CHAPTER 2052. COMBATIVE SPORTS

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OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE B. SPORTS

CHAPTER 2052. COMBATIVE SPORTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2052.001. LEGISLATIVE DECLARATION. This chapter shall be

liberally construed and applied to promote its underlying

purposes.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2052.002. DEFINITIONS. In this chapter:

(1) "Amateur" means a person who has never received or competed

for any purse or other thing of value, including reimbursement

for expenses related to training or to participation in a

combative sports event, that exceeded the maximum amount

established by an amateur combative sports association.

(2) "Amateur combative sports association" means an organization

that has nonprofit status under the laws of this state or under

federal law and that produces, arranges, advertises, conducts, or

stages combative sports events in which all the contestants are

amateurs.

(3) "Boxing" means to compete with the fists.

(4) "Combative sports" means sports, including boxing,

kickboxing, martial arts, and mixed martial arts, in which

participants voluntarily engage in full contact to score points,

to cause an opponent to submit, or to disable an opponent in a

contest, match, or exhibition. The term does not include student

training or exhibitions of students' skills conducted by martial

arts schools, or associations of schools, where the students'

participation is for health and recreational purposes rather than

competition and where the intent is to use only partial contact.

(5) "Commission" means the Texas Commission of Licensing and

Regulation.

(6) "Contest" means a combative sports engagement in which the

participants strive earnestly to win.

(7) "Department" means the Texas Department of Licensing and

Regulation.

(8) "Elimination tournament" means a combative sports contest in

which contestants compete in a series of matches until not more

than one contestant remains in any weight category. The term

does not include an event described by Section 2052.110.

(9) "Executive director" means the executive director of the

department or the executive director's designated representative.

(10) "Exhibition" means a combative sports skills demonstration.

(11) "Event" means a contest, match, or exhibition.

(11-a) "Event coordinator" means a person who performs any

function to arrange, conduct, or stage a combative sports event

promoted by another person, other than a permanent full-time

employee of the promoter of the event. The term does not include

an employee of an event coordinator.

(12) "Judge" means a person who is responsible for scoring the

performances of the participants in a match.

(13) "Kickboxing" means to compete by delivering blows with the

fists, arms, feet, legs, or any combination thereof.

(14) "Martial arts" means any one of the individual disciplines

described by rule adopted by the commission in which the

contestants engage in unarmed combat using the applicable

techniques to grapple with, kick, or strike an opponent to win a

contest by causing an opponent to submit or by scoring points

against or disabling an opponent.

(15) "Match" means any contest or exhibition.

(16) "Mixed martial arts" means unarmed combat involving the use

of a combination of techniques from different disciplines of the

martial arts including grappling, kicking, and striking and may

include the use of full, unrestrained physical force.

(17) "Professional combative sports contestant" means a person

who competes in a combative sports event in this state conducted

for a purse or compensation.

(18) "Promoter" means any person who produces, arranges,

advertises, conducts, or stages a combative sports event.

(19) "Referee" means a person who:

(A) is present in the ring during a match; and

(B) exercises general supervision of the match.

(20) "Ringside physician" means an individual licensed to

practice medicine in this state who is registered with the

department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.001, eff. Jan.

1, 2004; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.501(b), eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

467, Sec. 1, eff. September 1, 2007.

Sec. 2052.003. APPLICABILITY OF OTHER LAW. Section 51.401 does

not apply to this chapter.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.002, eff. Jan. 1,

2004.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 2052.051. ADMINISTRATION OF CHAPTER. The department shall

administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2052.052. RULES. (a) The commission shall adopt

reasonable and necessary rules to administer this chapter.

(b) The commission may adopt rules:

(1) governing boxing, kickboxing, martial arts, or mixed martial

arts contests and exhibitions;

(2) establishing reasonable qualifications for an applicant

seeking a license or registration from the department under this

chapter;

(3) recognizing a sanction, medical suspension, or

disqualification of a licensee or registrant by a combative

sports authority in any state, provided that if licensure or

registration is denied based on those actions, an applicant has

an opportunity for a hearing as prescribed by rule;

(4) establishing practice requirements or specialty

certifications that a person licensed to practice medicine in

this state must meet to register as a ringside physician;

(5) requiring a contestant to present with an application for

licensure or license renewal documentation of recent blood test

results that demonstrate whether the contestant is free from

hepatitis B virus, hepatitis C virus, human immunodeficiency

virus, and any other communicable disease designated by

commission rule and providing that a contestant's failure to

provide the required blood test results disqualifies the

contestant;

(6) providing that to participate in any event a contestant must

be free of hepatitis B virus, hepatitis C virus, human

immunodeficiency virus, and any other communicable disease

designated by rule;

(7) requiring that a contestant present with an application for

licensure or license renewal documentation of the results of a

physical examination, including an ophthalmologic examination,

and providing for disqualification of a contestant who is

determined by an examining physician to be unfit;

(8) establishing additional responsibilities for promoters; and

(9) governing regulated amateur events.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.004, eff. Jan.

1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 2, eff. September 1, 2005.

Sec. 2052.053. INVESTIGATIVE AUTHORITY. (a) The executive

director shall investigate allegations of activity that may

violate this chapter.

(b) The executive director may enter, at a reasonable time, a

place of business or an establishment in which activity alleged

to violate this chapter may occur. The executive director is not

required to give advance notice before entering.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.064, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.503, eff. Sept.

1, 2003.

Sec. 2052.054. CONTINUING EDUCATION. (a) The commission may

recognize, prepare, or administer continuing education programs

for persons licensed under this chapter.

(b) Participation in a continuing education program under

Subsection (a) is voluntary.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.005, eff. Jan.

1, 2004.

Sec. 2052.055. MEDICAL ADVISORY COMMITTEE. (a) The presiding

officer of the commission, with the commission's approval, may

appoint a medical advisory committee to advise the department

concerning health issues for combative sports event contestants.

(b) If the commission elects to appoint an advisory committee,

the commission by rule shall establish:

(1) the number of committee members;

(2) qualifications for appointment to the committee; and

(3) the purpose and duties of the committee.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.006, eff. Jan. 1,

2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 3, eff. September 1, 2005.

SUBCHAPTER C. LICENSING, REGISTRATION, AND PERMITS

Sec. 2052.101. PROMOTER LICENSE. A person may not act as a

promoter unless the person holds the appropriate license issued

under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 4, eff. September 1, 2005.

Sec. 2052.102. PROMOTER LICENSE APPLICATION REQUIREMENTS. (a)

An applicant for a promoter's license under this chapter must

apply on a form furnished by the executive director.

(b) An application must be accompanied by:

(1) a license fee in an amount set by the commission; and

(2) a surety bond:

(A) subject to approval by the executive director; and

(B) conditioned on the applicant's payment of the tax imposed

under Section 2052.151.

surety bond required under Subsection (b). The bond amount may

not be less than $300.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.065, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.505, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

35, Sec. 6, eff. September 1, 2005.

Sec. 2052.107. OTHER COMBATIVE SPORTS LICENSES.Unless a person

holds a license or registration issued under this chapter, the

person may not act as a combative sports:

(1) professional contestant;

(2) manager of a professional contestant;

(3) referee;

(4) judge;

(5) second;

(6) timekeeper;

(7) matchmaker;

(8) ringside physician; or

(9) event coordinator.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.008, eff. Jan.

1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 7, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

467, Sec. 2, eff. September 1, 2007.

Sec. 2052.108. APPLICATION REQUIREMENTS FOR OTHER LICENSES. (a)

An application for a license under Section 2052.107 must be made

on a form furnished by the executive director.

(b) An application must be accompanied by the required license

fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.066, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.506, eff. Sept.

1, 2003.

Sec. 2052.109. SURETY BOND. (a) A surety bond required under

this subchapter must:

(1) be issued by a company authorized to conduct business in

this state;

(2) comply with the applicable requirements of the Insurance

Code;

(3) be payable to the state for use by the state or a political

subdivision that establishes that the boxing or wrestling

promoter is liable to it for damages, penalties, taxes, or other

expenses resulting from promotional activities conducted in this

state; and

(4) be open to more than one claim, except that the claims may

not exceed the face value of the bond.

(b) A person required to file a surety bond under this

subchapter shall file a new bond annually.

writing of the cancellation of the bond not later than the 30th

day before the date on which the bond is canceled.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2052.110. LICENSE AND BONDING EXCEPTIONS. If the

contestants are amateurs, the licensing and bonding requirements

of this chapter do not apply to:

(1) an event conducted by a college, school, or university that

is part of the institution's athletic program in which only

students of educational institutions participate;

(2) an event which is conducted by a troop, battery, company, or

unit of the Texas National Guard or a law enforcement agency and

in which only members of military or law enforcement

organizations participate; or

(3) an event which is conducted by an organization of the

Olympic Games, the Paralympic Games, or the Pan-American Games

and in which participants train or compete for advancement to or

within the games.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.009, eff. Jan.

1, 2004; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.507, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 8, eff. September 1, 2005.

Sec. 2052.111. DENIAL OF APPLICATION. The executive director

may deny an application for a license or registration if:

(1) the applicant does not meet the qualifications for the

license or registration; or

(2) after conducting an investigation and providing an

opportunity for a hearing, the executive director determines that

the applicant has violated this chapter or a rule adopted under

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.067, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.507, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 9, eff. September 1, 2005.

Sec. 2052.113. LICENSE AND PERMIT REQUIRED FOR CLOSED CIRCUIT

TELECAST. A person who exhibits in this state a simultaneous

telecast of a live, spontaneous, or current combative sports

event on a closed circuit telecast in which a fee is charged for

admission to the telecast must:

(1) hold a promoter's license under this chapter; and

(2) obtain a permit for the closed circuit telecast.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 10, eff. September 1, 2005.

Sec. 2052.114. LICENSE, REGISTRATION, AND PERMIT TERM AND

RENEWAL. (a) A license, registration, or permit issued under

this chapter is valid for one year after the date of issuance.

(b) The holder of a license, registration, or permit may renew

the license, registration, or permit by paying a renewal fee and

complying with other renewal requirements prescribed by

department rule before the expiration date. The department shall

issue a renewal certificate to the holder at the time of renewal.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.010, eff. Jan. 1,

2004.

Sec. 2052.115. PROMOTER RESPONSIBILITIES. For each promoted

event, a promoter shall:

(1) assure that all contestants scheduled to participate are

licensed before the event;

(2) provide that an ambulance, serviced by at least two

emergency medical technicians, is present on the premises where

the event is held;

(3) provide for a physical examination of each contestant that

complies with rules adopted under this chapter; and

(4) comply with all commission rules.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.010, eff. Jan. 1,

2004.

Sec. 2052.116. AMATEUR COMBATIVE SPORTS ASSOCIATION

REGISTRATION. A person may not act as an amateur combative

sports association unless the person is registered under this

chapter.

Added by Acts 2005, 79th Leg., Ch.

35, Sec. 11, eff. September 1, 2005.

Sec. 2052.117. AMATEUR COMBATIVE SPORTS ASSOCIATION REGISTRATION

REQUIREMENTS. (a) An applicant for registration as an amateur

combative sports association must apply on a form acceptable to

the executive director.

(b) An application must be accompanied by:

(1) a registration fee in the amount set by the commission;

(2) proof of compliance with requirements established by rule

for:

(A) insurance; and

(B) surety bonds, if any;

(3) a copy of the rules of the association establishing

standards of conduct for contestants and officials; and

(4) proof that the association is recognized or organized as a

nonprofit organization under the laws of this state or has such

status under federal law.

Added by Acts 2005, 79th Leg., Ch.

35, Sec. 11, eff. September 1, 2005.

SUBCHAPTER D. GROSS RECEIPTS TAX

Sec. 2052.151. IMPOSITION AND RATE OF TAX. (a) A tax is

imposed on a person who:

(1) conducts a combative sports event in which a fee is charged

for admission to the event; or

(2) exhibits in this state a simultaneous telecast of a live,

spontaneous, or current combative sports event on a closed

circuit telecast, in which a fee is charged for admission to the

telecast.

(b) The tax is three percent of the gross receipts obtained from

the sale of tickets to the event, plus three percent of gross

receipts received from sales of broadcast rights or $30,000,

whichever is less.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.011, eff. Jan.

1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 12, eff. September 1, 2005.

Sec. 2052.152. TAX REPORT AND PAYMENT. (a) A person on whom a

tax is imposed under Section 2052.151, not later than three

business days after the end of the event or telecast for which

the tax is due, shall submit to the department a verified report

on a form acceptable to the department stating:

(1) the number of tickets sold to the event;

(2) the ticket prices charged;

(3) the gross price charged for the sale or lease of

broadcasting, television, and motion picture rights without any

deductions for commissions, brokerage fees, distribution fees,

advertising, or other expenses or charges; and

(4) the amount of gross receipts obtained from the event.

(b) The person shall attach to the report a cashier's check,

check, or money order payable to this state in the amount of the

tax imposed on the event covered by the report.

(b).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.012, eff. Jan.

1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 13, eff. September 1, 2005.

Sec. 2052.153. CLOSED CIRCUIT TELECAST. A person exhibiting a

simultaneous telecast of a live, spontaneous, or current

combative sports event on a closed circuit telecast that occurs

in Texas in which a fee is charged for admission to the

exhibition:

(1) must:

(A) be a promoter; and

(B) obtain a permit for each telecast exhibited; and

(2) shall comply with the tax provisions of Sections 2052.151

and 2052.152.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 14, eff. September 1, 2005.

SUBCHAPTER F. OTHER COMBATIVE SPORT REGULATIONS

Sec. 2052.251. GLOVES. A combative sports event contestant

shall wear gloves of the type and weight specified by commission

rule, unless the commission by applicable rule requires or

permits contestants to not wear gloves.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.015, eff. Jan.

1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 15, eff. September 1, 2005.

Sec. 2052.252. REGULATED AMATEUR EVENTS. (a) This section

applies to an amateur combative sports event, other than an event

described by Section 2052.110, in which a fee is charged for

admission to the event.

(b) The amateur combative sports association sponsoring or

producing the event shall register with the department not later

than 30 days before the date the event begins.

approves the event not later than seven days before the date the

event begins.

(d) Each contestant in the event must have been a member of the

amateur combative sports association for the 30-day period

immediately preceding the date the event begins and must be a

member on the date of the event.

(e) The amateur combative sports association shall determine the

amateur standing of the event contestants and shall establish

training programs consisting of at least 30 days of training for

each contestant.

(f) The event is subject to the supervision of the executive

director.

(g) Each contestant participating in the event must be examined

by a licensed physician within a reasonable time before the event

begins. A licensed physician must be present at ringside during

the entire event.

(h) A professional combative sports contestant licensed under

this chapter may not participate as a contestant in the event.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.016, eff. Jan.

1, 2004; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.510, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

35, Sec. 16, eff. September 1, 2005.

Sec. 2052.253. KICKBOXING. A professional kickboxing event must

be fought on the basis of the contestants' best efforts.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2052.254. ELIMINATION TOURNAMENTS. An elimination

tournament may not be conducted in this state.

Added by Acts 2005, 79th Leg., Ch.

35, Sec. 17, eff. September 1, 2005.

SUBCHAPTER G. DISCIPLINARY PROCEDURES; CRIMINAL OFFENSE

Sec. 2052.3015. PROMOTER PENALTY FOR LATE LICENSE. A promoter

who does not comply with Section 2052.115(1) in a timely manner

is subject to a penalty under this chapter for each contestant

who obtains a license less than 72 hours before an event in which

the contestant is scheduled to participate.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 7.017, eff. Jan. 1,

2004.

Sec. 2052.302. WITHHOLDING OF PURSE AND FORFEITURE OF PURSE.

(a) The executive director may order a promoter to withhold any

purse or other funds payable to the holder of a license or

registration under this chapter if it appears more likely than

not that the holder has violated this chapter or a rule adopted

under this chapter.

(b) The promoter shall surrender any purse or funds withheld as

provided by Subsection (a) to the executive director on demand.

Not later than the fifth working day after the event, the

department shall notify in writing the promoter and any person

from whom a sum was withheld of the date of a hearing to

determine whether all or part of the purse or funds withheld

should be forfeited to the state. The hearing must be scheduled

for a date not later than the 10th day after the date of the

notice. Not later than the 10th day after the date of the

hearing, the executive director shall enter an order with

findings of fact and conclusions of law determining whether all

or part of the purse or funds should be forfeited. Any funds not

forfeited shall be distributed to the persons entitled to the

funds.

proceeding under this section shall be conducted in the manner

provided by Chapter 2001, Government Code.

(d) A person aggrieved by an order entered under this section

may appeal the order by filing a petition in a district court in

Travis County in the manner provided by Chapter 2001, Government

Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.018, eff. Jan.

1, 2004; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.511, eff. Sept.

1, 2003.

Sec. 2052.303. CIVIL PENALTY; INJUNCTION. (a) A court may

assess a civil penalty against a person who violates this chapter

or a rule adopted under this chapter. The amount of the penalty

may not exceed $1,000 for each violation.

(b) The attorney general or the department may file a civil suit

to:

(1) assess and recover a civil penalty under Subsection (a); or

(2) enjoin a person who violates or threatens to violate this

chapter or a rule adopted under this chapter from continuing the

violation or threat.

court in Travis County.

(d) A civil penalty assessed under this section shall be paid to

this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2052.304. PETITION FOR REVIEW. (a) A person may seek

review of a decision or an order of the executive director or the

commission under this chapter by filing a petition for review in

a district court in Travis County.

(b) Chapter 2001, Government Code, governs any proceeding under

this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 7.019, 7.020(5),

eff. Jan. 1, 2004.

Sec. 2052.308. APPEAL. (a) The petitioner or executive

director may appeal a final judgment of a court conducting a

review under this subchapter in the same manner as a civil

action.

(b) The executive director is not required to file an appeal

bond.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.069, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.515, eff. Sept.

1, 2003.

Sec. 2052.309. CRIMINAL OFFENSE. (a) A person commits an

offense if the person violates this chapter or a rule adopted

under this chapter.

(b) An offense under this section is a Class A misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

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