Part 8.
TEXAS RACING COMMISSION
Chapter 301.
DEFINITIONS
16 TAC §301.1
The Texas Racing Commission proposes an amendment to §301.1,
relating to definitions. The amendment deletes the definition of the term
"declaration". The deletion is necessary because the term has become obsolete
in the racing industry. The amendment also capitalizes the word "commission"
and change the phrase "rules of the commission" to "the Rules" to conform
to current rule style.
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 proposal may be submitted on or before April 20, 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 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 proposed amendment implements Texas Civil Statutes, Article 179e.
§301.1.Definitions.
(a)
(No change.)
(b)
The following words and terms, when used in this part,
shall have the following meanings, unless the context clearly indicates otherwise:
(1)-(4)
(No change.)
(5)
Application period--a period designated by the
Commission
[
(6)
Association grounds--all real property approved by the
Commission
[
(7)-(13)
(No change.)
(14)
Chief veterinarian--the chief veterinarian employed by
the
Commission
[
(15)-(19)
(No change.)
[(20)
Declaration--the withdrawal of an entered
horse or greyhound from a race.]
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(A)
an insurance company as defined by the Securities Act of
1933, §2(13), a bank as defined by that Act, §3(a)(2), a savings
and loan association or other institution referenced in that Act, §3(a)(5)(A),
or a foreign bank or savings and loan association or equivalent institution;
(B)
an investment company as defined by the Investment Company
Act of 1940, §3(a), an issuer that would have been deemed an investment
company under that Act except for the exclusion in that Act, §3(c)(1),
or a business development company as defined by that Act, §2(c)(48);
(C)
a small business investment company licensed by the United
States Small Business Administration under the Small Business Investment Act
of 1958, §301(c) or (d);
(D)
a plan established and maintained by a state, its political
subdivisions, or an agency or instrumentality of a state or its political
subdivisions for the benefit of its employees;
(E)
an employee benefit plan within the meaning of Title I
of the Employee Retirement Income Security Act of 1974;
(F)
a trust fund whose trustee is a bank or trust company and
whose participants are exclusively plans of the types identified in subparagraph
(D) or (E) of this definition, except trust funds that include as participants
individual retirement accounts or H.R. 10 plans;
(G)
a business development company as defined by the Investment
Advisers Act of 1940, §202(a)(22), or an investment adviser registered
under that Act;
(H)
an organization described in the Internal Revenue Code, §501(c)(3);
(I)
a dealer registered under the Securities Exchange Act of
1934, §15;
(J)
a legal entity with a market value of at least $50 million
whose securities are traded on a nationally recognized or foreign securities
exchange or interdealer quotation system, such as NASDAQ; and
(K)
a legal entity, acting for its own account or the account
of other exempt institutional investors, that in the aggregate owns and invests
on a discretionary basis at least $25 million in securities of issuers that
are not affiliated with the entity, with the aggregate value of the securities
being the cost of the securities, except if the entity reports its securities
holdings in its financial statements based on their market value and no current
information regarding the cost of the securities has been published, in which
case the securities may be valued at market.
(25)
[
(26)
[
(27)
[
(28)
[
(A)
Hurdle race--a race over a course in which jumps or hurdles
are used.
(B)
Match race--a race between two or more greyhounds, each
the property of different owners, on terms agreed on by the owners and approved
by the
Commission
[
(C)
Overnight race--a race for which entries close 96 hours
or less before the time set for the first race of the day on which the race
is to be run.
(D)
Purse race--a race for money or other prize to which the
owners of the greyhounds engaged in the race do not contribute an entry.
(E)
Race on the flat--a race over a course in which no jumps
or other obstacles are placed.
(F)
Stakes race--a race in which all money is to be deposited
by the owners of the greyhounds engaged in the race, including a race of the
day on which the stakes race is to be run.
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(A)
Claiming race--a race in which a horse may be claimed in
accordance with the
Rules
[
(B)
Derby race--a race in which the first condition of eligibility
is to be three years old.
(C)
Futurity race--a race in which the first condition of eligibility
is to be two years old.
(D)
Guaranteed race--a race for which the association guarantees
by its conditions a specified purse, which is the limit of its liability.
(E)
Handicap race--a race in which the weights to be carried
by the entered horses are adjusted by the racing secretary for the purpose
of equalizing their respective chances of winning.
(F)
Match race--a race between only two horses that are owned
by different owners.
(G)
Maturity race--a race in which the first condition of eligibility
is to be four years of age or older.
(H)
Optional claiming race--a claiming race in which there
is an option to have horses entered to be claimed for a stated price or not
eligible to be claimed.
(I)
Progeny race--a race restricted to the offspring of a specific
stallion or stallions.
(J)
Purse or overnight race--a race for which owners of horses
entered are not required by its conditions to contribute money toward its
purse.
(K)
Stakes race--a race to which nominators of the entries
contribute to a purse.
(L)
Starter race--an overnight race under allowance or handicap
conditions, restricted to horses which have previously started for a designated
claiming price or less, as stated in the conditions of the race.
(M)
Walkover race--a stakes race in which only one horse starts
or all the starters are owned by the same interest.
(N)
Weight for age race--a race in which weights are assigned
in keeping with the scale of weights in these rules.
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(51)
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
(65)
[
(66)
[
(67)
[
(68)
[
(69)
[
(70)
[
(71)
[
(72)
[
(73)
[
(74)
[
(75)
[
(76)
[
(77)
[
(78)
[
(79)
[
(80)
[
(81)
[
(82)
[
(83)
[
(84)
[
(85)
[
(86)
[
(87)
[
(88)
[
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 March 5, 2001.
TRD-200101272
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: April 15, 2001
For further information, please call: (512) 833-6699
Subchapter C. HORSE RACETRACKS
1.
RACETRACKS
16 TAC §309.214
The Texas Racing Commission proposes an amendment to §309.214
relating to distance markers around horse racetracks. The amendment clarifies
the demarcation of distances around a horse racetrack. These distances are
to be measured in either miles, fractions of miles, or yards, not poles.
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 anticipated public benefit is increased reliability
in the accuracy of the rule. 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. 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 April 20, 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.
§309.214.Distance Markers.
(a)-(b)
(No change.)
(c)
The starting point markers and distance poles must be marked
as follows:
(1)
1/16
mile
[
(2)
1/8
mile
[
(3)
1/4
mile
[
(4)-(13)
(No change.)
(14)
870
[
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 March 5, 2001.
TRD-200101273
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: April 15, 2001
For further information, please call: (512) 833-6699
Subchapter A. LICENSING PROVISIONS
commission
] for the submission of application documents
for a racetrack license.
commission
] for use by an association in the
conduct of a race meeting.
commission
].
(21)
] Double entry--an entry of
two or more greyhounds in the same race that have either common ownership
or the same trainer and are separate wagering interests.
(22)
] Encrypted--scrambled or otherwise
manipulated audio-visual signals to mask the original video content of the
signal to cause the signals to be indecipherable and unrecognizable to any
person receiving the signal.
(23)
] Entry--a horse, or horses
in the case of a coupled entry, made eligible to run in a race.
(24)
] Established weight--the racing
weight for a greyhound established in accordance with the
Rules
[
rules of the commission
].
(25)
] Exempt institutional investor--an
investor who is:
(26)
] Exotic pool--a mutuel pool
that involves wagers on more than one entered horse or greyhound or on entries
in more than one race.
(27)
] False start--failure of the
starting gate or box doors to open simultaneously.
(28)
] Foul--an action by a horse
or jockey that hinders or interferes with another horse or jockey during the
running of a race.
(29)
] Greyhound race--a contest
among greyhounds for purse, stakes, premium, or wager for money, run in the
presence of the racetrack officials, including the following:
commission
].
(30)
] Groom--an individual employed
by an owner or trainer of a race horse to tend to the physical appearance
of the horse and to perform chores in and around the stable.
(31)
] Growing medium--the substance
immediately below the grass on a turf track.
(32)
] Handle--the total amount
of money wagered at a racetrack during a particular period.
(33)
] Horse--an equine of any breed,
including a stallion, gelding, mare, colt, filly, or ridgling.
(34)
] Horse Race--a running contest
between horses for entry fees, purse, prize, or other reward, including the
following:
rules of the commission
].
(35)
] In today horse--a horse that
is in the body of a race program which is entered into a race on the next
consecutive race day.
(36)
] Kennel area--an area on association
grounds for the boarding or training of greyhounds.
(37)
] Lead out--an individual who
handles a greyhound from the lockout kennel to the starting box.
(38)
] Locked in the gate--a horse
or greyhound that is prevented from leaving the starting gate or box due to
the failure of the front door of the gate or box to open simultaneously with
the other doors.
(39)
] Lure--a mechanical apparatus
at a greyhound racetrack consisting of a stationary rail installed around
the track, a motorized mechanism that travels on the rail, and a pole that
is attached to the mechanism and extends over the track, and to which a decoy
is attached.
(40)
] Maiden--a horse or greyhound
that has never won a race at a recognized race meeting authorized by the
Commission
[
commission
] or by another racing jurisdiction.
(41)
] Minus pool--a pool in which
there are insufficient net proceeds to pay the minimum price to holders of
the winning tickets.
(42)
] Mutuel field--a group of
horses joined as a single betting interest in a race due to the limited numbering
capacity of the totalisator.
(43)
] No race--a race that is canceled
after being run due to a malfunction of the starting gate or box or any other
applicable reason as determined by the
Rules
[
rules of the
commission
].
(44)
] Nominator--the person in
whose name a horse or greyhound is entered for a race.
(45)
] Occupational licensee--an
individual to whom the commission has issued a license to participate in racing
with pari-mutuel wagering.
(46)
] Odds--a number indicating
the amount of profit per dollar wagered to be paid to holders of winning pari-mutuel
tickets.
(47)
] Odds board--a facility at
a racetrack that is easily visible to the public on which odds, payoffs, advertising,
or other pertinent information is posted.
(48)
] Off time--the moment when,
on signal from the starter, the horses or greyhounds break from the starting
gate or box and run the race.
(49)
] Paddock--the area in which
horses or greyhounds gather immediately before a race.
(50)
] Patron--an individual present
on association grounds during a race meeting who is eligible to wager on the
racing.
(51)
] Pecuniary interest--
includes
[
Includes
] a beneficial ownership interest in an
association, but does not include bona fide indebtedness or a debt instrument
of an association.
(52)
] Performance--the schedule
of horse or greyhound races run consecutively as one program.
(53)
] Photofinish--the system of
recording pictures or images of the finish of a race to assist in determining
the order of finish.
(54)
] Place--to finish second in
a race.
(55)
] Post position--the position
assigned to a horse or greyhound in the starting gate or box.
(56)
] Post time--the time set for
the arrival at the starting gate or boxes by the horses or greyhounds in a
race.
(57)
] Purse--the cash portion of
the prize for a race.
(58)
] Race date--a date on which
an association is authorized by the
Commission
[
commission
] to conduct races.
(59)
] Race day--a day in which
a numerical majority of scheduled races is conducted and is a part of the
association's allocated race days.
(60)
] Race meeting--a group of
days on which horse or greyhound racing is conducted at a racetrack.
(61)
] Racetrack facility--the buildings,
structures and fixtures located on association grounds used by an association
to conduct horse or greyhound racing.
(62)
] Racetrack official--an individual
appointed or approved by the
Commission
[
commission
]
to officiate at a race meeting.
(63)
] Racing judge--the executive
racing official at a greyhound track.
(64)
] Reasonable belief--a belief
that would be held by an ordinary and prudent person in the same circumstances
as the actor.
(65)
] Recognized race meeting--a
race meeting held under the sanction of a turf authority.
(66)
] Refunded ticket--a pari-mutuel
ticket that has been refunded for the value of a wager that is no longer valid.
(67)
] Rule off--to bar an individual
from the enclosure of an association and to deny all racing privileges to
the individual.
(68)
] Rules--the rules adopted
by the Texas Racing Commission found in Title 16, Part VIII of the Texas Administrative
Code.
(69)
] Schooling race--a practice
race conducted under actual racing conditions but for which wagering is not
permitted.
(70)
] Scratch--to withdraw an entered
horse or greyhound from a race after the closing of entries.
(71)
] Scratch time--the closing
time set by an association for written requests to withdraw from a race.
(72)
] Show--to finish third in
a race.
(73)
] Specimen--a bodily substance,
such as blood, urine, or saliva, taken for analysis from a horse, greyhound,
or individual in a manner prescribed by the
Commission
[
commission
].
(74)
] Stakes payments--the fees
paid by subscribers in the form of nomination, entry, or starting fees to
be eligible to participate.
(75)
] Stallion owner--a person
who is owner of record, at the time of conception, of the stallion that sired
the accredited Texas-bred horse.
(76)
] Starter--a horse or greyhound
entered in a race when the doors of the starting gate or box open in front
of the horse or greyhound at the time the official starter dispatches the
horses or greyhounds.
(77)
] Straight pool--a mutuel pool
that involves wagers on a horse or greyhound to win, place, or show.
(78)
] Subscription--money paid
to nominate, enter, or start a horse or greyhound in a stakes race.
(79)
] Tack room--a room in the
stable area of a horse racetrack in which equipment for training and racing
the horses is stored.
(80)
] Totalisator--a machine or
system for registering and computing the wagering and payoffs in pari-mutuel
wagering.
(81)
] Tote room--the room in which
the totalisator equipment is maintained.
(82)
] Tout--an individual licensed
to furnish selections on a race in return for a set fee.
(83)
] Trial--a race designed primarily
to determine qualifiers for finals of a stakes race.
(84)
] Uplink--an earth station
broadcasting facility, whether mobile or fixed, which is used to transmit
audio-visual signals and/or data emanating from a sending racetrack, and includes
the electronic transfer of received signals from the receiving antenna to
TV monitors within the receiving location.
(85)
] Weigh in--the process by
which a jockey is weighed after a race or by which a greyhound is weighed
before being placed in the lockout kennel.
(86)
] Weighing in weight--the weight
of a greyhound on weighing in to the lockout kennel.
(87)
] Weigh out--the process by
which a jockey or greyhound is weighed before a race.
(88)
] Weighing out weight--the
weight of a greyhound on weighing out of the lockout kennel immediately before
post time for the race in which the greyhound is entered.
(89)
] Win--to finish first in a
race.
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
poles
]--Black and white
stripes
poles
]--Green and white
stripes
poles
]--Red and white stripes
880
] yards--Blue and white
stripes
Chapter 311.
OTHER LICENSES