CERTIFIED COpy

2016-0CL-00969

CAUSE NO. _ _ _ _ _ __
TEXAS GREYHOUND ASSOCIATION,
INC.
Plaintiff,
VS.
TEXAS RACING COMMISSION,
Defendant.

RECEIVED
2016-DCL-00969
2/8/20163:13:07 PM
Cameron County - 107th District Court
Eric Garza
Cameron County District Clerk
By Cindy Medrano Deputy Clerk
9010103

IN THE DISTRICT OF

CAMERON COUNTY, TEXAS

Cameron County - 107th District Court

JUDICIAL DISTRICT

TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR

PRELIMINARY INJUNCTION
On the

~ay

of February, 2016, the court heard Plaintiff, Texas Greyhound

Association's application for temporary restraining order.

1. The court, after examining the pleadings, finds there is evidence:

a. Defendant, Texas Racing Commission, is about to perform an act relating to

the subject of pending litigation, in violation of applicant's rights, and the act
would render any judgment in said litigation ineffectual;
b. Harm is imminent and if the court does not issue the temporary restraining
order, Plaintiff will be irreparably injured because a repeal of the rule will
cause the Texas Greyhound Association to have lost the expenditures, time,
and other resources used in the preparation of, study of, and ultimate passing
off the Historical Racing. Additionally, the Texas Greyhound Association
will lose significant revenue to be generated from the Historical Racing rules.
Said losses are immeasurable as the current state of racing is declining. A
significant number of owners, breeders, and trainers have left Texas for other
states in which higher points are offered due to their adoption of pari-mutuel
Temporary Restraining Order and aSH for Preliminary Injunction

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CERTIFIED COpy
wagering on historical racing. The Texas Greyhound Association, in reliance
on the Historical Racing Act, has made arrangements for racing dates at the
racing parks, including the Valley Race Park in Harlingen, Texas. A repeal
would prevent the Association from receiving race dates endorsed by the
Association and the breeding bonus and points associated with those funds.
Greyhound breeding throughout Texas, which allows the hounds to be eligible
for Texas bred bonuses for wins would be stifled, ultimately causing a demise
of the Texas Greyhound industry. Historical Racing essentially funds not only
the race points, but the Texas Greyhound Association's promotion of the
Texas Greyhound breeders and ultimately, its sustainability in Texas.
c. An ex parte order is necessary without notice to Defendant, Texas Racing
Commission, because there is insufficient time to give notice to Defendant,
hold a hearing, and issue a restraining order before the irreparable harm
occurs.
2. Therefore, the court:
a. Restrains Defendant, Texas Racing Commission, from voting to repeal the
Histo rical Racing Rules.
b. Orders the clerk to issue notice to Defendant, Texas Racing Commission, that
the hearing on Plaintiffs application for temporary injunction is set for the
~

IB day of j.J.utu~, 2016, at

: 3 a ~/fY.11l. The purpose of

th e hea ring shall be to determine whether this temporary restraining order

should be made a temporary injunction pending a full trial on the merits; and
c. Sets bond at $

T~mporary

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Re straining Order and aSH for Preliminary Injunction

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This orde:ihexires
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JUDGE LEONEL ALEJANDRO

APPROVED AND ENTRY REQUESTED:

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Temporary Re straining Order and aSH for Preliminary Injuncti on

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