Part VIII.
Texas Racing Commission
Chapter 305.
Licenses for Pari-Mutuel Racing
Subchapter B. Individual Licenses
16 TAC §305.33
The Texas Racing Commission adopts an amendment to §305.33,
concerning the license badge without changes to the proposed text as published
in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11908). The amendment is adopted so that enforcement and
regulatory personnel will be able to tell at a glance when a particular license
expires. This will help ensure only licensed personnel are permitted to participate
in pari-mutuel racing, as required by state law.
The amendment modifies the information required to be placed on the license
badge to include the month and year the license expires. The Commission has
implemented a system of revolving expiration dates for occupational licenses
and the change in the license badge style aids in that new system.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §5.01
which requires the Commission to issue a license credential to every occupational
licensee; and §7.06, which requires the Commission to issue identification
cards to occupational licensees.
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 January
15, 1998.
TRD-9800652
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
General Provisions
16 TAC §305.70
The Texas Racing Commission adopts an amendment to §305.70,
concerning officials' fees without changes to the proposed text as published
in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11909). The amendment is adopted to ensure the Commission
will be in full compliance with the statutory mandate in Texas Civil Statutes,
Article 179e, §3.07(a).
The amendment changes the amount of the officials' fee that pari-mutuel
racetracks are required to pay to the Commission to offset the costs of providing
officials.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §3.07
which authorizes the Commission to establish an officials fee by rule.
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 January
15, 1998.
TRD-9800653
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Subchapter C. Proceedings by Stewards and Racing Judges
Appeals to Commission
16 TAC §307.261
The Texas Racing Commission adopts an amendment to §307.261,
concerning appeals to the Commission from rulings issued by the stewards
and racing judges without changes to the proposed text as published in the
December 5, 1997, issue of the
Texas Register
(22 TexReg 11910). The amendment is adopted to ensure pari-mutuel racing
will be of the utmost integrity.
The amendment clarifies the eligibility status of race animals that are
involved in an appeal that affects the official order of finish of a race.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks; and Texas Government Code, §2001.004, which
requires the Commission to adopt rules of practice and procedure.
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 January
15, 1998.
TRD-9800654
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Subchapter B. Specific Licensees
General Provisions
16 TAC §311.106
The Texas Racing Commission adopts an amendment to §311.106,
concerning stable names without changes to the proposed text as published
in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11910). The amendment is adopted to ensure the Commission's
rules will be consistent with applicable state law.
The Texas Racing Act was revised by sunset legislation effective September
1, 1997, and in that legislation, the Commission is prohibited from adopting
rules which restrict nondeceptive advertising. The amendment implements that
legislation by eliminating the restrictions on the use of stable names that
advertise products or services.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §3.021
which prohibits the Commission from restricting nondeceptive advertising;
and §6.06, which authorizes the Commission to adopt rules on all matters
relating to the operation of pari-mutuel racetracks.
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 January
15, 1998.
TRD-9800655
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Subchapter A. Officials
Duties of Stewards
16 TAC §313.21
The Texas Racing Commission adopts an amendment to §313.21,
concerning the eligibility requirements for stewards without changes to the
proposed text as published in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11911). The amendment is adopted to ensure
the Commission's rules will be consistent with applicable state law.
The Texas Racing Act was revised by sunset legislation effective September
1, 1997, and that legislation made all three stewards at horse racetracks
employees of the Commission. The amendment implements that legislation by
removing the reference in the rules to a list of approved stewards for use
by racetracks when employing stewards.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §3.07,
which requires the Commission to employ all stewards at pari-mutuel horse
racetracks.
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 January
15, 1998.
TRD-9800656
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
16 TAC §313.22
The Texas Racing Commission adopts an amendment to §313.22,
concerning the general duties of stewards without changes to the proposed
text as published in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11911). The amendment is adopted to ensure
pari-mutuel racing will be humane for the race horses.
The amendment specifically authorizes the stewards at a pari-mutuel horse
racetrack to order an endoscopic examination to be performed on a horse,
at the expense of the horse's owner, to determine whether foreign material,
such as a sponge, is obstructing the flow of air into the horse's lungs.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §3.07,
which authorizes the Commission to adopt rules specifying the authority of
the stewards; §3.16, which authorizes the Commission to adopt rules
prohibiting the unlawful influencing of the outcome of a race; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks.
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 January
15, 1998.
TRD-9800657
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Allowances and Penalties
16 TAC §313.166
The Texas Racing Commission adopts an amendment to §313.166,
concerning the apprentice weight allowance without changes to the proposed
text as published in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11912). The amendment is adopted to ensure
pari-mutuel racing will be of the utmost integrity.
The amendment clarifies the length of time a jockey is permitted to ride
with an apprentice weight allowance and the circumstances under which the
commission may extend that time. The amendment makes the Commission's rules
consistent with the model rule on apprentice jockeys developed by the Jockey
Guild.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks.
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 January
15, 1998.
TRD-9800658
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Jockeys
16 TAC §313.406
The Texas Racing Commission adopts an amendment to §313.406,
concerning colors and number without changes to the proposed text as published
in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11913). The amendment is adopted to ensure the Commission's
rules will be consistent with applicable state law.
The Texas Racing Act was revised by sunset legislation effective September
1, 1997, and in that legislation, the Commission is prohibited from adopting
rules which restrict nondeceptive advertising. The amendment implements that
legislation by eliminating the restrictions on advertising on jockey clothing.
No comments were received regarding the adoption of the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorize the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §3.021
which prohibits the Commission from restricting nondeceptive advertising;
and §6.06, which authorizes the Commission to adopt rules on all matters
relating to the operation of pari-mutuel racetracks.
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 January
15, 1998.
TRD-9800659
Paula C. Flowerday
General Counsel
Texas Racing Commission
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 833-6699
Subchapter A. Officials
Appointment of Officials
Subchapter C. Racetrack Licenses
Chapter 307.
Practice and Procedure
Chapter 311.
Conduct and Duties of Individuals
Chapter 313.
Officials and Rules of Horse Racing
Subchapter B. Entries, Declarations, and Allowances
Subchapter D. Running of the Race
Chapter 315.
Officials and Rules for Greyhound Racing