TITLE 16.ECONOMIC REGULATION

Part 8. TEXAS RACING COMMISSION

Chapter 311. OTHER LICENSES

Subchapter A. LICENSING PROVISIONS

1. OCCUPATIONAL LICENSES

16 TAC §311.3

The Texas Racing Commission proposes an amendment to §311.3 concerning the information required for a background investigation.

The amendment to §311.3(a) eliminates the requirement that a license applicant submit a set of fingerprints on a separate card for the Federal Bureau of Investigation. Under a new system in place at the Department of Public Safety, fingerprints submitted by the Commission to the Department are sent electronically to the FBI. Therefore, a separate set of fingerprints for the FBI is no longer required.

Paula C. Flowerday, Executive Secretary 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.

Ms. Flowerday 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 occupational licensing process will be more streamlined and efficient. 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 July 29, 2000, to Paula C. Flowerday, Executive Secretary 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; §5.03, which authorizes the Commission to require fingerprints from license applicants; and§5.04, which authorizes the Commission to obtain criminal history information on all license applicants from the Department of Public Safety and the Federal Bureau of Investigation.

The proposed amendment implements Texas Civil Statutes, Article 179e.

§311.3. Information for Background Investigation.

(a)

Fingerprint Requirements and Procedure.

(1)

Except as otherwise provided by this section, an applicant for a license must submit with the application documents a set of the applicant's fingerprints on a form prescribed by the Department of Public Safety [ and a set of the applicant's fingerprints for classification by the Federal Bureau of Investigation ]. If the applicant is not an individual, the applicant must submit a set of fingerprints on the above-referenced forms for each individual who:

(A) - (C)

(No change.)

(2) - (5)

(No change.)

(b)

(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 May 10, 2000.

TRD-200003293

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Earliest possible date of adoption: June 25, 2000

For further information, please call: (512) 490-4032


Subchapter B. SPECIFIC LICENSES

16 TAC §311.101

The Texas Racing Commission proposes an amendment to §311.101 concerning the licensing of horse owners.

The amendment eliminates the "entry time" deadline for licensing of horse owners. A horse owner must still be licensed before a horse may start in a race in Texas.

Paula C. Flowerday, Executive Secretary 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. Flowerday 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 licensing process for horse owners will be easier. 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 will have 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 July 29, 2000, to Paula C. Flowerday, Executive Secretary 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 §7.02, which authorizes the Commission to establish categories of occupational licenses and the qualifications and experience required for licensing in each category.

The proposed amendment implements Texas Civil Statutes, Article 179e.

§311.101. Horse Owners.

(a)

General Provisions.

(1)

The [ Except as otherwise provided by this subsection, the ] owner of a horse, as listed on the animal's registration paper, must obtain an owner's license from the Commission. [ before the horse may be entered in a race. A horse may be entered in a stakes race without the owner first obtaining a license, but the owner must obtain a license before the horse may start in the stakes race. ] A person may not be licensed as an owner if the person is not the owner of record of a properly registered horse that the person intends to race in Texas.

(2) - (5)

(No change.)

(b) - (g)

(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 May 10, 2000.

TRD-200003290

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Earliest possible date of adoption: June 25, 2000

For further information, please call: (512) 490-4032


Chapter 313. OFFICIALS AND RULES OF HORSE RACING

Subchapter C. CLAIMING RACES

16 TAC §313.308

The Texas Racing Commission proposes and amendment to §313.308 concerning the restrictions on transferring and racing a horse that has been claimed in Texas.

The amendment eliminates the requirement that a claimed horse run back at 125% of the claiming price and establishes a reciprocal relationship for other states' claiming rules.

Paula C. Flowerday, Executive Secretary 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. Flowerday 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 claiming process will be more consistent with other states and an owner who claims a horse will have more opportunities to race the horse in Texas during the initial ownership period. There will be no fiscal implications for small or micro businesses. There will be no economic cost to an individual required to comply with the proposal. The proposal has no effect on the state's agricultural, horse breeding, greyhound breeding, or greyhound training industries. The proposal may have an effect on the horse training industry in that it should encourage more owners to claim horses, thereby keeping more horses in racing and training.

Comments on the proposal may be submitted on or before July 29, 2000, to Paula C. Flowerday, Executive Secretary 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.

§313.308. Restrictions on Subsequent Use.

(a)

A horse claimed in a claiming race in Texas: [ During the 30-day period after a person claims a horse in a claiming race: ]

(1)

may not be sold or transferred, in whole or part, by any method other than a claiming race during the 30-day period after the initial claim; and [ the claimant of a horse may not sell or transfer any ownership interest in the horse by any method other than a claiming race; ]

(2)

is ineligible to start in a race at a race meeting other than the one at which it was claimed until the end of the race meeting at which the horse was claimed. [ the horse is ineligible to enter a claiming race or starter race for a price less than 25% more than the price at which the horse was claimed; and ]

[ (3)

the horse is ineligible to start in a race outside this state.]

(b)

A horse claimed in another state is subject to the eligibility requirements for claimed horses in effect at the time of the claim in the jurisdiction in which the horse was claimed.

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 May 10, 2000.

TRD-200003291

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Earliest possible date of adoption: June 25, 2000

For further information, please call: (512) 833-6699