Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
16 TAC §25.476
The Public Utility Commission of Texas (commission) proposes
new §25.476, relating to Labeling of Electricity with Respect to Fuel
Mix and Environmental Impact. The proposed new rule supplements §25.475,
relating to Information Disclosures to Residential and Small Commercial Customers,
and the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §39.101,
Customer Safeguards. Project Number 22816 is assigned to this proceeding.
This proposal revises a previously published version of proposed §25.476,
changing references to "power generating companies" to "owners of generation
assets," adds definitions for "generator scorecard" and "owner of generation
assets" and deletes the definition "PGC scorecard." Five additional questions
are also asked in this preamble. The previous version of the proposed rule,
which has been withdrawn, was published in the
Texas
Register
on February 2, 2001 (26 TexReg 1051). All previously filed
comments on the proposed rule as published February 2, 2001, are considered
part of the record for §25.476 as republished and do not need to be re-submitted.
This rulemaking was initiated on July 21, 2000, in the context of Project
Number 22255,
Rulemaking Proceeding for Customer
Protection Rules for Electric Restructuring Implementing SB 7 and SB 86.
After conducting several fact-gathering workshops, commission staff prepared
a strawman rule for discussion at a workshop that was held on November 14,
2000, at the commission's offices in Austin, Texas. Following the workshop,
interested parties submitted informal written comments. On March 26, 2001,
staff conducted a workshop on the rule in conjunction with a pre-hearing conference
in P.U.C. Docket Number 23802,
Proceeding to Consider
Section 14 of the ERCOT Protocols (Severed from Docket Number 22320).
When commenting on specific subsections of the proposed rule, parties are
encouraged to describe "best practice" examples of regulatory policies, and
their rationale, that have been proposed or implemented successfully in other
states already undergoing electric industry restructuring, if the parties
believe that Texas would benefit from application of the same policies. The
commission is only interested in receiving "leading edge" examples which are
specifically related and directly applicable to the Texas statute, rather
than broad citations to other state restructuring efforts.
In addition to comments on specific subsections of the proposed rule, the
commission requests that parties specifically address the following issues:
1. Should owners of renewable energy generation assets have the option
to split a plant's output between a certificate of generation and a renewable
energy credit (REC) offset? If so, what procedure would ensure that the output
is not double- counted?
2. How should the optional certificates program accommodate generation
from federally owned hydroelectric facilities whose output must be sold to
municipally owned utilities and electric co-operatives?
3. To simplify and streamline the reporting and calculation process, the
commission has developed forms, spreadsheets, and templates, residing on the
agency web- page, for data reporting from power generation companies (PGCs)
and calculation of the generator scorecard. Prototype scorecards with supporting
data can be found at http://www.puc.state.tx.us/rules/rulemake/22816/22816.cfm.
The commission has also developed forms, spreadsheets and templates for retail
electric provider (REP) calculation of fuel mix and emissions impacts, using
the generator scorecards. These will be used for web-based reporting and automated
data compilation, to minimize compliance effort and cost for the parties and
the commission. Parties are welcome to comment on these forms and spreadsheets,
which will be adopted after comment as part of final rule adoption.
4. Should the PGC generation scorecards and the REP fuel mix label be updated
only once per year, or would there be value to the market to develop updates
at more frequent intervals once the competitive retail market has stabilized?
For instance, would it be appropriate to use the same set of scorecards and
fuel mixes for all of 2002, but change the reporting and update schedule to
quarterly editions beginning in 2003? Given the availability of standardized,
web-based, automated reporting and calculation of these informational tools,
what would be the costs and benefits of more frequent updates, and what would
be the appropriate timing and preparation schedule?
5. As new generators enter the market and existing generators' portfolios
change, what updating process should be developed to reflect these changes
in the generator scorecards? Is it necessary to develop some verification
process as well, to assure that no erroneous or fraudulent reporting occurs?
David Hurlbut, Senior Economic Analyst, Policy Development Division, has
determined that for each year of the first five-year period the proposed section
is in effect the fiscal implications for state government as a result of enforcing
or administering the section will be minimal, as new costs will be offset
by transaction fees assessed on optional activities created by this proposed
section. Mr. Hurlbut has determined that there will be no fiscal implications
for local government as a result of enforcing or administering the section,
except in the case of a municipally owned utility that has opted into competition,
is operating outside its certificated service area, and chooses to use some
of the optional provisions created by this proposed section.
Mr. Hurlbut has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be an orderly, fair, and efficient market for retail
electric services that promotes competition and ensures that customers have
adequate information to make informed choices. There are no anticipated adverse
effects on small businesses or micro-businesses as a result of enforcing this
section. There are no anticipated additional economic costs to persons who
comply with the minimum requirements of this section as proposed; optional
provisions of this section simultaneously introduce potential costs and potential
benefits that are left to the market to resolve.
Mr. Hurlbut has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on June 21, 2001, at 9:30 a.m.
Comments on the proposed new section (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
PO Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the section. All comments should refer to Project Number 22816.
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction; and specifically, PURA §39.101 which grants the commission
authority to establish various specific protections for retail customers,
including entitling customers to have information concerning the environmental
impact of certain production facilities, and information sufficient to make
an informed choice of electric service provider; §39.9044 which grants
the commission authority to establish rules allowing and encouraging competitive
retailers to market electricity generated using natural gas produced in this
state as environmentally beneficial; and PURA Chapter 17, Subchapter A, which
authorizes the commission to adopt rules to protect retail customers and requires
the commission to promote public awareness of changes in the electric utility
market.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
39.101, 39.9044, and Chapter 17, Subchapter A.
§25.476.Labeling of Electricity with Respect to Fuel Mix and Environmental Impact.
(a)
Purpose. The purpose of this section is to establish the
procedures by which competitive retailers calculate and disclose information
on the Electricity Facts label pursuant to §25.475 of this title (relating
to Information Disclosures to Residential and Small Commercial Customers).
(b)
Application. This section applies to all competitive retailers
and affiliated retail electric providers (affiliated REPs) as defined in §25.471(d)
of this title (relating to General Provisions of Customer Protection Rules).
Additionally, some of the reporting requirements established in this section
apply to all owners of generation assets as defined in subsection (c) of this
section.
(c)
Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context indicates
otherwise:
(1)
Authenticated generation - Generated electricity with quantity,
fuel mix, and environmental attributes accounted for by a retired certificate
of generation, retired renewable energy credit (REC), or supply contract between
a competitive retailer or affiliated REP and an owner of generation assets.
(2)
Certificate of generation - A tradable instrument issued
by an owner of generation assets designating the megawatt-hours (MWh), fuel
and environmental attributes of a specific quantity of production from a specific
electricity generating facility.
(3)
Default scorecard - The estimated fuel mix and environmental
impact of all electricity in Texas that is not authenticated as defined in
paragraph (1) of this subsection.
(4)
Electricity Facts label - A standardized format, as described
in §25.475(e) of this title, for disclosure information and contract
terms made available to customers to help them choose a provider and an electricity
product.
(5)
Electricity product - A product offered by a competitive
retailer or affiliated REP to a customer for the provision of retail electric
service under specific terms and conditions, and marketed under a specific
Electricity Facts label.
(6)
Environmental impact - The information that is to be reported
on the Electricity Facts label under the heading "emissions and waste per
kWh generated," comprising indicators for carbon dioxide, nitrogen oxides,
particulates, sulfur dioxide, and spent nuclear reactor fuel. For the purposes
of this section, environmental impact refers specifically to emissions and
waste from generating facilities located in Texas, except as provided in subsection
(g)(3) of this section.
(7)
Fuel mix - The information that is to be reported on the
Electricity Facts label under the heading "sources of power generation." The
fuel mix shall be the percentage of total MWh obtained from each of the following
fuel categories: coal and lignite, natural gas, nuclear, renewable energy,
and other known sources. Renewable energy shall include power defined as renewable
by the Public Utility Regulatory Act (PURA) §39.904(d).
(8)
Generator scorecard - The aggregated fuel mix and environmental
impact of all an owner of generation asset's generating facilities located
in Texas, adjusted by subtracting any generation for which a REC has been
issued or a certificate of generation has been retired.
(9)
New product - An electricity product during the first year
it is marketed to customers.
(10)
Other generation sources - A competitive retailer's or
affiliated REP's supply of generated electricity that is not accounted for
by a direct supply contract with an owner of generation assets.
(11)
Owner of generation assets - A power generation company,
river authority, municipally owned utility, electric cooperative, or any other
entity that owns or controls generating facilities in the state of Texas.
(12)
Renewable energy credit (REC) - A tradable instrument
representing the generation attributes of one MWh of electricity from renewable
energy sources, as authorized by PURA §39.904 and implemented under §25.173
of this title (relating to the Goal for Renewable Energy).
(13)
Renewable energy credit offset (REC offset) - A REC offset
represents one MWh of renewable energy that may be used in place of a REC,
according to the provisions of §25.173 of this title.
(d)
Marketing standards for "green" and "renewable" electricity
products.
(1)
Any marketing statement made by a competitive retailer
or affiliated REP describing an electricity product as "green" must prominently
include the product's combined natural gas and renewable fuel mix percentage
consistent with its Electricity Facts label. A product may not be marketed
as "green" without reference to a fuel mix percentage.
(2)
Any marketing statement made by a competitive retailer
or affiliated REP describing an electricity product as "renewable" must prominently
include the product's renewable fuel mix percentage as shown on its Electricity
Facts label and may not include the product's natural gas fuel mix percentage.
A product may be marketed as "renewable" without reference to a fuel mix percentage
only if the product's authenticated fuel mix is 100% renewable.
(e)
Compilation of scorecard data.
(1)
The commission will create and maintain a database of generator
scorecards reflecting each owner of generation assets' company-wide fuel mix
and environmental impact data based on generating facilities located in Texas.
These scorecards shall be used by competitive retailers and affiliated REPs
in determining the fuel and environmental attributes of electricity sold to
retail customers.
(2)
Generator scorecards will be published on the commission's
internet web site beginning July 1, 2001, and shall state:
(A)
MWh obtained from each fuel source (coal and lignite, natural
gas, nuclear, renewable energy, and other sources), excluding generation for
which a REC has been issued, and the corresponding percentages of total MWh;
(B)
tons of carbon dioxide, nitrogen oxides, particulates,
sulfur dioxide, and spent nuclear fuel produced, excluding emissions from
generation for which a REC has been issued, and the corresponding emission
rates in tons per MWh; and
(C)
sources from which data were obtained.
(3)
Not later than March 1 of each year, the commission will
update all generator scorecards to reflect:
(A)
changes in generation facilities' emission rates and fuel
use;
(B)
new plants in operation and the retirement of plants previously
in operation; and
(C)
certificates of generation issued for the previous calendar
year by the owner of generation assets that a competitive retailer or affiliated
REP intends to retire to authenticate fuel mix and environmental impact disclosures.
(4)
Not later than March 1 of each year, the commission will
calculate a default scorecard to account for all electric generation in the
state that is not authenticated as defined in subsection (c)(1) of this section.
(A)
The default fuel mix shall be the percentage of total MWh
of generation not authenticated that has been obtained from each fuel type.
(B)
Default emission rates for each environmental criterion
shall be calculated by dividing total tons of emissions or waste by total
MWh, using data only for generation not authenticated.
(C)
The default scorecard shall be published on the commission's
internet web site beginning July 1, 2001.
(f)
Certificates of generation. At its option, an owner of
generation assets may issue and sell certificates of generation representing
the fuel mix and environmental attributes of a specific generating facility
that it operates in Texas. Certificates of generation may be traded by competitive
retailers, affiliated REPs, power marketers, or any other party, and may be
retired by competitive retailers and affiliated REPs to authenticate the fuel
mix and environmental attributes of electricity sold to retail customers.
(1)
The commission shall appoint a program administrator who
shall:
(A)
establish a registry of certificates issued by owners of
generation assets;
(B)
maintain public information on its website that provides
trading program information to interested buyers and sellers of certificates;
(C)
create an exchange procedure where persons may purchase
and sell certificates anonymously;
(D)
perform audits of generators participating in the certificates
program to verify the accuracy of production data reported on registered certificates;
(E)
inform participating owners of generation assets of the
certificates that have been submitted for retirement by competitive retailers
and affiliated REPs;
(F)
collect user fees sufficient for the program to be self-sustaining;
and
(G)
submit an annual report to the commission describing the
number and characteristics of certificates issued by owners of generation
assets, number and characteristics of certificates retired by competitive
retailers, and other pertinent information regarding the operation of the
certificates program.
(2)
A certificate shall be based on electricity generated prior
to the certificate issue date. A certificate may cover any length of time
within a single calendar year. Certificates for electricity generated during
a given calendar year must be issued before February 8 of the following year.
(3)
A certificate shall account for all of the facility's electricity
output for the period covered by the certificate.
(4)
No quantity of generation may be included in more than
one certificate.
(5)
Certificates shall not represent electricity output associated
with a REC or a REC offset.
(6)
Certificates may be sold as independent instruments or
in conjunction with supply contracts between the issuing owner of generation
assets and a competitive retailer. If an owner of generation assets sells
certificates to a retailer in conjunction with a supply contract, and the
retailer chooses to resell the certificates to another party while retaining
the electricity, the retailer shall use the owner of generation assets' company
scorecard to describe the attributes of the retained electricity.
(7)
Each certificate must include the following information
specific to the generation for which it has been issued:
(A)
name of the issuing owner;
(B)
unique identification for the generating facility, including
meter identification number;
(C)
date of issue;
(D)
time and date of the beginning of the period covered by
the certificate;
(E)
time and date of the end of the period covered by the certificate;
(F)
MWh metered during the period covered by the certificate;
(G)
types of fuel used during the period covered by the certificate;
(H)
the amount (in tons) of carbon dioxide, nitrogen oxides,
sulfur dioxide, particulates, and spent nuclear fuel produced by the facility
as a result of generating the MWh represented by the certificate; and
(I)
an affidavit that the information contained in the certificate
is true and accurate.
(8)
An owner of generation assets shall register each of its
certificates of generation with the program administrator. Certificates not
registered by February 8 following the reporting year shall be invalid.
(9)
For the purposes of calculating its fuel and environmental
impact disclosures for its Electricity Facts labels, a competitive retailer
or affiliated REP may purchase and retire certificates of generation to account
for other generation sources as defined in subsection (c)(10) of this section.
If all of a competitive retailer's or affiliated REP's other generation sources
are represented by certificates, the retailer may retire additional certificates
to represent power obtained under a supply contract with any owner of generation
assets that otherwise would have been represented by the owner's scorecard.
All certificates that a competitive retailer or affiliated REP intends to
use to authenticate its disclosures must be included in the supply report
required under subsection (g)(1) of this section.
(10)
Not later than February 15 of each year, the program administrator
shall inform participating owners of generation assets of the certificates
that competitive retailers and affiliated REPs intend to retire. Not later
than March 1 of each year, each owner of generation assets that has issued
certificates shall provide the commission with an adjusted generator scorecard.
The adjusted scorecard shall be based on the same data used by the commission
in determining the owner of generation assets' unadjusted scorecard and shall
exclude:
(A)
all certificated generation that a competitive retailer
or affiliated REP intends to retire; and
(B)
generation represented by a REC or a REC offset.
(11)
A certificate is not valid if the issuing owner of generation
assets has failed to register the certificate or has failed to provide the
commission with an adjusted scorecard as stipulated in paragraphs (8) and
(10) of this subsection.
(g)
Calculating fuel mix and environmental impact disclosures.
(1)
Not later than February 8 of each year, each competitive
retailer and affiliated REP shall report to the commission:
(A)
all owners of generation assets and other entities from
which the competitive retailer or affiliated REP purchased electricity for
delivery to customers during the previous calendar year and the MWh obtained
from each supplier, with sources that together supplied less than 5.0% of
the competitive retailer's electricity combined and treated as other generation
sources;
(B)
MWh sold under each electricity product offered by the
competitive retailer or affiliated REP during the previous calendar year;
and
(C)
all certificates of generation that the competitive retailer
or affiliated REP intends to retire to authenticate fuel mix and environmental
impact disclosures for the previous calendar year.
(2)
Not later than April 1 of each year, each competitive retailer
and affiliated REP shall calculate its fuel mix and environmental impact for
the previous calendar year, concurrent with settlement period established
in §25.173(l) of this title. Calculations shall include a disclosure
that aggregates all electricity products offered by the competitive retailer,
and specific disclosures for each electricity product. Disclosures provided
on an Electricity Facts label shall describe a specific electricity product
sold to customers during the calendar year preceding the settlement period,
except as provided in paragraph (9) of this subsection.
(3)
For power purchased from sources outside of Texas, a supply
contract between a competitive retailer or affiliated REP and the owner of
a generating facility may be used to authenticate fuel mix and environmental
impact claims.
(A)
The contract must identify a specific generating facility
from which the competitive retailer or affiliated REP is to obtain electricity.
(B)
The competitive retailer or affiliated REP shall include
fuel mix and environmental impact information for the specified generating
facility in its report to the commission pursuant to paragraph (1) of this
subsection. Data shall come from the same sources used by the commission as
reported pursuant to subsection (e)(2)(C) of this section. If the generating
facility is not included in any database used by the commission, the retailer
and the generating facility owner may provide other comparable public data
that have been reported to a federal or state agency for the specified facility.
(4)
For the purposes of disclosures on the Electricity Facts
label, the retirement of RECs shall be the only method of authenticating generation
for which a REC has been issued in accordance with §25.173 of this title.
The retirement of a REC shall be equivalent to one megawatt-hour of generation
from renewable resources. The use of RECs to authenticate the use of renewable
fuels on the Electricity Facts label must be consistent with REC account information
maintained by the renewable energy credits trading program administrator.
A REC offset may be used to authenticate the renewable attributes of its associated
supply contract.
(5)
A competitive retailer's or affiliated REP's company fuel
mix shall be the MWh-weighted average of the fuel mixes represented by its
generator scorecards, retired certificates of generation, out-of-state supply
contracts, retired RECs, and the default scorecard. MWh from generation sources
not authenticated in accordance with this section shall be represented by
the fuel mix of the default scorecard.
(6)
A competitive retailer's or affiliated REP's company environmental
impact shall be the MWh-weighted average of the emission rates represented
by its generator scorecards, retired certificates of generation, out-of-state
supply contracts, retired RECs, and the default scorecard. Emissions of MWh
from generation sources not authenticated in accordance with this section
shall be represented by the default scorecard. The weighted average of each
category of environmental impact shall then be indexed by dividing it by the
corresponding state average emission rate and multiplying the result by 100.
(7)
If a competitive retailer or affiliated REP offers multiple
electricity products that differ with regard to the fuel mix and environmental
impact disclosures presented on the Electricity Facts labels:
(A)
the retailer shall apportion its company fuel mix and emission
rates consistent with the product-specific MWh sales reported under paragraph
(1)(B) of this subsection; and
(B)
each label shall reflect the number of RECs that the competitive
retailer or affiliated REP has retired to satisfy the requirements of §25.173(h)
of this title, relating to the allocation of REC purchase requirement to competitive
retailers; additional RECs that are retired voluntarily may be applied to
any electricity product offered by the company, except as limited by paragraph
(8) of this subsection.
(8)
An affiliated REP shall use only one fuel mix and environmental
impact disclosure for all price-to-beat products sold to residential and small
commercial customers of its affiliated transmission and distribution utility.
(9)
A competitive retailer or affiliated REP may anticipate
the fuel mix and environmental impact of a new product and adjust the disclosures
for its existing products to account for the new product's projected sales.
(A)
On the fuel mix disclosure of a new product's Electricity
Facts label, the heading "Sources of power generation" shall be replaced with
"Projected sources of power generation."
(B)
On the environmental impact disclosure of a new product's
Electricity Facts label, the heading "Emissions and waste per kWh generated"
shall be replaced with "Projected emissions and waste per kWh generated."
(C)
The competitive retailer or affiliated REP shall exercise
due diligence in its acquisition of purchased power throughout the year so
that the fuel mix and environmental impact authenticated at the end of the
year is at least as favorable as what the retailer projected.
(D)
Nothing in this subsection shall be construed as protecting
a competitive retailer or affiliated REP against prosecution under deceptive
trade practices statutes.
(E)
A projected fuel mix may be used only for new products.
(h)
Special provisions for the first year of competition. Each
competitive retailer and affiliated REP during the first year of competition,
beginning January 1, 2002, and ending December 31, 2002, shall estimate the
fuel mix and environmental impact of its electricity products offered as follows:
(1)
affiliated REPs shall estimate their fuel mixes and environmental
impacts by using the company fuel mixes and emission rates of their affiliated
PGCs; and
(2)
all other competitive retailers shall project the fuel
mix and environmental impacts of products they offer during 2002, and shall
exercise due diligence in their acquisition of purchased power throughout
the year so that the fuel mix verified at the end of the year is at least
as favorable as what was projected.
(i)
Compliance and enforcement.
(1)
If the commission finds that a REP, other than a municipally
owned utility or an electric cooperative, is in violation of this section,
the commission shall order the REP to take corrective action as necessary,
and the REP may be subject to administrative penalties pursuant to PURA §15.023
and 15.024.If the commission finds that an electric cooperative or a municipally
owned utility is in violation, it shall inform the cooperative's board of
directors and general manager, or the municipal utility's general manager
and city council, and may issue an advisory to local news media.
(2)
If the commission finds that a REP, other than a municipally
owned utility or an electric cooperative, repeatedly violates this section,
and if consistent with the public interest, the commission may suspend, restrict,
deny, or revoke the registration or certificate, including an amended certificate,
of the REP, thereby denying the REP the right to provide service in this state.
(3)
The commission shall coordinate its enforcement efforts
regarding the prosecution of fraudulent, misleading, deceptive, and anticompetitive
business practices with the office of the attorney general in order to ensure
consistent treatment of specific alleged violations.
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 1, 2001.
TRD-200102470
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 936-7308
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
2.
PROGRAMS FOR HORSES
16 TAC §303.94
The Texas Racing Commission proposes an amendment to §303.94,
relating to Arabian horse rules. The amendment would adopt 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.
The rules establish a program for accredited grandfather runners. Additionally,
the TABA amended rules establish a fee schedule for the new accredited horses.
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 public benefit anticipated will be increased participation
by Texas-bred breeders. There will be no fiscal implications for small or
micro-businesses. There is an anticipated economic cost to an individual desiring
to accredit an Texas-bred Arabian horse pursuant to the revised rules. The
fee varies with the age of the horse, beginning at $125 for weanlings and
ending at $500 for three year olds.. The proposal has no effect on the state's
agricultural, horse training, greyhound breeding, or greyhound training industries.
The proposal will affect the breeding industry for Arabian horses.
Comments on the proposal may be submitted on or before June 18, 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; §6.08, 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 proposed amendment implements Texas Civil Statutes, Article 179e.
§303.94.Arabian Horse Rules
The
Commission
[
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 7, 2001.
TRD-200102557
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 833-6699
Subchapter E. TRAINING FACILITIES
16 TAC §313.507
The Texas Racing Commission proposes an amendment to §313.507
relating to employees at training facilities. The amendment would reflect
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 was inadvertently omitted
from this rule.
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 local government and negligible fiscal implications
for state government as a result of enforcing the proposal. Although the fee
amount has been reduced, the number of licensees affected by the proposal
negates any significant impact.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the anticipated public benefit is a reduction of governmental
fees. There will be slight fiscal implications for small or micro-businesses
involved in horse and greyhound training businesses. Those businesses that
expend funds for the licenses of its employees will reap a slight reduction
in its operational costs. There will be no anticipated economic cost to an
individual required to comply with the rule as proposed, in fact, a slight
benefit is anticipated. There will be no effect on the state's agricultural,
horse breeding, horse training, greyhound breeding industries, or greyhound
training industries.
Comments on the proposal may be submitted on or before June 18, 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; §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 proposed amendment implements Texas Civil Statutes, Article 179e.
§313.507.Employees of Training Facilities.
(a)
The general manager and chief executive officer of a licensed
training facility must obtain a training facility employee license from the
Commission. The license fee for a training facility employee license is
$15
[
(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 May 7, 2001.
TRD-200102558
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 833-6699
Subchapter B. TREATMENT OF HORSES
16 TAC §319.111
The Texas Racing Commission proposes an amendment to §319.111,
relating to bleeders and the Furosemide (Lasix) program. The proposed 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.
Judith L. Kennison, General Counsel for the Texas Racing Commission, 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 the anticipated public benefit for
each of the first five years the rule is in effect will be increased accuracy
in determining eligibility for the Lasix program and that pari-mutuel horse
racing will be safer and more humane for the horses. There will be no fiscal
implications for small or micro-businesses. There is may be some economic
cost to an individual required to comply with the rule as proposed. Because
a horse diagnosed with EIPH is required to forego racing for a period of time
for recuperative purposes, the owner of a horse that bleeds will lose the
opportunity to earn purse money during that recuperative period. The total
amount of potential earnings lost cannot be determined, however, due to the
variables of purse structure, the competitive quality of the horses, and the
number of horses suffering from EIPH.
The proposal has no effect on the state's agricultural, horse breeding,
greyhound breeding and training industries. The proposal has some effect on
the horse training industry, in that it recognizes diagnoses of EIPH in other
jurisdictions, thereby preventing a horse from racing in Texas during the
recuperative period following subsequent bleeding episodes.
Comments on the proposal may be submitted on or before June 18, 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;§6.06
which authorizes the Commission to adopt rules relating to the operation of
racetracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§319.111.Bleeders and Furosemide (Lasix) Program.
(a)
Diagnosis of EIPH. A bleeder is a horse that experiences
Exercise Induced Pulmonary Hemorrhage (EIPH).
Except as otherwise provided
by this subsection, the
[
(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 7, 2001.
TRD-200102560
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 833-6699
Subchapter D. SIMULCAST WAGERING
Part 8.
TEXAS RACING COMMISSION
commission
] adopts by reference
the rules of the Texas Arabian Breeders Association dated
March 31, 2001
[
May 5, 1997
], regarding the administration of the Texas
Bred Incentive Program for Arabian horses. Copies of these rules are available
at the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711, or at
the
Commission
[
commission
] office at 8505 Cross Park
Drive, #110, Austin, Texas 78754-4594.
Chapter 313.
OFFICIALS AND RULES OF HORSE RACING
$20
]. A training facility employee license may be denied,
suspended, or revoked for any of the grounds listed in the Act, §7.04.
Chapter 319.
VETERINARY PRACTICES AND DRUG TESTING
The
] medical diagnosis of EIPH may
be made only by a commission veterinarian, or a practicing veterinarian holding
a current license from the
Commission
[
commission
].
A certification as a bleeder by any pari-mutuel racing jurisdiction will
also constitute a medical diagnosis for purposes of this section.
A
veterinarian who diagnoses an EIPH event in a horse participating in pari-mutuel
racing in this state shall report the event to the commission veterinarian
in a format prescribed by the
Commission
[
commission
].
On receipt of the first report of a diagnosed EIPH event for a horse, the
commission veterinarian shall certify the horse as a bleeder.
Chapter 321.
PARI-MUTUEL WAGERING