Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
16 TAC §3.1, §3.58
The Railroad Commission of Texas (commission) withdraws the
proposed amendments to §§3.1, relating to Organization Report; Retention
of Records; Notice Requirements, and 3.58, relating to Oil, Gas, or Geothermal
Resource Producer's Reports, published in the December 3, 1999, issue of the
The commission simultaneously reproposes the review and readoption of these
rules. The notice of proposed review was filed with the
Texas Register
concurrently with this proposal. As stated in the concurrent
rule review, the commission proposes to readopt these rules, with the proposed
changes, in accordance with Tex. Gov't Code, §2001.039. The agency's
reasons for adopting these rules continue to exist.
Rita E. Percival, Oil and Gas Division planner, has determined that for
the first five years the proposed amendments will be in effect, the fiscal
implications as a result of enforcing or administering them will be a cost
to the state of $7,800 in fiscal year 2000 for computer programming to incorporate
data on assumed names and non-employee agents. For years two through five,
there will be no additional cost or savings to the state as a result of enforcing
or administering the rule amendments.
There will be no effect on local government. There is no anticipated cost
of compliance with the proposed rule amendments for individuals or small business
operators.
Boyd Johnson, Director of the Enforcement Section, Office of General Counsel,
has determined that the public benefit as a result of the proposed amendments
will be the ability of the commission to more accurately identify and cross-reference
operators who are prohibited from conducting operations because of outstanding
administrative or civil enforcement action.
The commission has not requested a local employment impact statement pursuant
to Tex. Gov't Code §2001.022(h).
Comments on the proposed amendments should be submitted to Boyd Johnson,
Director of the Enforcement Section, Office of General Counsel, Railroad Commission
of Texas, P.O. Box 12967, Austin, Texas 78711-2967, or via electronic mail
to boyd.johnson@rrc.state.tx.us. The commission will accept comments until
5:00 p.m. on the thirtieth day after publication in the
Texas Register
.
The commission proposes these rules under Texas Natural Resources
Code, §81.052, which authorizes the commission to adopt all necessary
rules for governing persons and their operations under the jurisdiction of
the commission under §81.051; Texas Natural Resources Code, §85.161-7,
which authorizes the commission to require, administer, and cancel certificates
of compliance; Texas Natural Resources Code, §91.114, which authorizes
the commission to accept, reject, or revoke reports filed with the commission;
and Texas Natural Resources Code, §91.142 which authorizes the commission
to require business entities to file organization reports.
Texas Natural Resources Code §§81.052, 85.041, 85.042, 85.161-7,
85.201, 85.202, 91.114, and 91.142 are affected by the proposal.
Issued in Austin, Texas, on February 24, 2000.
§3.1.Organization Report; Retention of Records; Notice Requirements.
(a)
Filing requirements.
(1)
Except as provided under subsection (d) of this section,
no
[
(A)-(K)
(No change.)
(2)-(3)
(No change.)
(4)
The organization report
shall
[
(A)
the name, street address, [
(B)
(No change.)
(C)
for each officer, director, general partner, owner of more
than 25% ownership interest, or trustee (hereinafter controlling entity) of
the organization:
(i)
that entity's
or individual's full legal name, the
name(s) under which such entity or individual conducts business in the State
of Texas, and all assumed names
[
(ii)
the following:
(I)
if the entity is an individual, his or her
social
security number
[
(II)
if the entity is not an individual, [
(III)
if any individual subject to this subparagraph
has no valid driver's license or social security number, the individual shall
submit a valid Texas State Identification Card number issued by the Texas
Department of Public Safety.
[
(iii)
a street address different than that of the organization;
and
(iv)
if different from the mailing address of the organization,
a mailing address;
(D)
(No change.)
(E)
the name of any non-employee agent that
the organization authorizes to act for the organization in signing Oil and
Gas Division certificates of compliance which initially designate the operator
or change the designation of the operator. Organizations may designate non-employee
agents to execute subsequent organization reports. That designation shall
be authorized by the organization and not by a non-employee agent.
(5)-(6)
(No change.)
(7)
An organization shall refile an organization
report annually according to the schedule assigned by the commission. Prior
to the filing date, the commission shall mail notification and information
to each organization for update of the organization report file. An organization
shall file an amended organization report within 15 days after a change in
any information required to be reported in the organization report. Only address
changes may be made by letter.
(8)
The commission shall meet
any requirement under statute or commission rule for an order to be sent or
notice to be given by the commission to an organization by mailing the item
to the organization's mailing address shown on the most recently filed organization
report or the most recently filed letter notification of change of address.
Notices sent by regular first-class mail shall be presumed to have been received
if, upon arrival of the deadline for any response to the notice, the wrapper
containing the notice has not been returned to the commission. Any commission
action or proceeding for which notice is required shall go forward on the
basis of the notice provided under this subsection, whether or not actual
notice has been received. Service of notices and orders sent by certified
mail is effective upon:
(A)
acceptance of the item by any person at the
address;
(B)
initial failure to claim or refusal to accept
the item by any person at the address prior to its eventual return to the
commission by the United States Postal Service; or
(C)
return of the item to the commission by the
United States Postal Service bearing a notation such as "addressee unknown,"
"no forwarding address," "forwarding order expired," or any similar notation
indicating that the organization's mailing address shown on the most recently
filed organization report or address change notification letter is incorrect.
(9)
An organization may also designate
to the commission in writing a specified address for all commission correspondence
relating to a particular district. If designated by an operator, this specified
address shall be used in lieu of the organization address for any notices,
other than hearing notices, pertaining to that district.
[
(10)
The commission may return, unapproved,
to the organization address an organization report which is submitted to the
commission not fully completed according to the report's written instructions
and not timely corrected. In the event that the commission returns an organization
report, all submitted financial assurances shall remain non-refundable. If
an organization report approved by the commission is found to contain information
that was materially false at the time it was submitted for approval, the commission
may suspend or revoke the organization report after notice and opportunity
for hearing.
(b)-(c)
(No change.)
(d)
Issuance of permits to organizations
without active organization reports.
(1)
Notwithstanding contrary provisions of this
section, the commission or its delegate may issue a permit to an organization
or individual that does not have an active organization report or does not
ordinarily conduct oil and gas activities when the issuance of such a permit
is determined to be necessary to implement a compliance schedule, or to remedy
circumstances or a violation of a commission rule, order, license, permit,
or certificate of compliance relating to safety or the prevention of pollution.
For permits issued under this subsection, the commission may impose special
conditions or terms not found in like permits issued pursuant to other commission
rules. Any organization or individual who requests such a permit shall file
an organization report and any other required forms for record- keeping purposes
only. The report or form shall contain all information ordinarily required
to be submitted to the commission.
(2)
This section shall not limit the commission's
authority to plug or to replug wells or to clean up pollution or unpermitted
discharges of oil and gas waste.
(e)
Organizations that file for
bankruptcy shall provide written notice to the commission within 72 hours
by submitting the notice to the Enforcement Section of the Office of General
Counsel. All bankruptcy-related notices sent to the commission shall be submitted
in writing to that section.
(f)
Organization reports shall
not be approved unless the organization has complied with state registration
and taxation requirements and is in good standing with the Secretary of State
and the Comptroller of Public Accounts.
§3.58.Oil, Gas, or Geothermal Resource Operator's Reports.
(a)
Producer's transportation authority and certificate of
compliance.
(1)
Each operator who is a producer of crude oil, natural gas,
or geothermal resources
shall
[
(2)-(4)
(No change.)
(b)-(c)
(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 February 25, 2000.
TRD-200001423
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 475-1295
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS-BRED INCENTIVE PROGRAMS
2.
PROGRAMS FOR HORSES
16 TAC §303.92
The Texas Racing Commission proposes amendments to rule §303.92
concerning the rules for the Texas Bred Incentive Program for thoroughbred
horses. The amendment was presented to the commission as a rulemaking petition
under 16 Tex. Admin. Code §307.33 by the Texas Thoroughbred Association,
the officially designated breed registry for thoroughbred horses in Texas.
According to the petition, the first amendment is necessary to provide for
the orderly administration of the awards program. The second amendment provides
for disciplinary proceedings relating to misconduct by participants in the
accreditation program. The proposed proceedings provide for notice and an
opportunity to be heard, consistent with the constitutional requirements for
due process.
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 will be no fiscal implications for state or local government
as a result of enforcing the proposal.
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 participants in the program
will be ensured that the administration of the program will be conducted in
an orderly and constitutional manner. There will be no fiscal implications
for small 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 agricultural, horse breeding, horse training, greyhound breeding
or greyhound training industries.
Comments on the proposal may be submitted on or before May 1, 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; §6.08,
which authorizes the Commission to adopt rules relating to the accounting,
audit and distribution of all amount set aside for the Texas-bred program;
and §9.01, which authorizes the Commission to approve and adopt rules
developed by the breed registries.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§303.92.Thoroughbred Rules.
(a) - (b)
(No change.)
(c)
Procedure for Payment of Awards.
(1)
Conditions precedent for payment of awards are:
(A) - (E)
(No change.)
(F)
All participants in the accredited Texas-bred
program must provide the breed registry in writing the identity of the authorized
payee and the address to which awards are to be sent. Any change in ownership,
payment entitlement, or address shall not be effective unless and until it
is provided to the breed registry in writing. The breed registry may rely
on the information so provided to it.
(2)
(No change.)
(d)
Procedure for hearings. The following
provisions shall apply to hearings on matters pertaining to administration
of the accredited Texas-bred program.
(1)
Right to hearing. If the breed registry proposes to deny
an application for accreditation, revoke an accreditation previously granted,
or withhold payment of an award, the person(s) affected shall be entitled
to a hearing before the board of directors of the breed registry. The board
of directors, in its sole discretion, may grant or conduct a hearing on any
other matter or issue raised by the administration of the accredited Texas-bred
program.
(2)
Notice of hearing. The board of directors
shall send written notice of the hearing to all affected parties. The notice
must be mailed at least 30 days prior to the date of hearing, must specify
the time and place of hearing, must contain a statement of the matters to
be considered and possible action to be taken, and must advise the recipient(s)
of the right to appear and present evidence.
(3)
Conduct of hearing. The breed registry
shall have the burden of proof in any proceeding for denial or revocation
of accreditation. In all other matters, the burden of proof is on the party
seeking action by the breed registry. Each party shall be entitled to representation
by legal counsel. The board of directors may determine the order and length
of the proceeding and shall allow each party the opportunity to submit sworn
testimony, documents, and argument as the party may desire, but formal rules
of evidence shall not apply. All witnesses are subject to cross- examination
and to questions from the members of the board of directors. A record of the
proceedings shall be made and kept, and a transcript shall be provided to
any party who requests and pays in advance for same.
(4)
Decision. At any time after the closing
of the hearing, the board of directors may issue its decision, which shall
be in writing and which shall state the findings and reasons for the action
taken. In addition to ruling on the issues presented, the decision may require
any party to reimburse the breed registry for its expense and attorneys fees
incurred in the preparation for and conduct of the hearing and may require
repayment with lawful interest to the breed registry of any funds found to
have been wrongfully or improperly received. The decision of the board of
directors is final and not subject to review. A copy of the decision shall
be filed with the Commission and shall be published in the next issue of the
Texas Thoroughbred, and thereafter all persons shall have constructive notice
of the decision and its contents.
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 February 25, 2000.
TRD-200001424
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: May 2, 2000
For further information, please call: (512) 833-6699
Subchapter C. HORSE RACETRACKS
1.
RACETRACKS
16 TAC §309.202
The Texas Racing Commission proposes an amendment to §309.202,
concerning the specifications for a horse racetrack. The amendment was presented
to the commission as a rulemaking petition under 16 Tex. Admin. Code §307.33
by the Texas Horsemen’s Partnership, L.L.P., the organization recognized
by the Commission pursuant to the Texas Racing Act to represent horse owners,
breeders and trainers. According to the petition, the amendment makes changes
to the track length requirements and provides for a back chute for all racetracks
in order to ensure access to all breeds of horses and accommodate races of
the length and distance commonly run by breeds other than quarter horses.
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 is no fiscal implications for state or local government as
a result of enforcing the proposal.
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 increased racing
opportunities for owners and trainers of all breeds. There will be no fiscal
implications for small or micro businesses. The Commission recommended that
the rule, if adopted, have an effective date of June 1, 2001. This is to limit
the fiscal impact on the only licensed racetrack not in compliance with the
proposed amendment. There is an anticipated economic cost to any new racetrack
that will be built in order to comply with the amendment as proposed. Although
the cost of compliance will vary depending on the total size of the track,
materials used, and track location’s geographic conditions, the Commission
estimates the cost of construction of a new racetrack to these specifications
to be $1 million to $1.5 million. 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 distribution
to Texas horsemen as a result of this proposal.
Comments on the proposal may be submitted on or before May 1, 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; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.202.Track Length.
(a)
A racetrack must consist of an oval
,
[
(b)
The oval must be, measured along a line three feet out
from the face of the inside rail:
(1)
for a Class 1 racetrack, at least one mile in circumference;
(2)
for a Class 2 racetrack
, at least seven-eighths
mile in circumference; and
[
[(B)
for a track already constructed but for
which the association proposed extensive track modification in its license
application, at least three-fourths mile in circumference; and ]
[(C)
for at track already constructed and
for which the association proposed little or no track modification in its
license application, at least five-eighths mile in circumference; and]
(3)
for a Class 3 or 4 racetrack, at least five eighths
mile in circumference.
(c)
The length of the chute on the grandstand side
shall
be such that the distance
[
(1)
for a Class 1
or Class 2
racetrack, at least
550 yards; and
(2)
for a Class [
(d)
The length of a chute on the back side
shall be such
that the distance
[
(1)
for a one mile track, at least seven furlongs long
, so as to accommodate a race at a distance of seven furlongs
;
(2)
for a
seven-eighths mile track and a
three-fourths
mile track, at least six furlongs long
, so as to accommodate a race at
a distance of six furlongs; and
[
(3)
[
(e) - (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 February 25, 2000.
TRD-200001425
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: May 2, 2000
For further information, please call: (512) 833-6699
1.
FACILITIES AND EQUIPMENT
16 TAC §309.309
The Texas Racing Commission proposes an amendment to §309.309,
concerning lockout kennels. The amendments to the specifications to the crates
located in the lockout kennel are proposed to improve the safety and prevent
injury to the greyhounds. The amendments were recommended by the commission
veterinarians and supported by the Texas Greyhound Association.
Roselyn Marcus, General Counsel for the Texas Racing Commission, has determined
that for the first five-year period the amendment 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
amendment is in effect the public benefit anticipated as a result of enforcing
the proposal will be that the greyhounds that are racing at Texas racetracks
will be in a safe environment. 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 agricultural, horse breeding, horse training, greyhound
breeding, or greyhound training industries.
Comments on the proposal may be submitted on or before May 1, 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 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 amendment implements Texas Civil Statutes, Article 179e.
§309.309.Lockout Kennel.
(a)
(No change.)
(b)
Each crate located in the lockout kennel must:
(1)
be constructed of a smooth, hard material, such as stainless
steel or tile;
(2)
be at least three feet wide, four feet deep, and four
feet high;
(3)
be constructed so that the crate floor is not
in direct contact with the concrete surface;
[
(4)
be located on the floor level to prevent greyhounds
from sustaining jumping injuries;
and
[
(5)
[
(c) - (d)
(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 February 25, 2000.
TRD-200001426
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Proposed date of adoption: May 2, 2000
For further information, please call: (512) 833-6699
Subchapter D. RUNNING OF THE RACE
1.
JOCKEYS
No
] organization, including any person, firm, partnership,
joint stock association, corporation, or other organization, domestic or foreign,
operating wholly or partially within this state, acting as principal or agent
for another, for the purpose of performing operations within the jurisdiction
of the commission shall perform such operations
without having on file
with the commission an approved
[
prior to acceptance and approval
by the commission of an
] organization report
and financial security
as required by Texas Natural Resources Code §§91.103-91.1091
.
Operations within the jurisdiction of the commission include, but are not
limited to, the following:
must
] contain the following information:
and
] mailing address
, telephone number, and emergency after-hours telephone number
of the
organization;
name
];
driver's license number
];
either
]
the name and
valid
driver's license number
of each officer,
director, or other person, who, under Texas Natural Resources Code, §91.114,
holds a position of ownership or control of the organization
[
of the primary individual in control of the entity,
] or an active P-5
number for that entity.
All controlling entities connected to an organization
which are not individuals shall provide the identification of the individuals
in ownership or control of those entities.
(III)
if any individual subject to this clause
has a driver's license, he or she may, at such individual's option, submit
his or her social security number instead of his or her driver's license number.
If any individual subject to this subparagraph has no driver's license and
does not wish to submit a social security number, he or she shall submit an
official state identification number, such a Texas state identification card
number issued by the Texas Department of Public Safety. If such individual
has no driver's license or official state identification number, and does
not wish to submit his or her social security number, then such individual
shall submit his or her full legal name;
]
(7)
Organization reports must be refiled
annually according to the schedule assigned by the commission. Prior to the
filing date, the commission will mail notification and information to each
organization for update of the organization report file. An amended organization
report must be filed within 15 days after a change in any information required
to be reported in the organization report. Address changes only may also be
reported by letter. Any requirement under statute or commission rule for an
order to be sent or notice to be given by the commission to an organization
may be met by mailing the item to the organization's mailing address shown
on the most recently filed organization report or the most recently filed
letter notification of change of address. Notices sent by regular first-class
mail may be presumed to have been received if, upon arrival of the deadline
for any response to the notice, the wrapper containing the notice has not
been returned to the commission. Service of notices and orders sent by certified
mail is effective upon: acceptance of the item by any person at the address;
initial failure to claim or refusal to accept the item by any person at the
address prior to its eventual return to the commission by the United States
Postal Service; or return of the item to the commission by the United States
Postal Service bearing a notation such as "addressee unknown," "no forwarding
address," "forwarding order expired," or any similar notation indicating that
the organization's mailing address shown on the most recently filed organization
report or address change notification letter is incorrect. Any commission
action or proceeding for which notice is required may go forward on the basis
of the notice provided under this subsection, whether or not actual notice
has been received.
]
is required to
] file
with the
commission's
Austin office a producer's transportation
authority and certificate of compliance for each of
the operator's
[
his
] producing properties certifying that the operator has complied
with the conservation laws and the oil, gas, and geothermal resources conservation
orders, rules, and regulations of the commission in respect to each property.
When this report is filed, the oil and gas division
shall
[
will
] review the report for completeness and accuracy
. When
[
and, when
] approved, this report
shall authorize
[
authorizes
] a transporter (whether the operator or someone else) to
transport the oil, gas, or geothermal resources from such property.
No certificate of compliance designating or changing the designation of an
operator will be approved that is signed, either as transferor or transferee,
by a non-employee agent of the organization unless the organization has filed
with the commission, on its organization report, the name of the non-employee
agent it has authorized to sign such certificates of compliance on its behalf.
Part 8.
TEXAS RACING COMMISSION
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
and
] a chute on the grandstand side of the oval
, and a chute on
the back side of the oval at the opposite end from the grandstand side chute.
[
The racetrack may also have a chute on the back side of the oval
at the opposite end of the oval from the grandstand side chute.
]
(A)
for a track not yet constructed, at least
three-fourths mile in circumference;
]
, measured
] from the starting gate
to the finish line must be:
2,
] 3 or
Class
4 racetrack, at least 440 yards.
, measured
] from the starting gate to the
finish line, must be:
(3)
for a five-eighths mile track at
a Class 2 racetrack, at least five furlongs long; and
]
(4)
] for a five-eighths mile
track at a Class 3 or 4 racetrack, at least four furlongs long.
Subchapter D. GREYHOUND RACETRACKS
be equipped with
casters for rolling;
]
(5)
have a door that leaves a one inch
clearance on each side to prevent injury to a greyhound’s tail or feet;
and]
(6)
] have a drop latch on
the door.
Chapter 313.
OFFICIALS AND RULES OF HORSE RACING