TITLE rule-review

Adopted Rule Reviews

Texas Racing Commission

Title 16, Part 8

The Texas Racing Commission has completed its review of Chapter 313, Officials and Rules of Horse Racing. This review was conducted in accordance with Section 2001.039 as published in the December 17, 2004 issue of the Texas Register (29 TexReg 11512).

The Commission has determined that the reasons for adopting Chapter 313 continue to exist, with amendment to certain rules. Chapter 313 specifies the officials required to supervise the conduct of a pari-mutuel horse race, the duties of those officials, the responsibilities of jockeys, and all procedures for conducting a pari-mutuel horse race, including procedures for entries, scratches, allowances, and claiming horses.

The Chapter 313 review has revealed that some rules should be amended or repealed to make racing safer for jockeys and the horses, to conform to industry standards, practice, and terminology, and to make the language internally consistent with other Commission rules. Therefore, the Commission has adopted amendments, with or without changes to the proposed text, to §313.1, §313.4, §313.22, §313.41, §313.43, §313.45, §313.53, §313.60, §313.101, §313.108, §313.110, §313.135, §313.136, §313.165, §313.166, §313.303, §313.312, §313.405, §313.505, and §313.507. The Commission repealed §313.410.

No comments were received regarding the chapter review.

This concludes the review of Chapter 313, Officials and Rules of Horse Racing.

TRD-200501169

Nash J. Gonzales

General Counsel

Texas Racing Commission

Filed: March 15, 2005


The Texas Racing Commission has completed its review of Chapter 315, Officials and Rules for Greyhound Racing, as published in the December 17, 2004 issue of the Texas Register (29 TexReg 11519).

The Commission has determined that the reasons for adopting Chapter 315 continue to exist, with amendment to certain rules. Chapter 315 specifies the officials required to supervise the conduct of a pari-mutuel greyhound race, the duties and responsibilities of those officials, and all procedures for conducting a pari-mutuel greyhound race, including entries, pre-race, and race procedures.

The Chapter 315 review has revealed that some rules should be amended to make racing safer for greyhounds, to conform to industry standards, practice, and terminology, and to make the language internally consistent with other Commission rules. Therefore, the Commission has adopted amendments, with or without changes to the proposed text, to §315.1, §315.2, §315.31, §315.32, §315.36, §315.37, §315.101, §315.102, §315.103, §315.107, §315.108, §315.110, §315.111, §315.201, §315.202, §315.203, §315.205, §315.210, and §315.211.

No comments were received regarding the chapter review.

This concludes the review of Chapter 315, Officials and Rules for Greyhound Racing.

TRD-200501170

Nash J. Gonzales

General Counsel

Texas Racing Commission

Filed: March 15, 2005


Texas Water Development Board

Title 31, Part 10

Pursuant to the notice of intent to review published in the February 4, 2005, issue of the Texas Register (30 TexReg 567), the Texas Water Development Board (the board) has reviewed and considered for readopting, revision or repeal 31 TAC, Part 10, Chapter 380, Alternative Dispute Resolution, in accordance with the Government Code, §2001.039.

The board considered, among other things, whether the reasons for adoption of these rules continue to exist. No comments were received on the proposed rule review.

As a result of the review, the board determined that the rules are still necessary and readopts the sections which authorizes the board to adopt rules to effectuate Government Code Chapter 2260 requires state agencies to have rules regarding alternative dispute resolution and how it applies to resolving claims of breach of contract. A contractor cannot sue the state for breach of contract without first using the agency’s alternative dispute resolution process. This completes the board’s review of 31 TAC Chapter 380, Alternative Dispute Resolution.

TRD-200501161

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: March 15, 2005