Part 8.
TEXAS RACING COMMISSION
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
2.
PROGRAM FOR HORSES
16 TAC §303.97
(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repeal will not be published.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 a repeal of §303.97,
relating to Appaloosa horse rules. The repeal is necessary because the Appaloosa
Horse Club expressed that it had no further interest in pari-mutuel racing.
Consequently, it is no longer necessary to adopt their rules by reference.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the rule is in effect there
are no fiscal implications for state or local government as a result of enforcing
the proposal.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the public benefit anticipated will be increased accuracy
and therefore, increased reliance, in terminology within the Rules. 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 rule
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 proposed repeal may be submitted on or before September
27, 2001, to Judith L. Kennison, General Counsel for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080.
The repeal is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse or greyhound racing;§6.06, which authorizes the Commission to
adopt rules on all matters relating to the operation of racetracks; §11.01,
which authorizes the Commission to adopt rules to regulate pari-mutuel wagering
on greyhound and horse races; and §11.011, which authorizes the Commission
to adopt rules to implement pari-mutuel wagering on simulcasting races.
The repeal implements Texas Civil Statutes, Article 179e.
§303.97.Appaloosa Horse Rules.
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 August 14, 2001.
TRD-200104670
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 833-6699
Subchapter B. OPERATIONS OF RACETRACKS
3.
OPERATIONS
16 TAC §309.167
The Texas Racing Commission proposes amendment to §309.167
relating to organizational charts of racetracks. The amendment would be amended
to conform it to current practice, which requires submission of an organizational
chart only once a year, as part of the executive secretary's track inspection.
The amendment also clarifies the types of employee changes that will require
submission of a revised chart. The need for this amendment is to eliminate
repetitive and unnecessary information submitted to the Commission from the
racetracks.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the rule is in effect there
are no fiscal implications for state or local government as a result of enforcing
the proposals.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the anticipated public benefit is increased efficiency
and a reduction in duplication. Because the amendment reduces the requirements
for the racetracks, there will be a slight benefit for small or micro-businesses
in terms of a reduction of administrative efforts. There is no anticipated
economic cost to an individual required to comply with the rule 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 September 27, 2001,
to Judith L. Kennison, 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 regulate every race meeting
in this state involving wagering on the result of greyhound or horse racing; §3.021
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in the State; and §6.06 which authorizes the Commission to adopt
rules relating to all aspects of pari-mutuel tracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.167.Organizational Chart.
(a)
On request by the executive secretary
[
(b)
The association shall provide to the executive secretary
a revised organizational chart immediately on the termination or resignation
of
a person named on the chart provided under Subsection (a) of this
section
[
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 August 14, 2001.
TRD-200104671
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 833-6699
1.
RACETRACKS
16 TAC §309.213
The Texas Racing Commission proposes an amendment to §
309.213, relating to starting gates. The proposed amendment would require
an alternate starting gate for class 1 and class 2 horse racetracks only,
not for Class 3 and Class 4 horse racetracks. It was determined that this
rule added an unnecessary financial hardship for horse racetracks with a minimal
live race schedule. Consequently, this proposal will remove the requirement
of the additional equipment. This amendment will in no way alter any safety
requirement.
Judith L. Kennison, General Counsel for the Texas Racing Commission, determined
that for the first five-year period the rule is in effect will be no fiscal
implications for state or local government as a result of enforcing the proposals.
The proposal has no effect on the state's agricultural, horse breeding, horse
training, greyhound breeding, or greyhound training industries.
Ms. Kennison has also determined that the anticipated public benefit for
each of the first five years the rule will be an added savings to non-profit
racetracks and thereby adding to available funding for the prescribed charities
and administrative costs. There will be a slight fiscal benefit to small and
micro-business in that a class 3 or class 4 horse racetrack will not be required
to expend funds on an alternate starting gate. There is no anticipated economic
cost to an individual required to comply with the rule as proposed.
Comments on the proposal may be submitted on or before September 27, 2001,
to Judith L. Kennison, 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 relating to all aspects of
pari-mutuel tracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.213.Starting Gates.
(a) - (b)
(No change.)
(c)
A class 1 or class 2
[
(d) - (e)
(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 August 14, 2001.
TRD-200104672
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 833-6699
16 TAC §309.296
The Texas Racing Commission proposes an amendment to §
309.296, relating to the official program. The proposed amendment would delete
all references to the brand name "Lasix" for furosemide because the manufacturer
of this brand name has renamed the medication, "Salix".
Judith L. Kennison, General Counsel for the Texas Racing Commission, determined
that for the first five-year period the rule is in effect will be no fiscal
implications for state or local government as a result of enforcing the proposals.
The proposal has no effect on the state's agricultural, horse breeding, horse
training, greyhound breeding, or greyhound training industries.
Ms. Kennison has also determined that the anticipated public benefit for
each of the first five years the rule will be is increased reliability in
the accuracy of the Rules. Because the amendment modifies language only and
not the requirements for the racetracks, 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 rule as proposed.
Comments on the proposal may be submitted on or before September 27, 2001,
to Judith L. Kennison, 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 relating to all aspects of
pari-mutuel tracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.296.Official Program.
(a) - (b)
(No change.)
(c)
Except as otherwise provided by this subsection, for each
horse that is racing with furosemide [
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 August 14, 2001.
TRD-200104673
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 833-6699
Subchapter A. GENERAL PROVISIONS
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Not later than 30 days before the first day of a race meeting
], an association
shall provide to the executive secretary an organizational chart which indicates
the lines of authority, responsibility, and control for each operation of
the association. The chart must include the name and title of key managers
, including the head of each of department,
[
and supervisory personnel
and their assistants
] and a brief description of their responsibility
and authority.
an individual
] or the reorganization of responsibilities,
authority, or control.
Subchapter C. HORSE RACETRACKS
An
] association
shall maintain at least two operable starting gates during racing hours.
4.
OPERATIONS
(Lasix)
] the official program
shall indicate that fact by including the symbol "L" after the horse's name.
For each horse that is racing with furosemide [
(Lasix)
] for the
first time
or for each horse racing with furosemide that last raced
without furosemide,
the official program shall indicate that fact by
including the symbol "L1" after the horse's name. For each horse that is racing
without furosemide [
(Lasix)
] for the first time after having been
admitted to the furosemide [
(Lasix)
] program in this state and
for each horse that is racing without furosemide [
(Lasix)
] in this
state whose most recent start was with furosemide [
(Lasix)
] in
another racing jurisdiction, the official program shall indicate that fact
by including the symbol "Lx" after the horse's name.
Chapter 319.
VETERINARY PRACTICES AND DRUG TESTING