In considering a pleading of a racetrack association, the commission shall take into account the operating experience of the racetrack association in this state, including:

1. (1) the financial condition of the racetrack;
2. (2) the regulatory compliance and conduct; and
3. (3) any other relevant matter concerning the operation of a racetrack.

Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.