TITLE 16.ECONOMIC REGULATION

Part 8. TEXAS RACING COMMISSION

Chapter 313. OFFICIALS AND RULES OF HORSE RACING

Subchapter A. OFFICIALS

The Texas Racing Commission adopts amendments to §§313.1, 313.4, 313.22, 313.41, 313.43, 313.45, 313.53, and 313.60. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11512) and the amendments will not be republished.

This subchapter specifies which officials must be present at live horse race meetings conducted in this state and their respective powers and duties. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. In addition, the amendments to §313.1 and §313.4 clarify the executive secretary's authority to approve racing officials appointed by a racetrack association. The amendment to §313.22, clarifies the standards by which the stewards should exercise their discretion in resolving disputes over racing matters. The amendment to §313.41 authorizes the racing secretary to delegate his or her duties to another racing office employee and clarifies the deadline for posting weights in handicap races. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continues to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

1. GENERAL PROVISIONS

16 TAC §313.1, §313.4

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500990

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


2. DUTIES OF STEWARDS

16 TAC §313.22

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500991

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


3. DUTIES OF OTHER OFFICIALS

16 TAC §§313.41, 313.43, 313.45, 313.53, 313.60

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500992

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter B. ENTRIES, SCRATCHES, AND ALLOWANCES

The Texas Racing Commission adopts amendments to §§313.101, 313.108, 313.110, 313.135, 313.136, 313.165, and 313.166. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11514) and the amendments will not be republished.

This subchapter prescribes the requirements and procedures for entries, scratches, and weight allowances. The adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continues to exist.

Adopting these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

1. ENTRIES

16 TAC §§313.101, 313.108, 313.110

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500993

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


2. SCRATCHES

16 TAC §313.135, §313.136

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500994

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


3. ALLOWANCES AND PENALTIES

16 TAC §313.165, §313.166

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500995

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter C. CLAIMING RACES

16 TAC §313.303, §313.312

The Texas Racing Commission adopts amendments to §313.303 and §313.312. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11516) and the amendments will not be republished.

This subchapter prescribes the requirements and procedures for claiming races. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. The amendment to §313.312 eliminates the requirement that the claimant of a horse be notified of a positive test. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continues to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500996

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter D. RUNNING OF THE RACE

1. JOCKEYS

16 TAC §313.405

The Texas Racing Commission adopts an amendment to §313.405. The amendment is adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11517) and the amendment will not be republished.

This subchapter prescribes the requirements and procedures for the actual running of horse races. The amendment to §313.405 eliminates the use of the term "apprentice jockey" in this one rule, to clarify that all Commission rules that applicable to jockeys apply to apprentice jockeys as well. The amendment is adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of this amendment continues to exist.

Adoption of this amendment will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

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 make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendment is 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 March 4, 2005.

TRD-200500997

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


16 TAC §313.410

The Texas Racing Commission adopts the repeal of §313.410. The repeal is adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11517) and the repeal of this section of Chapter 313 will not be republished.

This subchapter prescribes the requirements and procedures for the actual running of horse races. The repeal of §313.410 is appropriate because it is obsolete and extends beyond the level of regulation desired by the Commission. The repeal is adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for the repeal of this section of Chapter 313 continues to exist.

Adoption of this repeal will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the proposal is 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 March 4, 2005.

TRD-200501003

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter E. TRAINING FACILITIES

16 TAC §313.505, §313.507

The Texas Racing Commission adopts amendments to §313.505 and §313.507. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11518) and the amendments will not be republished.

This subchapter prescribes the licensing requirements for training facilities and the procedures for conducting official workouts. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. The amendment to §313.507 raises the license fee for a training facility employee license to $20. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continues to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500998

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Chapter 315. OFFICIALS AND RULES FOR GREYHOUND RACING

Subchapter A. OFFICIALS

The Texas Racing Commission adopts amendments to §§315.1-315.2, 315.31-315.32, and 315.36-315.37. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11519) and the amendments will not be republished.

This subchapter specifies which officials must be present at live greyhound race meetings conducted in this state and their respective powers and duties. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. In addition, the amendments to §313.1 clarifies the executive secretary's authority to approve racing officials appointed by a racetrack association. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continue to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

1. APPOINTMENT OF OFFICIALS

16 TAC §315.1, §315.2

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200500999

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


2. DUTIES

16 TAC §§315.31, 315.32, 315.36, 315.37

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200501000

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter B. ENTRIES AND PRE-RACE PROCEDURES

16 TAC §§315.101 - 315.103, 315.107, 315.108, 315.110, 315.111

The Texas Racing Commission adopts amendments to §§315.101 - 315.103, 315.107 - 315.108, and 315.110 - 315.111. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11520) and the amendments will not be republished.

This subchapter prescribes the requirements and procedures for entries, scratches, sales, and other pre-race matters. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. In addition, the amendment to §315.101 clarifies the type of identifying information the racetrack must have on file for each greyhound before it races. The amendment to §315.107 eliminates provisions relating to the sale of greyhounds which duplicate language in §315.104. The amendment to §315.110 clarifies the standards by which the racing judges should exercise their discretion in scratching a greyhound from a race. The amendment to §315.111 clarifies the schooling requirements for greyhounds that have not raced for 30 days. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continue to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced and will ensure the racing greyhounds are competitive and healthy.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200501001

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Subchapter C. RACE PROCEDURES

16 TAC §§315.201 - 315.203, 315.205, 315.210, 315.211

The Texas Racing Commission adopts amendments to §§315.201 - 315.203, 315.205, and 315.210 - 315.211. The amendments are adopted without changes to the proposal published in the December 17, 2004, issue of the Texas Register (29 TexReg 11522) and the amendments will not be republished.

This subchapter prescribes the requirements and procedures for the conduct of greyhound races. In general, the adopted amendments conform the rules to the Commission's current rule style, eliminate obsolete provisions, and correct typographical errors. The amendments to §315.201 and §315.202 clarify the authority of the racing judges with respect to weigh-in and weight changes. The amendments are adopted in conjunction with the agency's review of Chapter 313 in accordance with Texas Government Code §2001.039. The Commission has determined that the reason for adoption of these amendments continues to exist.

Adoption of these amendments will ensure that the Commission's rules will conform to current practice, will be more easily understood by licensees required to comply with the rules, and will be more easily enforced.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules regulating horse or greyhound racing; §3.021 which authorizes the Commission to adopt rules to regulate workouts at training facilities; §3.07, which authorizes the Commission to adopt rules specifying the authority and duties of racing officials; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of pari-mutuel racetracks; and §6.061, which authorizes the Commission to regulate inappropriate or unsafe conditions at pari-mutuel racetracks.

The statute affected by the amendments is 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 March 4, 2005.

TRD-200501002

Nash J. Gonzales

General Counsel

Texas Racing Commission

Effective date: April 4, 2005

Proposal publication date: December 17, 2004

For further information, please call: (512) 490-4009


Part 9. TEXAS LOTTERY COMMISSION

Chapter 402. BINGO REGULATION AND TAX

The Texas Lottery Commission adopts new rules 16 TAC, Chapter 402, §§402.100 - 402.103, 402.200 - 402.203, 402.300 - 402.304, 402.400 - 402.407, 402.500 - 402.504, 402.600 - 402.603, and 402.700 - 402.705, relating to Bingo Regulation and Tax without changes to the proposed text as published in the January 21, 2005, issue of the Texas Register (30 TexReg 186). The new provisions will make nonsubstantive changes, including: (1) renaming Chapter 402 the "Charitable Bingo Administrative Rules"; (2) reorganizing Chapter 402 into subchapters; (3) updating legal citations; and (4) deleting references to obsolete dates.

No comments were received.

Subchapter A. ADMINISTRATION

16 TAC §§402.100 - 402.103

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500922

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter B. CONDUCT OF BINGO

16 TAC §§402.200 - 402.203

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500921

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter C. BINGO GAMES AND EQUIPMENT

16 TAC §§402.300 - 402.304

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500923

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter D. LICENSING REQUIREMENTS

16 TAC §§402.400 - 402.407

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500924

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter E. BOOKS AND RECORDS

16 TAC §§402.500 - 402.504

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500926

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter F. PAYMENT OF TAXES, PRIZE FEES AND BONDS

16 TAC §§402.600 - 402.603

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500927

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Subchapter G. COMPLIANCE AND EQUIPMENT

16 TAC §§402.700 - 402.705

The new rules are adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

Occupations Code, Chapter 2001 is affected by the adopted new sections.

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 March 1, 2005.

TRD-200500925

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Chapter 402. BINGO REGULATION AND TAX

16 TAC §§402.520, 402.530, 402.531, 402.535, 402.540 - 402.550, 402.554 - 402.556, 402.558, 402.567, 402.568, 402.571, 402.573, 402.580 - 402.584, 402.590 - 402.592, 402.595, 402.596, 402.598, 402.601, 402.602

The Texas Lottery Commission adopts the repeal of §§402.520, 402.530, 402.531, 402.535, 402.540 - 402.550, 402.554 - 402.556, 402.558, 402.567, 402.568, 402.571, 402.573, 402.580 - 402.584, 402.590 - 402.592, 402.595, 402.596, 402.598, 402.601, and 402.602, relating to Bingo Regulation and Tax without changes to the proposal as published in the January 21, 2005, issue of the Texas Register (30 TexReg 220).

The purpose of the repeal is to remove these sections from the agency rules in conjunction with the simultaneous adoption of new rules making nonsubstantive changes, including: (1) renaming Chapter 402 the "Charitable Bingo Administrative Rules"; (2) reorganizing Chapter 402 into subchapters; (3) updating legal citations; and (4) deleting references to obsolete dates.

No comments were received regarding adoption of the repeal.

The repeal is adopted under Occupations Code, §2001.054 which authorizes the Commission to adopt rules necessary to enforce and administer the Bingo Enabling Act.

The repeal affects Government Code, Chapter 2001.

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 March 1, 2005.

TRD-200500928

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 344-5113


Chapter 403. GENERAL ADMINISTRATION

16 TAC §403.110

The Texas Lottery Commission adopts new §403.110, relating to a petition for adoption of rules without changes to the proposed text as published in the December 31, 2004, issue of the Texas Register (29 TexReg 12074).

The purpose of the new rule is to provide procedures to petition for adoption of a new rule or an amendment to a rule.

No comments were received regarding adoption of the new rule.

The new rule is adopted under Government Code, §466.015 which authorizes the Commission to adopt all rules necessary to administer the State Lottery Act and to adopt rules governing the establishment and operation of the lottery, and under Government Code, §467.102 which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission’s jurisdiction. The new section is also adopted under Government Code, §2001.021(b) which requires a state agency to by rule prescribe the form for a petition and the procedure for the submission, consideration, and disposition to request the adoption of a rule.

The new rule implements Government Code, Chapter 2001, §2001.021.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 1, 2005.

TRD-200500929

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: March 21, 2005

Proposal publication date: December 31, 2004

For further information, please call: (512) 344-5113