Part 8. TEXAS RACING COMMISSION
Subchapter A. LICENSING PROVISIONS
(Editor's note: The text of the following section proposed for repeal will not be published.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 Racing Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Racing Commission (Commission) proposes the repeal of §311.51, concerning Interim License to Conduct Race Meetings. Section 311.51 relates to a licensing category for interim licenses to conduct pari-mutuel race meetings. The Commission considers that the rule as adopted exceeds the statutory authority of the Commission under both Article 5 and Article 6 of the Texas Racing Act and should therefore be repealed.
Charla Ann King, Executive Secretary for the Texas Racing Commission, has determined that for the first five year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing the repeal.
Ms. King has also determined that for each year of the first five years the repeal is in effect the anticipated public benefit will be the elimination of a rule that exceeds the statutory authority of the Commission.
Since the rule proposed for repeal exceeds the statutory authority of the Commission to adopt, preparation of an economic impact statement and a regulatory flexibility analysis is not required.
There are no negative impacts upon employment conditions in this state as a result of the proposed repeal.
All comments or questions regarding the proposed repeal 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 repeal is proposed under the Texas Revised 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 repeal implements Texas Civil Statutes, Article 179e.
§311.51.Interim License to Conduct Race Meetings.
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 14, 2008.
TRD-200801958
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 25, 2008
For further information, please call: (512) 833-6699