16 TAC §321.313
The Texas Racing Commission proposes the new §321.313,
relating to select three, four, or five wagers. Sam Houston Race Park has
been awarded the Great State Challenge Races to be held in December of 2002.
In conjunction with this race card, Sam Houston Race Park and the NTRA have
decided to offer a pick-4 wager that with a carry-over pool. However, because
current Commission rules do not allow for this, Sam Houston Race Park requested
a rule modification. The new rule will allow the racetrack, with prior approval
of the executive secretary, to offer the select three, four or five pools
with or without a carry-over pool. As these modifications required major revisions
to the rule, a complete replacement of the rule was warranted.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the new rule is in effect there
will be no fiscal implications for state or local government.
Ms. Kennison has also determined that for each of the first five years
the new rule is in effect the public benefit anticipated as a result of enforcing
the proposal will be that the public is there will be more flexibility for
the wagering public. There will be no economic impact to small or micro businesses.
There is no anticipated economic cost to an individual required to comply
with the new rule as proposed. The proposal has no effect on the state's agricultural,
horse breeding, horse training, greyhound breeding, or greyhound training
industries.
Written comments must be submitted within 30 days after publication of
the proposed new rule in the
Texas Register
to Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The new rule 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.
The proposed rule implements Texas Civil Statutes, Article 179e.
§321.313.Select Three, Four, or Five.
(a)
The select three, four, or five wager is not a parlay and
has no connection with or relation to the win, place, and show pools shown
on the tote board.
(b)
A select three, four, or five ticket is evidence of a binding
contract between the holder of the ticket and the association and the ticket
constitutes an acceptance of this section. The association may select a distinctive
name for the select three, four, or five, with the prior approval of the executive
secretary.
(c)
The select three, four, or five pari-mutuel pool consists
of amounts contributed for a selection to win only on each of three, four,
or five races designated by the association with the approval of the executive
secretary. Each person purchasing a select three, four, or five ticket shall
designate the winning animal in each of the races comprising the select three,
four, or five.
(d)
A coupled entry or mutuel field in a race that is part
of the select three, four, or five shall race as a single betting interest
for the purpose of the select three, four, or five pari-mutuel pool calculations
and payoffs to the public. If any part of a coupled entry or mutuel field
is a starter in a race, the entry or field selection remains as the designated
selection to win in that race for the select three, four, or five calculation,
and the selection may not be deemed a scratch.
(e)
The select three, four, or five pari-mutuel pool may be
a carryover pool or a non-carryover pool. The association, with prior approval
of the executive secretary, will decide if the select three, four, or five
pari-mutuel pool will be offered as a carryover pool or a non-carryover pool.
(f)
A non-carryover select three, four, or five pari-mutuel
pool shall be distributed in accordance with this subsection. One hundred
percent of the net amount in the pari-mutuel pool subject to distribution
among winning ticket holders shall be distributed among the holders of pari-mutuel
tickets which:
(1)
Correctly designate the official winner in each of the
races comprising the select three, four, or five.
(2)
If no pari-mutuel ticket is sold combining the winners
of all of the races comprising the select three, four, or five, 100% of the
net amount in the pari-mutuel pool shall be distributed among the holders
of pari-mutuel tickets which include the winners of the next highest number
of winners of the races in the select three, four, or five.
(3)
If no pari-mutuel ticket is sold that would require distribution
of the select three, four, or five pool under paragraphs (1) or (2) of this
subsection, the association shall carry over all money wagered in the select
three, four, or five pool to the next consecutive select three, four, or five
pool.
(4)
If the final day of a race meeting is canceled or the select
three, four, or five pool has not been distributed, the pool shall be escrowed
by the association, and the pool plus all accrued interest shall be carried
over and added to the select three, four, or five pari-mutuel pool in the
following race meeting on a date and performance designated by the executive
secretary.
(5)
If one or two of the races comprising a select three is
canceled, two or three of the races comprising a select four are canceled,
or three or four of the races comprising a select five are canceled, the net
amount of the pari-mutuel pool shall be distributed as provided in paragraph
(2) of this subsection.
(g)
A carryover select three, four, or five pari-mutuel pool
shall be distributed in accordance with this subsection. The net pool in the
select three, four, or five pool is divided into a major pool and a minor
pool. The association shall designate the major pool to consist of 75% of
the net amount wagered on the select three, four, or five pool. The remaining
25% constitutes the minor pool.
(1)
The major pool shall be distributed among holders of select
three, four, or five tickets, which correctly designate the winner in each
of the races comprising the select three, four, or five.
(2)
Except as otherwise provided by this section, the minor
pool shall be distributed to those ticket holders who failed to correctly
designate the winner in each of the races comprising the select three, four,
or five, but who correctly selected the winners in the most, but not all of,
the races comprising the select three, four, or five. If there are no such
tickets, then the minor pool would be added to the major pool and:
(A)
Paid out to holders of tickets who correctly designated
the winner in each of the races comprising the select three, four, or five,
but if there are no such tickets,
(B)
Carried forward to the next select three, four or five
pool offered.
(3)
If no ticket is sold that designates the winner in each
of the races comprising the select three, four, or five, the major pool shall
be carried forward to the next select three, four or five pool offered to
be paid in the major pool.
(4)
Except as otherwise provided by this section, the major
pool shall be supplemented each performance by the amount added to the pool
from all previous performances' major pools that have not been won in accordance
with paragraph (1) of this subsection.
(5)
If on the last performance of the race meeting or on a
designated mandatory payout performance the major pool is not distributable
under paragraph (1) of this subsection, the major pool and all money carried
forward into that pool from previous performances shall be combined with the
minor pool and distributed to the holders of tickets correctly designating
the most, but not all, of the races comprising the select three, four, or
five.
(6)
Except as otherwise provided by this subsection, if one
or more of the races comprising a select three, four, or five is canceled
or declared a "no race", the amount contributed to the major pool for that
select three, four, or five shall be added to the minor pool for that same
select three, four, or five and distributed as an extra amount in the minor
pool to the holders of the tickets that designate the most winners in the
remaining races. All contributions to the major pool from prior select three,
four, or five pools shall remain in the major pool, to be carried forward
to the next select three, four, or five pool to be paid in the major pool
later on the race card or on the next performance.
(h)
If all of the races comprising the select three, four,
or five are canceled, the association shall refund the pari-mutuel tickets
sold on the select three, four, or five on that day. The association shall
carry over the remaining amount in the select three, four, or five pari-mutuel
pool to the next consecutive select three, four, or five pari-mutuel pool.
(i)
If a selection on a select three, four, or five ticket
in one or more of the races is scratched or determined by the stewards or
racing judges to be a nonstarter in the race, the actual favorite, as shown
by the largest amount wagered in the win pool at the time of the start of
the race, will be substituted for the nonstarting selection for all purposes,
including pool calculations and payoffs.
(j)
In the event of a dead heat for win between two or more
animals in a select three, four, or five race, all the animals in the dead
heat for win shall be considered as winning animals in the race for the purpose
of calculating the major or minor pools and the affected pool is calculated
as a win pool.
(k)
A pari-mutuel ticket for the select three, four, or five
pool may not be sold, exchanged, or canceled after the time wagering closes
in the first of the races comprising the select three, four, or five, except
for refunds on select three, four, or five tickets as required by subsection
(h) of this section. A person may not disclose the number of tickets sold
in the select three, four, or five pool or the number or amount of tickets
selecting winners of select three, four, or five races until the stewards
or racing judges have determined the last race comprising the select three,
four, or five to be official.
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 July 2, 2002.
TRD-200204179
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 18, 2002
For further information, please call: (512) 833-6699