Part 1. RAILROAD COMMISSION OF TEXAS
Chapter 14. REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)
Subchapter A. GENERAL APPLICABILITY AND REQUIREMENTS
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Railroad Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Railroad Commission of Texas proposes the repeal of §14.2001, relating to LNG Advisory Committee, in conjunction with its notice of review and re-adoption of 16 TAC Chapter 14, pursuant to Texas Government Code, §2001.039. The Commission proposes the repeal of §14.2001 because by the terms of the rule, the LNG advisory committee ceased to exist on August 31, 2006.
Mary McDaniel, Director, Safety Division, has determined that for each year of the first five years the proposed repeal will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.
Ms. McDaniel has also determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be improved efficiency of the Commission's LNG regulatory operation. There is no anticipated economic cost to individuals or small businesses required to comply with the proposed repeal.
Texas Government Code, §2006.002 requires a state agency considering adoption of a rule that would have an adverse economic effect on small businesses or micro-businesses to reduce the effect if doing so is legal and feasible considering the purpose of the statutes under which the rule is to be adopted. Ms. McDaniel has determined that there is no adverse economic effect on small businesses or micro-businesses, because the repeal proposed in this rulemaking is to eliminate a rule establishing an advisory committee that had already ceased to exist.
Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Ms. McDaniel at (512) 463-7166. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the repeal under Texas Natural Resources Code, §116.012, which authorizes the Commission to adopt rules and standards relating to liquefied natural gas activities to protect the health, welfare, and safety of the general public; and Texas Government Code, Chapter 2110, State Agency Advisory Committees.
Statutory authority: Texas Natural Resources Code, §116.012, and Texas Government Code, Chapter 2110.
Cross-reference to statute: Texas Natural Resources Code, Chapter 116, and Texas Government Code, Chapter 2110.
Issued in Austin, Texas on March 29, 2007.
§14.2001.LNG Advisory Committee.
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 March 29, 2007.
TRD-200701212
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 475-1295
Subchapter B. ACCESS TO AND CHARGES FOR RECORDS
The Railroad Commission of Texas (Commission) withdraws the amendments proposed to §20.101, relating to Access to and Charges for Commission Records, published in the December 1, 2006, issue of the Texas Register (31 TexReg 9674), and proposes other amendments to §20.101. The Commission proposes the amendments pursuant to Senate Bill 452 and Senate Bill 727, 79th Legislature, 2005, which transferred the duties of the Texas Building and Procurement Commission (TBPC) under the public information law to the Office of the Attorney General (OAG). The TBPC rules regulating charges for copies of public information were previously located under Title 1, Part 5, Chapter 111, Subchapter C, of the Texas Administrative Code, and were transferred to the OAG and reorganized under Title 1, Part 3, Chapter 70, of the Texas Administrative Code effective September 1, 2005, as published in the September 29, 2006, issue of the Texas Register (31 TexReg 8251). The withdrawal is necessary because, after the Commission proposed the first set of amendments to §20.101, the OAG proposed some amendments to its rules in the December 29, 2006, issue of the Texas Register (31 TexReg 10447); those amendments were adopted effective February 22, 2007 as published in the February 16, 2007 issue of the Texas Register (32 TexReg 614). The Commission's proposed amendments to §20.101 add the OAG rule numbers and update the adopted or amended dates in subsection (a)(1) through (11).
Rebecca Trevino, Director, Administration Division, has determined that, for each year of the first five years the amendments are in effect, there will be no fiscal implications to state or local governments as a result of the amendments. The public benefit anticipated as a result of the amendments will be that the Commission's rules will accurately state the basis on which the Commission charges for copies of public information. There is no anticipated economic cost for small businesses, micro-businesses, or individuals who will be required to comply with the amendments.
Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 10 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than 5:00 p.m. on Monday, April 23, 2007. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Ms. Kellie Martinec at (512) 475-1295. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendments under Texas Government Code, §2161.003, which requires the Commission to adopt the rules of the Texas Building and Procurement Commission promulgated under Texas Government Code, §2161.002, as the Commission's own rules; and Texas Civil Statutes, Article 6447, which authorizes the commissioners to make all rules necessary for their government and proceedings.
Statutory authority: Texas Government Code, §2161.003 and Chapters 2155, 2158, 2161, 2162, 2166, 2252, and 2254; and Texas Civil Statutes, Article 6447.
Cross-reference to statute: Texas Government Code, §2161.003 and Texas Civil Statutes, Article 6447.
Issued in Austin, Texas on March 29, 2007.
§20.101.Access to and Charges for Commission Records.
(a) The Commission adopts by reference the rules of the
Office of the Attorney General in 1 TAC, Part 3, Chapter 70, relating to Cost
of Copies of Public Information (formerly
Texas Building and Procurement
Commission in 1 TAC Chapter 111, Subchapter C, concerning cost of copies of
public information
). These rules were transferred from TBPC to the OAG
effective September 1, 2005. The adopted or amended dates in paragraphs (1)
through (11) of this subsection remain in effect.
[
, as effective
on the following dates:
]
(1)
§70.1 (formerly
§111.61
)
,
Purpose, amended effective February
22, 2007
[
11, 2004
];
(2)
§70.2 (formerly
§111.62
)
,
Definitions, amended effective February
22, 2007
[
11, 2004
];
(3)
§70.3 (formerly
§111.63
)
,
Charges for Providing Copies of Public Information, amended effective February
22, 2007
[
11, 2004
];
(4)
§70.4 (formerly
§111.64
)
,
Requesting an Exemption, amended effective
February 22, 2007
[
January 16, 2003
];
(5) §70.5 (formerly §111.65 ) , Access to Information Where Copies Are Not Requested, amended effective February 11, 2004;
(6)
§70.6 (formerly
§111.66
)
,
Format for Copies of Public Information,
amended
[
adopted
] effective
February 22, 2007
[
September 18, 1996
];
(7)
§70.7 (formerly
§111.67
)
,
Estimates and Waivers of Public Information Charges, amended effective February
22, 2007
[
11, 2004
];
(8)
§70.8 (formerly
§111.68
)
,
Processing Complaints of Overcharges, amended effective February
22,
2007
[
11, 2004
];
(9) §70.9 (formerly §111.69 ) , Examples of Charges for Copies of Public Information, amended effective February 11, 2004;
(10)
§70.10 (formerly
§111.70
)
,
The
Attorney General
[
Texas Building and Procurement Commission
] Charge Schedule, amended effective February
22, 2007
[
11, 2004
]; and
(11)
§70.11 (formerly
§111.71
)
,
Informing the Public of Basic Rights and Responsibilities under the Public
Information Act, amended effective February
22, 2007
[
11,
2004
].
(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 March 29, 2007.
TRD-200701210
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 475-1295
Chapter 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) proposes an amendment to §25.74, relating to Reports on Sale of Property and Mergers, and the repeal of §25.75, relating to Reports on Sale of 50% or More of Stock. The proposed amendment and repeal will require an electric utility to provide notice to the commission in advance of certain transactions. The amendment and repeal will enable the commission to better regulate and supervise the business of each electric utility. Project Number 34038 is assigned to this proceeding.
Jess Totten, Director of the Electric Industry Oversight Division, has determined that for each year of the first five-year period the proposed amendment and repeal are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Totten has determined that for each year of the first five years the proposed amendment and repeal are in effect the public benefit anticipated as a result of enforcing the amendments will be that customers that rely on the services provided by electric utilities will be better protected from potential adverse consequences of certain transactions. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing this section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Transactions of the kind addressed by the amendment to §25.74 are required to be reported today. This amendment will require them to be reported before a transaction occurs.
Mr. Totten has also determined that for each year of the first five years the proposed amendment and repeal are in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 at a time to be determined. The request for a public hearing must be received within 24 days after publication.
Comments on the proposed amendment and repeal may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 24 days after publication. Sixteen copies of comments on the proposed amendment and repeal are required to be filed pursuant to §22.71(c) of this title. Reply comments may be submitted within 35 days after publication. Comments should be organized in a manner consistent with the organization of the proposed amendment and repeal. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed section. The commission will consider the costs and benefits in deciding whether to adopt the amendment and repeal. All comments should refer to Project Number 34038.
Subchapter D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
The amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically PURA §14.001, which gives the commission the general power to regulate and supervise the business of each electric utility; PURA §14.201, which requires the commission to keep itself informed as to the manner and method in which each electric utility is managed and its affairs are conducted; PURA §14.101, which requires the commission to review certain transactions of electric utilities; and PURA §37.154, which requires the commission to review the transfer of a certificate of convenience and necessity of an electric utility.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.001, 14.002, 14.101, and 37.154.
§25.74. Report [ Reports ] on Sale of Property , Merger, Loan, Purchase or Sale of Stock, or Transfer of Certificate of Convenience and Necessity [ and Mergers ].
(a)
An electric utility shall not sell, acquire, lease
,
or rent any plant as an operating unit or system in the State of Texas
for a total consideration
of more than
[
in excess of
]
$100,000 unless the electric utility reports such transaction to the commission
not later than six months prior to the earliest date that the transaction
could occur
[
while pending or within 30 days after closing
].
(b) An electric utility shall not merge
,
[
or
] consolidate
, or otherwise combine
with another electric
utility or public utility operating in the State of Texas unless the electric
utility reports such transaction to the commission
not later than six
months prior to the earliest date that the transaction could occur
[
while pending or within 30 days after closing
].
(c)
An electric utility
[
Electric utilities
] shall not purchase voting stock in another electric utility or public
utility doing business in the State of Texas unless the electric utility reports
such purchase to the commission
not later than six months prior to the
earliest date that the transaction could occur
[
while pending or
within 30 days after closing
].
(d)
An electric utility
[
Electric utilities
] shall not loan money, stocks, bonds, notes, or other
evidence
[
evidences
] of indebtedness to any [
corporation or
] person
who
[
owning or holding
] directly or indirectly
owns or holds
any stock of the electric utility unless the electric
utility reports such transaction to the commission
not later than six
months prior to the earliest date that the loan could occur
[
while
pending or within 30 days after closing
]. A properly filed tariff change
with respect to energy conservation loans available to customers, who may
or may not be shareholders as described in this subsection, will be considered
adequate reporting to the commission.
(e)
The direct or indirect transfer of a controlling interest
in an electric utility or the electric utility's direct or indirect owner,
including the sale of 50% or more of the stock of the electric utility or
the electric utility's direct or indirect owner, shall not occur unless the
electric utility reports such transaction to the commission not later than
six months prior to the earliest date that the transaction could occur.
[
An electric cooperative or municipal utility shall report to the commission
any sale, acquisition, lease, or rental of any generating facilities in the
State of Texas for a total consideration in excess of $100,000, during the
pendency of the transaction or within 30 days after closing.
]
(f) An electric utility shall not directly or indirectly transfer a certificate of convenience and necessity unless the electric utility reports such transaction to the commission not later than six months prior to the earliest date that the transfer could occur. The circumstances in which a transfer of an electric utility's certificate of convenience and necessity occurs include, but are not limited to, a transaction described in subsection (b) or (e) of this section.
(g) A transaction addressed in subsection (f) of this section shall not occur before the commission completes its review of the transaction as proposed, regardless of the amount of time that has transpired since the report of the transaction to the commission was made.
(h) For purposes of this section, a direct or indirect owner of an electric utility is limited to an entity that directly or indirectly controls the electric utility, and therefore does not include an entity that has a non-controlling interest in the electric utility or the electric utility's parent.
(i) This section applies to all transactions addressed by this section that have not yet occurred, including transactions for which reports to the commission have been made pursuant to this section.
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 March 30, 2007.
TRD-200701257
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 936-7223
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Public Utility Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically PURA §14.001, which gives the commission the general power to regulate and supervise the business of each electric utility; PURA §14.201, which requires the commission to keep itself informed as to the manner and method in which each electric utility is managed and its affairs are conducted; PURA §14.101, which requires the commission to review certain transactions of electric utilities; and PURA §37.154, which requires the commission to review the transfer of a certificate of convenience and necessity of an electric utility.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.001, 14.002, 14.101, and 37.154.
§25.75.Reports on Sale of 50% or more of Stock.
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 March 30, 2007.
TRD-200701256
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 936-7223
The Public Utility Commission of Texas (commission) proposes an amendment to §25.107, relating to certification of retail electric providers. The proposed amendment will permit the commission to establish additional or different financial requirements for retail electric providers (REPs) that, together with any affiliates, serve a million customers or more and will clarify some of the circumstances in which transfers of a REP certificates occur. The amendment would also repeal certain obsolete provisions of the rule. This rule is a competition rule subject to judicial review as specified in PURA §39.001(e). Project Number 34039 is assigned to this proceeding.
When commenting on specific subsections of the proposed rules, parties are encouraged to describe "best practice" examples of regulatory policies, and their rationale, that have been proposed or implemented successfully in other states already undergoing electric industry restructuring, if the parties believe that Texas would benefit from application of the same policies. The commission is interested in receiving only "leading edge" examples that are specifically related and directly applicable to the Texas electric market, rather than broad citations to other state restructuring efforts.
Jess Totten, Director of the Electric Oversight Division, has determined that for each year of the first five-year period the proposed amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Totten has determined that for each year of the first five years the proposed amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be better assurance that large REPs have the financial resources to provide continuous and reliable retail electric service, which will protect customers, electric utilities providing delivery service, and other companies participating in the electric market from the adverse impacts of the business failure of a large REP. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing this section. There may be economic costs to persons who are required to comply with the proposed section. These costs may include the cost of meeting more stringent financial requirements and demonstrating to the commission that their financial resources are adequate. The impacts are likely to vary from business to business, and are difficult to ascertain, but it is believed that the benefits accruing from implementation of the proposed section will outweigh these costs.
Mr. Totten has also determined that for each year of the first five years the proposed amendment is in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 at a time to be determined. The request for a public hearing must be received within 24 days after publication.
Comments on the proposed amendment may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 24 days after publication. Sixteen copies of comments on the proposed amendment are required to be filed pursuant to §22.71(c) of this title. Reply comments may be submitted within 35 days after publication. Comments should be organized in a manner consistent with the organization of the proposed amendment. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed section. The commission will consider the costs and benefits in deciding whether to adopt the section. All comments should refer to Project Number 34039.
This amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and specifically, PURA §39.352, which authorizes the commission to certify a person as a REP who, among other things, has the financial resources to provide continuous and reliable electric service; and PURA §39.356(a), which authorizes the commission to suspend or revoke a REP's certificate if it no longer has the financial capability to provide continuous and reliable electric service.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 39.352, and 39.356(a).
§25.107.Certification of Retail Electric Providers (REPs).
(a) Application. This section applies to all persons who seek
to provide electric service to retail customers in Texas on or after the date
of customer choice, as established by Public Utility Regulatory Act (PURA)
Chapter 39, or as a provider of retail electric service in the Customer Choice
Pilot Projects, as established under PURA §39.104 and §39.405. This
section does not apply to the state, political subdivisions of the state,
electric cooperatives or municipal corporations, or to electric utilities
providing service in an area where customer choice is not in effect
[
subject to PURA §39.102(c) until the end of the utility's rate freeze
]. An electric cooperative or municipally owned utility participating
in customer choice may offer electric energy and related services at unregulated
prices directly to retail customers who have customer choice without obtaining
certification as a REP. The statutory mandate for certification of persons
who provide retail electric service in this state, provided by PURA §39.352(a),
is interpreted to address business functions as follows:
(1) - (2) (No change.)
(b) (No change.)
(c) Application for REP certification.
(1) (No change.)
(2) A retail electric provider may apply for certification any time after September 1, 2000. A certificate granted pursuant to this section is not transferable, directly or indirectly, without prior approval by the commission. For the purposes of this section, a transfer includes the direct or indirect transfer of a controlling interest in the certificate holder or the certificate holder's direct or indirect owner, including the sale of 50% or more of the stock of the certificate holder or the certificate holder's owner; or the sale, acquisition, or merger or other combination of the certificate holder or the certificate holder's owner. For purposes of this section, a direct or indirect owner of a certificate holder is limited to an entity that directly or indirectly controls the certificate holder, and therefore does not include an entity that has a non-controlling interest in the certificate holder or the certificate holder's parent.
(3) - (6) (No change.)
(7)
[
The commission will make an effort, where the facts
of the case permit, to insure that applications filed simultaneously are resolved
simultaneously.
] Except where good cause exists to extend the time for
review, the commission shall enter an order approving, rejecting, or approving
an application with modifications within 90 days of filing an application.
Good cause for extending the time for review includes an application to transfer
a REP certificate by a REP that, together with any affiliates, serves one
million or more residential customers.
(8) - (9) (No change.)
(d) (No change.)
(e) Administrative requirements. As a requisite for obtaining and maintaining certification, a REP must meet the following requirements concerning business names, office access, and percentage of electricity sold to residential customers.
(1) - (2) (No change.)
[
(3)
Threshold residential service requirement.
For 36 months after retail competition begins, if a REP serves an aggregate
load in excess of 300 megawatts within Texas during a given year, not less
than 5.0% of the REP's load for the year in megawatt hours must consist of
residential customers, pursuant to PURA §39.352(g). For the purposes
of this paragraph, "residential customers" shall include any customers classified
as residential by the applicable transmission and distribution utility tariff
or, in the absence of a residential rate class, those customers that are primarily
end users consuming electricity for personal, family or household purposes
and who are not resellers of electricity.
]
[
(A)
The 300 megawatt aggregate load threshold
shall be calculated by averaging the highest average hourly demand for each
of the months of June, July, August, and September. REPs shall use the sum
of the amount of generation scheduled at the relevant independent organization(s)
to serve the REP's customers for determining the demand to be used in this
calculation.
]
[
(B)
If the calculation made under subparagraph
(A) of this paragraph is in excess of 300 megawatts, the certificate holder
shall:
]
[
(i)
demonstrate that not less than 5.0% of
the total quantity of megawatt hours it sold in the calendar year was supplied
to residential customers, or
]
[
(ii)
demonstrate that another REP served sufficient
qualifying residential load on its behalf, or
]
[
(iii)
make the necessary calculations and
pay an amount into the system benefit fund equal to $1 multiplied by a number
equal to the difference between the number of megawatt hours it sold to residential
customers and the number of megawatt hours it was required to sell to such
customers.
]
[
(C)
The calculations in subparagraph (B) of
this paragraph are subject to the following limitations:
]
[
(i)
An affiliated REP shall pay $1 multiplied
by a number equal to the difference between the number of megawatt hours sold
to residential customers outside of the electric utility's service area and
the number of megawatt hours it was required to sell to such customers outside
of the electric utility's service area.
]
[
(ii)
For purposes of subparagraph (B)(ii)
of this paragraph, "qualifying residential load" may not include customers
served by an affiliated retail electric provider in its affiliated electric
utility's service area.
]
[
(iii)
The requirements of this paragraph apply
only to the portion of an affiliated REP's load that is outside the electric
utility's service area. With respect to that "outside" load, any residential
customers counted to meet the 5.0% threshold of residential customers must
also be outside the electric utility's service area.
]
[
(iv)
Where several REPs belong to a common
owner, their loads will be combined for purposes of evaluation under this
subsection. If the common owner is an electric utility, only loads served
outside the electric utility's service area will be used in the calculations
under this paragraph.
]
(f) Financial requirements. As a requisite for obtaining and maintaining certification, a REP must meet the financial resource standards established by this subsection. The standards established by paragraphs (1), (2), and (3) of this subsection are additive. The commission may review the financial condition of, and establish additional or different financial requirements for, a REP that, together with any affiliates, serves one million or more residential customers and does not have a credit rating that meets the requirements of paragraph (1)(F) of this subsection or has the lowest credit rating sufficient to meet the requirements of paragraph (1)(F) of this subsection but has been placed on credit watch or review for a possible downgrade. If the credit ratings for a REP from different rating agencies referred to in paragraph (1)(F) of this subsection are different, the commission will rely on the highest rating for the purposes of determining whether to review the financial condition of, and establish additional or different financial requirements for, the REP. The commission may review the financial condition of, and establish additional or different financial requirements for, such a REP regardless of whether an affiliate or another company provided a bond, guaranty, or corporate commitment in order for the REP to meet the requirements of paragraph (1)(F) of this subsection.
(1) - (5) (No change.)
(g) - (h) (No change.)
(i) Requirements for reporting and for changing the terms of a REP certificate. The ongoing maintenance of a REP certificate is dependent upon keeping the certification information up to date, pursuant to the following requirements:
(1) - (3) (No change.)
(4) All REP certificate holders shall file updated information set forth in this subsection on an annual basis on a report form approved by the commission. The annual report is due on June 1 each year for the preceding calendar year. A company's first annual report is due in the year following the calendar year in which it is awarded a certificate. The following information, at a minimum, shall be reported annually:
(A) - (B) (No change.)
[
(C)
For 36 months after retail competition
begins, the result of the calculation and proof of threshold residential service
requirements and the amount paid into the system benefit fund, if applicable,
pursuant to subsection (e)(3) of this section.
]
(C)
[
(D)
] A list of aggregators with
whom the REPs have conducted business in the reporting period, including commission
registration verification for each.
(D)
[
(E)
] A sworn affidavit that the
certificate holder is not in material violation of any of the requirements
of its certificate.
(5) - (9) (No change.)
(j) Suspension and revocation. Pursuant to PURA §39.356, certificates granted pursuant to this section are subject to suspension and revocation for significant violations of PURA, commission rules, or reliability standards adopted by an independent organization. The commission may also amend the certificate or impose an administrative penalty for a significant violation. The commission or any affected person may bring a complaint seeking to suspend or revoke a REP's certificate. Significant violations include, but are not limited to, the following:
(1) - (5) (No change.)
(6) Failure to maintain [the minimum level of] financial
resources [set out] in
accordance with
subsection (f)
of this section;
(7) - (15) (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 March 30, 2007.
TRD-200701258
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 936-7223
Chapter 66. REGISTRATION OF PROPERTY TAX CONSULTANTS
The Texas Department of Licensing and Regulation (''Department'') proposes amendments to existing rules at 16 Texas Administrative Code, §§66.10, 66.20, 66.23, 66.25, 66.70, and 66.90; and the repeal of §66.61, regarding the property tax consultants program.
These rule changes are necessary to adjust the continuing education requirements as recommended by the Property Tax Consultants Advisory Council (''Council''), update law and rule citations and other references, delete redundant provisions, and rearrange provisions for better organization. The Council, which is a body that advises the Department and Commission on matters related to the regulation of property tax consultants, considered the proposed rule changes on March 2, 2007 and recommended that the rules be published for public comment.
In §66.10 the definition of ''cheating'' is deleted because the Department now has a comprehensive examination cheating rule in 16 TAC §60.63, which applies to all Department programs including property tax consultants. As recommended by the Council, the definition of ''professional designation'' is changed to refer to the Institute for Professionals in Taxation, which is the current name for the organization. The definition of ''real estate property tax consultant'' is updated to make the definition consistent with how the term is used in the rules. The definition now expressly includes real estate brokers, salespersons, and appraisers who are registered under Texas Occupations Code, §1152.155(b). Language is removed that does not apply to all real estate property tax consultants.
Section 66.20 is reorganized to delete provisions that are covered in statute or elsewhere in the Department's rules. The examination passing score provision is moved from §66.61, which is being repealed.
The heading of §66.23 and subsection (a) are reworded to be more consistent with the language of Chapter 51, Occupations Code, which is the Department's statutory authority for issuing licenses by endorsement.
In §66.25, as recommended by the Council, the breakdown of continuing education hours in subsection (b) is changed to provide additional instruction in property tax consultant law and rules and less instruction in general property tax consultant topics. To be more consistent with the statute, subsection (b) clarifies that the breakdown of hours does not apply to real estate courses that the Department is required to recognize for continuing education credit. For this same reason, the last sentence in subsection (g) is deleted. Language is added to subsection (d) to clarify that a registrant may not receive credit for attending the same course more than once during the one-year period for which the course is approved.
Section 66.61 is repealed. The examination cheating provision is deleted because this matter is addressed in 16 TAC §60.63.
Section 66.70(b) is updated with specific Department information that a registrant must provide to consumers on all written contracts. The option to post the Department information on a sign at the registrant's place of business is deleted. The Department believes that providing the Department's contact information in all contracts will be more beneficial to consumers because a consumer may not actually visit a registrant's place of business.
In §66.90 an unnecessary rule reference is deleted.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments and repeal are in effect there will be no changes to costs or revenues of state or local government as a result of enforcing or administering the amendments and the repeal.
Mr. Kuntz also has determined that for each year of the first five-year period the amendments and repeal are in effect, the public benefit will be that consumers will have better access to the Department's contact information for the purpose of filing complaints or obtaining additional information about the regulation of property tax consultants. An additional benefit to the public and registrants will be the greater emphasis placed on legal requirements in continuing education hours that registrants are required to take.
Mr. Kuntz also has determined that there may be some cost to registrants, including small or micro-businesses, in ensuring that the Department's contact information is printed on all contracts. However, the cost is not expected to be significant. There are no other anticipated costs to persons required to comply with the rules.
Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
16 TAC §§66.10, 66.20, 66.23, 66.25, 66.70, 66.90
The amendments are proposed under Texas Occupations Code, Chapter 1152 and Chapter 51 which authorize the Department to adopt rules as necessary to implement those chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 1152 and Chapter 51. No other statutes, articles, or codes are affected by the proposal.
§66.10.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Occupations Code, Chapter 1152.
[
(2)
Cheating--Attempting to obtain,
obtaining, providing, or using answers to examination questions by deceit,
fraud, dishonesty, or deception while taking a qualification examination.]
(2)
[
(3)
] Private Provider--An educational
institution that is established, conducted, and primarily supported by a nongovernmental
person, as defined by Texas Occupations Code, Chapter 1152, which meets program
and accreditation standards comparable to public institutions of higher education
as determined by the Texas Higher Education Coordinating Board, and which
offers an educational program or course for pre-registration credit or for
upgrade credit towards a senior property tax consultant registration. The
term does not include a continuing education provider as defined in Chapter
59 of this title.
(3)
[
(4)
] Professional Designation--The
designation of Certified Member of the Institute (CMI) conferred by the
Institute for Professionals in Taxation
[
Institute of Property
Taxation
] or another designation recognized by the department.
(4)
[
(5)
] Real estate property tax consultant--An
individual [
who performs property tax consulting services in connection
with property that is real property only and
] who has registered under
Texas Occupations Code,
§1152.155(b) or
§1152.158.
(5)
[
(6)
] Senior property tax consultant--A
registered property tax consultant who has met the additional requirements
of Texas Occupations Code, Chapter 1152, and these rules.
§66.20. Registration Requirements [ --General ].
[
(a)
Any person who performs property
tax consulting services as defined in Texas Occupations Code, Chapter 1152
must first become registered with the Texas Department of Licensing and Regulation.]
(a)
[
(b)
] To register or renew a registration,
a person must file a completed application on a form provided by the department
and pay the applicable fees.
(b) The standard for passing the senior property tax consultant examination shall be a score of at least 70%.
[
(c)
An individual whose registration
has expired may renew the registration in accordance with the renewal provisions
in Texas Occupations Code, Chapter 51, Subchapter H.]
[
(d)
Providing false information
on an application is cause for denial and/or revocation of registration.]
§66.23.Registration-- Endorsement [ Waiver of Requirements ].
(a)
The department may waive any prerequisite to registration
if the department determines that the applicant holds a license or registration
issued by another jurisdiction that has requirements
[
Competency
standards of another state must be
] substantially
equivalent
[
equal
] to those of Texas. It is the responsibility of the applicant
to furnish evidence substantiating the applicant's qualifications.
(b) - (d) (No change.)
§66.25.Continuing Education.
(a) (No change.)
(b) To renew a registration, a registrant must complete 12
hours of continuing education in courses approved or recognized by the department.
Except as provided in Texas Occupations Code, §1152.204(b), the
[
The
] continuing education hours must include the following:
(1)
three
[
two
] hours of instruction
in Texas state law and rules that regulate the conduct of registrants;
(2) - (3) (No change.)
(4)
four
[
five
] hours of instruction
[
approved by the department
] in property tax consulting.
(c) (No change.)
(d) A registrant may not receive continuing education credit for attending the same course more than once during the one-year period for which the course is approved.
(e) - (f) (No change.)
(g) A continuing education course recognized by the department
under Texas Occupations Code, §1152.204(b) is not required to be approved
under Chapter 59 of this title, and the provider of such a course is not required
to be registered under Chapter 59 of this title. [
To be recognized, the
course must be dedicated to instruction in one or more of the topics listed
in subsection (b) of this section, and will be recognized for continuing education
credit accordingly].
(h) - (i) (No change.)
§66.70.Responsibilities of Registrant--General.
(a) A registrant may not allow an employee or associate to perform property tax consulting services without first obtaining registration.
(b)
A registrant shall list the following information
on all written contracts: ''Regulated by The Texas Department of Licensing
and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599;
website: www.license.state.tx.us/complaints.''
[
All registrants
shall notify service recipients of the name, mailing address, and telephone
number of the department. The registrant may use a sticker or rubber stamp
to convey the required information. The notification shall be included on
any contract or on a sign prominently displayed at each place of business.
]
(c) - (f) (No change.)
§66.90.Sanctions--Administrative Sanctions/Penalties.
If a person violates the Act, or a rule or order adopted or issued
by the commission or executive director relating to the Act, the department
may institute proceedings to impose administrative sanctions and/or administrative
penalties in accordance with Texas Occupations Code, Chapter 51 [
and
Chapter 60 of this title (relating to Texas Commission of Licensing and Regulation)
].
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 April 2, 2007.
TRD-200701261
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 463-7348
(Editor's note: The text of the following section proposed for repeal will not be published. The section 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 repeal is proposed under Texas Occupations Code, Chapter 1152 and Chapter 51 which authorize the Commission to adopt rules as necessary to implement those chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed repeal are those set forth in Texas Occupations Code, Chapter 1152 and Chapter 51. No other statutes, articles, or codes are affected by the proposal.
§66.61.Responsibilities of Department--Examinations.
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 April 2, 2007.
TRD-200701262
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 463-7348
The Texas Racing Commission proposes two amendments to 16 TAC §301.1. These amendments are proposed in conjunction with the Commission's rule review of Chapter 301, conducted in accordance with Government Code, §2001.039. The Commission has preliminarily determined that the reasons for adopting Chapter 301 continue to exist, with the proposed amendments.
The Texas Racing Commission proposes an amendment to §301.1(b)(46), to change the term "odds board" to "tote board." The Commission also proposes to amend the definition of race meeting under §301.1(b)(59) to clarify that the term includes pari-mutuel wagering on both live and simulcast racing.
Charla Ann King, 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. King 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 definitions will be clearer and will more closely align with industry standard terms.
There is no anticipated economic cost to an individual required to comply with the proposed amendment.
There are no foreseeable implications relating to costs or revenues for small or micro-businesses as a result of enforcing or administering the proposed amendment.
There are no negative impacts upon employment conditions in this state as a result of the proposed amendment.
All comments or questions regarding the proposed amendment may be submitted in writing within 30 days following publication of this notice in the Texas Register to Gloria Giberson, Assistant to the Executive Secretary for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.
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.
The amendment implements Texas Civil Statutes, Article 179e.
§301.1.Definitions.
(a) (No change.)
(b) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (45) (No change.)
(46) Tote [Odds] board--a facility at
a racetrack that is easily visible to the public on which odds, payoffs, advertising,
or other pertinent information is posted.
(47) - (58) (No change.)
(59) Race meeting--
the specified period and dates each
year during which an association is authorized to conduct racing and/or pari-mutuel
wagering by approval of the Commission
[
a group of days on which
horse or greyhound racing is conducted at a racetrack
].
(60) - (89) (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 April 2, 2007.
TRD-200701270
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 833-6699
The Texas Racing Commission proposes amendments to §§319.102, 319.111, 319.202, 319.203, and 319.204. The Commission also proposes new §319.108. These amendments are proposed in conjunction with the Commission's rule review of Chapter 319, conducted in accordance with Government Code, §2001.039. The Commission has preliminarily determined that the reasons for adopting the above referenced sections continue to exist, with the proposed amendments.
The sections proposed for amendment relate to the veterinarian's list for race horses, Extracorporeal Shock Wave Therapy and Radial Pulse Wave Therapy, bleeders and the furosemide program, the veterinarian's list for greyhounds, kennel inspections, and vaccination requirements for greyhounds.
Charla Ann King, Executive Secretary for the Commission, has determined that for each of the first five years that the amended rules will be in effect, the following statements regarding the anticipated public benefit will apply:
The change to §319.102 will clarify that, for the purpose of removing a horse from the veterinarian's list, the commission will accept the report of a satisfactory workout or examination conducted by a commission veterinarian employed by a pari-mutuel regulatory authority outside of Texas.
New §319.108 regulates the use of Extracoporeal Shock Wave Therapy and Radial Pulse Wave Therapy. The provisions of this new rule are consistent with the provisions of the Association of Racing Commissioners International's model rule regarding these therapies.
The changes to §319.111 accomplish five purposes.
First, §319.111(a)(1) is amended by the insertion of the word "occurs." This is a technical correction only.
Second, the creation of new §319.111(a)(2) provides an opportunity for a trainer to seek reconsideration of a commission veterinarian's diagnosis of an EIPH event.
Third, the changes to §319.111(e) eliminate many of the barriers to removing a horse from the furosemide program. Under the rule as proposed, a trainer will only have to state his intent to race the horse without furosemide at the time he enters the horse into a race. In addition, a horse that competes out of state without furosemide is deemed to have been withdrawn from the furosemide program. These changes will align the requirements for withdrawing from the furosemide program to match the requirements for entering the program. In addition, they will reduce paperwork and streamline the process for trainers of withdrawing horses from the furosemide program.
Fourth, the change to §319.111(f)(2) will correct a typographical error.
Finally, the changes to §319.111(g) will clarify the minimum lengths of time that a horse will remain on the veterinarian's list after Exercise Induced Pulmonary Hemorrhage (EIPH) events. The changes to §319.111(g) do not change the substance of the existing rule, but only present the rule in a format that is easier to understand.
The change to §319.202(b) will provide additional flexibility to the commission veterinarian in notifying the responsible party for a kennel that the veterinarian is placing one of the kennel's greyhounds on the veterinarian's list. The current rule prescribes that the commission veterinarian should notify the kennel owner; however, in many cases, the owner has delegated the responsibility for day-to-day management of a kennel to the trainer. This rule amendment will provide the commission veterinarian with the flexibility of notifying either the owner or the trainer.
The changes to §319.203 will distinguish between the types of monitoring and inspection efforts made by commission veterinarians at greyhound racetracks. The current rule includes both types of activities as part of the kennel inspection, which generally occurs on an annual or semi-annual basis. However, the commission veterinarians monitor the health and care of the greyhounds on a daily basis, and focus their kennel inspections on the physical infrastructure of the facilities. The proposed changes reflect the different natures of these efforts and the different timetables. In addition, the changes to §319.203 specify how often kennels should be inspected. Only one of the state's three greyhound tracks offers seasonal race meets; the other two operate throughout the year. The amended rule will specify that year-round greyhound tracks will inspected semi-annually, and that seasonal greyhound tracks will be inspected at the beginning of each race meet.
Section 319.204(c), which sets out the vaccination requirements for greyhounds, contains an ineffective reference to the rules of the Texas Animal Health Commission (TAHC). §319.204(c) refers to the TAHC's rules governing greyhound health certificates, entry permits or veterinarian inspections. However, the TAHC has no such rules. The rule amendment will delete the ineffective reference.
There are no foreseeable implications relating to costs or revenues for state or local governments as a result of enforcing or administering the proposed amendments.
There are no foreseeable implications relating to costs or revenues for small or micro-businesses as a result of enforcing or administering the proposed amendments.
There are no economic costs to persons required to comply with the proposed amendments.
There are no negative impacts upon employment conditions in this state as a result of the proposed amendments.
All comments or questions regarding these proposed amendments may be submitted in writing within 30 days following publication of this notice in the Texas Register to Gloria Giberson, Assistant to the Executive Secretary for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.
Subchapter B. TREATMENT OF HORSES
16 TAC §§319.102, 319.108, 319.111
The rule amendments and new rule are proposed under the Texas Civil Statutes, Article 179e, §§3.02, which authorizes the Commission to make rules relating to all aspects of greyhound and horse racing, and §3.07, which requires the commission to make rules specifying the authority and duties of race officials.
The amendments and new rule implement Texas Civil Statutes, Article 179e.
§319.102.Veterinarian's List.
(a) - (d) (No change.)
(e) A workout for or an examination by a commission veterinarian in any pari-mutuel jurisdiction will be recognized for the purposes of removing a horse from the veterinarian's list.
§319.108.Extracorporeal Shock Wave Therapy.
The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy shall not be permitted unless the following conditions are met:
(1) Any Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines on the association grounds must be registered with and approved by the Commission or its designee before use;
(2) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines shall be limited to veterinarians licensed to practice by the Commission;
(3) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments must be reported to the commission veterinarian or the commission veterinarian's designee on the prescribed form within 24 hours; and
(4) Any treated horse shall be on the veterinarian's list for 10 days following treatment.
§319.111.Bleeders and Furosemide Program.
(a) Diagnosis of EIPH.
(1) A bleeder is a horse that experiences Exercise Induced Pulmonary Hemorrhage (EIPH). Except as otherwise provided by this subsection, the medical diagnosis of EIPH may be made only by a commission veterinarian or a veterinarian currently licensed by the Commission. If the first EIPH event experienced by a horse occurs in another pari-mutuel racing jurisdiction, certification of the horse as a bleeder by that foreign jurisdiction will also constitute a first report of a diagnosed EIPH event for purposes of this section. A veterinarian who diagnoses an EIPH event in a horse participating in pari-mutuel racing in this state shall report the event to the commission veterinarian in a format prescribed by the executive secretary. On receipt of the first report of a diagnosed EIPH event for a horse, the commission veterinarian shall certify the horse as a bleeder.
(2) A trainer may request that a commission veterinarian reconsider the commission veterinarian's diagnosis of an EIPH event by presenting the horse for re-examination within four hours of the initial diagnosis, or within one hour after a performance's last race, whichever occurs sooner. To receive reconsideration, the trainer must present the horse to the commission veterinarian for endoscopic examination as performed by a commission-licensed veterinarian.
(b) - (d) (No change.)
(e) Withdrawal from Furosemide Program.
(1) To withdraw a horse from the furosemide program, the trainer must
state his/her intention to race the horse without furosemide at
the time of entry. [
apply to the commission veterinarian. The commission
veterinarian may require a signed medical statement from the trainer's regular
practicing veterinarian that it is in the horse's best interest to be withdrawn
from the furosemide program. The commission veterinarian may also request
any other additional information the commission veterinarian needs to justify
removal of the horse from the furosemide program. A withdrawal request and
all accompanying information must be reviewed and a decision rendered by the
commission veterinarian as soon as practicable.]
(2) A horse in the furosemide program
that competes out-of-state
without furosemide is considered to have been removed from the Texas furosemide
program effective the date of its first race without furosemide.
[
may not compete without furosemide until its withdrawal from the program has
been approved by the commission veterinarians.
]
(3) Withdrawal from the furosemide program does not prohibit a horse from subsequent readmission to the program in accordance with this section.
(f) Readmission to the Furosemide Program. A horse may be readmitted to the furosemide program if:
(1) at least 60 days have elapsed since the horse was withdrawn from the program;
(2) the horse is required to compete with furosemide pursuant
to subsection (b) [(a)](2) of this section; or
(3) the commission veterinarian diagnoses the horse with another EIPH event.
(g) Bleeders List.
(1) The commission veterinarian shall maintain a list of horses that have been certified as bleeders and a list of horses that have been admitted to the furosemide program.
(2) On receipt of a report of a diagnosed EIPH event, the commission
veterinarian shall place the horse on the veterinarian's list
and the
horse shall be ineligible to race for the following time periods:
[.]
(A) First incident - 12 days;
(B) Second incident within 365 days of previous incident - 30 days;
(C) Third incident within 365 days of previous incident - 180 days;
(D)
Fourth incident within 365 days of previous
incident - lifetime ban from racing in this state.
[
For the first
diagnosed EIPH event, a horse shall be placed on the veterinarian's list and
is ineligible to start in a race before the 12th day after the date of the
EIPH event. For the second diagnosed EIPH event, a horse shall be placed on
the veterinarian's list and is ineligible to start in a race before the 30th
day after the date of the second EIPH event. For the third diagnosed EIPH
event, a horse shall be placed on the veterinarian's list and is ineligible
to start in a race before the 180th day after the date of the third EIPH event.
For the fourth diagnosed EIPH event, a horse is barred from pari-mutuel racing
in this state.
]
(3)
A horse
with fewer than four EIPH events
that has not had a diagnosed EIPH event for a period of 365 consecutive
days is considered a non-bleeder for purposes of this
subsection
[
paragraph
]. The report of a diagnosed EIPH event from any pari-mutuel
jurisdiction which officially records EIPH events will be recognized as an
EIPH event by the Commission.
(4)
[
(3)
] Notwithstanding the foregoing,
if after reviewing a report of a diagnosed EIPH event the commission veterinarian
determines additional days on the veterinarian's list are essential to the
health and safety of the horse, the commission veterinarian may extend the
number of days the horse is on the veterinarian's list. The commission veterinarian
shall record the medical reasons for the additional days.
(h) (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 April 2, 2007.
TRD-200701272
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 833-6699
16 TAC §§319.202, 319.203, 319.204
The amendments are proposed under the Texas Civil Statutes, Article 179e, §§3.02, which authorizes the Commission to make rules relating to all aspects of greyhound and horse racing, and §3.07, which requires the commission to make rules specifying the authority and duties of race officials.
The amendments implement Article 3 of Texas Civil Statutes, Article 179e.
§319.202.Veterinarian's List.
(a) (No change.)
(b) The commission veterinarian shall notify the kennel owner or trainer of a greyhound placed on the veterinarian's list not later than 24 hours after placing the greyhound on the list.
(c) - (f) (No change.)
§319.203. Condition of Greyhounds and Inspection of Kennels.
(a)
To ensure the health and safety of each greyhound,
the
The
commission veterinarian shall
monitor the condition
of the greyhounds and
inspect each kennel on association grounds where
greyhounds are housed.
(b) On each race day, the commission veterinarian shall monitor the condition of the greyhounds. Factors the commission veterinarian shall evaluate include, but are not limited to:
(1) the general physical condition of the greyhounds;
(2) the general manner of handling the greyhounds;
(3) the management of bitches in season;
(4) the management of sick greyhounds;
(5) the medication in use; and
(6) the presence of ectoparasites.
(c) If the commission veterinarian determines that an unsatisfactory condition exists, the veterinarian shall advise the kennel owner or trainer of the unsatisfactory condition. If the unsatisfactory condition persists, or if the unsatisfactory condition requires immediate corrective action, the commission veterinarian shall advise the kennel owner or trainer of the unsatisfactory condition and shall report the condition to the judges.
(d) At tracks that operate year-round, the commission veterinarian shall conduct kennel inspections semi-annually as directed by the executive secretary. At tracks that do not operate year-round, the commission veterinarian shall conduct a kennel inspection at the beginning of each race meet.
(e)
[
(b)
] The commission veterinarian
shall file a written report on each inspection with the executive secretary,
on a prescribed form
. The report must include
, but is not limited
to,
a statement of the kennel conditions or practices regarding:
[
(1)
the general physical condition of the
greyhounds;
]
[
(2)
the general manner of handling the greyhounds;
]
(1)
[
(3)
] the food and the food storage;
(2)
[
(4)
] the sanitary conditions of
the kennels [
and turn-out pens
];
[
(5)
management of bitches in season;
]
[
(6)
management of sick greyhounds;
]
[
(7)
the medication in use;
]
[
(8)
presence of ectoparasites; and
]
(3) the maintenance of the kennel buildings;
(4) the maintenance of the turnout pens;
(5) the maintenance of the sprint path;
(6) the maintenance of the lockout kennel;
(7) the maintenance of the paddock area; and
(8)
[
(9)
] other matters that the commission
veterinarian considers necessary for corrective action by the kennel owner
or the association.
§319.204.Vaccination Requirements.
(a) - (b) (No change.)
(c) The association may not permit a greyhound to enter its
grounds unless the trainer or kennel owner of the greyhound provides to the
association proof of the necessary vaccinations and has a health certificate,
entry permit or veterinarian inspection [pursuant to the rules of the
Texas Animal Health Commission].
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 April 2, 2007.
TRD-200701273
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 833-6699
Subchapter C. REGULATION OF LIVE WAGERING
DIVISION 2. DISTRIBUTION OF PARI-MUTUEL POOLS
The Texas Racing Commission proposes an amendment to 16 TAC §321.313, which relates to the distribution of the pari-mutuel pool for winners of the Select Three, Four or Five wager. The rule currently specifies that the Select Three pool will be calculated as a "Win Pool," meaning that each entry in a dead heat receives an equal price payout. The amendment will change the calculation to a "Profit Split" payout, meaning that the payouts in a dead heat will be weighted according to the actual amount of money wagered on the winning combinations. The proposal will not change the payouts for the Select Four or Five wagers.
The proposed rule is consistent with the model rule for Win Three Pools as published by the Association of Racing Commissioners International.
Charla Ann King, 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. King 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 wagering public will collect from Select Three wagers involving dead heats in a manner that is more consistent with the amounts wagered on each winning combination.
There is no anticipated economic cost to an individual required to comply with the proposed amendment.
There are no foreseeable implications relating to costs or revenues for small or micro-businesses as a result of enforcing or administering the proposed amendment.
There are no negative impacts upon employment conditions in this state as a result of the proposed amendment.
All comments or questions regarding the proposed amendment may be submitted in writing within 30 days following publication of this notice in the Texas Register to Gloria Giberson, Assistant to the Executive Secretary for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.
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 §11.01, which requires the Commission to adopt rules regulating pari-mutuel wagering on greyhound and horse racing.
The amendment implements Texas Civil Statutes, Article 179e.
§321.313.Select Three, Four, or Five.
(a) - (i) (No change.)
(j) In the event of a dead heat for win between two or more animals:
(1)
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.
]
(A) As a profit split to those whose selections finished first in each of the three contests; but if there are no such wagers, then
(B) As a single price pool to those who selected the first place finisher in any two of the three contests; but if there are no such wagers, then
(C) As a single price pool to those who selected the first place finisher in any one of the three contests; but if there were no such wagers, then in accordance with paragraph (f) of this section.
(2) in a select 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) (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 April 2, 2007.
TRD-200701268
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 13, 2007
For further information, please call: (512) 833-6699