Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 7.
GAS UTILITIES DIVISION
Subchapter B. SUBSTANTIVE RULES
16 TAC §7.70, §7.81
The Railroad Commission of Texas adopts amendments to §7.70,
relating to general and definitions, and §7.81, relating to safety regulations
adopted, without changes to the versions published in the April 5, 2002, issue
of the
Texas Register
(27 TexReg 2668). The
amendments adopt by reference some recent amendments issued by the United
States Department of Transportation (USDOT) in 49 Code of Federal Regulations
(CFR) Part 195 concerning controlling corrosion on hazardous liquid and carbon
dioxide pipelines; pipeline integrity management in high consequence areas
(repair criteria); hazardous liquids accident reporting; and pipeline integrity
management in high consequence areas (hazardous liquid operators with less
than 500 miles of pipeline).
The date stated in §7.70 and §7.81 is changed to the new date
of March 21, 2002, the date on which the Commission adopts by reference the
federal regulations in 49 CFR Part 195.
USDOT's Amendment No. 195-73, published at 66 Federal Register (FR) 66994,
changed some of the corrosion control standards for hazardous liquid and carbon
dioxide pipelines. The changes were based on a review of the adequacy of the
prior standards compared to similar standards for gas pipelines and acceptable
safety practices. The changes were intended to improve the clarity and effectiveness
of the standards and to reduce the potential for pipeline accidents due to
corrosion.
USDOT's Amendment No. 195-75, published at 67 FR 831, changed the reporting
requirements for hazardous liquid pipeline accidents. The rule lowered the
release reporting threshold from 50 barrels to a new threshold of five gallons,
and changed the accident report form. The changes were necessary because the
previous reporting threshold and report form did not yield sufficient information
for effective safety analysis. The final rule also changed the "bodily harm"
criteria for accident reporting to conform to the gas pipeline reporting requirements.
This change was necessary to harmonize reporting by hazardous liquid and gas
pipeline operators. This amendment was corrected at 67 FR 6436; the effective
date was inadvertently published as January 1, 2002, and the correct date
should have been published as February 7, 2002.
Amendment No. 195-74, published at 67 FR 1650, finalized repair provisions
for hazardous liquid pipelines. These provisions were initially proposed in
a previous rulemaking action which addressed requirements for pipeline integrity
management programs in high consequence areas for operators owning or operating
500 or more miles of hazardous liquid or carbon dioxide pipeline (Integrity
Management rule). In the Integrity Management rule, USDOT requested comment
on the repair and mitigation provisions, because the provisions were substantially
modified from those originally proposed in the notice of proposed rulemaking.
The final rule also made several nonsubstantive corrections and clarifications
to other provisions of the Integrity Management rule.
Amendment No. 195-76, published at 67 FR 2136, covered the transportation
of hazardous liquids by pipeline and required operators with 500 or more miles
of regulated pipelines to establish a program for managing the integrity of
pipelines that affect high consequence areas. The regulations require continual
assessment and evaluation of pipeline integrity through inspection or testing,
data integration and analysis, and follow- up remedial, preventive, and mitigative
actions. The final rule in Amendment No. 195-76 extended those regulations
to operators with less than 500 miles of regulated pipelines. USDOT took this
action because safety recommendations, statutory mandates, and accident analyses
indicated that coordinated risk control measures were needed for public safety
and environmental protection in addition to compliance with traditional safety
standards. According to USDOT, broadening the coverage of the existing regulations
will further enhance the protection of high consequence areas against the
risk of pipeline failures.
The Commission received no comments on the proposal.
The amendments are adopted under Texas Utilities Code §121.201,
which authorizes the Commission to adopt rules and safety standards for the
transportation of gas and for gas pipeline facilities, and under the Texas
Natural Resources Code, §117.001, which authorizes the Commission to
regulate the pipeline transportation of hazardous liquids and carbon dioxide
and facilities related thereto under, and to take any other requisite action
in accordance with, the Pipeline Safety Act, 49 United States Code §60101.
Texas Utilities Code §121.201 and Texas Natural Resources Code §117.001
are affected by the adopted amendments.
Issued in Austin, Texas, on May 9, 2002.
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 May 9, 2002.
TRD-200202867
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Effective date: May 29, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 475-1295
Chapter 68.
ARCHITECTURAL BARRIERS
16 TAC §68.80
The Texas Department of Licensing and Regulation (the Department)
adopts amendments to §68.80, concerning Architectural Barriers program
fees. Section 68.80 is adopted with changes to the proposed text as published
in the March 22, 2002, issue of the
Texas Register
(27 TexReg 2174). Said rule amendments are adopted to be effective
immediately, i.e. on May 7, 2002, pursuant to Texas Government Code §2001.036,
which provides for the expedited adoption of administrative rules when necessary
due to an imminent peril to the public health, safety, or welfare.
The Department finds that an imminent peril to the public welfare does
exist, and does necessitate the expedited adoption of these rule amendments.
If these rule amendments are not adopted with immediate effect, the Department
will be unable to collect fees associated with the Architectural Barriers
program, because its current fee rules, adopted on an emergency basis, will
expire on May 6, 2002. The Department finds that an inability to collect fees
would have a negative impact on the public welfare, due to the current economic
conditions and the projected revenue shortfalls for the State of Texas. Second,
the Department finds that the public welfare would suffer due to the Department's
inability to fulfill its statutory obligation of collecting fees to cover
its costs, as stated in the Appropriations Act, Senate Bill 1, enacted by
the 77th Texas Legislature in 2001. Third, the Department finds that if it
is unable to collect fees, it will be unable to effectively implement the
provisions of Senate Bill 484, enacted by the 77th Texas Legislature.
The Department drafted and distributed the proposed rule amendments to
persons internal and external to the agency. The proposed rule amendments
were presented to the members of the Architectural Barriers Advisory Committee
at a meeting held on March 1, 2002, and the members were encouraged to submit
written comments. The Department has received written comments for and against
the proposed rule amendments, from the Advisory Committee members and otherwise.
Comments were received from five members of the Architectural Barriers
Advisory Committee, indicating their agreement with the proposed rule amendment
establishing fees for registration, renewal, examination, and other fees associated
with the Registered Accessibility Specialists (RAS). The Department agrees
with these comments. The amendments were necessary to implement Senate Bill
484 which was enacted by the 77th Legislature.
Comments were received from five members of the Architectural Barriers
Advisory Committee, indicating their agreement with the proposed deletion
of the range of Late Submittal Fees, and their replacement with a flat Late
Filing Fee of $200. While the Department agrees with these comments, the Department
is withdrawing this proposed rule change for further study. The Department
has determined that such a change, at this time, would result in fiscal and
procedural difficulties. The proposed change may be addressed in future rule
amendments.
Comments were received from three members of the Architectural Barriers
Advisory Committee, indicating their agreement with the proposed deletion
of the Variance Appeal Fee. While the Department agrees with these comments,
the Department is withdrawing this proposed rule change for further study.
The Department has determined that such a change, at this time, would result
in fiscal and procedural difficulties. The proposed change may be addressed
in future rule amendments.
Comments were received from two members of the Architectural Barriers Advisory
Committee, indicating their disagreement with the proposed deletion of the
Variance Appeal Fee for various reasons including the cost recovery for the
Department and potential abuse of the appeal process. While the Department
may disagree with these comments to some extent, the Department is withdrawing
this proposed rule change for further study. The Department has determined
that such a change, at this time, would result in fiscal and procedural difficulties.
The proposed change may be addressed in future rule amendments.
The Department received one comment from a Registered Accessibility Specialist
that suggested changes to §68.80(c). The Department has not proposed
changes to §68.80(c), and therefore, the comment is not appropriate for
consideration at this time. The issue raised may be addressed in future rule
amendments.
The amendments should help the Department increase the level of accessibility
in new and renovated buildings and facilities in the state. It will also assist
with ensuring a fair and competitive business environment for the regulated
industry. In addition to cleanup of rules, the amendments are necessary to
implement Senate Bill 484 which was enacted by the 77th Legislature and required
rules to be adopted by January 1, 2002. The amendments to §68.80 were
previously adopted on an emergency basis and published in the November 23,
2001 issue of the
Texas Register
(26 TexReg
9475).
The amendments to §68.80 establish application fees for a Certificate
of Registration as a Registered Accessibility Specialist (RAS) at $200 for
a single endorsement and $300 for a dual endorsement; renewal fees for registration
at $150 for a single endorsement and $250 for a dual endorsement; a $100 fee
for the RAS examination; a $25 fee for RAS certificate or wallet card replacements,
and a $25 fee for registration or endorsement revisions. The Texas Accessibility
Academy Fee is maintained at $150.
The proposal to delete the Variance Appeal Fee, as shown in the proposed
text published on March 22, 2002, is being withdrawn for further study. In
the rules adopted herein, the Variance Appeal Fee is maintained at $200. The
proposal to delete the range of Late Submittal Fees and replace them with
a flat Late Filing Fee of $200, as shown in the proposed text published on
March 22, 2002, is being withdrawn for further study. In the rules adopted
herein, the Late Submittal Fees will be maintained as a range of fees from
$350 to $2,200, with the applicable fee for each project to be determined
with reference to the estimated construction cost.
The amendments are adopted under Texas Civil Statutes, Article
9102, and Texas Occupations Code, §51.203, which authorize the Department
to adopt rules as necessary to implement the Architectural Barriers program
and other programs; and Texas Government Code §2001.036, which provides
for the expedited adoption of administrative rules when necessary due to an
imminent peril to the public welfare.
The statutory provisions affected by the adoption are those set forth in
Texas Civil Statutes, Article 9102 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
§68.80.Fees.
(a)
Plan review and inspection fees collected by the department
shall be determined by the estimated project cost, not including site acquisition,
furnishings, or equipment, and assessed according to the fee schedule. In
instances involving multiple facilities with identical drawings, but site
adapted, and designed by the same individual or firm and bid as one package,
the plan review fee shall be based on the total construction cost. However,
separate inspection fees shall be required. The plan review fee and project
filing fee must accompany the registration form and be submitted with the
construction documents. The inspection fee and inspection filing fee must
be paid and the department notified of point of contact within 30 days of
completion of construction.
(b)
Fee Schedule:
Figure: 16 TAC §68.80(b)
(c)
When the estimated construction cost is less than $50,000
and a review, inspection or both are requested, a $200 plan review fee and
a $200 inspection fee shall be paid.
(d)
All fees must be paid prior to service being performed.
All fees are non-refundable.
(e)
When a project is registered with the department after
completion of a subject project, the Late Submittal Fee shall apply in lieu
of the review fee required by subsection (b) of this section.
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 May 6, 2002.
TRD-200202800
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: May 7, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 463-7348
Chapter 103.
GENERAL RULES
16 TAC §103.14
The Texas Motor Vehicle Board adopts amendments to §103.14,
concerning the procedures for manufacturers to establish or transfer ownership
of franchised dealerships in Texas, without changes to the text, as published
in the February 8, 2002, issue of the
Texas Register
(27 TexReg 853). The text will not be republished.
The amendments to §103.14 clarify that a manufacturer or distributor
who possesses an interest or controls a dealership under Texas Motor Vehicle
Commission Code §5.02C(d) (article 4413(36), Texas Revised Civil Statutes)
may sell that dealership to a party or entity that the manufacturer or distributor
controls, as long as that party or entity qualifies under 16 TAC §103.14(h)
as a dealer development candidate. This amendment is necessary to eliminate
confusion over whether manufacturers and distributors may purchase dealerships
and sell them to third parties or entities through dealer development programs,
which usually utilize joint ownership between the candidate and the manufacturer/distributor
for some limited period of time. Such clarification is also necessary to expand
the number of candidates eligible to purchase such dealerships.
General changes to the rule language in this section involve amending references
in the current rule to §5.02(C) of the Texas Motor Vehicle Commission
Code. In the most recent legislative session, a new subsection (e) was added
to §5.02C. Therefore, the existing subsection numbers were adjusted to
reflect this change.
No written comments were received from anyone regarding the proposal. Additionally,
there were no oral comments provided on the proposal at the Board's public
hearing regarding the proposed amendments held at its April 25, 2002 meeting.
The Board is authorized to adopt the proposed amendments to 16
TAC §103.14 under §3.06 of the Texas Motor Vehicle Commission Code,
article 4413(36) and (36a), Texas Revised Civil Statutes, which provides the
Board with the authority to adopt rules necessary and convenient to effectuate
the provisions of the Code and to govern practice and procedure before the
agency.
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 May 9, 2002.
TRD-200202864
Brett Bray
Director
Texas Motor Vehicle Board
Effective date: May 29, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 416-4899
16 TAC §§107.6 - 107.8, 107.10
The Texas Motor Vehicle Board adopts amendments to §§107.6
- 107.8, and 107.10, Warranty Performance Obligations, as published in the
March 1, 2002, issue of the
Texas Register
(27 TexReg 1423). Section 107.8 is adopted with changes. Sections 107.6, 107.7
and 107.10 are adopted without changes to the proposed text and will not be
republished.
The amendments clarify the procedure for filing motions for rehearing related
to contested case hearings conducted under §6.07 or §3.08 of the
Texas Motor Vehicle Commission Code (Vernon's Texas Civil Statutes, Article
4413(36) and (36a)). The amendments also increase the useful life of motorized
vehicles, thereby decreasing the reasonable allowance for use, and eliminate
the 10% minimum reasonable allowance for use for non-motorized or towable
recreational vehicles. Additionally the amendments delegate to the director
authority to hear motions to suspend enforcement of final orders for complaints
in which the director decided the motions for rehearing. There are also two
minor, non-substantive, wording changes clarifying a sentence and correcting
an outdated reference.
Changes specific to each section:
The amendment to §107.6 clarifies the wording to make it clear that
complaints satisfying either §3.08 or §6.07 will be set for hearing,
to include notification of the date, time, and place of the hearing.
The amendments to §107.7(5) and (7) direct all motions for rehearing
involving a complaint to the same decision authority to avoid conflicting
orders by different authorities.
The amendments to §107.8(4) increase the expected useful life of motorized
vehicles to 120,000 miles to reflect the improvements in vehicle quality since
the 100,000 mile standard was adopted in 1988. Additionally, the changes simplify
the proof requirements for vehicles having a useful life other than 120,000
miles.
The amendment to §107.8(5) simplifies the proof requirements for non-motorized
or towable recreational vehicles having a useful life other than 120 months
and deletes the 10% minimum reasonable allowance for use in the interest of
fairness to the consumer.
The addition of paragraph §107.8(5)(C) makes a change in the calculation
of the reasonable allowance for use for non-motorized or towable recreational
vehicles by eliminating the time the vehicle is out of service for repair
because the vehicle is unavailable for the complainant's use. The Board agreed
with the suggestion that only those days (as opposed to the number of months)
that the vehicle is actually out of service for repair be deducted from the
reasonable allowance for use calculation. The Board also agreed with the suggestion
that the expected useful life of a vehicle be stated in days (as opposed to
months) throughout §107.8(5).
The addition of §107.10(7) directs all motions filed subsequent to
a decision on a motion for rehearing, including motions to suspend the enforcement
of final orders for complaints, to the same authority that decided the motion
for rehearing.
The rules will allow the public to have a clearer understanding of the
process required to secure a review of decisions made by the Motor Vehicle
Board on complaints related to motor vehicle warranty performance obligations.
The public will also benefit by recovering a greater percentage of the purchase
price of motorized and non-motorized vehicles or towable recreational vehicles
due to the increase in the useful life of motorized vehicles and the elimination
of the 10% minimum reasonable allowance for use of non-motorized vehicles
or towable recreational vehicles.
Written comments were received from the Recreation Vehicle Industry Association
(RVIA). RVIA suggested that only those days (as opposed to months) that the
vehicle is actually out of service for repair be deducted from the reasonable
allowance for use calculation in §107.8(5)(C) and that the expected useful
life be stated in days (as opposed to months) throughout §107.8(5).
The amendments are adopted under the Texas Motor Vehicle Commission
Code, §3.06 which provides that the Motor Vehicle Board with the authority
to adopt rules as necessary and convenient to effectuate the provisions of
the Act and to govern practice and procedure before the agency.
Texas Motor Vehicle Commission Code §3.08 and §6.07 are affected
by the adopted amendments.
§107.8.Decisions.
Unless otherwise indicated, this section applies to decisions made
pursuant to Texas Motor Vehicle Commission Code §6.07. Decisions shall
give effect to the presumptions provided in the Texas Motor Vehicle Commission
Code, §6.07(d), where applicable.
(1)
If it is found that the manufacturer, distributor, or converter
is not able to conform the vehicle to an applicable express warranty by repairing
or correcting a defect in the complainant's vehicle which creates a serious
safety hazard or substantially impairs the use or market value of the vehicle
after a reasonable number of attempts, and that the affirmative defenses provided
under the Texas Motor Vehicle Commission Code, §6.07(c), are not applicable,
the Board shall order the manufacturer, distributor, or converter to replace
the vehicle with a comparable vehicle, or accept the return of the vehicle
from the owner and refund to the owner the full purchase price of the vehicle,
less a reasonable allowance for the owner's use of the vehicle.
(2)
In any decision in favor of the complainant, the Board
will accommodate the complainant's request with respect to replacement or
repurchase of the vehicle, to the extent possible.
(3)
Where a refund of the purchase price of a vehicle is ordered,
the purchase price shall be the amount of the total purchase price of the
vehicle, but shall not include the amount of any interest or finance charge
or insurance premiums. The award to the vehicle owner shall include reimbursement
for the amount of the lemon law complaint filing fee paid by or on behalf
of the vehicle owner. The refund shall be made payable to the vehicle owner
and the lienholder, if any, as their interests require.
(4)
There is a rebuttable presumption that a motor vehicle
has a useful life of 120,000 miles. Except in cases where the preponderance
of the evidence shows that the vehicle has a longer or shorter expected useful
life than 120,000 miles, the reasonable allowance for the owner's use of the
vehicle shall be that amount obtained by adding subparagraphs (A) and (B)
of this paragraph.
(A)
the product obtained by multiplying the purchase price
of the vehicle, as defined in paragraph (3) of this section, by a fraction
having as its denominator 120,000 and having as its numerator the number of
miles that the vehicle traveled from the time of delivery to the owner to
the first report of the defect or condition forming the basis of the repurchase
order; and
(B)
50% of the product obtained by multiplying the purchase
price by a fraction having as its denominator 120,000 and having as its numerator
the number of miles that the vehicle traveled after the first report of the
defect or condition forming the basis of the repurchase order. The number
of miles during the period covered in this paragraph shall be determined from
the date of the first report of the defect or condition forming the basis
of the repurchase order through the date of the Board hearing.
(5)
There is a rebuttable presumption that the useful life
of a towable recreational vehicle is 3,650 days (10 years). Except in cases
where preponderance of the evidence shows that the vehicle has a longer or
shorter expected useful life than 3,650 days (10 years), the reasonable allowance
for the owner's use of the towable recreational vehicle shall be that amount
obtained by adding subparagraphs (A) and (B) of this paragraph.
(A)
The product obtained by multiplying the purchase price
of the towable recreational vehicle, as defined in paragraph (3) of this section,
by a fraction having as its denominator 3,650 days (10 years), except the
denominator shall be 1,825 days (5 years), if the towable recreational vehicle
is occupied on a full time basis, and having as its numerator the number of
days from the time of delivery to the owner to the first report of the defect
or condition forming the basis of the repurchase order.
(B)
50% of the product obtained by multiplying the purchase
price by a fraction having as its denominator 3,650 days (10 years), except
the denominator shall be 1,825 days (5 years), if the towable recreational
vehicle is occupied on a full time basis, and having as its numerator the
number of days of ownership after the first report of the defect or condition
forming the basis of the repurchase order. The number of days during the period
covered in this paragraph shall be determined from the date of the first report
of the defect or condition forming the basis of the repurchase order through
the date of the Board hearing.
(C)
Any day or part of a day that the vehicle is out of service
for repair will be deducted from the numerator in determining the reasonable
allowance for use of a towable recreational vehicle in this subsection.
(6)
Except in cases involving unusual and extenuating circumstances,
supported by a preponderance of the evidence, where refund of the purchase
price of a leased vehicle is ordered, the purchase price shall be allocated
and paid to the lessee and the lessor, respectively as follows.
(A)
The lessee shall receive the total of:
(i)
all lease payments previously paid by him to the lessor
under the terms of the lease; and
(ii)
all sums previously paid by him to the lessor in connection
with the entering into the lease agreement, including, but not limited to,
any capitalized cost reduction, down payment, trade-in, or similar cost, plus
sales tax, license and registration fees, and other documentary fees, if applicable.
(B)
The lessor shall receive the total of:
(i)
the actual price paid by the lessor for the vehicle, including
tax, title, license, and documentary fees, if paid by lessor, and as evidenced
in a bill of sale, bank draft demand, tax collector's receipt, or similar
instrument; plus
(ii)
an additional 5.0% of such purchase price plus any amount
or fee, if any, paid by lessor to secure the lease or interest in the lease;
(iii)
provided, however, that a credit, reflecting all of the
payments made by the lessee, shall be deducted from the actual purchase price
which the manufacturer, converter, or distributor is required to pay the lessor,
as specified in clauses (i) and (ii) of this subparagraph.
(C)
When the Board orders a manufacturer, converter, or distributor
to refund the purchase price in a lease vehicle transaction, the vehicle shall
be returned to the manufacturer, converter or distributor with clear title
upon payment of the sums indicated in subparagraphs (A) and (B) of this paragraph.
The lessor shall transfer title of the vehicle to the manufacturer, converter,
or distributor, as necessary in order to effectuate the lessee's rights under
this rule. In addition, the lease shall be terminated without any penalty
to the lessee.
(D)
Refunds shall be made to the lessee, lessor, and any lienholders
as their interest may appear. The refund to the lessee under subparagraph
(A) of this paragraph shall be reduced by a reasonable allowance for the lessee's
use of the vehicle. A reasonable allowance for use shall be computed according
to the formula in paragraph (4) or (5) of this section, using the amount in
subparagraph (B)(i) of this paragraph as the applicable purchase price.
(7)
In any award in favor of a complainant, the director may
require the dealer involved to reimburse the complainant, manufacturer, converter,
or distributor, for the cost of any items of options added to the vehicle
but only to the extent that one or more of such items or options contributed
to the defect that served as the basis for the order or repurchase or replacement.
In no event shall this paragraph be interpreted to mean that a manufacturer,
converter, or distributor, will be required to repurchase a vehicle due to
a defect or condition that was solely caused by a dealer add-on item or option.
(8)
If it is found by the Board that a complainant's vehicle
does not qualify for replacement or repurchase, then the Board shall enter
an order dismissing the complaint insofar as relief under the Texas Motor
Vehicle Commission Code §6.07(c) is concerned. However, the Board may
enter an order in any proceeding, where appropriate, requiring repair work
to be performed or other action taken to obtain compliance with the manufacturer's,
converter's, or distributor's, warranty obligations.
(9)
If the vehicle is substantially damaged or there is an
adverse change in its condition, beyond ordinary wear and tear, from the date
of the hearing to the date of repurchase, and the parties are unable to agree
on an amount of an allowance for such damage or condition, either party shall
have the right to request reconsideration by the Board of the repurchase price
contained in the final order.
(10)
The Board will issue a written order in each Texas Motor
Vehicle Commission Code §3.08(i) or §6.07 case in which a hearing
is held and a copy of the order will be sent to all parties.
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 May 6, 2002.
TRD-200202795
Brett Bray
Director
Texas Motor Vehicle Board
Effective date: May 26, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 416-4899
Chapter 307.
PROCEEDINGS BEFORE THE COMMISSION
Subchapter A. GENERAL PROVISIONS
16 TAC §307.7
The Texas Racing Commission adopts an amendment to §307.7,
relating to ejection and exclusion, without changes to the proposed text as
published in the March 8, 2002, issue of the
Texas
Register
(27 TexReg 1626) and will not be republished.
The amendment establishes a deadline to request a hearing to contest an
ejection or exclusion. The 20-day period was selected to be consistent with
the administrative penalty provision in the Texas Racing Act. The amendment
is necessary because the absence of a deadline required an interpretation
of a "reasonable" period to request a hearing. With this deadline, the procedure
to request a hearing will be finite.
No comments were received regarding 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 Government
Code, §2001.004, which requires the Commission to adopt rules of practice
stating the nature and requirements of all available formal and informal 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 May 9, 2002.
TRD-200202891
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: June 1, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 833-6699
Subchapter D. GREYHOUND RACETRACKS
1.
FACILITIES AND EQUIPMENT
16 TAC §309.313
The Texas Racing Commission adopts an amendment to §309.313,
relating to kennel buildings, without changes to the proposed text as published
in the March 8, 2002, issue of the
Texas Register
(27 TexReg 1627) and will not be republished.
The amendment lifts the maximum number of greyhounds permitted in a kennel
building and, instead, leaves it to the discretion of the executive secretary
to determine the appropriate number. The executive secretary would then make
such a determination based on the input of commission veterinarians with regard
to the health and safety of the greyhounds.
No comments were received regarding 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 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 May 9, 2002.
TRD-200202892
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: June 1, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 833-6699
16 TAC §309.351
The Texas Racing Commission adopts an amendment to §309.351,
related to kennel contracts, without changes to the proposed text as published
in the March 8, 2002, issue of the
Texas Register
(27 TexReg 1628) and will not be republished.
This amendment establishes a deadline for associations to file their executed
kennel contracts with the Commission.
Valley Race Park commented that the deadline will not fit its race schedule.
The Commission's staff agreed that its suggested change will be incorporated
in a future 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 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 May 9, 2002.
TRD-200202893
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: June 1, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 833-6699
Subchapter D. DRUG TESTING
1.
GENERAL PROVISIONS
16 TAC §319.301
The Texas Racing Commission adopts an amendment to §319.301,
related to drug testing of animals, without changes to the proposed text as
published in the March 8, 2002, issue of the
Texas
Register
(27 TexReg 1628) and will not be republished.
The amendment explicitly states that there is no entitlement to a purse
from a race until drug testing on the race animals has been completed and
the executive secretary has cleared the race for payment. This amendment is
necessary because although it was clearly set forth in horse racing, there
was only an implication in greyhound racing. This amendment makes it clear
that a negative test result is a pre-condition to the awarding of purses for
both species.
No comments were received regarding 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 §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 May 9, 2002.
TRD-200202894
Judith L. Kennison
General Counsel
Texas Racing Commission
Effective date: June 1, 2002
Proposal publication date: March 8, 2002
For further information, please call: (512) 833-6699
Subchapter C. CRIMINAL ENFORCEMENT
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Part 6.
TEXAS MOTOR VEHICLE BOARD
Chapter 107.
WARRANTY PERFORMANCE OBLIGATIONS
Part 8.
TEXAS RACING COMMISSION
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
2.
OPERATIONS
Chapter 319.
VETERINARY PRACTICES AND DRUG TESTING
Chapter 323.
DISCIPLINARY ACTION AND ENFORCEMENT