TITLE economic-regulation

Part VIII. Texas Racing Commission

Subchapter D. Texas Bred Incentive Programs

The Texas Racing Commission adopts an amendment to §303.93, concerning the rules for the Texas Bred Incentive Program for quarter horses. This amendment is adopted without changes to the proposed text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4127). The amendment was presented to the commission as a rulemaking petition under 16 Texas Administrative Code §307.33 by the Texas Quarter Horse Association, the officially designated breed registry for quarter horses in Texas. According to the petition, the amendment is necessary to place the responsibility for disbursement of awards on the association. The amendment eliminates redundant provisions and consolidates the payment of all awards into one procedure. In addition, the amendment clarifies that the accredited Texas-bred incentive awards are not a part of the purse, but are an added incentive under the statute.

No comments were received regarding the adoption of this 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; §6.08, which authorizes the Commission to adopt rules relating to the accounting, audit, and distribution of all amounts set aside for the Texas-bred program; and §9.01, which authorizes the commission to approve and adopt rules developed by the breed registries.

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 August 6, 1999.

TRD-9904842

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

Chapter 305. Licenses for Pari-mutuel Racing

Subchapter C. Racetrack Licenses

1. General Provisions

16 TAC §305.68

The Texas Racing Commission adopts the repeal of §305.68, concerning greyhound racetrack fees. The repeal of this rule was published in the June 4, 1999, issue of the Texas Register (24 TexReg 4128). All license fees are being consolidated into one rule section. Since this section will be made a part of new §309.8, this separate rule section is no longer necessary.

No comments were received regarding the repeal of this section.

The repeal 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 authorizes the Commission to impose an annual fee for racetrack licensees; and §6.18, which authorizes the Commission to impose an annual fee for racetrack licenses.

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 August 6, 1999.

TRD-9904843

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

16 TAC §305.70

The Texas Racing Commission adopts the repeal of §305.70, concerning officials' fees. The repeal of this rule was published in the June 4, 1999, issue of the Texas Register (24 TexReg 4129). All fees required to be paid by racing associations are being consolidated into one rule section. Since this section will be made a part of new §309.8, this separate rule section is no longer necessary.

No comments were received regarding the repeal of this section.

The repeal 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 August 6, 1999.

TRD-9904844

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

16 TAC §305.71

The Texas Racing Commission adopts the repeal of §305.71, concerning horse racetrack fees. The repeal of this rule was published in the June 4, 1999, issue of the Texas Register (24 TexReg 4129). All license fees are being consolidated into one rule section. Since this section will be made a part of new §309.8, this separate rule section is no longer necessary.

No comments were received regarding the repeal of this section.

The repeal of this section 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 authorizes the Commission to impose an annual fee for racetrack licensees; and §6.18, which authorizes the Commission to impose an annual fee for racetrack licenses.

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 August 6, 1999.

TRD-9904845

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

Chapter 309. Racetrack Licenses and Operations

Subchapter A. Racetrack Licenses

16 TAC §309.8

The Texas Racing Commission adopts new §309.8, concerning the racetrack license fees. This new rule is adopted without changes to the proposed text published in the June 4, 1999, issue of the Texas Register (24 TexReg 4130). The Commission recovers its costs to administer and enforce the Texas Racing Act and provide officials at live race meetings by charging the racing association various fees. This rule consolidates all these fees currently found in several rule sections. In addition, the fees have been recalculated to ensure that the Commission collects only enough fees to cover its regulatory costs. This recalculation has led to a reduction in the fees.

One comment was received regarding the deadline for forwarding the fees. The comment will be incorporated in the rule as part of the review of Chapter 309 which is currently underway. This was satisfactory to the association providing the comment.

The new section is adopted under the Texas Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; §3.07, which authorizes the Commission to establish an officials' fee by rule; § 5.01, which authorizes the Commission to impose an annual fee for racetrack licensees; §6.18, which authorizes the Commission to impose an annual fee for racetrack licenses; and §11.011, which authorizes the Commission to adopt rules to regulate simulcasting.

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 August 6, 1999.

TRD-9904846

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

Chapter 321. Pari-mutuel Wagering

Subchapter C. Simulcast Wagering

2. Simulcasting at Horse Racetracks

16 TAC §321.231

The Texas Racing Commission adopts the repeal of §321.231, concerning simulcast fees for horse racing associations. The repeal of this rule was published in the June 4, 1999, issue of the Texas Register (24 TexReg 4131). All fees that horse racing associations are required to pay are being consolidated into one rule section. Since this section will be made a part of new §309.8, this separate rule section is no longer necessary.

No comments were received regarding the repeal of this section.

The repeal 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; §6.18, which authorizes the Commission to impose an annual fee for racetrack licenses; and §11.011, which authorizes the Commission to adopt rules to regulate simulcasting.

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 August 6, 1999.

TRD-9904847

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699

3. Simulcasting at Greyhound Racetracks

16 TAC §321.251

The Texas Racing Commission adopts the repeal of §321.251, concerning simulcast fees for greyhound racing associations. The repeal of this rule was published in the June 4, 1999, issue of the Texas Register (24 TexReg 4131). All fees that greyhound license association are required to pay are being consolidated into one rule section. Since this section will be made a part of new §309.8 this separate rule section is no longer necessary.

No comments were received regarding the repeal of this section.

The repeal 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; §6.18, which authorizes the Commission to impose an annual fee for racetrack licenses; and §11.011, which authorizes the Commission to adopt rules to regulate simulcasting.

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 August 6, 1999.

TRD-9904848

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Effective date: September 1, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 833-6699