Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter H. ELECTRICAL PLANNING
1.
RENEWABLE ENERGY RESOURCES AND USE OF NATURAL GAS
16 TAC §25.173
The Public Utility Commission of Texas (commission) proposes
an amendment to §25.173, relating to Goal for Renewable Energy. The proposed
amendment will restore statutory language inadvertently omitted from the definition
of the term "renewable energy technology" and will change an incorrect reference
listed within the rule. Project Number 21232 has been assigned to this proceeding.
Gillan Taddune, senior economist, Office of Policy Development, has determined
that for each year of the first five-year period the proposed section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Ms. Taddune has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be to encourage the development of renewable resources
in a clear and understandable manner that is consistent with law. There will
be no effect on small businesses or micro- businesses as a result of enforcing
this section. There is no anticipated economic cost to persons who are required
to comply with the section as proposed.
Ms. Taddune has also determined that for each year of the first five years
the proposed section is in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act 2001.022.
Comments on the proposed amendment (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
PO Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the section. All comments should refer to Project Number 21232.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which
provides the Public Utility Commission with the authority to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §39.904, which requires the commission to promote
the development of renewable energy technologies.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §39.904.
§25.173.Goal for Renewable Energy.
(a)-(b)
(No change.)
(c)
Definitions.
(1)-(14)
(No change.)
(15)
Renewable energy technology - Any technology that
exclusively relies on an energy source that is naturally regenerated over
a short time and derived directly from the sun, indirectly from the sun, or
from moving water or other natural movements and mechanisms of the environment.
Renewable energy technologies include those that rely on energy derived directly
from the sun, on wind, geothermal, hydroelectric, wave, or tidal energy, or
on biomass or biomass-based waste products, including landfill gas. A renewable
energy technology does not rely on energy resources derived from fossil fuels,
waste products from fossil fuels,
or waste products from inorganic sources.
(16)-(18)
(No change.)
(d)-(g)
(No change.)
(h)
Allocation of REC purchase requirement to competitive retailers.
The program administrator shall allocate REC requirements among competitive
retailers. Any renewable capacity that is retired before January 1, 2009 or
any capacity shortfalls that arise due to purchases of RECs from out-of-state
facilities shall be replaced and incorporated into the allocation methodology
set forth in this subsection. Any changes to the allocation methodology to
reflect replacement capacity shall occur two compliance periods after which
the facility was retired or capacity shortfall occurred. The program administrator
shall use the following methodology to determine the total annual REC requirement
for a given year and the final REC requirement for individual competitive
retailers:
(1)
The total statewide REC requirement for each compliance
period shall be calculated in terms of MWh and shall be equal to the renewable
capacity target multiplied by 8,760 hours per year, multiplied by the appropriate
capacity conversion factor set forth in
subsection (j) of this section
[
(A)-(H)
(No change.)
(2)
(No change.)
(i)-(q)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000606
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 12, 2000
For further information, please call: (512) 936-7308
Chapter 303.
GENERAL PROVISIONS
Subchapter B. POWERS AND DUTIES OF THE COMMISSION
16 TAC §303.41
The Texas Racing Commission proposes an amendment to §303.41,
concerning allocation of race dates. The amendment was presented to the commission
as a rulemaking petition under 16 Tex. Admin. Code §307.33 by Lone Star
Park at Grand Prairie, a licensed horse racetrack in Texas. According to the
petition, the amendment provides the necessary framework for construction
of additional horse racing facilities in currently untapped markets in Texas.
The amendment provides an exception for the allocation of race dates in accordance
with new proposed §303.44, which proposal is also published in this section
of the
Texas Register
.
Roselyn Marcus, General Counsel for the Texas Racing Commission, has determined,
based on the petition, that for the first five-year period the amendment is
in effect there may be fiscal implications for state or local government as
a result of enforcing the proposal. The cost to the state for any additional
regulations would be recovered through license fees. The state may receive
additional revenue from simulcast wagering which would be allowed to take
place before the actual start of live racing at a new Class 2 horse racetrack.
Ms. Marcus has also determined, based on the petition, that for each of
the first five years the amendment is in effect the public benefit anticipated
as a result of enforcing the proposal will be that there is an opportunity
to participate in pari-mutuel wagering in areas of the state which have not
previously been able to offer this activity. There will be no fiscal implications
for small or micro businesses. There is no anticipated economic cost to an
individual required to comply with the amendment as proposed. The proposal
has no effect on the state’s greyhound breeding, or greyhound training
industries. The proposal may have a positive effect on the state’s agricultural,
horse breeding, and horse training industries in that there may be additional
racing opportunities and increased purse distribution to Texas horsemen as
a result of this proposal.
Comments on the proposal may be submitted on or before March 15, 2000,
to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box
12080, Austin, Texas 78711-2080.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §8.01,
which authorizes the Commission to allocate race dates for horse racetracks
and §11.011, which authorizes the Commission to adopt rules to regulate
wagering on simulcast races.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§303.41.Allocation of Race Dates.
(a)
Unless otherwise provided for in §303.44 of this
title (relating to Allocation of Live Race Dates for Class 2 Racetracks),
the
[
(b) - (f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 27, 2000.
TRD-200000559
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: April 2000
For further information, please call: (512) 833-6699
16 TAC §303.44
The Texas Racing Commission proposes new rule §303.44
concerning allocation of live race dates for class 2 horse racetracks. The
section was presented to the commission as a rulemaking petition under 16
Tex. Admin. Code §307.33 by Lone Star Park at Grand Prairie, a licensed
horse racetrack in Texas. According to the petition, the section provides
the necessary framework for construction of additional horse racing facilities
in currently untapped markets in Texas. It would allow the Commission to grant
live race dates to certain class 2 horse racetracks up to 36 months before
the actual start of the live race meet. This would allow the horse racetracks
to apply for permission to accept simulcast wagers up to 36 months before
live racing would begin at the facility. This option would allow the racetrack
more time to build its purse account before live racing began and to help
pay for the cost of constructing the new facilities.
Roselyn Marcus, General Counsel for the Texas Racing Commission, has determined,
based on the petition, that for the first five-year period the section is
in effect there may be fiscal implications for state or local government as
a result of enforcing the proposal. The cost to the state for any additional
regulations would be recovered through license fees. The state may receive
additional revenue from simulcast wagering which would be allowed to take
place before the actual start of live racing at a new Class 2 horse racetrack.
Ms. Marcus has also determined, based on the petition, that for each of
the first five years the section is in effect the public benefit anticipated
as a result of enforcing the proposal will be that there is an opportunity
to participate in pari-mutuel wagering in areas of the state which have not
previously been able to offer this activity. There will be no fiscal implications
for small businesses. There is no anticipated economic cost to an individual
required to comply with the section as proposed. If a horse racetrack accepts
greyhound simulcast signals, funds would be allocated for greyhound purses
at Texas greyhound racetracks resulting in a positive effect on the state’s
greyhound breeding, or greyhound training industries. The proposal may also
have a positive effect on the state’s agricultural, horse breeding,
and horse training industries in that there may be additional racing opportunities
and increased purse distribution to Texas horsemen as a result of this proposal.
Comments on the proposal may be submitted on or before March 15, 2000,
to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box
12080, Austin, Texas 78711-2080.
The section is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §8.01,
which authorizes the Commission to allocate race dates for horse racetracks;
and §11.011, which authorizes the Commission to adopt rules to regulate
wagering on simulcast races.
The proposed section implements Texas Civil Statutes, Article 179e.
§303.44.Allocation of Live Race Dates for Class 2 Racetracks.
(a)
A Class 2 horse racetrack that has not conducted live race
dates under this Act and that is not located within 100 miles of an existing
Class 1 horse racetrack may request live race dates for a period of time not
to exceed 36 consecutive months.
(b)
The Commission may grant a request for live race dates
to a Class 2 horse racetrack that meets the criteria outlined in subsection
(a) of this section for a period of up to 36 consecutive months.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 27, 2000.
TRD-200000560
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: April 2000
For further information, please call: (512) 833-6699
Subchapter D. GREYHOUND RACETRACKS
2.
OPERATIONS
16 TAC §309.361
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Racing Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Racing Commission proposes the repeal
of §309.361 concerning kennel accounts. The rule established a process
for payment of purses at greyhound racetracks. The rule was adopted at a time
when greyhound racetracks held live racing year round. It is anticipated that
at least one greyhound racetrack will not have live racing year round but
will instead have a limited live race season. In order to establish a procedure
which encompasses this new circumstance, the current rule is proposed for
repeal, to be replaced by a new §309.361, which proposal is also published
in this section of the
Texas Register
.
Roselyn Marcus, General Counsel for the Texas Racing Commission, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
the proposal.
Ms. Marcus has also determined that for each of the first five years the
section is in effect the public benefit anticipated as a result of enforcing
the proposal will be that there will be a clear system for accountability
of all funds received at greyhound racetracks and that are to be paid in purses.
It ensures that the designated greyhound organization will be involved in
this process. There will be no fiscal implications for small or micro businesses.
There may be a small economic cost to the associations to comply with the
repeal and new rule as proposed (cost of establishing a separate purse account).
The proposal has no effect on the state’s agricultural, horse breeding,
horse training, greyhound breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before March 15, 2000,
to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box
12080, Austin, Texas 78711-2080.
The section is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The proposed section implements Texas Civil Statutes, Article 179e.
§309.361.Kennel Account.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 27, 2000.
TRD-200000561
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: April 2000
For further information, please call: (512) 833-6699
The Texas Racing Commission proposes
new §309.361 concerning greyhound purse and kennel accounts. The new
rule establishes a process for accounting and safeguarding money earned by
an association from simulcast wagering during a period when the greyhound
racetrack is not holding a live race meet. It also establishes a process to
ensure the proper and timely payment of purses at greyhound racetracks during
its live meet. The new rule also allows for input from the designated greyhound
association. The new rule is necessary to deal with the anticipated situation
when a greyhound racetrack does not hold live racing year round.
Roselyn Marcus, General Counsel for the Texas Racing Commission, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
the proposal.
Ms. Marcus has also determined that for each of the first five years the
section is in effect the public benefit anticipated as a result of enforcing
the proposal will be that there will be a clear system for accountability
of all funds received at greyhound racetracks and that are to be paid in purses.
It ensures that the designated greyhound organization will be involved in
this process. There will be no fiscal implications for small or micro businesses.
There may be a small economic cost to the associations to comply with the
new rule as proposed (cost of establishing a separate purse account). The
proposal has no effect on the state’s agricultural, horse breeding,
horse training, greyhound breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before March 15, 2000,
to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box
12080, Austin, Texas 78711-2080.
The section is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The proposed section implements Texas Civil Statutes, Article 179e.
§309.361.Greyhound Purse Account and Kennel Account.
(a)
Greyhound Purse Account.
(1)
All money required to be set aside for purses, whether
from wagering on live races or simulcast races, are trust funds held by an
association as custodial trustee for the benefit of kennel owners and greyhound
owners. No more than three business days after the end of each week's wagering,
the association shall deposit the amount set aside for purses into a greyhound
purse account maintained in a federally or privately insured depository.
(2)
The funds derived from a simulcast race for purses
shall be distributed during the 12-month period immediately following the
simulcast.
(b)
Kennel Account.
(1)
An association shall maintain a separate bank account known
as the "kennel account". The association shall maintain in the account at
all times a sufficient amount to pay all money owed to kennel owners for purses,
stakes, rewards, and deposits.
(2)
Purse money for a completed race shall be transferred
from the greyhound purse account to the kennel account on or before the tenth
day after the week's races have run.
(3)
Except as otherwise provided by these rules, an association
shall pay the purse money owed from a race to those who are entitled to the
money not later than 10 days after the date of the race.
(c)
The Texas Greyhound Association ("TGA") shall negotiate
with each association regarding the association’s live racing program,
including but not limited to the allocation of purse money to various live
races, the exporting of simulcast signals, and the importing of simulcast
signals during live race meetings.
(d)
If an association fails to run live races during any calendar
year, all money in the greyhound purse account may, at the discretion of the
TGA, be distributed as follows:
(1)
first, payment of earned but unpaid purses; and
(2)
second, subject to the approval of the TGA, transfer
after the above mentioned calendar year period of the balance in the purse
account to the purse account for one or more other association.
(e)
If an association ceases a live race meet before completion
of the live race dates granted by the commission, the funds in and due the
greyhound purse account shall be distributed as follows:
(1)
first, payment of earned but unpaid purses;
(2)
second, retroactive pro rata payments to the kennel
owners; and
(3)
third, subject to the approval of the TGA, transfer
within 120 days after cessation of live racing of the balance in the greyhound
purse account to the greyhound purse account for one or more other associations.
(f)
Administration of Accounts.
(1)
An association shall employ a bookkeeper to maintain records
of the greyhound purse account and the kennel account.
(2)
The Commission may at any time inspect, review or
audit any and all transactions relating to the greyhound purse account and
the kennel account.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 27, 2000.
TRD-200000562
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: April 2000
For further information, please call: (512) 833-6699
Subchapter C. SIMULCAST WAGERING
subsection (i) of this section
]. The renewable energy capacity
targets for the compliance period beginning January 1, of the year indicated
shall be:
Part 8.
TEXAS RACING COMMISSION
The
] commission shall allocate live race dates, including
charity days, to each association in accordance with the Act and this section.
An association shall apply to the commission not later than July 1 of each
year for live race dates to be conducted in the next calendar year. The application
must be on a form prescribed by the commission. After the request is filed,
the executive secretary may require the association to submit additional information
if the executive secretary determines the additional information is necessary
to effectively evaluate the request.
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Chapter 321.
PARI-MUTUEL WAGERING