TDLR

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November 19, 2009

The Texas Department of Licensing and Regulation (“Department”) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 81, §§61.1, 61.10, 61.22, 61.30, 61.40, 61.44 and 61.105 regarding the combative sports program.  These proposed rule changes were recommended by the Medical Advisory Committee at its meeting on October 30, 2009, in order to make appropriate clarifications in the rules for combative sports.

The proposed amendments will be published in the November 20, 2009, issue of the Texas Register.  The Department will accept comments on the proposal until December 21, 2009.

Proposed Amendments to Combative Sports Administrative Rules

Chapter 61. Combative Sports
Proposal Filed:  November 9, 2009 – Published in the Texas Register:  November 20, 2009
Deadline for Public Comment:  December 21, 2009

Underlined text is new language.
[Strike-through text] is deleted language.

The Texas Department of Licensing and Regulation (“Department”) proposes amendments to existing rules at 16 Texas Administrative Code (“TAC”), §§61.1, 61.10, 61.22, 61.30, 61.40, 61.44 and 61.105 regarding the Combative Sports program.

These proposed rule changes are necessary to make appropriate clarifications in the rules for combative sports.  These proposed rule changes were recommended by the Medical Advisory Committee at its meeting on October 30, 2009.

The Department proposes to amend §61.10 to include a new definition of “Federal Identification Card” which is a nationally recognized identification card required to compete in a combative sports event.  The remaining definitions are renumbered appropriately.

The Department proposes to amend §61.22(b) to allow Judges applying for a license or license renewal to provide the Department with the results of a visual acuity test that has been performed within three years instead of one year, as is currently required.  Because few states require ophthalmologic exams for Judges, at times, Judges who reside out-of-state and who are contracted to work events in Texas, are not able to do so because they have not had an eye exam within the last year.  This amendment is proposed to make it less burdensome for Judges from out-of-state to officiate at events in Texas.

The Department proposes to amend §61.30(b), (c), (e), (f)(1), (f)(2)(D), (f)(5), (g) - (k), and (m) - (q) to add the phrase “or his designee” after the term “Executive Director”.  The proposed amendments are added to provide clarification that the Executive Director may designate an individual to act on his behalf in regulating combative sports events and to conform with §61.30(a) which provides that the Executive Director, or his designee, has complete authority over all phases of an event.

The Department proposes to amend §61.40(b)(3) to add the term “boxing” before registry and to include the national registry for Mixed Martial Arts (“MMA”) contestants.  These amendments are proposed to distinguish the national boxing registry from the national mixed martial arts registry and to require promoters to provide current results for MMA contestants from the MMA national registry.

The Department proposes to add §61.40(b)(14) to require that a promoter schedule a minimum of six bouts for each MMA event and a maximum of 15 bouts.  The remaining paragraphs are renumbered appropriately.

The Department proposes to amend §61.40(b)(15)(A) to change the term cameramen to camera operators and to add the phrase “or his designee” after the term “Executive Director”.  The Department proposes to amend §61.40(b)(15)(B) to add the phrase “or his designee” after the term “Executive Director”.

The Department proposes to amend §61.40(b)(15)(C) to include the terms neck brace, defibrillator, backboard and portable suction to the portable medical equipment required to be on site for all contests.  These items are currently being provided on site for all contests and this amendment reflects current emergency medical technician practices.  The Department also proposes to add the phrase “or his designee” after the term “Executive Director”.

The Department proposes to amend §61.40(b)(16) to require the promoter to pay by check or money order the licensing fees of seconds, managers or ringside physicians, in addition to contestants, who are not licensed at the time of the weigh-in.

The Department proposes to amend §61.40(d)(4) to change the term “sworn inventory” to “verified report” to conform to the statutory language of Texas Occupations Code §2052.152.  The Department proposes additional language that the report must be on a department-approved form.

The Department proposes to amend §61.40(d)(7) to change the term boxing event to combative sport event to include mixed martial arts and to amend §61.40(d)(10) to include the phrase “or his designee” after the term “Executive Director”.

The Department proposes to amend §61.44(c) to require that the manager “or his designee” must attend the referee’s rules meeting prior to the first contest of an event.  This amendment is proposed to address situations where a manager with contestants in different locations is unable to be present at both rule’s meetings.

The Department proposes to amend §61.105(b) to change “physicians scales” to “a department-approved scale” to also allow for the use of digital scales.

In addition to the changes identified above, the Department has made a few grammatical and technical corrections to the rules as proposed which include changing the terms “Commission,” “Department,” and “Executive Director” to lower case to match the use of the terms in the statute.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the proposed amendments.

Mr. Kuntz also has determined that, for each year of the first five-year period the amendments are in effect, the public will benefit from the proposed amendments to the rules that provide greater clarity and, therefore, certainty in the administration of the combative sports program.  There will be no adverse economic effect on small or micro-businesses and to persons who are required to comply with the proposal.

Since the agency has determined that the proposed amendments will have no adverse economic effect on small business, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002 is not required.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: caroline.jackson@license.state.tx.us.  The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapters 51 and 2052, which authorizes the Department to adopt rules as necessary to implement this chapter 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.

Please check out the State Website for the wording on each proposed article.  CLICK

Sylvester received a $3,000 administrative penalty and was ordered to comply with all Combative Sports laws and rules.

Cameron Park, d/b/a Rock Solid Promotions of Houston, received a $3,000 penalty for the following violations:

• Allowed alcohol in the technical zone, an alcohol-free area
• Failed to provide a technical zone large enough to accommodate emergency medical personnel

To find out more about TDLR�s Combative Sports program visit http://www.license.state.tx.us/sports/sports.htm.