Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 62.
CAREER COUNSELING SERVICES
16 TAC §§62.1, 62.10, 62.20, 62.21, 62.40, 62.60, 62.70, 62.71, 62.80, 62.90
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Licensing and Regulation
("Department") proposes the repeal of 16 Texas Administrative Code Chapter
62, §§62.1, 62.10, 62.20, 62.21, 62.40, 62.60, 62.70, 62.71, 62.80
and 62.90, concerning the Career Counseling Services program.
Acts of the 79th Texas Legislature, House Bill 2856 repealed statutory
requirements regarding the regulation of career counseling services, Texas
Occupations Code, Chapter 2502 effective June 18, 2005. Therefore, the Department
proposes to repeal existing administrative rules regarding the regulation
of career counseling services since there is no longer a statutory requirement
to regulate career counseling services under the provisions of Texas Occupations
Code, Chapter 2502 as set forth in House Bill 2856.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed repeal is in effect there will be no cost
to state or local government as a result of the repeal.
Mr. Kuntz also has determined that for each year of the first five-year
period the repeal is in effect, the public benefit will be reduced confusion
because the rules lack statutory authority and cannot be enforced.
There will be no effect on small or micro-businesses as a result of the
proposed repeal. There are no anticipated economic costs to persons required
to comply with the proposed repeal.
Comments on the repeal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The repeal is proposed under House Bill 2856 Acts of the 79th
Texas Legislature and Texas Occupations Code, Chapter 51 which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department.
The statutory provisions affected by the repeal are those set forth in
Texas Occupations Code, Chapter 51 and Chapter 2502. No other statutes, articles,
or codes are affected by the repeal.
§62.1.Authority.
§62.10.Definitions.
§62.20.Certificate of Authority Requirements.
§62.21.Certificate of Authority Application Process.
§62.40.Security Requirements.
§62.60.Responsibilities of the Department.
§62.70.Responsibilities of the Certificate Holder.
§62.71.Responsibilities of the Certificate Holder--Consumer Complaints.
§62.80.Fees--Original Certificate of Authority.
§62.90.Administrative Penalties and Sanctions.
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 15, 2005.
TRD-200502896
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 463-7348
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Subchapter A. RACETRACK LICENSES
16 TAC §309.8
The Texas Racing Commission proposes an amendment to §309.8,
relating to the license fees charged to pari-mutuel racetracks. The amendment
raises the daily licensing fee for simulcasting for all pari-mutuel racetracks
and raises the annual fee for licensed but inactive Class 2 racetrack licenses.
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 local government as a result of enforcing
the amendment. The amendment will have fiscal implications for state government,
in that it will generate additional revenue for the Commission's dedicated
account in the state treasury, which is used to fund all agency operations.
Although the exact amount of the additional revenue will depend on the number
of simulcast days offered by the state's various pari-mutuel racetracks, Ms.
Flowerday estimates that $600,000 - $700,000 in additional revenue will be
generated each year by the fee increase.
Ms. Flowerday has also determined that for each year of the first five
years the amendment is in effect the anticipated public benefit will be that
the Commission will fully comply with applicable law by raising sufficient
revenue to fund regulatory operations. The exact cost of compliance to a pari-mutuel
racetrack will vary, depending on the type and class of racetrack. Because
the fee increase is directly related to the conduct of simulcasting, the cost
of compliance will also depend on the number of days a racetrack elects to
conduct wagering on simulcast races. Under the amendment, the annual license
fee for a Class 2 inactive, non-operating racetrack now will be $20,000, an
increase of $10,000. Under the amendment, a Class 1, 2, or greyhound racetrack
now will pay $410 per simulcast day, an increase of $100 per simulcast day,
and a Class 3 or 4 racetrack now will pay $300 per simulcast day, an increase
of $65 per simulcast day. There is no anticipated economic cost to an individual
required to comply with the amendment as proposed. The amendment will have
no effect on the state's agricultural, horse breeding, horse training, greyhound
training, and greyhound breeding industries.
Comments on the proposal may be submitted on or before August 29, 2005,
to Gloria Giberson, Assistant to the 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 and greyhound racing; §5.01, which authorizes the Commission
to prescribe reasonable license fees for each category of license; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the planning, construction, and operation of racetracks; and §6.18, which
authorizes the Commission to prescribe a reasonable annual fee to be paid
by each racetrack licensee.
The amendment implements Texas Civil Statutes, Article 179e.
§309.8.Racetrack License Fees.
(a) - (b)
(No change.)
(c)
Inactive License Fee. An association that is licensed but
is not conducting live racing or simulcasting shall pay an inactive license
fee. The fee is due to the Commission on September 1 of each year. The inactive
license fee for a greyhound racing association is $25,000. The inactive license
fee for a horse racing association is:
(1)
(No change.)
(2)
for a Class 2 racetrack,
$20,000
[
(3) - (4)
(No change.)
(d)
Simulcast Fee. An association shall pay a simulcast fee
for each day on which the association offers a simulcast race for wagering.
The fee is due to the Commission no later than 5:00 p.m. of the day following
the day on which the simulcast is offered. The simulcast fee is:
(1)
for a Class 1, Class 2, or greyhound racetrack,
$410
[
(2)
for a Class 3 or Class 4 racetrack,
$300
[
(e) - (f)
(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 July 14, 2005.
TRD-200502870
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 833-6699
2.
FACILITIES AND EQUIPMENT
16 TAC §309.120
The Texas Racing Commission proposes an amendment to §309.120,
relating to parking areas at pari-mutuel racetracks. The amendment clarifies
the requirements for parking for occupational licensees at the racetracks.
The amendment is proposed to ensure the Commission's rules are consistent
with state law relating to the possession of weapons in public places.
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 year of the first five
years the amendment is in effect the anticipated public benefit will be that
the Commission's rules will be consistent with applicable state law. Because
the existing operating racetracks already provide parking areas for occupational
licensees, there are no additional costs to small businesses. There is no
anticipated economic cost to an individual required to comply with the amendment
as proposed. The amendment will have no effect on the state's agricultural,
horse breeding, horse training, greyhound training, and greyhound breeding
industries.
Comments on the proposal may be submitted on or before August 29, 2005,
to Gloria Giberson, Assistant to the 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 and greyhound racing; and §6.06, which authorizes the Commission
to adopt rules on all matters relating to the planning, construction, and
operation of racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
§309.120.Parking for Licensees.
An association shall provide a parking
area for licensees
[
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 14, 2005.
TRD-200502871
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 833-6699
16 TAC §309.164
The Texas Racing Commission proposes an amendment to §309.164,
relating to accounting practices at pari-mutuel racetracks. The amendment
eliminates specific requirements for the accounting systems at pari-mutuel
racetracks that are inconsistent with the types of systems commonly used by
the racetracks.
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 year of the first five
years the amendment is in effect the anticipated public benefit will be that
the Commission's rules will be consistent with technology currently available
and will be appropriately limited in scope and purpose. There are no costs
to small businesses. There is no anticipated economic cost to an individual
required to comply with the amendment as proposed. The amendment will have
no effect on the state's agricultural, horse breeding, horse training, greyhound
training, and greyhound breeding industries.
Comments on the proposal may be submitted on or before August 29, 2005,
to Gloria Giberson, Assistant to the 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 and greyhound racing; and §6.06, which authorizes the Commission
to adopt rules on all matters relating to the planning, construction, and
operation of racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
§309.164.Accounting Practices.
(a)
An association shall maintain an accounting system under
the supervision of a certified public accountant. [
(b)
(No change.)
[(c)
An association shall maintain a system
of internal accounting controls approved by the executive secretary.]
(c)
[
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 14, 2005.
TRD-200502872
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 833-6699
Subchapter C. RESPONSIBILITIES OF INDIVIDUALS
16 TAC §311.211
The Texas Racing Commission proposes an amendment to §311.211,
relating to possession of weapons at pari-mutuel racetracks. The amendment
clarifies where on racetrack grounds the possession of a weapon is prohibited.
The amendment is proposed to ensure the Commission's rules are consistent
with state law relating to the possession of weapons in public places.
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 rules will be consistent with applicable state law and that the
patrons and occupational licensees will have notice of criminal laws that
may affect their presence on racetrack grounds. There are no costs to small
businesses. There is no anticipated economic cost to an individual required
to comply with the amendment as proposed. The amendment will have no effect
on the state's agricultural, horse breeding, horse training, greyhound training,
and greyhound breeding industries.
Comments on the proposal may be submitted on or before August 29, 2005,
to Gloria Giberson, Assistant to the 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 and greyhound racing; and §6.06, which authorizes the Commission
to adopt rules on all matters relating to the planning, construction, and
operation of racetracks; and Texas Penal Code, §46.03.
The amendment implements Texas Civil Statutes, Article 179e.
§311.211.Weapons Prohibited.
(a)
Except as otherwise provided by this section, a person
may not possess [
(b)
This section does not apply to a person who is:
(1)
a peace officer; or
(2)
a commissioned security officer licensed by the Texas Commission
on Private Security Agencies and approved by the executive secretary.
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 14, 2005.
TRD-200502873
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 833-6699
Subchapter E. TRAINING FACILITIES
16 TAC §313.501
The Texas Racing Commission proposes an amendment to §313.501,
relating to licenses for training facilities. The amendment raises the annual
licensing fee for training facilities that are authorized to provide official
workouts for horses desiring to compete at pari-mutuel racetracks.
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 local government as a result of enforcing
the amendment. Based on the typical number of training facilities licensed
by the Commission each year, the amendment is anticipated to raise an additional
$900 - $1200 per year in revenue.
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 will fully comply with applicable law by raising sufficient revenue
to fund regulatory operations. A small business wishing to hold a training
facility license will be required to pay an annual license fee of $1,800,
an increase of $300 per year. There is no anticipated economic cost to an
individual required to comply with the amendment as proposed. The amendment
will have no effect on the state's agricultural, horse breeding, greyhound
training, and greyhound breeding industries. The amendment may have an effect
on the horse training industry, in that the training facility may pass along
the additional cost of the license to the trainers using the facility. This
may affect a trainer's ability to prepare a horse for competition in a cost-effective
manner.
Comments on the proposal may be submitted on or before August 29, 2005,
to Gloria Giberson, Assistant to the 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 and greyhound racing; §3.021, which authorizes the Commission
to charge an annual fee for licensing and regulating a training facility; §5.01,
which authorizes the Commission to prescribe reasonable license fees for each
category of license; and §7.05, which authorizes the Commission to adopt
a fee schedule for licenses other than racetrack licenses that are issued
by the Commission.
The amendment implements Texas Civil Statutes, Article 179e.
§313.501.Training Facility License.
(a)
A training facility must be licensed by the Commission
in accordance with this section to provide official workouts. Except as otherwise
provided by this subchapter, an official workout obtained at a training facility
licensed under this section satisfies the workout requirements of §313.103
of this title (relating to Eligibility Requirements).
(b)
A training facility license expires on December 31 of the
year in which the license was issued. The annual fee for a training facility
license is
$1,800
[
(c)
A training facility license is personal to the licensee
and may not be transferred.
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 14, 2005.
TRD-200502874
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Earliest possible date of adoption: August 28, 2005
For further information, please call: (512) 833-6699
Chapter 402.
CHARITABLE BINGO ADMINISTRATIVE RULES
Subchapter A. ADMINISTRATION
Part 8.
TEXAS RACING COMMISSION
$10,000
];
$310
] per day; and
$245
] per day.
Subchapter B. OPERATIONS OF RACETRACKS
facility
] outside the
stable or kennel area
[
enclosure
for licensees working on association grounds
].
3.
OPERATIONS
The system must include
detailed information regarding the purchase of goods for sale, inventory of
goods held for sale, and goods sold. The system must indicate the unit of
measure, the unit cost of items purchased and sold and in inventory and must
provide adequate control and traceability without reconstruction of detailed
records. The accounting system must be approved by the executive secretary.
]
(d)
] The Commission may review and
conduct audits of all systems maintained under this section.
Chapter 311.
OTHER LICENSES
on association grounds
] a weapon
prohibited
by
[
listed under
] Penal Code, §46.03(a)
if the
person is in an area on association grounds to which admission ordinarily
can be obtained only on payment of an admission fee or presentation of official
credentials
.
Chapter 313.
OFFICIALS AND RULES OF HORSE RACING
$1,500
], which is due and payable
to the Commission on receipt of the license certificate.
Part 9.
TEXAS LOTTERY COMMISSION