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RULE REVIEW─NOTICE OF INTENT TO REVIEW

Chapter 61. Combative Sports
Deadline for comments—August 10, 2009

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 61, Combative Sports. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to 512/475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

Proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§61.1. Authority
§61.10. Definitions
§61.20. General Licensing Requirements
§61.21. Licensing Requirements--Referees
§61.22. Licensing Requirements--Judges
§61.23. General Prohibitions
§61.24. Practice Requirements--General
§61.30. Responsibilities and Authority of the Department
§61.40. Responsibilities of the Promoter
§61.41. Responsibilities of the Referee
§61.42. Responsibilities of Judges
§61.43. Responsibilities of Seconds
§61.44. Responsibilities of Managers
§61.45. Responsibilities of Timekeepers
§61.46. Responsibilities of Ringside Physicians
§61.47. Responsibilities of Contestants
§61.48. Responsibilities of Amateur Combative Sports Associations
§61.49. Certain Amateur Events
§61.80. Fees
§61.91. Sanctions and Penalties
§61.105. Weight Categories and Weigh-in--Boxing and Kickboxing
§61.106. Ring and Glove Requirements--Boxing and Kickboxing Contests
§61.107. Boxing
§61.108. Kickboxing
§61.110. Martial Arts
§61.111. Mixed Martial Arts
§61.112. Muay Thai Fighting
§61.120. Medical Advisory Committee
Issued in Austin, Texas on June 29, 2009.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Logo Contest Winner Announced

Congratulations to the winner of the Combative Sport 75th Anniversary Logo Contest, In Motion Design. Take a look at the winning design!

In Motion Design will be awarded two ringside passes to any Combative Sports Event in Texas prior to August 31, 2008.

Justification for Adoption of New Administrative Rules §61.48 and §61.80

The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to an existing rule at 16 Texas Administrative Code, (“TAC”), Chapter 61, §61.48 regarding the regulation of combative sports as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5271), without changes.  The Commission also adopted amendments to §61.80 regarding the combative sports program fees as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9203), without changes. The adoption takes effect March 1, 2008.

Section 61.48(e) is amended to increase the minimum insurance coverage that is required to be provided by an amateur combative sports association (ACSA) so that the coverage required for injuries sustained in an event is $50,000 and for payment in the case of death is $100,000.  Subsection 61.48(h)(3) is amended to require that the physicians provided for an event by an ACSA must be registered by the department.  Since physicians that register with the department are required to be licensed, this subsection is also amended to delete the requirement in this subsection that the physician must be licensed.

The Department drafted and distributed proposed rule §61.48 to persons internal and external to the agency.  The proposal was published in the Texas Register on August 24, 2007.  The comment period closed on September 24, 2007.  The proposed amendment to §61.48 was submitted to the Medical Advisory Committee at its meeting on July 27, 2007 along with 11 other amendments.  Written comments on §61.48(e) were received from The Texas Amateur Mixed Martial Arts Association (TAMMA) and an individual.  At the October 30, 2007, Commission meeting, TAMMA officials also presented oral comments.  The Commission adopted the 11 other proposed amendments to the combative sports rules effective December 1, 2007, but directed staff to re-consider the recommendation to amend §61.48 in light of the comments submitted on this proposed amendment.

The comment from TAMMA stated that its insurance company is unable to write insurance policies for amateur events above a $50,000 death benefit.  Further, TAMMA asserted that the increased limits would effectively stop all amateur events in Texas; TAMMA events had not had a single serious injury or claim in the last 10 months; and admission price increases would not be able to support the increased cost of the requirement.  The individual commenter noted that such an increase was arbitrary and unduly burdensome especially since there had been no significant injuries to an amateur competitor in a sanctioned event.  The commenter expressed the concern that this rule amendment would limit licensed and regulated events and therefore increase underground unlicensed and inherently dangerous competitions.

The oral comments at the Commission meeting restated the two main contentions that were expressed in writing: 1) that there is only one company that will provide insurance at the proposed level; and 2) that the cost for that coverage would create a financial burden in excess of the income potential for these amateur events, thus effectively ending these worthwhile activities.

Additional research by staff identified at least two companies that provide insurance coverage with a $100,000 death benefit.  Historically, there have not been a large number of insurance providers in this field.  This research confirmed that the cost of the additional coverage would increase in the range of $500 to $2000, depending on the deductible and other conditions of the policy.  Staff disagrees with the comments that the increased insurance coverages will be difficult to obtain and will be prohibitively expensive.  While the increased cost may be viewed as significant, staff nonetheless maintains that the increased cost is minimal in comparison to the risk to which these individuals are exposed and in light of the level of injuries that can be sustained in these events.  The amendment is adopted as proposed.

The amendment to §61.80 reduces the annual license application and renewal fees for a contestant from $30 to $20 and reduces the permit fee per live professional event and the simultaneous telecast of a live contest on a closed circuit telecast in which fees are charged for admission, from $500 to $100.

The Department is required to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The fees currently in place are above the amount required by the Department to cover costs.  The decrease will not adversely affect the administration and enforcement of the combative sports program.

The Department drafted and distributed proposed rule §61.80 to persons internal and external to the agency.  The proposal was published in the Texas Register on December 14, 2007.  The comment period closed on January 14, 2007.  No public comments were received regarding the proposed rule.

The amendments to §61.48 and §61.80 are adopted under Texas Occupations Code, Chapters 51 and 2052, which authorize the Department to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.  The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 2052.  No other statutes, articles, or codes are affected by the adoption.

§61.48.  Responsibilities of Amateur Combative Sports Associations.

(a) An amateur combative sports association (ACSA) must provide to the Department proof that it is either a non-profit organization chartered by the State of Texas or that it is approved as a non-profit organization under the provisions of the Internal Revenue Code.

(b) An ACSA shall file with the Executive Director rules for conducting the organization’s affairs and the conduct of its members. The rules:

(1) Must include provisions to:

(A) Establish conditions for membership;

(B) Provide guidelines for training its members in preparation for a contest;

(C) Establish a minimum training period before a contest;

(D) Indicate which class(es) of combative sports the ACSA will conduct;

(E) Require that all referees participating in events conducted by the ACSA are licensed by the Department; and,

(F) Either:

(i) Adopt, as appropriate, rules set out below for boxing, kickboxing, mixed martial arts, and muay thai; or,

(ii) Establish the ACSA’s rules for a class or classes of events it will sponsor; and,

(2) May include provisions to:

(A) Provide for payment of actual expenses, up to an established maximum, for the contestants who participate in an event; and,

(B) Allow members of other ACSAs to participate as a visiting member in an event conducted by it without the other ACSA participating in the conducted event, so long as it ascertains that the visiting member is qualified under the rules to be a contestant in the event.

(c) An ACSA may not conduct or participate in any event unless it has received Executive Director’s written approval of rules required in subsection (b) of this section.

(d) An ACSA that has adopted rules permitted under subsection (b)(2) of this section must, before it sponsors or participates in any event, submit to the Executive Director a $15,000 surety bond, written by a bonding company authorized to do business in the State of Texas, guaranteeing payment of gross receipts taxes owed for promoted events, which shall remain in effect for four years after the effective cancellation date.

(e) An ACSA shall provide insurance and pay all deductibles for contestants, to cover medical, surgical and hospital care with a minimum limit of $50,000 for injuries sustained while participating in a contest and $100,000 to a contestant’s estate if he dies of injuries suffered while participating in a contest.  At least ten calendar days before an event the ASCA shall provide to the Department for each event to be conducted, a certificate of insurance showing proper coverage.  The ASCA shall supply to those participating in the event the proper information for filing a medical claim.

(f) An ACSA shall ensure that all contestants participating in contests it conducts are amateurs.

(g) An ACSA may not allow any person who has not been a member of the ACSA for at least thirty days to participate as a contestant in any event in which the ACSA participates.

(h) An ACSA conducting an event shall:

(1) Bear all financial responsibility for the event.

(2) Provide the Department written notice of all proposed event dates, ticket prices, and participants of the main event, at least 21 days before the proposed event date and obtain written approval from the Department to promote the event prior to advertising or selling tickets.

(3) Provide two physicians, that are registered by the Department for each event.

(4) Provide at least one licensed physician to conduct pre-fight physicals.  Provide a private area for the physician to perform pre-fight examinations.

(5) Assure that beverages are only allowed in paper or plastic cups at the event.

(6) Assure that no alcoholic beverages or illegal drugs are in the dressing room.

(7) Ensure the safety of the contestants, officials, and spectators.

(A) There shall be a pre-fight plan and route to remove an injured contestant from the ring and arena.  Upon request, the promoter shall inform the Department of these plans.  The plan shall include the name and location of a local hospital emergency room.

(B) A sufficient number of security personnel shall be retained to maintain order.

(8) Ensure that the rules set forth herein below regarding equipment and gloves that apply to a particular type of event are followed.

(9) Ensure that each contest is conducted as provided by the ACSA's rules approved by the Department.

(10) Ensure that each event has the appropriate equipment as described by the ACSA's rules approved by the Department.

(11) Ensure that all advertising concerning an event to be conducted indicates that it is an amateur event, and includes the name of the ACSA that will conduct the event.

(i) Tickets

(1) All tickets shall have printed on each half, the price including any service surcharge or handling fee, and the event date.

(2) Roll tickets with consecutive numbers shall be sold only at the box office on the day of the show.

(3) If there is no ticket manifest, tickets of different prices shall be printed on different colored ticket stock.

(4) Tickets shall not be sold for more than the actual capacity of the location where the event is held.

(5) ACSA's shall hold tickets of every description used for any event for at least 30 days after the event.  The tickets shall be kept in separate packages for each event for audit purposes.

(j) An ACSA shall submit to the Department a tax report and a 3% gross receipts tax payment within three business days after an event.

§61.80.  Fees.

(a) The annual fee shall accompany each license or registration application or renewal as follows.

(1) Promoter--$900

(2) Contestant--$20

(3) Manager--$200

(4) Second--$30

(5) Matchmaker--$175

(6) Referee--$250

(7) Judge--$ 200

(8) Timekeeper--$40

(9) Ringside Physician--$25

(10) Amateur Combative Sports Association - $50.

(11) Event Coordinator--$200

(b) Four year Federal Identification card--$20.

(c) Permit Fee--$100 per live professional event and the simultaneous telecast of a live contest on a closed circuit telecast in which fees are charged for admission.

(d) A fee submitted to obtain a license, permit or registration is nonrefundable.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on February 7, 2008.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Upcoming Professional Bouts
Boxing
  • 10/08/09 Big Lou's Lion Heart Promotions, Houston
  • 10/10/09 Paulie Ayala Promotions, Ft. Worth
  • 10/10/09 Cavazos Boxing Promotions, Padre Island
  • 10/10/09 TKO Boxing Promotions, Houston
  • 10/17/09 Black Gloves Boxing, Dallas
  • 10/17/09 Top Rank, Corpus Christi
  • 10/23/09 Gary Shaw Productions, Laredo
  • 11/05/09 Dallas Petroleum Club, Dallas
  • 11/06/09 Triple A Promotions, Laredo
  • 11/14/09 Marines Promotions, Brownsville
  • 02/11/10 Black Gloves Promotions, Dallas
  • 02/12/10 C.Chambers Enterprises, Dallas
Kickboxing
  • No events scheduled
Mixed Martial Arts
  • 10/10/09 WEC, San Antonio
  • 10/10/09 Global Fighting Promotion, Dallas
  • 10/17/09 Back Alley Promotions, Arlington
  • 10/23/09 Supreme Warrior Championship, Frisco
  • 11/07/09 Legacy Promotions, Houston
  • 11/07/09 Richard Steele Promotions, Frisco
  • 11/28/09 Supreme Warrior Championship, Frisco
Combination Events (Boxing and Mixed Martial Arts)
  • 10/23/09 Chris Henard, Houston
  • 11/13/09 Recon Garza Promotions, San Benito
Upcoming Amateur Mixed Martial Arts Bouts
  • 10/02/09 TAMMA, San Antonio
  • 10/03/09 BACA, Killeen - CANCELED
  • 10/16/09 LSAMMA, Houston
  • 10/17/09 Fight To Win, Dallas
  • 11/13/09 MTAT, McAllen
  • 11/15/09 USACA, Houston

Combative Sports is a full contact competition between two contestants. The primary sport in this program is boxing. Other sports regulated by this program are kick boxing, shoot wrestling / fighting, pancration wrestling / fighting, mixed martial arts contests or any form of competition in which a blow is struck which may reasonably be expected to inflict injury. Kick boxing is a form of boxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip including the foot. Shoot wrestling / pancration wrestling is a form of full contact martial arts in which opponents may, while standing, strike with the open hand, kick, wrestle, throw grapple and submit.

For more information about combative sports, e-mail TDLR at boxing@license.state.tx.us.

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