16 TAC §319.363
The Texas Racing Commission adopts new §319.363, relating
to testing for total carbon dioxide without changes to the proposed text as
published in the November 11, 2005, issue of the
Texas Register
(30 TexReg 7347) and will not be republished.
The new rule is adopted to prevent the use of bicarbonate-containing or
other alkalinizing substances that neutralize lactic acid, which causes fatigue,
in a race horse. The use of bicarbonate-containing or other alkalinizing substances
can be detected by testing the total carbon dioxide level in the horse's serum.
The intent of the use of bicarbonate-containing or other alkalinizing substances
is to unlawfully influence the outcome of a race by altering or manipulating
the performance of the horse by negating the effect of lactic acid produced,
stopping the decrease in pH, and altering the general body metabolism.
The new rule prohibits the administration of any bicarbonate-containing
or other alkalinizing substance which causes an excess level of total carbon
dioxide at or above 39 millimoles per liter in a race horse serum specimen.
No comments were received regarding the adoption of this new rule.
The new rule is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to make rules relating exclusively
to horse and greyhound racing, §3.07, which authorizes the Commission
to make rules relating to laboratory charges for medication or drug testing,
and §3.16, which authorizes the Commission to make rules prohibiting
the unlawful influence on the outcome of a race and to implement testing programs.
The new rule implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 22, 2005.
TRD-200506097
Elizabeth G. Goins
General Counsel
Texas Racing Commission
Effective date: January 11, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 833-6699