TITLE 16.ECONOMIC REGULATION

Part 8. TEXAS RACING COMMISSION

Chapter 307. PROCEEDINGS BEFORE THE COMMISSION

Subchapter C. PROCEEDINGS BY THE STEWARDS AND RACING JUDGES

16 TAC §307.65

The Texas Racing Commission proposes an amendment to §307.65, relating to the reciprocity of rulings issued in other racing jurisdictions. The amendment deletes the restriction that the stewards and racing judges may honor rulings issued only by racing jurisdictions in the United States. This amendment will permit the stewards and racing judges to honor, through reciprocity, the rulings against licensees that are issued by racing jurisdictions throughout the world.

Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing the amendment.

Ms. Flowerday has also determined that for each of the first five years the amendment is in effect the anticipated public benefit will be that the integrity of pari-mutuel racing will be enhanced by prohibiting licensees from circumventing disciplinary actions taken in other racing jurisdictions. There are no fiscal implications for small or micro-businesses. There is no anticipated economic cost to an individual required to comply with the amendment as proposed. The proposal has no effect on the state's agricultural, greyhound breeding, or horse breeding industries. The proposal may affect the horse training or greyhound training operations, in that it may prohibit an individual currently under suspension in another racing jurisdiction from participating in pari-mutuel racing in this state during the term of that suspension.

Comments on the proposal may be submitted on or before April 1, 2003, to Paula C. Flowerday, Executive Secretary 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; and §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials and authorizes the stewards and racing judges to impose penalties against occupational licensees.

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

§307.65.Reciprocity.

The stewards and racing judges shall honor the rulings issued by other pari-mutuel racing commissions [ in the United States ].

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 February 7, 2003.

TRD-200300937

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Earliest possible date of adoption: March 23, 2003

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


Chapter 311. OTHER LICENSES

Subchapter A. LICENSING PROVISIONS

1. OCCUPATIONAL LICENSES

16 TAC §311.3

The Texas Racing Commission proposes an amendment to §311.3, relating to information for background checks. The amendment increases the number of days the Commission staff has to deliver fingerprint cards for license applicants to the Department of Public Safety for processing.

Paula C. Flowerday, Executive Secretary for the Texas Racing Commission, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing the amendment.

Ms. Flowerday has also determined that for each of the first five years the amendment is in effect the anticipated public benefit will be that the Commission's occupational licensing program will function efficiently and effectively. There are no fiscal implications for small or micro-businesses. There is no anticipated economic cost to an individual required to comply with the amendment as proposed. The proposal has no effect on the state's agricultural, horse training, horse breeding, greyhound breeding, or greyhound training industries.

Comments on the proposal may be submitted on or before April 1, 2003, to Paula C. Flowerday, Executive Secretary 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; and §5.03, which requires an applicant for a license to submit fingerprints.

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

§311.3.Information for Background Investigation.

(a) Fingerprint Requirements and Procedure.

(1) - (2) (No change.)

(3) Not later than 10 business days [ the first business day ] after the day the Commission receives the sets of fingerprints under this section, the Commission shall forward the fingerprints to the Department of Public Safety.

(4) - (5) (No change.)

(b) (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 February 7, 2003.

TRD-200300938

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Earliest possible date of adoption: March 23, 2003

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