Attorneys for the Texas Horsemen's Partnership, LLP (THP) filed an “Original Petition for Declaratory Judgment and Application for Temporary and Permanent Injunction” in the District Court of Travis County, Texas, against Glen Hegar in his official capacity as Comptroller of Public Accounts for the State of Texas Thursday. At question is the constitutionality of a Legislative Budget Board (LBB) appropriations rider, Rider 7, that is currently limiting funding of the Texas Racing Commission (TRC).
Although the LBB has authorized the TRC to use funds appropriated for other purposes to keep the agency open temporarily, access to those funds will expire Feb. 29 and the LBB has indicated that it will not approve any further stopgap measures to keep the TRC operating beyond that date. In addition, defendant Hegar has indicated that he is unable to issue any warrants, electronic fund transfers, or debits to pay for the TRC's central administration and other support services without the LBB's approval. Accordingly, absent relief from the District Court of Travis County, the TRC will cease all operations on Mar. 1, which will result in an immediate shut down of the entire Texas horse racing industry.
“We believe the actions of the Legislative Budget Board are unconstitutional, and we believe we have no choice other than legal action to protect the Texas horse racing industry and the livelihoods of thousands of Texans horsemen and other Texas business owners and employees who depend on the continued existence of our industry,” a release from the Texas Horsemen's Partnership read.
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