ORDER N0. 17418
ORDER CALLING FOR A LOCAL OPTION ELECTION TO APPROVE LEGALIZING
PARI-MUTUEL WAGERING ON HORSE RACES IN KERR COUNTY
THE STATE OF TEXAS X
COUidTY OF KERR X
On this the 24th day of August, 1987, the Commissioners' Court of
Kerr County, Texas convened in regular session open to the public,
at the regular meeting place thereof at the Courthouse in Kerr
County, Kerrville, Texas, with the following members of the Court
present, to wit:
DANNY R. EDWARDS,
FRED HOLLAND,
BILL RAY,
VICTOR LICH,
H. A. BALDWIN,
PATRICIA DYE,
County Judge
Commissioner Precinct 1
Commissioner Precinct 2
Commissioner Precinct 3
Commissioner Precinct 4
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners' Court of
Kerr County, Texas
and the following absent members: None
constituting a quorum, and among other proceedings, passed the
following order:
There came on to be considered a Local Option Election to approve
the Legalizing of parrmutuel wagering on horse racing in Kerr
County, Texas, as enacted under Texas Racing Act, and authorized
by Article 179e, Tex. Rev. Civ. Stat. Ann. (Vernon Supp. 1987),
and ARTICLE 16, Sec. 16.02, for the purpose of submitting to the
legally qualified voters of said County the determination of the
following issue, to wit:
FOR "Legalizing par rmutuel wagering on horse races
in Kerr County"
AGAINST "Legalizing par rmutuel wagering on horse races
in Kerr County",
and that said election shall be held on November 3, 1987 in each
Election Precinct as required by law, and by such persons as
designated by the Commissioners' Court.
The polls at each of the designated polling places shall on said
election date be open from 7:00 o'clock A.M. to 7:00 o'clock P.M.
Said ballot shall also have printed thereon the proposition appro-
priate to this election in the exact language stated in Article
179e, Tex. Rev. Civ. Stat. Ann
(Vernon Supp. 1987), ARTICLE 16,
Sec. 16.11, to wit:
FOR "Legalizing pari-mutuel wagering on horse races
in Kerr County"
AGAINST "Legalizing pari-mutuel wagering on horse races
in Kerr County".
Notice of said election shall be given as required by Section
4.003 of the Texas Election Code and Article 179e, Texas Revised
Civil Statutes Ann. (Vernon Supp. 1987).
Absentee voting for said election shall be conducted by the County
Clerk, Kerr County Courthouse, Kerrville, Texas in accordance with
the terms and provisions of the Texas Election Code. Absentee vot-
ing will begin October 14, 1987 and continue through October 30,
1987 during regular office hours.
It is further found and determined that written notice of the date,
hour, place and subject of this meeting was posted on the bulletin
boards located at places convenient and readily accessible to the
general public at all times at the County Courthouse at Kerrville,
Texas, at least 72 hours preceding the scheduled time of this meeting.
Motion made by Commissioner Ray, seconded by Commissioner Holland,
that the same do pass.
Thereupon, the question being called for, the following members of
the Court voted "AYE: Commissioner Fred Holland, Commissioner Bill
Ray, and Commissioner Victor Lich;
the following members voted "NAY": Commissioner H. A. Baldwin;
and the following members "ABSTAINED FROM VOTING":
County Judge Danny R. Edwards.
Whereupon the Order was declared to have been approved by a majority
vote of Commissioners' Court.
PASSED, APPROVED AND ADOPTED this the 24th day of August, 1987.
County Judge, Kerr County, Texas
ATTEST:
PATRICIA DYE
Clerk of the County Court
TEXAS RACING ACT
Article 179e
Tex. Rev. Civ. Stat. Ann.
(Vernon Supp. 1987)
ARTICLE 16. LOCAL OPTION ELECTION
Condition precedent
Sec. 16.01. (a) The commission shall not issue a racetrack license or accept an applica-
lion for a license for a racetrack to be located in a county until the commissioners court
has certified to the secretary of state that the qualified voters of the county have
approved the legalization of parrmutuel wagering on horse races or greyhound races in
the county at an election held under this article. A local option election may not be held
under this article before January 1, 1987.
(b) A racetrack may not be located within ahome-rule city unless a majority of the
votes cast in the city in the election held under this article that legalized parrmutuel
wagering on horse races in the county were in favor of legalization. Thin subsection does
not apply to a licensed racetrack that was located outside the boundaries of the city when
it was first licensed and has continuously held a license since the original license was
issued.
Methods Cor initiating election
Sec. 16.02. The commissioners court on its own motion by a majority vote of its
members may order an election to approve the legalization of parrmutuel wagering on
horse races or greyhound races, and it shall order an election on presentation of a petition
meeting the requirements of this article.
Application for petition; issuance
Sec. 16.03. If petitioned to do so by written application of 10 or more registered voters
of the county, the county clerk shall issue to the applicants a petition to be circulated
among registered voters for their signatures.
Contents of application
Sec. 16.04. To be valid, an application must contain:
(1) a heading, in the following words: "Application for a Petition for a Local Option
Election to Approve the Legalization of Pari-mutuel Wagering on Horse Races" or
"Application for a Petition for a Local Option Election to Approve the Legalization of
Pori-mutuel Wagering on Greyhound Races;' as appropriate;
(2) a statement of the issue to be voted on, in the following words: "'Legalizing
parrmutuel wagering on horse races in County" or "Legalizing parrmutuel
wagering on greyhound races in County," as appropriate;
(3) a statement immediately above the signatures of the applicants, reading as follows:
"IC is the hope, purpose, and intent of the applicants whose signatures appear below that
parrmutuel wagering on horse races be legalized in County" or "It is the
hope, purpose, and intent of the applicants whose signatures appear below that pari-mutu-
el wagering on greyhound races be legalized ip County," as appropriate; and
(4) the printed name, signature, residence address, and voter registration certificate
number of each applicant.
Contents of petition
Sec. 16.05. To be valid, a petition must contain:
(1) a heading, in the following words: "Petition for a Local Option Election to Approve
the Legalization of Pari-mutuel Wagering on Horse Races" or "Petition for a Local
Option Election to Approve the Legalization of Pari-mutuel Wagering on Greyhound
Races," as appropriate;
(2) a statement of the issue to be voted on, in the same words used in the application;
(3) a statement immediately above the signatures of the petitioners, reading as follows:
"It is the hope, purpose, and intent of the petitioners whose signatures appear below that
parrmutuel wagering on horse races be legalized in County" or "It is the
hope, purpose, and intent of the petitioners whose signatures appear below that pari-mu-
tuel wagering on greyhound races be legalized in County," as appropriate;
(4) lines and spaces for the names, signatures, addresses, and voter registration
certificate numbers of the petitioners; and
(5) the date of issuance, the serial number, and the seal of the county clerk on each
page.
Copies
Sec. 16.06. The county clerk shall keep the application and a copy of the petition in the
files of that office. The clerk shall issue to the applicants as many copies as they request.
Filing of petfUon: number of signstures
See. 16.0?. To form the basis for the ordering of an election, the petition must be filed
with the county clerk not later than the 90th day after the date of its issuance, and it
must contain a number of signatures of registered voters of the county equal to five
percent of the number of votes cast in the county for all candidates for governor in the
most recent gubernatorial general election.
	Review by county clerk
	Sec. 16.08. (a) The county clerk shall, on request of any person, check each name on
	the petition to determine whether the signer is a registered voter of the county. The
	person requesting this verification by the county clerk shall pay the county clerk a sum
	equal to 20 cents per name before commencement of the verification.
	(b) The county clerk may not count a signature if there is reason to believe that:
	(1) it is not the actual signature of the purported signer;
	(2) the voter registration certificate number is not correct;
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P	(3) it ie a duplication either of a name or of handwriting used in any other signature on
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d	(4) the residence address of the signer is not correct; or
ro ~ Sf	(5) the name of the voter is not signed g5~ y.ga it appears on the official copy of the
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,	current list of registered voters for the voting year m which the petition is issued.
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~	Saturdays, Sundays, and legal holidays, the county clerk shall certify to the commission-
:	ers court the number of registered voters signing the petition.
i~	Order of election
	Sec. 16.10. (e) The commissioners court shall record on its minutes the date the
	petition is filed and the date it is certified by the county clerk.
	(b) If the petition contains the required number of signatures and is in proper order,
	the cemmisa~onera court shall, at its next >~1gf gl3gjpp after the certification by the
	county clerk, order an election to be held at~f. a reT polling place in each county
	election precinct in the county on the neat uniform election date authorized by Section
'	41.001, Election Code, that occurs at least ZO days after the date of the order. The
	commissioners court shall state in the order the issue W be voted oa in the election. The
	order is prima facie evidence of compliance with ap p>•+ovisions necessary to give it
	validity.
	Application of EleeUon Code
	Sec. 16.11. (s) The election shall be held and the returns shall be prepared and
	canvassed in conformity with the Election Code.
	(b) The ballots shall be printed to permit voting for or against the proposition:
	"Legalizing parrmutuel wagering on horse races m County" or "Legalizing
	parrmutuel wagering on greyhound races in County," ee appropriate.
	Results o[ election
	Sec. 16.12. (s) If a majority of the votes cast in the election sre for the legalization of
	par.-mutuel wagering on horse races or greyhound races in the ceunty, the commieeionere
court shall certify that fact to the secretary of state not later than the IOth day after the
date of the canvass of the returns.
(b) No other eLectionmay be held in the county under this Act until five years have
elapsed since the date of the prece inR election.
Contest of election
Sec. 16.13. (a) Not later than the 30th day after the date the result of the election is
declared, any qualified voter of the county may contest the election by filing a petition in
the district court of the county. Any person who is licensed or who has made application
to the commission to be licensed in any capacity under this Act may become a'named
party to the proceedings by pleading to the petition on or before the time set for hearing
and trial as provided by Subsection (c) of this section or thereafter by intervention on
leave of court.
(b) The proceedings in the suit shall be wnducted in the manner prescribed by Title 14,
Election Code,' for contesting an election held for a purpose other than the election of an
officer or officers. Unless otherwise provided by this Act, the applicable Texas Rules of
Civil Procedure and all applicable statutes govern the proceedings and appeals held and
conducted under this Act.
(c) At or after the time for hearing and trial, the judge shall hear and determine all
questions of law and fact in the proceedings and may enter orders as W the proceedings
that will enable the judge to try and determine the questions and to render a final
judgment with the least possible delay.
1 V.T.C.A. Election Code, § 221.001 et seq.
Contest of election; bond
Sec. 16.14. At any time prior to the entry of a final judgment in the proceedings, any
party may ask the court to dismiss the contestant's action unless the contestant posts a
bond with sufficient surety, approved by the court, payable to the movant for the
payment of al] damages and costs that may accrue by reason of the delay that will be
occasioned by the continued participation of the contestant in the proceedings in the event
that the contestant fails to finally prevail and obtain substantially the judgment prayed
for in the petition. The court shall then issue an order directed to the contestant, which
order, together with a copy of the motion, shall be served on all parties, or on their
attorney of record, personally or by registered mail, requiring the contestant to appear at
the time and place, not sooner than five nor later than 10 days after receipt of the order
and motion, as the court may direct, and show cause why the motion should not be
granted. The maximum bond that the court may set is $10,000 for contests of elections
for tracks to be located in a county with a population of less than 900,000, according to
the moat recent federal census. The maximum bond that the court may set is $100,000
for contests of elections for tracks to be located in a county with a population of 900,000
or more, according to the most recent federal census. Motions with respect to more than
one contestant may be heard together if so directed by the court. Unless at the hearing
on the motion the contestant establishes facts that in the judgment of the court would
entitle the contestant to a temporary injunction against the issuance of licenses on the
basis of the election in question, the court shall grant the motion of the movant and in its
order the court shall fix the amount of the bond to be posted by the contestant in an
amount found by the court to be sufficient to cover all damages and costs that may
accrue by reason of the delay that will be occasioned by the continued participation of the
contestant in the proceedings in the event that the contestant fails to prevail and obtain
substantially the judgment prayed for in its petition.
Contest of election; appeal
Sec. 16.15. Any party to the cause who is dissatisfied with an order or judgment
entered under Section 16.13 of this Act may appeal to the appropriate court of appeals
after the entry of the order or judgment; otherwise the order or judgment becomes final.
If such a party does not file an appeal not later than the 30th day after the date on which
the result of the election is declared, it is presumed that the election is valid. Any appeal
has priority over all other cases, causes, or matters pending in the court of appeals,
except habeas corpus, and the court of appeals shall assure the priority and act on the
matter and render its final order or judgment with the least possible delay. The supreme
court may review by writ of error or other authorized procedure all questions of law
arising out of the orders and judgments of the court of appeals in the manner, time, and
form applicable in other civil causes in which a decision of the court of appeals is not final,
but the review has priority over all other cases, causes, or matters pending in the
supreme court, except habeas corpus, and the supreme court shall assure the priority and
review and act on the matter and render its final order or judgment with the least
possible delay.
Soil to have precedence
Sec. 16.16. The court shall accelerate the disposition of any action brought under this
Act.
Conteetee
Sec. 16.17. (a) The county attorney is the conteatee of a suit brought under Section
16.13 of this Act. If there is no county attorney of the county, then the criminal district
attorney or district attorney ie the conteatee.
(b) Costs of the election contest may not be adjudged against the contestee or against
the county, and neither may be required to give bond on appeal.
Reaci~efon eleMion
Sec. 16.18. (a) The commissioners court of a county that elects to approve the legali-
zation of racing with parrmutual wagering in that county may hold an election on the
question of rescinding that approval. The court shall order such an election on the
presentation of a petition that requests such a reacieaion. The election may not be held
earlier than two years after the date of the election conducted under Section 16.10 of this
Act at which the legalization of parrmutual wagering was approved. The petition must
meet the requirements imposed under this article for a petition to request a local option
election on the question of the legalization of racing with parrmutual wagering. An
election to rescind legalization of racing shall be conducted in the manner provided for the
original local option election under this article. The ballots shall be printed W permit
voting for or against the proposition: "Rescinding the legalization of parrmutual wager
ing on horse races in County" or "Rescinding the legalization of parrmutual
wagering on greyhound races in County," as appropriate.
(b) If the majority of the votes cast in an election under this section favor the
resciss~~n, racing with pari•mutuel wagering ma; not be conducted in that county except
as provi•~•.d by Subsection (c) of this section.
(c) An association located in a county that elects to rescind the legalization of racing
and that has outstanding long-term liabilities may continue to operate on a temporary
basis as provided by Section 18.01 of this Act.

APP LlCATION FOR A PETITION FOR
A LOCAL OPTION ELECTION TO
APPROVE THE LEGALIZATION OF
PARI-MUTUEL WAGERING ON °RA CES
To the County Clerk of County, Texae:
WE, the undersigned registered voters of County, Texae make this
application for a petition for a local option election to approve the legalization oY
pari-mutuel wngering on races, and upon tiling said Petition, would have
the following issue voted on in an election ordered by the Commissioners' Court of
County:
FOR
Legalizing pari-mutuel wagering on
races in County
AGAINST
!t is the hope, purpose and intent of the applicants whose signatures appear
below that pari-mutuel wagering on races be legalized in
County.
Voter
Reg.
Printed Date Residence Cert.
Name Signature Signed Address Number
a.
s.
6.
7.
8.
9.
10.
(OVER)
Voter
Reg.
Printed Date Residence Cert.
N eme Signature Signed Addreae Number
I1.
13.
14.
16.
18.
20.
NOTE: This application must be signed by ten (10) or more registered voters of
County.
PET1'1'lON POR A LOCAL OPTION ELECTION
TO APPROVE THE LEGALIZATION OF
PARI-MUTUEL WAGERING ON ~~ RACES
To the Commissioners' Court of County, Texas:
WE, the undersigned qualified voters of County, Texas (said County
hereinafter for convenience referred to ae "area") hereby respectfully request that a
local option election be celled in accordance with the terms and provisions of the
Texas Rucing Act in the above mentioned area for the purpose of submitting to the
legally qu eli fied voters of said area the determination of the following issue, to-wit:
F'OR
Legalizing pari-mutual wagering on
races in County
AGAINST
It is the hope, purpose and intent of the petitioners whose signatures appear
below that pari-mutual wagering on races be legalized in
County.
Voter
Residence Reg.
Printed Date Address s Cert.
N ems Signature Signed Zip Code Number
2.
3.
5.
7.
9.
Serial
Date of Issuance:
Place the actual seal of the County
Clerk of County, Texas here:
(OVER)
Voter
Residence Reg.
Printed Date Address a Cert.
Name Signature Signed Zip Code Number
I1.
12.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Each ai gnat moat sign hie signature as it appears on the official copy of the current
list of registered voters for voting year 198 .
!n order to be valid, this petition moat be filed with the County Clerk of
County, Texas not later then the 30th day after the date of its tesuance.
The County Clerk oY County, Texas may not count a signature if there is
reason to believe that:
(1) it is not the actual signature of the purported signer;
(2) the Voter registration certificate number is not correct:
(3) it is a duplication either of a name or of handwriting used in any other
signature on the petition;
(4) the residence address of the signer to not correct: or
(5) the name of the voter is not signed exactly ae it appears on the official
copy of the current tilt of registered voters for the voting year in which
the petition to issued.
Serial Number:
Date of Issuance:
Place the actual seal of the County
Clerk of - County, Texas here:
~ ~ ~ lt/
BXECUTIVE DMSION
P.O. Box 12697
Austin, Texu 78711
Publications
P.O-Box 13824
512463-5561
ELECfiONS DIVISION
P.O. Box 12060
512463-5650
Disdosurc Filings Section
P.O. Box 12070
sl2 463-s7oa
DATA SERVICES
DIVISION
P.O. Box 12887
512 463.5609
SUPPORT SERVICES
DIVLSION
Fbtancial Management
P.O. sox 12887
s12 463•s6oo
staffSetvices
a O. Box 12667
512 463-5600
Cotpotatiom
`r.0. Box 13697
512463-5555
utory Documents
. Box 12867
463-5654
fotm Commercial Code
Box 13193
462-1155
Office of the
SECRETARY OF STATE
Jack M. Rains
SECRETARY OF STATE
MEMORANDUM
~-~
~% ~ ~.
~f~
TO: County Judges, County C erks, and
Election Administrators ~~ .~-f`S
FROM: Jack M. Rains, 5ecretar of State
DATE: August 19, 1987
RE: Election Law Opinion JMR-1 &
Local Option Elections Memorandum
Because of the general statewide interest in the local
option election portion of the Texas Racing Act, I have
issued the attached Election Law Opinion.
Also enclosed is a step-by-step summary of the procedure
for conducting a local option election under the Texas
Racing Act.
If this office can be of further assistance, please do
not hesitate to call (512) .463-5650 or toll free at
1-800-252-VOTE (8683).
JMR1 /mtmleln5
n., p,.....~ n.,..,. .._ ... .

Ofhce of the
SECRETARY OF STATE
Jack M. Rains
SECRETARY OF STATE
LOCAL OPTION ELECTIONS UNDER
T'HE TEXAS RACING ACT
EXECUTIVE DIVISION
P.O. Box 12697
Austin, Texas 78711
Publications
P.O. Box 13824
512 463.5561
ELECTIONS DIVISION
P.o. sox 12aso
SI2 463-5650
Disclosure Filings Stttion
P.O. Box 12070
512 463-5704
DATA SERVICES
DIVISION
P.O. Box 12887
512 463-5609
SUPPORT SERVICES
DIVISION
Financial Management
P.O. sox 12687
512 463-5600
stab servi«x
P.O. Box 12887
Sl2 463.5600
STATUTORY FILINGS
DIVISION
Corporation
P.O. Box 13697
512 463-5555
Statutory Documents
P.O. Box 12887
512 463-5654
Uniform Commercial Code
P.O. Box 1319$
512 462.1155
Authority for Elections
Senate Bill 15, 69th Legislature, Second Called
Session, 1986, enacted the Texas Racing Act, art.
179e, Tex. Rev. Civ. Stat. Ann. (Vernon Supp. 1987),
which provides for a statewide referendum on the
issue of the legalization of pari-mutuel wagering on
horse and greyhound racing on a county-by-county
local option election basis. The referendum election
will be held on November 3, 1987, in conjunction with
the election on constitutional amendments. Articles
16 and 17 of the Act relate to the local option and
referendum elections, respectively. Only Cameron,
Nueces, and Galveston Counties may hold local option
elections on greyhound racing:
Referendum and Local Option Election Held on Same-Da~v
The Secretary of State has issued Opinion JMR-1
stating that a county may hold a local option elec-
tion on the same day as the statewide referendum.
Methods for Initiating a Local Option Election
A local option election ~ be ordered by the
commissioners court upon its own motion. The commis-
sioners court must order the election upon the
certification of a petition calling for such elec-
tion.
Application for Petition
A written application for a pe
submitted to the county clerk. The
be signed by ten or more registered
county. A separate application for
racing or greyhound racing) must be
application must contain:
tition must be
application must
voters of the
each issue (horse
submitted. An
(1) a heading, worded: "Application for a
Petition for Local Option Election to Approve
the Legalization of Pari-mutuel Wagering on
Horse Races (or Greyhound Races)";
Page 2
(2) a statement of the issue, worded: "Legal-
izing pari-mutuel wagering on horse races (or
greyhound races) in County";
(3) a statement immediately above the signa-
tures of the applicants, reading: "It is the
hope, purpose, and intent of the applicants
whose signatures appear below that pari-mutuel
wagering en horse races (or greyhound races) be
legalized in County"; and
(4) the printed name, signature, residence
address, and voter registration number of each
applicant.
Upon receipt of an application conforming to all
legal requirements, the county clerk shall issue the
applicants as many petition forms as requested. The
county clerk shall keep the applicaticr. on file in
her office. The county clerk should also inform the
applicants that the completed petition must be
returned to her not later than the 30th day after the
date of the issuance of the petition.
Petition for Election
The county clerk is responsible for the printing
of a sufficient number of petition forms that are
requested by the applicants. A separate petition for
each issue (horse racing or greyhound racing) must be
submitted. The petition must contain:
(1) a heading, worded: "Petition for a Local
Option Election to Approve the Legalization of
Pari-mutuel Wagering on Horse Races (or Grey-
hound Races)";
(2) a statement of the issue, in the same words
used in the application;
(3) a statement immediately above the signa-
tures of the petitioners, reading as follows:
"It is the hope, purpose, and intent of the
petitioners whose signatures appear below that
pari-mutuel wagering on horse races (or
greyhound races) be legalized in
County;
(4) lines and spaces for the names, signatures,
date of signing, residence addresses, and voter
registration certificate numbers of the petition-
ers; and
Page 3
(5) the date of the petition's issuance, the
serial number, and the seal of the county clerk
on each page.
The completed petition must be filed with the
county clerk not later than the 30th day after the
date of its issuance and contain a number of signa-
tures of registered voters of the county equal to
five percent of the number of votes cast in the
county for all candidates for governor in the most
recent gubernatorial general election.
Verification
The county clerk has 40 days, not counting
weekends and legal holidays, from the date the
petition is filed to certify to the commissioners
court the number of registered voters signing the
petition. Upon the request of a_Y person, the county
clerk must check each name on the petition to deter-
mine whether the signer is a registered voter of the
county. The person requesting such verification must
pay the county clerk 20 cents per name before the
verification begins. The county clerk may not count
any signature if there is reason to believe that:
(1) it is not the actual signature of the
purported signer;
(2) the voter registration number is incorrect;
(3) it is a duplication either of a name or of
handwriting used in any other signature on the
petition;
(4) the residence address of a signer is
incorrect; or
(5) the name of the voter is not signed exactly
as it appears on the official copy of the
current list of registered voters for the voting
year in which the petition is issued (e.g., if
the list of registered voters indicates "John H.
Doe," then the name must be signed "John H.
Doe," rather than "J. H. Doe."
Page 9
Order of Election
If the petition is valid, the commissioners
court must, at its next regular session after the
certification of the petition by the county clerk,
order the election to be held on the first available
uniform election date that occurs at least 20 days
after the date of the order. The commissioners court
must record in its minutes the date the petition was
filed and the date it was certified by the county
clerk. The order is rims facie evidence of compli-
ance with all provisions necessary tc give it validi-
ty. Besides the issue to be voted on in the elec-
tion, the order must contain:
(1) the date of the-election;
(2) location of main absentee polling place;
(3) date that absentee voting will begin, if
later than regular time prescribed under
§ 85.007(a), Tex. Elec. Code Ann. (Vernon's
1987); and
(4) dates and hours for voting absentee by
personal appearance on Saturday and Sunday, if
weekend voting is ordered by the absentee voting
clerk.
The date and issue of the election shall be
entered into the official records of the commission-
ers court. The order must be preserved for at least
60 days following the date of the election, unless
this period is extended due to pending litigation or
other official investigation. Please note that the
governor's proclamation ordering the referendum
election does not constitute the order for a local
option election held on November 3, 1987.
Notice of Election
Notice of the election must be given by publish-
ing the notice at least once, not earlier than the
30th day nor later than the 10th day before election
day, in a newspaper published in the county. if no
newspaper is published in the county, the notice must
be published in a newspaper of general circulation in
the county. Additionally, a copy of the notice must
be posted on the bulletin board used to post notice
of commissioners court's meetings not later than the
Page 5
21st day before election day. The notice must
contain:
(1) the nature and date of the election;
(2) the location of each polling place;
(3) the hours the polls will be open; and
(4) the propcsition stating the measure to be
voted upon.
A copy of the published notice that contains the
name of the newspaper and the date of publication
must be retained for 60 days following the election,
unless the period is extended due to pending litiga-
tion or other official investigation. If the local
option election is held in conjunction with the
referendum election, these notice requirements must
sail] he met in addition to the notice requirements
specific to the referendum election.
Conduct of Election
The election is conducted in conformity with the
Election Code. The regular polling place in each
county election precinct in the county must be used,
i.e., consolidation of election precincts is prohib-
ited. The ballots must be printed to permit voting
"For" or "Against" the proposition: "Legalizing
pari-mutuel wagering on horse races in
County" or "Legalizing pari-mutuel wagering-' on
greyhound races in County," as appropri-
ate. These issues may not be combined into one
proposition for elections held in counties that may
vote on the greyhound issue.
Certification of Results Sent to Secretary of_State
If a majority of the votes cast in the local
option election are for legalization of pari-mutuel
wagering, the commissioners court must certify that
fact to the Secretary of State not later than the
10th day after the date of the official canvass of
the returns. No other election may be held in the
county under the Texas Racing Act until five years
have elapsed since the date of the preceding elec-
tion.
Page 6
Page 6
Sf you have any questions relating to elections
rovided under the Texas Racingg Act yop mayy call the
~~e~~~o~~°~1~~818He8~1~H8 BH~~i~~g~{8fe8g$~dm~sOffice
8~~Y5 4~ ~~~e56$b; ~~x~81$ag~~S $£ 1-~fl~-~s~;ed~~~~~g3)
Elections Division o the Secretary o State s Of ice
at (512) 463-5650, or toll-free at 1-800-252-VOTE(8683)
Texas Racing Act/OPTION
Texas Racing Act/OPTION
OfTice of the
SECRETARY OF STATE
Jack M. rains
SECRETARY OFSTATE
	August 10, 1987
F.~clmvs alvrsloN
P.O. Boz 12697	ELECTION LAW OPINION JMR-1
Auaria, Te:aa 78711	
t~wlo~am	RE: LOCAL OPTION ELECTION TO
P.O. Bo: 13624	LEGALIZE PARI-MUTUEL WAGERING
512163.5561	
ELF.(,TIONS DIVISION	The Texas Racing Act (Senate Bill 15, Acts of the 69th
eo.e~12o6o	Legislature, 2nd Called Session, 1986) at section 16.01
s12+6s-s6so	states that a local option election to legalize pari-
b;,~o,,,,~F~,~~~	mutuel wagering on horse races or greyhound races may
eo.e~t2o7o	not be held before January 1, 1987. The statewide
s12+6s•s7o1	referendum proposition authorizing such wagering was
bATA SR3tVICB4	originally scheduled for a vote on November 4, 1986,
DrvisION	but, foreseeing that it might not be possible to hold
e°.e~lzae7
s1216s-ssos	the statewide referendum in 1986 the Le islature
a g
	amended the statute during the process of its enactment
svrroArseuvtccs	to provide that if the proposition could not appear on
DIVISION	the ballot in 1986, the proposition would appear on the
Puano,l bf.n.geownt	November 3, 1987, ballot, The Legislature could have
po•~1~7	made a parallel change in the provisions of the bill
slzl6s.s6oo	authorizing local option elections to state that they
su~HSe,vioea	should be held after the statewide referendum, for
PO•~1~7	example, after January 1
1988
but did not do so

5I2 X63-5600	,
,
.
sIS'I'a'rox~rlm-avcs	The issue of whether local option elections may be held
amstoN	at the same election as the statewide referendum has
co.po.aaooa	been presented to the Office of the Secretary of State.
Po-~1~7	The local option elections are authorized by the stat-
512163.ssss	ute, and there is nothin within its
g provisions which
Ses[utory bo~vmenu	expressly precludes presenting the statewide referendum
PO•Bo:1~7
s1216s~s6s1	and the local options elections to the voters at the
	same election. Whether the failure to postpone or
uar~cA~~.lcoa~	restrict the local option elections was intentional or
P.O. Bo:19193
s1z162alss	an oversi ht, the Le islature failed to su 1 within
g g PP Y
	the statute a rule imposing such a restriction. Under
	the rules of statutory construction, when the language
	of a statute is clear and unambiguous, it must be held
	to mean what it plainly expresses unless: (1) another
	section of the act restricts its meaning; (2) the
	provision is repugnant to the general purview of the
	act; or (3) the result of such an interpretation is
	absurd. Therefore, it must be concluded that the local
	option issue may be presented at the same election as
	the statewide referendum.
SOS OPINION JMR-1
Page 2
It might be argued against this result that the general
scheme set forth by the Act contemplated a statewide
referendum before the holding of county local option
elections. If that was the intent, and certainly it was
a part of the legislative purpose if the election could
have been held in November, 1986, the Legislature failed
to supply a rule by which that intent could be accom-
plished. Where the Legislature has failed to include
such a rule in a statute, one cannot be inserted into
the act by others.
Moreover, we cannot be safe in assuming that it was the
Legislature's intention to ensure that the statewide
referendum should precede the local option election in
every case. Certainly, if that were the intent, the
Legislature could have easily so stated. The absence of
any statement of such purpose suggests that there may
have been no such legislative intent. It can equally be
argued that the Legislature intended that the imple-
mentation of the Act should proceed with due and reason-
able expeditiousness and did not want to restrict local
option elections to the post-referendum period. It
could also be argued that the Legislature did not want
to impose unnecessarily the additional expenses of a
second election on the counties that wish to hold local
option elections.
Additionally, it must be noted that the Act became
effective at the end of the 90-day constitutional
period. The Act prohibited any local option election
before January 1, 1987, but did not prohibit such
elections thereafter. The Act did not make the holding
of local option elections contingent on the passage of
the statewide referendum, but instead provided that the
Act, of which the local options were a part, should not
be implemented further if the statewide referendum
failed.
No other section of the Act restricts the meaning of the
provision permitting local option elections to be held
after January 1, 1987. The result that local option
elections might be held prior to the date of the state-
wide referendum is not absurd or repugnant to the
general purview of the Act. Section 17.05 of the Act
specifically provides that if a majority of the votes
cast in the referendum are against the proposition,
pari-mutuel wagering may not be conducted under the Act.
If' the statewide referendum proposition fails, the
results of any local option election on the subject will
be a nullity.
SOS OPINION JMR-1
Page 3
Under these circumstances, we can r,~~ither supply a rule
not infer an intent that would preclude the holding of
the local option elections on the same day as the
statewide referendum.
For these reasons, it is the opinion of this office that
a county may hold a local option election on the ques-
tion of legalizing pari-mutuel wagering on November 3,
1987, at the same time as the statewide referendum on
the question of legalizing pari-mutuel wagering on a
county-by-county local option basis.
SUMMARY
A county may hold a local
pari-mutuel wagering under
taneously with the statewide
ACt.
option election to legalize
the Texas Racing Act simul-
referendum required by that
Y urs very t ly,
J ck M. Rains
S cretary of State
Randall H. Erben
Assistant Secretary of State
Christopher S. Shields
General Counsel to the Secretary of State
Prepared by Warren Thomas Harrison
Attorney, Elections Division
APPROVED:
OPINION COMMITTEE
Richard D. English, Chairman
Warren Thomas Harrison
Rebecca L. Payne
Edward M. Shack
jmrl/mhopl
ORDER N0. 17418
ORDER CALLING FOR A LOCAL OPTION ELECTION TO APPROVE LEGALIZING
PART-MUTUEL WAGERING ON HORSE RACES IN KERR COUNTY
THE STATE OF TEXAS X
COUNTY OF KERR X
On this the 24th day of August, 1987, the Commissioners' Court of
Kerr County, Texas convened in regular session open to the public,
at the regular meeting place thereof at the Courthouse in Kerr
County, Kerrville, Texas, with the following members of the Court
present, to wit:
DANNY R. EDGdARDS,
FRED HOLLAND,
BILL RAY,
VICTOR LICH,
H. A. BALDWIN,
PATRICIA DYE,
County Judge
Commissioner Precinct 1
Commissioner Precinct 2
Commissioner Precinct 3
Commissioner Precinct 4
Clerk of the County Court
and Ex-Officio Clerk of the
Commissioners' Court of
Kerr County, Texas
and the following absent members: None
constituting a quorum, and among other proceedings, passed the
following order:
There came on to be considered a Local Option Election to approve
the Legalizing of pari-mutuel wagering on horse racing in Kerr
County, Texas, as enacted under Texas Racing Act, and authorized
by Article 179e, Tex. Rev. Civ. Stat. Ann. (Vernon Supp. 1987),
and ARTICLE I6, Sec. 16.02, for the purpose of submitting to the
legally qualified voters of said County the determination of the
following issue, to wit:
FOR "Legalizing pari-mutuel wagering on horse races
in Kerr County"
AGAINST "Legalizing pari-mutuel wagering on horse races
in Kerr County",
and that said election shall be held on November 3, 1987 in each
Election Precinct as required by law, and by such persons as
designated by the Commissioners' Court.
The polls at each of the designated polling places shall on said
election date be open from 7:00 o'clock A.M, to 7:00 o'clock P.M.
Said ballot shall also have printed thereon the proposition appro-
priate to this election in the exact language stated in Article
179e, Tex. Rev. Civ. Stat. Ann. (Vernon Supp. 1987), ARTICLE 16,
Sec. 16.11, to wit:
FOR "Legalizing pari-mutuel wagering on horse races
in Kerr County"
AGAINST "Legalizing pari-mutuel wagering on horse races
in Kerr County".
Notice of said election shall be given as required by Section
4.003 of the Texas Election Code and Article 179e, Texas Revised
Civil Statutes Ann. (Vernon Supp. 1987).
Absentee voting for said election shall be conducted by the County
Clerk, Kerr County Courthouse, Kerrville, Texas in accordance with
the terms and provisions of the Texas Election Code. Absentee vot-
ing will begin October 14, 1987 and continue through October 30,
1987 during regular office hours.
It is further found and determined that written notice of the date,
hour, place and subject of this meeting was posted on the bulletin
boards located at places convenient and readily accessible to the
general public at all times at the County Courthouse at Kerrville,
Texas, at least 72 hours preceding the scheduled time of this meeting.
Motion made by Commissioner Ray, seconded by Commissioner Holland,
that the same do pass.
Thereupon, the question being called for, the following members of
the Court voted "AYE: Commissioner Fred Holland, Commissioner Bill
Ray, and Commissioner Victor Lich;
the following members voted "NAY": Commissioner H. A. Baldwin;
and the following members "ABSTAINED FROM VOTING":
County Judge Danny R. Edwards.
Whereupon the Order was declared to have been approved by a majority
vote of Commissioners' Court.
PASSED, APPROVED AND ADOPTED this the 24th ay of August, 1987.
lac:. d'~r/~~
anny Edwards
Count Judge, Kerr County, Texas
ATTEST:
PATRICIA DYE
Clerk of the County Court
. .;,r
,, ~~.
s., ~ y~
_.._ p,
`~
r~, ,,,
..-o
ORDER NO. 17418
ORDER CALLING FOR A LOCAL
OPTION ELECTION TO APPROVE
LEGALIZING PARI-MUTUEL
WAGERING ON HORSE RACES IN
KERB COUNTY
8-24-87

pOL. Q, Pages. 455-456