Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter P. TEXAS UNIVERSAL SERVICE FUND
The Public Utility Commission of Texas (commission) adopts an amendment
to §26.401 relating to Texas Universal Service Fund (TUSF), the repeal
of §26.413 relating to Tel- Assistance Service, and an amendment to §26.417
relating to Designation as Eligible Telecommunications Providers to Receive
Texas Universal Service Funds (TUSF) with no changes to the proposed text
as published in the November 23, 2001
Texas Register
(26 TexReg 9489). The repeal of §26.413 was necessary as a result
of House Bill 2156, 77th Legislative Session (HB 2156), that eliminated the
Tel-Assistance Program effective September 1, 2001. HB 2156 required telecommunications
carriers to convert all Tel-Assistance customers to Lifeline Service as of
September 1, 2001; therefore §26.413 is no longer necessary. The amendments
to §26.401 and §26.417 removed references to §26.413 and Tel-Assistance,
and made other non-substantive changes. This repeal and amendments are adopted
under Project Number 24523.
The commission received no comments on the proposed repeal or amendments.
16 TAC §26.401, §26.417
The amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2002) (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, 2001 Texas Session Laws, HB 2156 (Vernon's),
77th Legislature, Regular Session, Chapter 1451, §4, that discontinues
the Tel- Assistance Program.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
55.015, and 56.021.
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 February 15, 2002.
TRD-200200993
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 7, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512)936-7308
16 TAC §26.413
The repeal is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2002) (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, 2001 Texas Session Laws, HB 2156 (Vernon's),
77th Legislature, Regular Session, Chapter 1451, §4, that discontinues
the Tel- Assistance Program.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
55.015, and 56.021.
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 February 15, 2002.
TRD-200200992
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 7, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 936-7308
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
2.
PROGRAM FOR HORSES
16 TAC §303.99
The Texas Racing Commission adopts an amendment to §303.99,
relating to stakes and other prepayment races, breed registries, without changes
to the proposed text as published in the December 21, 2001, issue of the
No comments were received regarding the adoption of this amendment.
The amendment 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas and §6.06, which authorizes the Commission to adopt rules
on all matters relating to the operation of pari-mutuel racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201035
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
Subchapter D. GREYHOUND RACETRACKS
2.
OPERATIONS
16 TAC §309.361
The Texas Racing Commission adopts an amendment to §309.361,
relating to greyhound purse and kennel account without changes to the proposed
text as published in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10462) and will not be republished. The
purpose of this amendment is to hold purses in greyhound stakes races until
all drug testing has been completed and cleared in all trial races and finals
before the distribution of purses to affected persons. The amendment is necessary
to avoid financial difficulty to those affected persons who may be required
to reimburse a share of the purse due to a positive test found in qualifying
rounds or in the finals.
No comments were received regarding the adoption of this amendment.
The amendments are 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, and §6.06, which authorizes the Commission to adopt
rules on all matters relating to the operation of pari-mutuel racetracks.
The adoption implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201036
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
Subchapter B. SPECIFIC LICENSES
16 TAC §311.103
The Texas Racing Commission adopts an amendment to §311.103,
relating to kennel owners, without changes to the proposed text in the January
18, 2002, issue of the
Texas Register
(27
TexReg 45) and will not be republished. The amendment requires kennel owners
to provide documentation of their greyhounds' whelping kennel. This amendment
will ensure that all greyhound participating in pari-mutuel racing have been
whelped from inspected kennels. The National Greyhound Association will perform
the inspections to ensure minimal standards are upheld.
No comments were received regarding the adoption of this amendment.
The amendment 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; and §6.06,
which authorizes the Commission to adopt rules relating to all aspects of
pari-mutuel tracks.
The adoption implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201037
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: January 18, 2002
For further information, please call: (512) 833-6699
Subchapter D. GREYHOUND BREEDING FARMS
16 TAC §315.250
The Texas Racing Commission adopts new §315.250, pertaining
to standards for greyhound breeding farms, without changes to the proposed
text as published in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10462) and will not be republished. The
new section provides for minimum standards for greyhound breeding farms as
required by §10.04(b) of the Texas Racing Act.
No comments were received regarding the adoption of this new rule.
The new rule 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, §6.06, which authorizes the Commission to adopt rules
on all matters relating to the operation of pari-mutuel racetracks, and §10.04,
which authorizes the Commission to adopt standards relating to the operation
of greyhound farms.
The new rule implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201038
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
Subchapter D. DRUG TESTING
2.
TESTING PROCEDURES
16 TAC §319.338
The Texas Racing Commission adopts new §319.338, relating
to the storage of split samples, without changes to the proposed text as published
in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10463) and will not be republished. This section was formally
known as §319.363. The rule will be now located with the testing procedures
subsection of the rulebook. By creating this new section in its current placement,
the storage procedure will apply to both horses and greyhounds without unnecessary
repetition.
No comments were received regarding the adoption of this amendment.
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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, and §3.16 which authorizes the Commission to adopt rules
relating to split testing procedures.
The new rule implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201039
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
16 TAC §319.362
The Texas Racing Commission adopts amendments to §319.362,
relating to split specimen, without changes to the proposed text as published
in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10463) and will not be republished. The amendment modifies
the rule to reflect the current practice of handling split samples for horses.
No comments were received regarding the adoption of this amendment.
The amendments are 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, and §3.16 which authorizes the Commission to adopt rules
relating to split testing procedures.
The adoption implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201040
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
16 TAC §319.363
The Texas Racing Commission adopts the repeal §319.363,
relating to the storage of split samples, without changes to the proposed
text as published in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10464) and will not be republished. The
repeal is necessary because a new section has been created which provides
for storage procedures. These procedure are now applicable to both horses
and greyhounds.
No comments were received regarding the adoption of this repeal.
The repeal 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, and §3.16 which authorizes the Commission to adopt rules
relating to split testing procedures.
The repeal implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201041
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
16 TAC §319.391
The Texas Racing Commission adopts amendments to §319.391,
relating to the testing of greyhounds, without changes to the proposed text
as published in the December 21, 2001, issue of the
Texas Register
(26 TexReg 10465) and will not be republished. The
amendments provide a procedure to request a split sample, to determine when
a split is to be performed, and to maintain the split sample for greyhound
testing.
A written comment was received from a greyhound association. The comment
stated that it was unlikely a greyhound would be able to provide sufficient
urine needed for testing. Staff of the Commission explained that the drug
testing facilities recommended the quantity required by the rule. Further,
it was also explained that the Racing Act requires a method for split samples
for greyhounds as well as horses.
The amendments are 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; §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas, and §3.16 which authorizes the Commission to adopt rules
relating to split testing procedures.
The adoption implements Texas Civil Statutes, Article 179e.
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 February 20, 2002.
TRD-200201042
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: March 13, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 833-6699
Subchapter C. CRIMINAL ENFORCEMENT
Part 8.
TEXAS RACING COMMISSION
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Chapter 311.
OTHER LICENSES
Chapter 315.
OFFICIALS AND RULES FOR GREYHOUND RACING
Chapter 319.
VETERINARY PRACTICES AND DRUG TESTING
3.
PROVISIONS FOR HORSES
4.
PROVISIONS FOR GREYHOUNDS
Chapter 323.
DISCIPLINARY ACTION AND ENFORCEMENT