(a) A person commits an offense if, without a license, the person in any capacity participates or is otherwise involved in horse racing or greyhound racing with pari-mutuel wagering.
(b) An offense under Subsection (a) is a Class A misdemeanor, unless the actor was required by this subtitle to obtain a racetrack license, in which event the offense is a state jail felony.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
State jail felonybetween 180 days and 2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $4,000
For details, see Texas Penal Code § 12.35 and Texas Penal Code § 12.21

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Terms Used In Texas Occupations Code 2033.003

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) It is an affirmative defense to prosecution under Subsection (a) that the actor was a spectator or a person placing a wager.