Texas Racing Commission v. Toby Keeton

10/21/2025 1:39 PM Velva L. Price District Clerk Travis County Cause No. D-1-GN-25-002549 D-1-GN-25-002549 Selina Hamilton TOBY KEETON, § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § TRAVIS COUNTY, 10/21/2025 TEXAS 3:46:38 PM § CHRISTOPHER A. PRINE Clerk TEXAS RACING COMMISSION, § Defendant. § 353RD JUDICIAL DISTRICT

NOTICE OF APPEAL TO THE FIFTEENTH COURT OF APPEALS 1. Cause No. D-1-GN-25-002549, styled Toby Keeton v. Texas Racing Commission, was filed in the 353rd Judicial District Court of Travis County, Texas.

2. On October 9, 2025, the Hon. Aurora Martinez Jones, presiding of the 126th District Court of Travis County, signed an order denying Texas Racing Commission’s (Commission) Plea to the Jurisdiction with respect to Toby Keeton’s (Keeton) due-process and rule-applicability challenge. The Court also determined that Keeton alleged facts sufficient to support a claim that the Commission’s application of Texas Occupations Code section 2034.002, including the resulting application of 16 Texas Administrative Code sections 307.62, 319.3, and 319.304, was unconstitutional.

3. The Commission desires to appeal the October 9, 2025, order that denied its Plea to the Jurisdiction.

4. This interlocutory appeal is permitted pursuant to Texas Civil Practice and Remedies Code section 51.014(a)(8). Pursuant to Texas Rule of Appellate Procedure 28.1(a), this interlocutory appeal is an accelerated appeal.

Respectfully Submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division /s/ Lauren McGee LAUREN MCGEE State Bar No. 24128835 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3203 [email protected] ATTORNEYS FOR DEFENDANT TEXAS RACING COMMISSION

TEXAS RACING COMMISSION’S NOTICE OF APPEAL Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Notice of Appeal has been served on October 21, 2025, in compliance with Texas Rule of Civil Procedure 21a to the following party: CLARK O. BREWSTER State Bar No. 786841 JOSEPH C. DE ANGELIS Admitted Pro Hac Vice Brewster & De Angelis, PLLC 2617 E. 21st Street Tulsa, OK 74114 Telephone: (918) 742-2021 [email protected] [email protected] DON GRIFFIN, JR. State Bar No. 08456975 Vinson & Elkins, LLP Texas St., Ste 4700 Houston, TX 77002-2946 Telephone: (713) 758-3508 [email protected]

ATTORNEYS FOR PLAINTIFF TOBY KEETON

/s/ Lauren McGee LAUREN MCGEE Assistant Attorney General

TEXAS RACING COMMISSION’S NOTICE OF APPEAL Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 3 of 3 Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jennifer Foster on behalf of Lauren McGee Bar No. 24128835 [email protected] Envelope ID: 107104614 Filing Code Description: Notice of Appeal Filing Description: NOTICE OF APPEAL Status as of 10/21/2025 3:38 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 10/21/2025 1:39:34 PM SENT Marissa Rodriguez [email protected] 10/21/2025 1:39:34 PM SENT

Associated Case Party: TEXAS RACING COMMISSION Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 10/21/2025 1:39:34 PM SENT Canon ParkerHill [email protected] 10/21/2025 1:39:34 PM SENT

Associated Case Party: TOBY KEETON Name BarNumber Email TimestampSubmitted Status Clark Brewster [email protected] 10/21/2025 1:39:34 PM SENT Joseph DeAngelis [email protected] 10/21/2025 1:39:34 PM SENT Don Griffin 8456975 [email protected] 10/21/2025 1:39:34 PM SENT