16 TAC §311.5
The Texas Racing Commission adopts amendments to
16 TAC §311.5, License Fee, with a change to the rule as published
in the March 13, 2009, issue of the Texas Register
(34 TexReg 1775). An oversight was discovered in the
proposed version of Figure: 16 TAC §311.5(c) in that there was
no fee increase for Association Other. The adopted version increases
this fee from $50 to $75.
The purpose of the rule adoption is to provide additional revenue
to the Commission to administer the Texas Racing Act and to support
the regulation of live and simulcast racing. The rule will provide
additional revenue by increasing the licensing fees for the various
occupations licensed by the Commission.
The proposal was discussed at the meetings on April 2 and June
3 of the Commission's Committee on Rules. The Commissioners invited
input and ideas about opportunities to raise revenue. The Commissioners
asked the attendees to consider the funding options and welcomed the
attendees to provide additional input in the days following the meeting.
At the June 3 meeting, one racetrack association presented a revised
schedule that avoids increases on entry level workers, but imposes
further increases on trainers, owners, and top association management.
However, due to the lateness of the proposed revision and opposition
from horsemen at the meeting, the commission did not adopt the revised
schedule.
The amendments are adopted under the Texas Revised Civil
Statutes, Article 179e, §3.02, which authorizes the Commission
to adopt rules for conducting horse or greyhound racing involving
wagering and other rules to administer the Texas Racing Act, and §5.01,
which requires the Commission to set fees by rule in amounts reasonable
and necessary to cover the Commission's costs of regulating, overseeing,
and licensing live and simulcast racing at racetracks.
§311.5.License Fees.
(a) An applicant for a license must submit with the
application documents the license fee in the amount set by the Commission
in subsection (c) of this section.
(b) A license fee paid at a racetrack or at the Commission's
headquarters must be paid by a money order, a certified check, a cashier's
check, a credit card, or a personal check. The executive secretary
may approve payment in cash at a racetrack if the association submits
a plan that is approved by the executive secretary. The plan shall
provide for the safety and security of the licensing office where
the cash will be received and stored and licensing employees who will
be responsible for handling and depositing the cash received. A license
fee paid through the Texas OnLine portal may be paid by any method
approved by the Texas OnLine Authority.
(c) The fee for an occupational license is as follows:
Figure: 16 TAC §311.5(c)
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 June 17, 2009.
TRD-200902471
Mark Fenner
General Counsel
Texas Racing Commission
Effective date: August 1, 2009
Proposal publication date: March 13, 2009
For further information, please call: (512) 833-6699