Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
16 TAC §3.1
The Railroad Commission of Texas (Commission) adopts amendments
to §3.1, relating to Organization Report; Retention of Records; Notice
Requirements, also known as Statewide Rule 1, without changes to the version
published in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9194).
The Commission adopts the amendments to §3.1 to implement House Bill
(HB) 2021, 78th Legislature (2003), Regular Session, which became effective
September 1, 2003. HB 2021 amends Texas Natural Resources Code, §91.142,
by adding a new subsection (h), which requires an entity required to file
a P-5 Organization Report or an affiliate of such an entity performing operations
within the jurisdiction of the Commission that files for federal bankruptcy
protection to give written notice to the Commission of the bankruptcy action
by submitting the notice to the Commission's Office of General Counsel not
later than the 30th day after the date of filing. The rule already required
regulated entities to notify the Commission's Office of General Counsel of
bankruptcy filings. HB 2021 expands the scope of that requirement to encompass
affiliates of those entities and would make the rule-mandated notice requirement
an express statutory requirement. The expected result is that operators or
their attorneys will provide more timely notice to the Commission, which should
allow the Commission to better protect the Oil Field Cleanup Fund in bankruptcy
proceedings.
The Commission has added, in subsection (e), a definition of "affiliate"
for the purpose of the section. The Commission defines "affiliate" as "an
organization that is effectively controlled by another."
The Commission also adopts the review of §3.1 pursuant to Texas Government
Code, §2001.039, as proposed in the August 8, 2003, issue of the
The Commission received two comments on the proposed amendments, one from
an association, the Texas Pipeline Association (TPA), which represents nineteen
member pipeline companies. TPA stated that it is common for pipeline companies
to have two or more owners with a controlling entity. Typically, this business
entity is a joint venture or partnership and it is that entity which holds
the P-5 organization report. TPA is concerned that the proposed definition
of "affiliate" may make the noncontrolling members of the joint venture or
partnership "affiliates," and thereby create new duties for those parties.
Further, TPA suggests that there does not appear to be any real necessity
to have a rule defining "affiliate" because all entities over which the Commission
has jurisdiction have the reporting obligation imposed by Texas Natural Resources
Code, §91.142(h). If the Commission decides to define "affiliate," TPA
suggests the following definition:
For purposes of this section, "affiliate" means
an entity, organized under the laws of the United States of America, which
effectively owns or controls, or is owned or controlled by, the organization
that is required to file an organization report under subsection (a) of this
section. For purposes of this definition, "control" when used with respect
to any specified entity, means an ownership of 50% or greater.
TPA's concern is that the proposed "affiliate" definition might be misapplied
in another context at some future time by another body and create obligations
for members of a joint venture or partnership. TPA suggests as other alternative
definition that the Commission's proposed definition expressly exclude these
parties by adding the following language to the definition: "...but does not
apply to organizations which are not related other than through joint ownership
of an entity subject to the Commission's jurisdiction."
The Commission disagrees with TPA's comment and suggestion. It is manifest
from the proposal that the definition is to be used only for this section
and for no other purpose. A speculative misapplication of the definition does
not warrant altering the definition as proposed. It is noteworthy that the
definition is operative only in the situation in which an entity that does
not have an active organization report is permitted to implement a compliance
schedule or otherwise to undertake remedial work to correct violations of
Commission rules. The Commission needs to be informed in the event such an
entity files for federal bankruptcy protection. To allay the concern expressed
by TPA, the Commission recites in this preamble its position that the subject
definition does not apply to organizations that are not related other than
through joint ownership of an entity subject to the Commission's jurisdiction.
The second comment, from TXU Gas Company (TXU Gas) and TXU Fuel Company
(TXU Fuel) jointly, stated that these companies would support the alternative
"affiliate" definition urged by TPA if the Commission decides to revise the
proposed definition. Further, the companies recommend deletion of the second
sentence of §3.1(e) because it is redundant; the requirement for the
notice of bankruptcy to be in writing is already stated in the first sentence
of the subsection.
The Commission disagrees with the comment from TXU Gas and TXU Fuel. The
alternative definition is not warranted for the reasons stated in response
to TPA's comment. The second sentence is not redundant. It serves as instruction
to bankrupts of the proper addressee for all bankruptcy notices directed to
the Commission.
The Commission adopts the amendments to §3.1 to implement
House Bill (HB) 2021, 78th Legislature (2003), Regular Session, which amends
Texas Natural Resources Code, §91.142; and pursuant to Texas Natural
Resources Code, §§81.051 and 81.052, which provide the Commission
with jurisdiction over all persons owning or engaged in drilling or operating
oil or gas wells and persons owning or operating pipelines in Texas and the
authority to adopt all necessary rules for governing and regulating persons
and their operations under Commission jurisdiction; Texas Natural Resources
Code, §§85.042, 85.202, 86.041, and 86.042, which require the Commission
to adopt rules to control waste of oil and gas; Texas Natural Resources Code, §91.101,
which authorizes the Commission to adopt rules to prevent pollution of surface
or subsurface water from oil and gas operations; and Texas Natural Resources
Code, §91.142, which authorizes the Commission to request information
from organizations performing business under the jurisdiction of the Commission.
Statutory authority: Texas Natural Resources Code, §§81.051,
81.052, 85.042, 85.202, 86.041, 86.042, 91.101, and 91.142.
Cross-reference to statute: Texas Natural Resources Code, §§81.051,
81.052, 85.042, 85.202, 86.041, 86.042, 91.101, and 91.142.
Issued in Austin, Texas, on December 22, 2003.
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 December 22, 2003.
TRD-200308860
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 11, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-8824
Subchapter C. RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX
16 TAC §7.310
The Railroad Commission of Texas adopts amendments to §7.310,
relating to System of Accounts, which applies to gas utilities, with changes
to the proposed version published in the October 10, 2003, issue of the
The only change to §7.310, as adopted, is the elimination of references
to specific subdivisions of §7.115, relating to Definitions. Removing
the references to specific subdivision designations for the definitions of
specific terms will mean that future amendments to §7.115 will not require
amendments to this rule.
As adopted, subsection (a) requires gas utilities and related operations
to use the FERC USOA. However, this requirement does not apply to gas-gathering
utilities, as defined in §7.115 of this title, relating to Definitions.
Under subsection (b), a gas utility is permitted to use a different system
of account numbers than those prescribed by the FERC USOA if the utility maintains
a readily available cross-reference between its account numbers and the prescribed
FERC account numbers. The contents of each account, however, must conform
to the account definitions set forth in the USOA.
Subsection (c) addresses the transition from the NARUC USOA to the FERC
USOA. This subsection requires a utility currently using the NARUC system
to maintain a cross-reference system between the NARUC and FERC systems for
calendar year 2003 reporting purposes. Further, subsection (c) requires each
utility covered under this provision to transition to the FERC system by January
1, 2004, or request an extension as provided by subsection (c).
The NARUC USOA is outdated; it has not been updated since 1976. Continued
maintenance of the NARUC USOA for gas utilities would involve extensive use
of resources. The FERC has developed and maintains a System of Accounts for
interstate gas pipelines that could be used for Texas intrastate pipelines
and local gas distribution companies. By way of comparison, the NARUC System
of Accounts is outdated in that it lacks the level of detail found in the
FERC USOA regarding accounts and sub-accounts for the reporting of natural
gas storage activities, a reporting standard that has been followed widely
by gas utilities under the FERC USOA. To comply with the NARUC reporting standards,
large gas utilities generally must maintain a set of books and input data
into a separate computer program, neither of which tracks the additional information
required under the FERC accounts. Thus, a gas utility must devote resources
not only to the separately administered NARUC accounts, but also to the management
of the reporting variations between the NARUC and FERC accounting systems.
It follows that the costs of maintaining the outdated NARUC system are difficult
to justify in an industry whose primary market participants follow the up-to-date,
more comprehensive FERC reporting system. Further, adoption of the FERC system
will also enable the Commission's auditors to conduct more efficient audits
of gas utilities' rates, records and billing systems. The transition away
from the NARUC system will eliminate the labor associated with analyzing a
multi-jurisdictional (gas) utility's separately maintained NARUC data and
reconciling it with the utility's FERC data. This should likewise eliminate
some of the potential for human error involved in the conversion process between
NARUC and FERC.
The Commission expects that the amendments will reduce costs for regulated
gas utilities, because the labor, materials, and expenses incurred by utilities
to comply with the outdated NARUC system will be eliminated. Further, improved
reporting efficiency and better accounting will result from the institution
of the FERC system, which allows utilities to report using a single, current,
comprehensive set of data. Multi-jurisdictional utilities currently reporting
under FERC standards outside of Texas and under NARUC standards in Texas will
see reduced costs and better accounting, as the reconciliation of the FERC
and NARUC accounts will no longer be necessary.
Additionally, to maintain consistent accounting between the states, the
transition to the FERC USOA is necessary. Consistent accounting between the
states is important because utility mergers have created an increase in multi-state
gas utilities. Several gas utilities operating in Texas have utility operations
in other states that require them to report under the FERC System of Accounts.
The Commission is not aware of any gas utility having operations in Texas
that operates in another state that requires reporting under the NARUC System
of Accounts. Because Texas is one of the few remaining states that still requires
gas utilities to report under the NARUC System of Accounts, these multi-jurisdictional
gas utilities must bear and have borne the increased expense associated with
reporting under both NARUC and FERC accounting systems. Accordingly, the transition
to the FERC USOA in Texas will result in lower administrative and accounting
costs for multi-jurisdictional utilities.
Having gas utilities report to the Commission on a uniform basis is vital
to the Commission fulfilling its obligations as a regulator. The Texas Utilities
Code recognizes this, as evidenced in §102.003, which authorizes the
Commission to require a gas utility to report information relating to the
gas utility and to establish the form for a report, and §102.101, under
which each gas utility must keep and provide to the regulatory authority,
in the manner and form prescribed by the Commission, uniform accounts of all
business transacted by the gas utility, and which authorizes the Commission
to prescribe the form of books, accounts, and records to be kept by a gas
utility.
The Commission received one comment on the proposed amendments, not from
a group or association. TXU Gas Company ("TXU Gas"), formerly known as TXU
Gas Distribution and TXU Lone Star Pipeline, divisions of TXU Gas Company,
and TXU Fuel Company ("TXU Fuel"), collectively referred to as "TXU," jointly
filed comments in support of the proposed amendments to §7.310, with
one recommended addition.
The comment noted that, as gas utilities subject to the Commission's jurisdiction,
TXU Gas and TXU Fuel are required to maintain their books and records in accordance
with the Commission's rules and are directly affected by the proposed amendments
to §7.310.
TXU acknowledged that even though the change from the NARUC Uniform System
of Accounts to the FERC Uniform System of Accounts will require some adjustment
in accounting practices, the Texas gas utility industry is better served through
the use of a system of accounts that is actively maintained by a regulatory
agency than by a system of accounts that has not been updated for many years.
NARUC has not revised its uniform system of accounts since 1976, even though
the gas utility industry has undergone significant changes since that time.
A system of accounts that has been revised to reflect industry changes will
benefit the Commission and gas utilities. For example, the development of
transportation-only pipelines has created a need for accounting for transportation
imbalances and system operation volumes. Both of these are addressed by the
FERC Uniform System of Accounts but not by the NARUC Uniform System of Accounts.
TXU concluded that the Commission's proposed rule should be adopted.
TXU suggested one additional provision for consideration by the Commission.
Because the FERC Uniform System of Accounts is primarily focused on interstate
pipelines, there may be a need for some interpretation of the system of accounts
to address intrastate pipeline and distribution system issues. Because Texas
gas utilities are not subject to FERC jurisdiction, any requests to FERC staff
for these interpretations may not receive timely consideration, if any consideration
at all. Further, the FERC staff who may provide an interpretation, won't necessarily
be familiar with the Texas gas utility industry. Therefore TXU suggested that
the Commission add a new subsection (d) to §7.310 that authorizes the
Commission's Gas Services Division Utility Audit Section staff to provide
interpretations of the FERC Uniform System of Accounts. These interpretations
could be relied upon by Texas gas utilities, but would have no impact on entities
subject to FERC jurisdiction. According to TXU, staff interpretations of the
NARUC Uniform System of Accounts have been available in the past on an informal
basis. In the opinion of TXU, it would be better regulatory practice to expressly
provide for such interpretations in the rule so that the Commission and Texas
gas utilities could have a mechanism for dealing with interpretations.
TXU suggested the following language for the new subsection:
(d) A gas utility may submit any questions concerning
an interpretation of the FERC USOA or the use of a particular account within
the FERC USOA to the Audit Section of the Gas Services Division. A gas utility
may rely upon a written response from the Audit Section of the Gas Services
Division concerning an interpretation of the FERC USOA or the use of a particular
account within the FERC USOA in maintaining its accounting books and records.
Because of the notice requirements in Texas Government Code, §2001.024,
in fairness to other utilities that would not have seen TXU's comment, the
Commission declines to adopt a new subsection that was not part of the proposal.
With respect to the substance of TXU's comment, the Commission notes that
the FERC USOA is an all-inclusive system of accounts. It covers all gas utility
activities from production to burner tip dispositions. At the FERC website
(www.ferc.gov/legal/ferc- regs/acct-matts/usofa-gas.asp) there are links designated
as Accounting Rulemakings, Accounting Guidance, and Accounting Releases, in
addition to the Uniform System of Accounts. The FERC USOA also has General
Instruction No. 5, Submittal of Questions, which states, "To maintain uniformity
of accounting, utilities shall submit questions of doubtful interpretation
to the [Federal Energy Regulatory] Commission for consideration and decision."
If the Commission's Utility Audit Section were to provide interpretations
of the FERC USOA, it could quickly result in possible differences brought
about by various different corporate accounting mandates or preferences among
the distribution and transmission utilities operating in Texas, making comparative
analysis among Texas gas utilities less reliable. This could result in additional
hardship and confusion by utilities that maintain both intrastate and interstate
functions. Under these circumstances, an interpretation by the Commission
audit staff could result in a intrastate utility that is under the corporate
umbrella of an entity subject to FERC jurisdiction maintaining its books and
records in a different manner that the parent company utilizing the same system
of accounts. The Commission agrees with the comment that the Texas gas utility
industry is better served through the use of a system of accounts that is
actively maintained by a regulatory agency that has been revised to reflect
industry changes.
The Commission prefers that Texas gas utilities use FERC's General Instruction
No. 5 for all interpretive issues. The results would then be published by
FERC on one of the above-cited links and all gas utilities would be expected
to comply uniformly. This procedure will benefit Texas gas utilities, in that
they will be able to use an established system for obtaining interpretations
of the FERC system, and to the Commission, in that all Texas gas utilities
will be using the same system and the same interpretations. The Commission
will also be spared the expense of duplicating an existing system for seeking
interpretations of the FERC USOA. Deviating from this system of accounts and
its instructions would in the long run be a disservice to both the industry
and the public interest in which the Commission regulates.
The Commission adopts the amendments under Texas Utilities Code, §101.002,
which states the public interest inherent in the rates and services of gas
utilities and establishes the comprehensive and adequate regulatory system
for gas utilities to assure rates, operations, and services that are just
and reasonable to the consumers and to the utilities; §102.003, which
authorizes the Commission to require a gas utility to report information relating
to the gas utility and to establish the form for a report; §102.101,
under which each gas utility must keep and provide to the regulatory authority,
in the manner and form prescribed by the Commission, uniform accounts of all
business transacted by the gas utility, and which authorizes the Commission
to prescribe the form of books, accounts, and records to be kept by a gas
utility; and §104.001, which vests in the Commission all the authority
and power of this state to ensure compliance with the obligations of gas utilities
Texas Utilities Code, Title 3, Subtitle A.
Statutory authority: Texas Utilities Code, §§101.002, 102.003,
102.101, and 104.001.
Cross-reference to statute: Texas Utilities Code, §§101.002,
102.003, 102.101, and 104.001.
Issued in Austin, Texas, on December 22, 2003.
§7.310.System of Accounts.
(a)
Except as provided in this section, each gas utility, as
defined in §7.115 of this title (relating to Definitions), shall utilize
the Federal Energy Regulatory Commission's (FERC) Uniform System of Accounts
(USOA) prescribed for Natural Gas Companies subject to the Provisions of the
Natural Gas Act (as amended from time to time) (FERC USOA) for all operating
and reporting purposes. Gas-gathering utilities, as defined in §7.115
of this title (relating to Definitions), shall not be required to operate
under the FERC USOA, but shall be required to report under those accounts
for annual report and gas utility tax purposes pursuant to §7.301 of
this title (relating to Annual Report) and §7.351 of this title (relating
to Gas Utility Tax). The FERC Uniform System of Accounts shall be applicable
to all gas utility and gas utility related operations regardless of location,
except those gas-gathering utilities as defined in this chapter.
(b)
As provided in General Instruction 3.C. of the FERC USOA,
a gas utility may use a different system of account numbers than those prescribed
by the FERC USOA if the gas utility maintains a readily available cross-reference
between its account numbers and the prescribed account numbers. The contents
of each account, however, must conform to the account definitions set forth
in the USOA.
(c)
Any utility currently using the NARUC USOA shall maintain
a readily accessible cross-reference system between the NARUC USOA and the
FERC USOA for calendar year 2003 reporting purposes. Every gas utility subject
to this provision shall transition to the FERC Uniform System of Accounts
not later than January 1, 2004. Any gas utility needing additional transition
time may request an extension to the January 1, 2004, date by submitting a
request in writing stating the reasons why an extension is needed and establishing
a date for completion of the transition.
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 December 22, 2003.
TRD-200308861
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 11, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 463-8824
Subchapter A. CONTRACTS AND PURCHASES
16 TAC §20.5
The Railroad Commission of Texas (Commission) adopts amendments
to §20.5, relating to Historically Underutilized Businesses, without
changes to the version published in the November 7, 2003, issue of the
The Commission amends subsection (a)(1), (2), (7), (9), (10), (13), and
(15) to incorporate TBPC's recent amendments to 1 Texas Administrative Code §§111.11,
111.12, 111.17, 111.19, 111.20, 111.23, and 111.25, which were effective May
5, 2003. The Commission also amends subsection (b) to reflect the correct
title of a Commission division.
By changing the date of the TBPC rule which the Commission adopts by reference,
the following changes will become part of the Commission's rules on HUBs:
TBPC's amendments to §111.11, relating to Policy and Purpose, expand
its reference to apply to rule §111.28, relating to Historically Underutilized
Business Program.
TBPC's amendments to §111.12, relating to Definitions, expand the
definition of "subcontractor" and modify the definition of "size standards."
TBPC's amendments to §111.17, relating to Certification Process, include
provisions for recognizing the HUB certification process of local governments
and nonprofit organizations. Specifically, the amendments establish minimum
standards for recognizing such programs and provide that programs will not
be recognized if HUBs are charged participation fees. Last, the amendments
include a provision allowing TBPC to terminate its agreement with a local
government or nonprofit organization if it fails to meet the defined minimum
standards.
TBPC's amendments to §111.19, relating to Recertification, extend
the HUB status from a two-year certification period to a four-year certification
period.
TBPC's amendments to §111.20, relating to Revocation, add provisions
to allow TBPC to revoke the HUB certification of vendors barred from participating
in state contracts in accordance with Texas Government Code, §2155.077.
TBPC's amendments to §111.23, relating to Graduation Procedures, refer
to the North American Industry Classification System Codes instead of the
Standard Industrial Classification codes.
TBPC's amendments to §111.25, relating to Memorandum of Understanding
between the Texas Department of Economic Development and the Texas Building
and Procurement Commission, include replacing the name General Services Commission
with Texas Building and Procurement Commission.
The Commission received no comments on the proposed amendments.
The Commission adopts the amendments under Texas Government Code, §2161.003,
which requires the Commission to adopt the Texas Building and Procurement
Commission's rules under §2161.002 as the agency's own rules, and Texas
Civil Statutes, Article 6447, which authorizes the Commissioners to make all
rules necessary for their government and proceedings.
Statutory authority: Texas Government Code, §2161.003, and Chapters
2155, 2158, 2161, 2162, 2166, 2252, and 2254, and Texas Civil Statutes, Article
6447.
Cross-reference to statute: Texas Government Code, §2161.003, and
Texas Civil Statutes, Article 6447.
Issued in Austin, Texas, on December 22, 2003.
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 December 22, 2003.
TRD-200308862
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 11, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 463-8824
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter Q. SYSTEM BENEFIT FUND
16 TAC §25.453
The Public Utility Commission of Texas (commission) adopts
amendments to §25.453, relating to Targeted Energy Efficiency Programs,
without changes to the proposed text as published in the October 3, 2003,
issue of the
Texas Register
(28 TexReg 8481).
The Legislature did not allocate a portion of the System Benefit Fund for
fiscal years 2004 and 2005 to targeted energy efficiency programs administered
by the Texas Department of Housing and Community Affairs (TDHCA). Therefore,
the amendments terminate TDHCA's responsibilities for developing and maintaining
the low-income energy efficiency plan formerly required by §25.453 and
retains only the reporting requirements for the current fiscal year. The amendments
are adopted under Project Number 28149.
The commission received one written comment on the proposed amendments.
CenterPoint Energy Houston Electric, LLC (CenterPoint Energy) filed the comment
on November 3, 2003.
CenterPoint Energy noted that the proposed amendment requires that the
final report from the TDHCA be filed April 1, 2004. CenterPoint Energy suggested
that TDHCA's deadline be earlier in time--March 1, 2004--to give transmission
and distribution utilities (TDU) an opportunity to incorporate the information
in TDHCA's report into the TDUs' own energy efficiency reports.
Commission response
The commission declines to make the change CenterPoint Energy requested.
Section 25.453(h)(1)(D), as it currently exists, requires TDHCA to file its
final report "no later than April 1, 2003, and annually thereafter." The proposed
amendments to §25.453 provide that the final report shall be due April
1, 2004, acknowledging the fact that, for the past three years, TDHCA's annual
report has been due April 1. While CenterPoint Energy may consider it potentially
advantageous to be apprised of TDHCA's report information before April 1,
2004, for the purposes of demonstrating the TDU's own compliance with other
commission rules, TDHCA and the commission have an established
modus operandi
which calls for submission of TDHCA's annual report
by April 1. CenterPoint Energy and other TDUs have complied with the energy
efficiency reporting requirements for several years without necessarily having
access to TDHCA's final report in advance of the TDUs' own report deadlines.
Adjusting that deadline in the present rulemaking project to provide TDHCA
less time to prepare its report would disrupt the working schedule TDHCA has
developed in reliance on the April 1 deadline currently in effect. Such disruption
to TDHCA's working schedule is unnecessary.
It should be noted that nothing in the rule prevents TDHCA from filing
its final report in advance of the April 1, 2004, deadline. The commission
will notify TDHCA of CenterPoint Energy's request that the final report be
filed before April 1, 2004.
The amendments are adopted under Public Utility Regulatory Act
(PURA), Texas Utilities Code (Vernon 1998, Supplement 2004) §14.002,
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, PURA §39.903, which requires the commission to adopt
rules regarding programs to assist low-income electric customers on the introduction
of customer choice.
Cross References to Statutes: Public Utility Regulatory Act: §14.002
and §39.903.
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 December 22, 2003.
TRD-200308859
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: January 11, 2004
Proposal publication date: October 3, 2003
For further information, please call: (512) 936-7308
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Subchapter A. RACETRACK LICENSES
16 TAC §309.2
The Texas Racing Commission adopts an amendment to §309.2,
relating to the criteria for Class 1 racetrack licenses. The amendment is
adopted without changes to the proposal published in the October 17, 2003,
issue of the
Texas Register
(28 TexReg 9025)
and the amendment will not be republished.
The amendment is adopted to make conforming population criteria changes
as required by the Sunset Commission for all state agencies. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission's rules will be applicable to
the counties as the statute intended, keeping up with the population increases
in those counties.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308752
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.3
The Texas Racing Commission adopts an amendment to §309.3,
relating to the racetrack license application procedure. The amendment is
adopted without changes to the proposal published in the October 17, 2003,
issue of the
Texas Register
(28 TexReg 9026)
and the amendment will not be republished.
The amendment is adopted to establish criteria for the Commission to consider
when deciding to open an application period for a racetrack license. In addition,
the amendment conforms the rule to agency practice regarding the consideration
of applications. The amendment also corrects typographical errors and clarifies
the rule language. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment assures that the standards for the Commission's exercise
of discretion in deciding to open an application for a racetrack license will
be clear.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308753
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.4
The Texas Racing Commission adopts an amendment to §309.4,
relating to the information required for a background investigation for a
racetrack license. The amendment is adopted without changes to the proposal
published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9027) and the amendment will not be republished.
The amendment is adopted to conform the rule to agency practice regarding
the time period for submitting fingerprints to the Texas Department of Public
Safety. The amendment also corrects typographical errors and clarifies the
rule language. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment assures that fingerprint cards received by the Commission
will be forwarded to the Department of Public Safety within 10 days and that
Commission rules will be clearer and more easily understood by any person
required to comply with the rules and will conform to agency practice.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §5.03
which requires an applicant for a license to submit fingerprints.
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 December 19, 2003.
TRD-200308754
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.6
The Texas Racing Commission adopts an amendment to §309.6,
relating to the required security for compliance during a racetrack license
application. The amendment is adopted without changes to the proposal published
in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9028) and the amendment will not be republished.
The amendment is adopted to establish a time frame for requiring a new
racetrack licensee to post security for completing the racetrack facility
in a timely manner. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment clarifies that within 10 days after the Commission's order
issuing a racetrack's license becomes final and unappealable, the licensee
must post security. The amendment assures that the Commission's rules will
be clearer and more easily understood by any entity required to comply.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308769
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.7
The Texas Racing Commission adopts an amendment to §309.7,
relating to the racetrack license application fees. The amendment is adopted
without changes to the proposal published in the October 17, 2003, issue of
the
Texas Register
(28 TexReg 9029) and the
amendment will not be republished.
The amendment is adopted to clarify when racetrack license application
fees are due. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment clarifies the language regarding the racetrack license application
fees.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308768
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.9
The Texas Racing Commission adopts an amendment to §309.9,
relating to the denial, suspension and revocation of racetrack licenses. The
amendment is adopted without changes to the proposal published in the October
17, 2003, issue of the
Texas Register
(28
TexReg 9030) and the amendment will not be republished.
The amendment is adopted to correct typographical errors and conform the
rule language to previous rule changes. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308767
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
1.
GENERAL PROVISIONS
16 TAC §309.102
The Texas Racing Commission adopts an amendment to §309.102,
relating to exemption or deferred compliance by a racetrack licensee. The
amendment is adopted without changes to the proposal published in the October
17, 2003, issue of the
Texas Register
(28
TexReg 9031) and the amendment will not be republished.
The amendment is adopted to clarify that a request by a racetrack licensee
for an exemption or a request for deferred compliance be in writing to the
Commission. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308766
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.116
The Texas Racing Commission adopts an amendment to §309.116,
relating to complaints regarding associations. The amendment is adopted without
changes to the proposal published in the October 17, 2003, issue of the
The amendment is adopted to clarify the rule language regarding notification
of the executive secretary of a complaint regarding a violation of the Commission's
rules or the Texas Racing Act. The amendment is adopted in conjunction with
the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308765
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.118
The Texas Racing Commission adopts an amendment to §309.118,
relating to regulatory office space and equipment provided by the racetrack
licensees. The amendment is adopted without changes to the proposal published
in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9032) and the amendment will not be republished.
The amendment is adopted to clarify the responsibilities of a racetrack
licensee regarding the provision of telecommunication services for regulatory
and law enforcement personnel offices. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules. Under the
current rules, the racetracks are required to provide telephone service and
computer lines for regulatory personnel. The adopted amendment is not intended
to require additional services or equipment, but rather to clarify the types
of services and equipment that must be provided.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308764
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.119
The Texas Racing Commission adopts the repeal of §309.119,
relating to the recreational facilities. The repeal is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9034) and the repeal will not be republished.
The repeal is adopted to delete the requirement that racetrack associations
be required to provide recreational facilities for licensees working on association
grounds. The repeal is adopted in conjunction with the agency's review of
Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule does not continue to exist.
The repeal assures the appropriate level of regulation of racetracks.
No comments were received regarding the adoption of the repeal of the rule.
The repeal is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel racing; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks.
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 December 19, 2003.
TRD-200308785
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.121
The Texas Racing Commission adopts the repeal of §309.121,
relating to eating facilities. The repeal is adopted without changes to the
proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9034) and the repeal will not be republished.
The repeal is adopted to delete the requirement that racetrack associations
be required to provide eating facilities for licensees working on association
grounds. The repeal is adopted in conjunction with the agency's review of
Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for the adoption of the rule does not continue to exist.
The repeal assures the appropriate level of regulation.
No comments were received regarding the adoption of the repeal of the rule.
The repeal is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel racing; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks.
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 December 19, 2003.
TRD-200308784
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.125
The Texas Racing Commission adopts an amendment to §309.125,
relating to photofinish equipment. The amendment is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9035) and the amendment will not be republished.
The amendment is adopted to authorize the executive secretary to require
the calibration of the photofinish device. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308783
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.127
The Texas Racing Commission adopts an amendment to §309.127,
relating to the maintenance of negatives and videotapes. The amendment is
adopted without changes to the proposal published in the October 17, 2003,
issue of the
Texas Register
(28 TexReg 9035)
and the amendment will not be republished.
The amendment is adopted to delete the requirement of the automatic delivery
of the videotape to the Commission for a race where injury or death occurs
for a race animal or jockey and conforms the rule to agency practice. The
amendment is adopted in conjunction with the agency's review of Chapters 309
and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any person required to comply with the rules and will
conform to agency practice.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses;§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 December 19, 2003.
TRD-200308782
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.129
The Texas Racing Commission adopts an amendment to §309.129,
relating to automatic banking machines. The amendment is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9036) and the amendment will not be republished.
The amendment is adopted to clarify the rule language regarding the vendor
contract being available and subject to inspection by the executive secretary.
The amendment is adopted in conjunction with the agency's review of Chapters
309 and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks; §11.04 which authorizes the
Commission to adopt rules providing for the use of automatic banking machines.
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 December 19, 2003.
TRD-200308786
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.131
The Texas Racing Commission adopts an amendment to §309.131,
relating to the breathalyzer machine. The amendment is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9037) and the amendment will not be republished.
The amendment is adopted to authorize law enforcement personnel to use
the breathalyzer machine. The amendment is adopted in conjunction with the
agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that other law enforcement personnel will be able
to use the breathalyzer machine, rather than just Commission staff.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.16 which
authorizes the Commission to adopt rules relating to the drug testing of licensees; §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 December 19, 2003.
TRD-200308787
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.151
The Texas Racing Commission adopts an amendment to §309.151,
relating to the change of ownership, board of directors, or management committee
of an association. The amendment is adopted without changes to the proposal
published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9037) and the amendment will not be republished.
The amendment is adopted to correct typographical errors. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308788
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.153
The Texas Racing Commission adopts an amendment to §309.153,
relating to general security. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9038) and the amendment will not be republished.
The amendment is adopted to clarify the rule language regarding the executive
secretary requiring proof of adequate liability insurance by the association.
The amendment is adopted in conjunction with the agency's review of Chapters
309 and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308792
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.154
The Texas Racing Commission adopts an amendment to §309.154,
relating to the stable or kennel area. The amendment is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9038) and the amendment will not be republished.
The amendment is adopted to clarify the rule language regarding authorization
of an individual in the stable or kennel area. The amendment is adopted in
conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel wagering; §3.16
which authorizes the Commission to adopt rules prohibiting the unlawful influencing
of the outcome of a race; §5.01 which authorizes the Commission to issue
licenses and set conditions for licenses; §6.06 which authorizes the
Commission to adopt rules on all matters relating to the operation of pari-mutuel
racetracks; §6.061 which authorizes the Commission to regulate inappropriate
or unsafe conditions at 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 December 19, 2003.
TRD-200308793
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.157
The Texas Racing Commission adopts an amendment to §309.157,
relating to fire prevention. The amendment is adopted without changes to the
proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9039) and the amendment will not be republished.
The amendment is adopted to clarify when a fire inspection must be performed
at a racetrack and authorizes a racetrack to designate where open fires, for
example, barbecue pits, may be on association grounds. The amendment is adopted
in conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel wagering; §5.01
which authorizes the Commission to issue licenses and set conditions for licenses; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks; §6.061 which authorizes the
Commission to regulate inappropriate or unsafe conditions at 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 December 19, 2003.
TRD-200308794
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.160
The Texas Racing Commission adopts an amendment to §309.160,
relating to vendors. The amendment is adopted without changes to the proposal
published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9040) and the amendment will not be republished.
The amendment is adopted to clarify the responsibilities of the Commission
veterinarians regarding the sale of certain products on association grounds.
The amendment is adopted in conjunction with the agency's review of Chapters
309 and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity or individual required to comply with the
rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308795
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
1.
RACETRACKS
16 TAC §309.202
The Texas Racing Commission adopts an amendment to §309.202,
relating to the track length. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9040) and the amendment will not be republished.
The amendment is adopted to correct a typographical error. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308796
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.206
The Texas Racing Commission adopts an amendment to §309.206,
relating to racetrack rails. The amendment is adopted without changes to the
proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9041) and the amendment will not be republished.
The amendment is adopted to correct a typographic error. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel wagering; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks; §6.061 which authorizes the
Commission to regulate inappropriate or unsafe conditions at 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 December 19, 2003.
TRD-200308797
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.251
The Texas Racing Commission adopts an amendment to §309.251,
relating to the isolation area. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9041) and the amendment will not be republished.
The amendment is adopted to remove specific descriptions of requirements
for isolation areas on association grounds and states instead that they must
be in a location and equipped as approved by the executive secretary. The
amendment is adopted in conjunction with the agency's review of Chapters 309
and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment will allow the racetracks to have some flexibility regarding
certain facilities and assure that the Commission's level of regulation is
appropriate.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308798
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.252
The Texas Racing Commission adopts an amendment to §309.252,
relating to the treatment area. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9042) and the amendment will not be republished.
The amendment is adopted to remove specific descriptions of requirements
for treatment areas on association grounds and states instead that they must
be in a location and equipped as approved by the executive secretary. The
amendment is adopted in conjunction with the agency's review of Chapters 309
and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment will allow the racetracks to have some flexibility regarding
certain facilities and assure that the Commission's level of regulation is
appropriate.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308800
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.281
The Texas Racing Commission adopts an amendment to §309.281,
relating to jockeys. The amendment is adopted without changes to the proposal
published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9043) and the amendment will not be republished.
The amendment is adopted to clarify the rule language that the executive
secretary may require a racetrack to provide other reasonable accommodations
for jockeys. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308801
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.295
The Texas Racing Commission adopts an amendment to §309.295,
relating to the condition book. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9043) and the amendment will not be republished.
The amendment is adopted to clarify the process for the Commission to approve
the condition book. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks; §11.01 which authorizes the
Commission to adopt rules to regulate wagering on greyhound races and horse
races under the system known as pari-mutuel wagering.
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 December 19, 2003.
TRD-200308802
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.296
The Texas Racing Commission adopts an amendment to §309.296,
relating to the official program. The amendment is adopted without changes
to the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9044) and the amendment will not be republished.
The amendment is adopted to require the official program to contain the
program betting number for the horses in a race. The amendment is adopted
in conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures that additional information will be readily available
to the public to assist in wagering on a race.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §6.06
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks; §11.01 which authorizes the
Commission to adopt rules to regulate wagering on greyhound races and horse
races under the system known as pari-mutuel wagering.
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 December 19, 2003.
TRD-200308803
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.297
The Texas Racing Commission adopts an amendment to §309.297,
relating to purse accounts. The amendment is adopted without changes to the
proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9045) and the amendment will not be republished.
The amendment is adopted to correct a typographical error. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308804
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.298
The Texas Racing Commission adopts an amendment to §309.298,
relating to stakes and other prepayment races. The amendment is adopted without
changes to the proposal published in the October 17, 2003, issue of the
The amendment is adopted to clarify the process for the racetrack to determine
which horses remain eligible for a prepayment race and requires the racetrack
to retain appropriate documentation. In addition, the amendment is adopted
to provide additional clarification regarding the approval by the executive
secretary of the race conditions and the nomination blank. The amendment is
adopted in conjunction with the agency's review of Chapters 309 and 311 in
accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308805
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
1.
FACILITIES AND EQUIPMENT
16 TAC §309.309
The Texas Racing Commission adopts an amendment to §309.309,
relating to the lockout kennel. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9047) and the amendment will not be republished.
The amendment is adopted to delete the requirement that the lockout kennel
have a one-way viewing window for patrons, as obsolete and conforms the rule
to agency practice. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will conform to agency
practice.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308806
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
16 TAC §309.355
The Texas Racing Commission adopts an amendment to §309.355,
relating to the grading system. The amendment is adopted without changes to
the proposal published in the October 17, 2003, issue of the
Texas Register
(28 TexReg 9047) and the amendment will not be republished.
The amendment is adopted to correct typographical errors. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by any entity required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses; §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 December 19, 2003.
TRD-200308807
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 490-4009
Subchapter A. LICENSING PROVISIONS
1.
OCCUPATIONAL LICENSES
16 TAC §311.1
The Texas Racing Commission adopts an amendment to §311.1,
relating to when occupational licenses and training facility licenses expire.
The amendment is adopted without changes to the proposal published in the
October 10, 2003, issue of the
Texas Register
(28
TexReg 8761) and the amendment will not be republished.
The amendment is adopted to clarify that an occupational license expires
one year after the last day of the month in which the license was issued.
The amendment states that a training facility license expires on December
31 of the year in which it was issued. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by a person required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to adopt rules for the licensing and regulation
of races and workouts at racetracks that do not offer pari-mutuel wagering; §5.01
which authorizes the Commission to issue licenses and set conditions for licenses; §7.03
which authorizes the Commission to issue occupational licenses; and §7.07
which authorizes the Commission to issue occupational licenses for up to 36
months.
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 December 19, 2003.
TRD-200308809
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.2
The Texas Racing Commission adopts an amendment to §311.2,
relating to the application procedure for occupational licenses. The amendment
is adopted without changes to the proposal published in the October 10, 2003,
issue of the
Texas Register
(28 TexReg 8762)
and the amendment will not be republished.
The amendment is adopted to conform the rule to the Texas Racing Act and
agency practice regarding the denial of licenses and the issuance of conditional
licenses. The amendment states that the stewards and racing judges may review
and deny a license because grounds for denial exist under §311.6 or if
the applicant or a member of the applicant's family or household holds a license
and creates a conflict of interest. The amendment allows the stewards to issue
a license subject to the applicant satisfying conditions, which reasonably
relate to the applicant's qualifications to hold the license. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the rule conforms to agency practice and the
Texas Racing Act.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §5.01 which
authorizes the Commission to issue licenses and set conditions for licenses;
and Article 7 which authorizes the Commission to require, set conditions and
qualifications for, issue, and deny occupational licenses.
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 December 19, 2003.
TRD-200308810
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.6
The Texas Racing Commission adopts an amendment to §311.6,
relating to the denial, suspension and revocation of licenses. The amendment
is adopted without changes to the proposal published in the October 10, 2003,
issue of the
Texas Register
(28 TexReg 8763)
and the amendment will not be republished.
The amendment is adopted to make conforming changes to previous changes
in other Commission rules and to clarify the rule language. The amendment
is adopted in conjunction with the agency's review of Chapters 309 and 311
in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures that the Commission rules will be clearer and more
easily understood by a person required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; and §7.04
which authorizes the Commission to deny, suspend, and revoke occupational
licenses.
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 December 19, 2003.
TRD-200308811
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.7
The Texas Racing Commission adopts an amendment to §311.7,
relating to the renewal of an occupational license. The amendment is adopted
without changes to the proposal published in the October 10, 2003, issue of
the
Texas Register
(28 TexReg 8764) and the
amendment will not be republished.
The amendment is adopted to make conforming changes to other changes in
Commission rules and to clarify the rule language. The amendment is adopted
in conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures a clearer rule regarding the renewal of occupational
licenses.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; and Article 7
which authorizes the Commission to require, set conditions and qualifications
for, issue, and deny occupational licenses.
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 December 19, 2003.
TRD-200308812
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.101
The Texas Racing Commission adopts an amendment to §311.101,
relating to licenses of horse owners. The amendment is adopted without changes
to the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8764) and the amendment will not be republished.
The amendment is adopted to make conforming changes to other changes in
Commission rules and to clarify the rule language. The amendment is adopted
in conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures a clearer rule regarding licenses for horse owners.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; and Article 7
which authorizes the Commission to require, set conditions and qualifications
for, issue, and deny occupational licenses.
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 December 19, 2003.
TRD-200308813
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.102
The Texas Racing Commission adopts an amendment to §311.102,
relating to licenses for greyhound owners. The amendment is adopted without
changes to the proposal published in the October 10, 2003, issue of the
The amendment is adopted to make conforming changes to other changes in
Commission rules and to clarify the rule language when a greyhound owner must
be licensed. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment assures a clearer rule regarding licenses for greyhound owners.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; and Article 7
which authorizes the Commission to require, set conditions and qualifications
for, issue, and deny occupational licenses.
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 December 19, 2003.
TRD-200308814
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.104
The Texas Racing Commission adopts an amendment to §311.104,
relating to licenses for trainers. The amendment is adopted without changes
to the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8767) and the amendment will not be republished.
The amendment is adopted to clarify the rule language regarding the trainer's
responsibilities regarding a dead horse or greyhound on association grounds.
The amendment is adopted in conjunction with the agency's review of Chapters
309 and 311 in accordance with the requirements of Texas Government Code, §2001.039.
The Texas Racing Commission has determined that the reason for adoption of
the rule continues to exist.
The amendment assures a clearer rule regarding the trainer's responsibilities
regarding a dead horse or greyhound on association grounds.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §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 December 19, 2003.
TRD-200308815
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.106
The Texas Racing Commission adopts an amendment to §311.106,
relating to licenses for veterinarians. The amendment is adopted without changes
to the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8768) and the amendment will not be republished.
The amendment is adopted to clarify the rule language regarding the requirements
for obtaining a veterinarian's license. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures a clearer rule regarding the requirements for obtaining
a veterinarian's license.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §7.02 which
authorizes the Commission to adopt various categories of licenses and qualifications
for each category.
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 December 19, 2003.
TRD-200308816
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.107
The Texas Racing Commission adopts an amendment to §311.107,
relating to lease agreements. The amendment is adopted without changes to
the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8769) and the amendment will not be republished.
The amendment is adopted to conform the rule to current agency practice
regarding the lease agreement for a race animal. The amendment is adopted
in conjunction with the agency's review of Chapters 309 and 311 in accordance
with the requirements of Texas Government Code, §2001.039. The Texas
Racing Commission has determined that the reason for adoption of the rule
continues to exist.
The amendment assures a more efficient license application process for
owners.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §7.02 which
authorizes the Commission to adopt various categories of licenses and qualifications
for each category.
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 December 19, 2003.
TRD-200308817
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.108
The Texas Racing Commission adopts an amendment to §311.108,
relating to authorized agents. The amendment is adopted without changes to
the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8769) and the amendment will not be republished.
The amendment is adopted to remove the requirement that the agency appointment
be notarized but requires signatures from both the principal(s) and the agent
and conforms the rule to agency practice regarding the notarization of the
agency appointment. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment assures a streamlined process for appointing authorized agents.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §7.02 which
authorizes the Commission to adopt various categories of licenses and qualifications
for each category.
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 December 19, 2003.
TRD-200308819
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.207
The Texas Racing Commission adopts an amendment to §311.207,
relating to the inhumane treatment of animals. The amendment is adopted without
changes to the proposal published in the October 10, 2003, issue of the
The amendment is adopted to clarify that an occupational licensee, regardless
of whether the licensee is on association grounds, may not treat a race animal
inhumanely. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission, has determined that the
reason for adoption of the rule continues to exist.
The amendment assures that the Commission's rules will foster safe and
humane treatment for race animals by licensees.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to regulate all aspects of greyhound and horse racing
in this state, whether or not that racing involves pari-mutuel wagering.
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 December 19, 2003.
TRD-200308820
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.210
The Texas Racing Commission adopts an amendment to §311.210,
relating to an occupational licensee's conduct on association grounds. The
amendment is adopted without changes to the proposal published in the October
10, 2003, issue of the
Texas Register
(28
TexReg 8770) and the amendment will not be republished.
The amendment is adopted to clarify where a licensee may smoke or where
open fires may be on association grounds. The amendment is adopted in conjunction
with the agency's review of Chapters 309 and 311 in accordance with the requirements
of Texas Government Code, §2001.039. The Texas Racing Commission has
determined that the reason for adoption of the rule continues to exist.
The amendment assures a clearer rule regarding where a licensee may smoke
or where open fires may be on association grounds.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to adopt rules for the licensing and regulation
of races and workouts at racetracks that do not offer pari-mutuel wagering; §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 December 19, 2003.
TRD-200308821
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.211
The Texas Racing Commission adopts an amendment to §311.211,
relating to the prohibition of weapons on association grounds. The amendment
is adopted without changes to the proposal published in the October 10, 2003,
issue of the
Texas Register
(28 TexReg 8771)
and the amendment will not be republished.
The amendment is adopted to make a conforming change to a change in another
agency's name. The amendment is adopted in conjunction with the agency's review
of Chapters 309 and 311 in accordance with the requirements of Texas Government
Code, §2001.039. The Texas Racing Commission has determined that the
reason for adoption of the rule continues to exist.
The amendment assures that the Commission rule will be clearer and more
easily understood by a person required to comply with the rules.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to adopt rules for the licensing and regulation
of races and workouts at racetracks that do not offer pari-mutuel wagering.
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 December 19, 2003.
TRD-200308822
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
16 TAC §311.216
The Texas Racing Commission adopts an amendment to §311.216,
relating to conduct in the stable area. The amendment is adopted without changes
to the proposal published in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8771) and the amendment will not be republished.
The amendment is adopted to conform the rule to current law regarding vaccination
requirements for dogs. The amendment is adopted in conjunction with the agency's
review of Chapters 309 and 311 in accordance with the requirements of Texas
Government Code, §2001.039. The Texas Racing Commission has determined
that the reason for adoption of the rule continues to exist.
The amendment assures that the Commission's rules will be consistent with
current law regarding vaccination of dogs.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to adopt rules for conducting
greyhound or horse racing in this State involving wagering; §3.021 which
authorizes the Commission to adopt rules for the licensing and regulation
of races and workouts at racetracks that do not offer pari-mutuel wagering; §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 December 19, 2003.
TRD-200308823
Nicole Galwardi
General Counsel
Texas Racing Commission
Effective date: January 8, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 490-4009
1.
DRUGS
Chapter 7.
GAS SERVICES DIVISION
Chapter 20.
ADMINISTRATION
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Part 8.
TEXAS RACING COMMISSION
Subchapter B. OPERATIONS OF RACETRACKS
2.
FACILITIES AND EQUIPMENT
3.
OPERATIONS
Subchapter C. HORSE RACETRACKS
2.
FACILITIES FOR HORSES
3.
FACILITIES FOR LICENSEES
4.
OPERATIONS
Subchapter D. GREYHOUND RACETRACKS
2.
OPERATIONS
Chapter 311.
OTHER LICENSES
Subchapter B. SPECIFIC LICENSES
Subchapter C. RESPONSIBILITIES OF INDIVIDUALS
Subchapter D. ALCOHOL AND DRUG TESTING