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2016-0CL-00969 CAUSE NO. ______ _

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

TEXAS GREYHOUND ASSOCIATION, § INC. §

IN THE DISTRICT OF

Plaintiff, CAMERON COUNTY, TEXAS

VS. Cameron County - 107th District Court

TEXAS RACING COMMISSION, Defendant.

§ § § § § § 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 Page 1

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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 ~ .

I B 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 $ 0 0c.l:r---. ... __ J

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This orde:ihex ires 011 the ()d... day ofJ':d..,.!.2!:.~~~~::"'" 2016.

j-J,uw~ :22- ,~ SIGNED this day of (] ,2016 at ---' ____ a .m ./~

APPROVED AND ENTRY REQUESTED:

Tomas F. Tijerina

Temporary Restraining Order and aSH for Preliminary Injunction

PR;;;iL 1;;;'GE JUDGE LEONEL ALEJANDRO

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FEB 0 8 2016

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