TITLE 16.ECONOMIC REGULATION

Part 8. TEXAS RACING COMMISSION

Chapter 303. GENERAL PROVISIONS

Subchapter D. TEXAS BRED INCENTIVE PROGRAMS

2. PROGRAM FOR HORSES

16 TAC §303.94

The Texas Racing Commission adopts an amendment to §303.94, relating to Arabian horse rules without changes to the proposed text as published in the May 18, 2001 issue of the Texas Register (26 TexReg 3592) and will not be republished.

The amendment adopts by reference the latest rules of the Texas Arabian Breeders Association ("TABA"), the official breed registry for Arabian horses in accordance with the Racing Act. In an effort to encourage and promote Arabian Accredited Texas-bred racing, the TABA has changed it rules to clarify the standards for Texas-bred accreditation. These rules establish a program for accredited grandfather runners. Additionally, the TABA amended rules establish a fee schedule for the new accredited horses.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules relating exclusively to horse or greyhound racing;§6.08, which authorizes the Commission to adopt rules relating to the accounting, audit, and distribution of all amounts set aside for the Texas-bred program.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 27, 2001.

TRD-200103665

Judith L. Kennison

General Counsel

Texas Racing Commission

Effective date: July 17, 2001

Proposal publication date: May 18, 2001

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


Chapter 313. OFFICIALS AND RULES OF HORSE RACING

Subchapter E. TRAINING FACILITIES

16 TAC §313.507

The Texas Racing Commission adopts an amendment to §313.507 relating to employees at training facilities without changes to the proposed text as published in the May 18, 2001 issue of the Texas Register (26 TexReg 3592) and will not be republished.

The amendment reflects the current licensing fee of $15.00 from the previously charged $20.00 for employees of training facilities. This reduction has been in effect for over a year and was listed in the fee schedule, however it had been inadvertently omitted from this rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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; §7.02, which authorizes the Commission to adopt categories of occupational licenses; and §7.05, which authorizes the Commission to set the amount of occupational fees by rule.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 27, 2001.

TRD-200103666

Judith L. Kennison

General Counsel

Texas Racing Commission

Effective date: July 17, 2001

Proposal publication date: May 18, 2001

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


Chapter 319. VETERINARY PRACTICES AND DRUG TESTING

Subchapter B. TREATMENT OF HORSES

16 TAC §319.111

The Texas Racing Commission adopts an amendment to § 319.111, relating to bleeders and the Furosemide (Lasix) program without changes to the proposed text as published in the May 18, 2001 issue of the Texas Register (26 TexReg 3593) and will not be republished. The amendment clarifies an ambiguity in the definition of a "bleeder". The amendment makes plain that a diagnosis of exercise induced pulmonary hemorrhage (EIPH) made in another pari-mutuel racing jurisdiction will also be considered a valid diagnosis in Texas.

Written comment was received from representatives of Texas owners and trainer in support of the adoption. This comment also included suggestions for other subsections of the rule. These suggestions or similar language will be proposed to the Commission at its next meeting.

The amendment is adopted 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;§6.06 which authorizes the Commission to adopt rules relating to the operation of racetracks.

The amendment implements Texas Civil Statutes, Article 179e.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 27, 2001.

TRD-200103667

Judith L. Kennison

General Counsel

Texas Racing Commission

Effective date: July 17, 2001

Proposal publication date: May 18, 2001

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


Chapter 321. PARI-MUTUEL WAGERING

Subchapter D. SIMULCAST WAGERING

3. SIMULCASTING AT HORSE RACETRACKS

16 TAC §321.507

The Texas Racing Commission adopts an amendment to §321.507, concerning priority of signals without changes to the proposed text as published in the May 18, 2001 issue of the Texas Register (26 TexReg 3593) and will not be republished.

The amendment authorizes the Commission, instead of the executive secretary, to approve or disapprove an application by a licensed Class 3 or 4 racetrack for simulcasting. In addition, the amendment deletes the requirement that a licensed Class 3 or 4 racetrack must be in continuing operation for 25 years before it may be permitted to offer simulcasting. This modification will broaden the opportunity for future racetracks to meet the criteria for simulcasting.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing and for administering the Texas Racing Act;§3.021, which authorizes the Commission to regulate all aspects of horse or greyhound racing in this state with or without wagering; §6.06, which authorizes the Commission to adopt rules relating to all aspects of pari-mutuel tracks; §11.01, which authorizes the Commission to adopt rules to regulate pari-mutuel wagering; and §11.011, which authorizes the Commission to adopt rules to regulate pari-mutuel wagering on simulcast racing.

The amendment implements Texas Civil Statutes, Article 179e.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 27, 2001.

TRD-200103668

Judith L. Kennison

General Counsel

Texas Racing Commission

Effective date: July 17, 2001

Proposal publication date: May 18, 2001

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