxing promoter;

(3) one representative of a mixed martial arts promoter;

(4) one combative sports referee or judge licensed at least three years;

(5) one former combative sports contestant; and

(6) one public member.

(b) If a license is required to hold any of the member positions in (a), the license must be issued by the State of Texas and be in and remain in good standing for the balance of the term.

(c) Advisory board members serve terms of six years, with the terms of two or three members, expiring on February 1 of each odd-numbered year.

(1) A member may not serve more than two full consecutive terms.

(2) If a vacancy occurs during a term, the presiding officer of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term.

(d) The presiding officer of the commission, with approval of the commission, appoints one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board.

(e) Advisory board members do not receive compensation. Board members may be, subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board.

(f) The advisory board meets at the call of the presiding officer of the commission or executive director.

(g) The advisory board provides advice and recommendations to the department on health and safety of contestants and other matters relevant to the administration and enforcement of this chapter.

(h) The presiding officer of the advisory board shall appoint not less than two standing board workgroups to study and work with department staff on matters related to medical protocols and other matters that promote the health and safety of contestants.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2015.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

The repeal is proposed under Texas Occupations Code, Chapters 51 and 2052, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 2052. No other statutes, articles, or codes are affected by the proposal.

[ 61.120. Medical Advisory Committee.]

Filed with the Office of the Secretary of State on November 20, 2015.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation