PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
The Texas Department of Licensing and Regulation (Department) proposes an amendment to an existing rule at 16 Texas Administrative Code, §67.80, regarding the auctioneers program.
The Department proposes to amend §67.80(i) to reduce the initial recovery fund fee from $100 to $50. The proposed amendment is necessary to avoid collecting fees for the recovery fund that are in excess of the amount needed.
Texas Occupations Code, Chapter 1802, Subchapter D, establishes the Auctioneer Education and Recovery Fund for the payment of claims against auctioneers licensed under Chapter 1802. The Department is responsible for administering the fund and for collecting from each applicant for licensure as an auctioneer or associate auctioneer a fee for the fund prior to issuing a license to the applicant. The amount of the fee is not set by statute. Subchapter D also provides that when the fund balance is less than $300,000 on December 31 of any year, the Department shall collect from each licensee at renewal an additional fee equal to the greater of $50 or the licensee's pro rata share of the amount required to return the fund balance to $300,000. At present the fund balance is in excess of $300,000 and will remain so even after funds are expended for education pursuant to §1802.156. The reduction of the initial recovery fund fee will not impair the ability of the fund to meet statutory requirements.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendment is in effect, there will be no direct cost to state or local government as a result of enforcing or administering the amendment. The cost of administering the fund does not change based on the amount of the fee that is charged.
Mr. Kuntz has determined that for the first five-year period the proposed amendment is in effect, there will be no reduction in revenue to the Department, since the monies paid to the recovery fund do not go into the general revenue fund and are not appropriated to the Department.
Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be a continuation of the recovery fund at levels needed to protect members of the public who are harmed by the actions of licensees while at the same time reducing the burden on new licensees.
There will be no disparate economic effect on small or micro-businesses or to persons who are required to comply with the rule as proposed. The anticipated economic effect on small or micro-businesses or to persons who are required to comply with the rule as amended will be a lower recovery fund fee for licensees. There will be no additional costs to small or micro-businesses or to persons who may be required to comply with the section as proposed. Since the agency has determined that the rule will have no adverse economic effect on small businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
The amendment is proposed under Texas Occupations Code, Chapters 51 and 1802, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1802. No other statutes, articles, or codes are affected by the proposal.
§67.80.Fees.
(a) - (h) (No change.)
(i) The initial recovery fund fee is $50 [$100].
(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803068
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation ("Department") proposes amendments to 16 Texas Administrative Code, Chapter 73, §73.80, regarding the electricians program.
The Department proposes to amend §73.80 to decrease the application and renewal fees for electrical sign contractors from $125 to $115 and to separate the subsection addressing both application fees and renewal fees into two distinct subsections in the rule.
The Department is required to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. Pursuant to the Department's annual fee review, the fees currently in place are above the amount required by the Department to cover costs. The proposed decrease would not adversely affect the administration and enforcement of the electricians program.
In addition to the fee decrease, §73.80(a), which includes both application and renewal fees for all licensees under this program, is being separated into two subsections. Proposed §73.80(a) will address application fees, and proposed §73.80(b) will address renewal fees. These proposed amendments will accommodate any future fee changes where the application fees and renewal fees are different.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect, there will be no direct cost to state or local government as a result of enforcing or administering these amendments.
Mr. Kuntz has determined that for the first five-year period the amendments to §73.80 are in effect, there will be a reduction in revenue to the Department; however, as noted above, the reduced revenues will not adversely affect the administration and enforcement of the electricians program.
Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be lower application and renewal fees for electrical sign contractors.
There will be no disparate economic effect on small or micro-businesses or to persons who are required to comply with the rule as proposed. The anticipated economic effect on small or micro-businesses or to persons who are required to comply with the rule as amended will be lower application and renewal fees for electrical sign contractors. There will be no additional costs to small or micro-businesses or to persons who may be required to comply with the section as proposed. Since the agency has determined that the rule will have no adverse economic effect on small businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
The amendments are proposed under Texas Occupations Code, Chapters 51 and 1305, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the proposal.
§73.80.Fees.
(a) Application [and renewal] fees:
(1) Master Electrician--$50
(2) Master Sign Electrician--$50
(3) Journeyman Electrician--$35
(4) Journeyman Sign Electrician--$35
(5) Residential Wireman--$25
(6) Maintenance Electrician--$25
(7) Electrical Contractor--$115
(8) Electrical Sign Contractor--$115 [$125]
(9) Electrical Apprentice--$20
(10) Electrical Sign Apprentice--$20
(11) Residential Appliance Installer--$40
(12) Residential Appliance Installation Contractor--$125
(b) Renewal fees:
(1) Master Electrician--$50
(2) Master Sign Electrician--$50
(3) Journeyman Electrician--$35
(4) Journeyman Sign Electrician--$35
(5) Residential Wireman--$25
(6) Maintenance Electrician--$25
(7) Electrical Contractor--$115
(8) Electrical Sign Contractor--$115
(9) Electrical Apprentice--$20
(10) Electrical Sign Apprentice--$20
(11) Residential Appliance Installer--$40
(12) Residential Appliance Installation Contractor--$125
(c) [(b)] Late Renewal Fees.
Late renewal fees for licenses issued under this chapter are provided
under §60.83 of this title (relating to Late Renewal Fees).
(d) [(c)] Revised or duplicate license fees:
(1) All licenses except as set out below--$25
(2) Electrical Apprentice--$20
(3) Electrical Sign Apprentice--$20
(e) [(d)] All fees are non-refundable.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803069
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-7348
CHAPTER 309. RACETRACK LICENSES AND OPERATIONS
The Texas Racing Commission proposes amendments to 16 TAC §§309.1, 309.7, 309.9, 309.103, 309.111, 309.113 - 309.118, 309.120, 309.123, 309.250, 309.253, 309.254, 309.294, 309.296, 309.305, 309.309, 309.311, 309.312, and 309.314. The Commission also proposes the repeal of §309.251 and §309.252, and new §§309.168, 309.255 and 309.317. The amendments, repeal, and new sections are proposed in conjunction with the Commission's rule review of Chapter 309 pursuant to Texas Government Code §2001.039. Notice of this rule review was published in the January 4, 2008, issue of the Texas Register (33 TexReg 289).
The sections proposed for amendment relate to: racetrack licenses, including their duration, the application fees, and the grounds for denying, suspending, or revoking a racetrack license; racetrack operations, including construction plans, design and maintenance, accessibility and restroom standards, mandatory refreshments, complaints, first aid, regulatory office space and equipment, parking, internal communications system, and hazardous weather procedures; horse racetrack requirements, including the test barn, postmortem area, equine ambulance, starting crew, and the official program; and greyhound racetrack requirements, including the starting boxes, lockout kennel, kennel compound, and the turnout pens. The sections proposed for repeal relate to the isolation and treatment areas at a horse racetrack. The new sections proposed for adoption relate to the chase vehicle at a horse racetrack and to maintenance personnel at a greyhound racetrack.
Charla Ann King, Executive Director for the Commission, has determined that for the first five year period the proposal is in effect there will be no fiscal implications for state or local government as a result of enforcing the proposal.
Ms. King has also determined that the proposal will have no adverse economic effect on small or micro-businesses, and therefore preparation of an economic impact statement and a regulatory flexibility analysis is not required.
There are no negative impacts upon employment conditions in this state as a result of the proposal.
Ms. King has also determined that for each year of the first five years the proposal is in effect the following statements regarding the anticipated public benefit will apply:
The change to §309.1 clarifies that the Commission may suspend or revoke a license, and that an association may surrender a license by agreement with the Commission.
The change to §309.7 will more directly correlate the application fee for a racetrack license to the actual costs of processing the application. While the change increases the initial processing charge for a racetrack license, it also provides that the Commission will only charge for the actual costs of processing the application. Any portion of the processing charge that exceeds the actual administrative costs will be reimbursed to the applicant, and any deficit will be billed to the applicant. The change also establishes the application fees for a greyhound racetrack license.
The change to §309.9 clarifies the grounds for denying, suspending or revoking a racetrack license by incorporating several grounds that exist in the Texas Racing Act but are not currently listed in the rule. These include: habitual alcohol abuse or the use of controlled substances; the improper use of a license, credential or identification card; a determination by the Commission that an applicant or licensee is unqualified to perform the duties of a licensee; or a determination by the Commission that an applicant or licensee is not of good moral character or that the person's reputation as a peaceable, law-abiding citizen is bad. The change also clarifies that it is a ground for denying, suspending or revoking a racetrack license that the person owns or would own more than a five percent interest in more than three Texas racetrack licenses, and that the prohibition under §6.06(h) of the Texas Racing Act attaches to each license regardless of whether the physical racetrack facilities for a particular license have been constructed.
The change to §309.103 increases the Commission's ability to oversee the construction of three new racetracks in the next 18 months by increasing, from 30 days to 60 days, the amount of advance opportunity that a racetrack must give the executive secretary to review its construction plans.
The change to §309.111 clarifies that association must provide for the comfort and safety of both patrons and licensees in the public areas of the grounds.
The change to §309.113 corrects an out-of-date reference in the rules. The state's accessibility standards for disabled persons have been codified in Chapter 469 of the Texas Government Code.
The change to §309.114 clarifies that the requirement to provide adequate restrooms on association grounds includes those areas that are within the restricted area of the enclosure.
The change to §309.115 clarifies that an association must provide adequate free drinking water to both patrons and licensees.
The change to §309.116 increases accountability and responsiveness to complaints by expanding the circumstances under which an association must notify the executive secretary of a complaint. The change requires an association to report complaints regarding: violations of ordinances or statutes; accidents or injuries; and unsafe or unsanitary conditions. The change also clarifies that an association's responsibility to respond to complaints is independent of the association's responsibility to notify the executive secretary of the complaint.
The change to §309.117 improves safety by defining the minimum qualifications for personnel staffing the first aid room, and by requiring a Class 1 or 2 racetrack to provide a properly certified MICU ambulance anytime it is conducting racing.
The change to §309.118 updates the physical, electrical and communications requirements for regulatory office space and equipment.
The change to §309.120 improves safety by requiring that the association's parking lot for licensees be lighted.
The change to §309.123 updates the requirements for an association's internal communications system.
Proposed new §309.168 improves safety by requiring associations to establish and implement approved procedures for protecting race participants, licensees, employees, and patrons during hazardous weather.
The change to §309.250 updates the physical and security requirements for the test barn.
The repeal of §309.251 removes the unnecessary requirement for an isolation area; current practice is that any horse with a communicable disease is relocated to a farm or facility off the track.
The repeal of §309.252 removes the unnecessary requirement for a treatment area; current practice is that any horse requiring emergency care is relocated to a properly equipped veterinary clinic.
The change to §309.253 removes the unnecessary requirement that the postmortem area have a locked storage area.
The change to §309.254 updates the equine ambulance requirements.
Proposed new §309.255 improves safety by defining the minimum standards for the chase vehicle.
The change to §309.294 improves safety for the starters by specifying that an association shall provide at least one assistant starter for each horse to start in a race.
The change to §309.296 improves wagering integrity by requiring horse racing associations to list in the official program the names of the lessee and lessor of a leased race animal and the city and state of each horse's owner or designated representative.
The change to §309.305 deletes a requirement for maintenance personnel at a greyhound racetrack; the requirement for maintenance personnel is being separately addressed in proposed new §309.317.
The change to §309.309 provides additional flexibility to greyhound associations in enabling trainers to view the greyhounds in a lockout kennel.
The change to §309.311 removes the unused requirement that a greyhound association provide a separate kennel building for accommodating greyhounds and trainers participating in stakes races.
The change to §309.312 addresses the need for the sand in the turnout pen to be sanitary and sufficiently deep, while providing flexibility to the Commission and the associations in addressing each racetrack's differing schedules and specific needs.
The change to §309.314 improves safety for the greyhounds in the sprint paths by requiring the association to place a highly visible material at both ends of each path.
Proposed new §309.317 improves safety for the greyhounds by requiring an association to have a person present during racing and schooling who is qualified to maintain the starting boxes, racing surface, and track equipment.
All comments or questions regarding the proposal may be submitted in writing within 30 days following publication of this notice in the Texas Register to Gloria Giberson, Assistant to the Executive Secretary for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.
SUBCHAPTER A. RACETRACK LICENSES
The amendments are proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendments implement Texas Civil Statutes, Article 179e.
§309.1.Racetrack Licenses.
(a) (No change.)
(b) Duration of License. A racetrack license is perpetual. The Commission may suspend or revoke a license in accordance with the Act and these rules. By agreement with the Commission, an association may voluntarily surrender a racetrack license for suspension or revocation.
(c) - (d) (No change.)
§309.7.[ Horse ] Racetrack Application Fees.
(a) (No change.)
(b) Application Fees.
(1) The application fee for a [horse] racetrack
license is composed of a processing charge, a variable investigation
charge, and a variable hearing charge. The processing charge is the
amount needed by the Commission to cover the administrative costs
of processing the application [set to cover administrative
costs]. The investigation charge is the amount needed by the
Commission to cover the costs incurred by the Department of Public
Safety and Commission staff for conducting the background investigation
on the applicant. The hearing charge is the amount needed by the Commission
to pay for the State Office of Administrative Hearings, legal, and
court reporting services for conducting a hearing on the application.
An applicant for a [horse] racetrack license must pay all
charges contemporaneously with filing the application. The failure
to pay the total amount of the application fee may result in the application
being summarily denied by the Commission or an administrative law judge.
The Commission shall hold the application fee in the state
treasury in a suspense account. The Commission may transfer the processing
funds due to the Commission to the Texas Racing Commission Fund as
costs are incurred. If the application is not certified as complete
under §309.3(d) of this chapter, the Commission shall return
the investigation charge and hearing charge, as well as any part
of the processing charge that exceeds the actual administrative costs
to the Commission of processing the application. [If the
application is certified as complete, the Commission shall hold the
investigation charge and hearing charge in the state treasury in a
suspense account.] Not later than five business days after the
date the Commission order on the application is final and unappealable,
the Commission shall transfer the remaining suspense funds
due to the Commission to the Texas Racing Commission Fund. If the
actual costs to the Commission of processing the application,
conducting the investigation or paying for the hearing
exceed the amount deposited for the applicable charge, the applicant
shall pay the remaining amount not later than 10 business days after
receipt of a bill from the Commission. If the costs of processing
the application, conducting the investigation or paying
for the hearing are less than the amount of the charge, the
Commission shall refund the excess not later than 10 days after the
Commission order on the application is final and unappealable.
(2) The amount to be deposited for the processing charge for a horse racetrack license application is:
(A) for a Class 1 racetrack, $150,000 [$50,000];
(B) for a Class 2 racetrack, $75,000 [$20,000];
(C) for a Class 3 racetrack, $25,000 [$3,000]; and
(D) for a Class 4 racetrack, $10,000 [$1,500].
(3) - (4) (No change.)
(5) The amount to be deposited for the processing charge for a greyhound racetrack license application is $150,000.
(6) The amount to be deposited for the investigation charge for a greyhound racetrack license application is $25,000.
(7) The amount to be deposited for the hearing charge for a greyhound racetrack license application is $15,000.
§309.9.Denial, Suspension and Revocation of Licenses.
(a) (No change.)
(b) Grounds for Denying, Suspending, and Revoking Licenses.
(1) - (5) (No change.)
(6) Minimum Age, or Otherwise Ineligible. A license may be denied, suspended or revoked if it is determined that the licensee:
(A) has not attained the minimum age necessary to purchase
alcoholic beverages in Texas; [or]
(B) is in the habit of using alcoholic beverages to an excess or uses a controlled substance as defined in Chapter 481, Health and Safety Code, or a dangerous drug as defined in Chapter 483, Health and Safety Code, or is mentally incapacitated;
(C) has improperly used a license certificate, credential, or identification card issued under this Act; or
(D) [(B)] through a change in
ownership, would be ineligible to be issued a license.
(7) (No change.)
(8) Unqualified. A license may be denied, suspended or revoked if the Commission determines that the licensee is unqualified, by experience or otherwise, to perform the duties required of a licensee under the Act or the Rules.
(9) Moral Character and Reputation. A license may be denied, suspended or revoked if the Commission determines that the licensee is not of good moral character or the licensee's reputation as a peaceable, law-abiding citizen in the community where the licensee resides is bad.
(10) Ownership. A license may be denied, suspended or revoked if it results or would result in a person owning more than a five percent interest in more than three Texas racetrack licenses.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803084
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
DIVISION 1. GENERAL PROVISIONS
The amendment is proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendment implements Texas Civil Statutes, Article 179e.
§309.103.Construction and Renovation of Racetrack Facilities.
(a) (No change.)
(b) Review of construction plan.
(1) At least 60 [30] days before
the date an association proposes to start a racetrack construction
project, the association shall submit a construction plan to the executive
secretary. The construction plan must be in sufficient detail for
the executive secretary to determine whether the proposed project
complies with all applicable Commission rules.
(2) - (3) (No change.)
(c) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803085
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
16 TAC §§309.111, 309.113 - 309.118, 309.120, 309.123
The amendments are proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendments implement Texas Civil Statutes, Article 179e.
§309.111.Comfort and Safety.
(a) An association shall ensure that the public areas of the association grounds are designed and maintained for the comfort and safety of the patrons and licensees.
(b) (No change.)
§309.113.Accessibility by Disabled Persons.
(a) An association shall ensure that all public areas
of the association grounds are accessible by disabled persons in accordance
with standards adopted for public buildings under Texas
Government Code, Chapter 469 [
Civil Statutes, Article 9102].
(b) (No change.)
§309.114.Restrooms.
An association shall provide and maintain restroom facilities which are adequate in number, design, construction, and location for all persons on association grounds, including licensees within the restricted non-public areas of the enclosure. Restroom facilities shall conform to the general standards as detailed in 25 TAC Chapter 265 (relating to General Sanitation).
§309.115.Refreshments.
An association shall provide an adequate supply of free drinking
water [and other refreshments] for the patrons
and licensees.
§309.116.Complaints.
(a) An association shall provide an office to handle
complaints [regarding the association facilities or an alleged
violation of the Act or the Rules].
(b) An association shall respond promptly to all complaints
by patrons and licensees [
regarding the association facilities].
(c) An association shall promptly notify the executive secretary of a complaint regarding:
(1) an alleged violation of the Act or the Rules; [.]
(2) an alleged violation of ordinances or statutes;
(3) accidents or injuries; or
(4) unsafe or unsanitary conditions for patrons, licensees or race animals.
(d) An association's responsibility to respond to complaints under subsection (b) of this section is independent of the association's responsibility to notify the executive secretary under subsection (c) of this section.
(e) [(d)] An association shall
maintain a record of each complaint received and the action taken
by the association regarding the complaint for two years.
§309.117.First Aid.
(a) At all times that an association is open to the public, the association shall provide a first aid room equipped with appropriately qualified personnel and equipment suitable to respond to medical emergencies of its patrons and licensees. Qualified personnel are those individuals certified in basic cardiac life support and first aid in conformance with accepted guidelines for emergency care and resuscitation.
(b) During a live race meeting, a horse racing association
shall provide a properly equipped and staffed ambulance for humans
and the services of a certified paramedic at any time that the racetrack
is open for racing or exercising. At a Class 1 or 2 racetrack, the
[primary
] ambulance must be a Mobile Intensive Care Unit
(MICU) certified by the Department of State Health Services [
Texas Department of Health]. If the MICU ambulance is used to
transport an individual, the association may not conduct a race until
the ambulance returns or is replaced by a properly equipped,
staffed, and certified MICU ambulance. [is replaced by
an ambulance approved by the executive secretary.] The ambulance
must be parked at the entrance to the racing strip when not being
used to transport an individual.
§309.118.Regulatory Office Space and Equipment.
(a) An association shall provide adequate office space for the use of the stewards or racing judges, occupational licensing personnel, the Commission's investigative unit, the pari-mutuel auditing staff and the staff employed by the comptroller, the Commission's veterinary and drug testing staff, and the Department of Public Safety. The location and size of the office space, furnishings, electrical outlets, telephone lines, television monitors, and equipment required under this section must be approved by the executive secretary.
(b) - (d) (No change.)
(e) The office space for occupational licensing personnel must consist of two rooms, one of which must be private. The room that is not private must be equipped with:
(1) - (2) (No change.)
(3) a television monitor; [and]
(4) a private telephone line;[.]
(5) a private dedicated telephone line to be used by a fax machine;
(6) a private dedicated telephone line to be used by a credit card machine;
(7) the appropriate number of desks, file cabinets and chairs;
(8) locking file cabinets or other locking storage facilities adequate in size and number to store the licensing files and checks; and
(9) power outlets adequate in number and capacity to operate all of the Commission's electrical equipment located within the occupational licensing office.
(f) The office space for the pari-mutuel auditing staff and the staff employed by the comptroller must:
(1) provide an unrestricted view of the [totalisator
system operators and the] pari-mutuel computers;
(2) - (5) (No change.)
(6) have at least six [four]
power outlets to operate electrical equipment;
(7) include a private telephone line; [and]
(8) if requested by the Commission or the comptroller,
have an additional voice line to support dial-up capabilities for
a personal computer; and[.]
(9) a private dedicated telephone line to be used by a fax machine.
(g) Commission Veterinarian's Office.
(1) (No change.)
(2) The office must be adjacent to the drug testing area [
test barn] and the pre-race holding area.
(3) The office must consist of at least two rooms,
one of which must be private. [The office must have a total floor
area of at least 200 square feet.]
(4) At horse racetracks, the [The]
office must be constructed to allow a view of each of the adjacent areas.
(5) The office must be equipped with:
(A) a sink with hot and cold water built into a counter of a size required by the executive secretary;
(B) desks and filing cabinets, in numbers as required
by the executive secretary, equipped with locks; [a desk
and two filing cabinets, both of which may be locked;]
(C) at horse racetracks, refrigerators and freezers,
in sizes and numbers as required by the executive secretary, equipped
with locks; [a refrigerator with at least 10 cubic feet
of inside space and a freezer, in a size as required by the Commission,
both equipped with locks; and]
(D) at greyhound racetracks, a freezer in a size
as required by the executive secretary; [a storage area,
which may be locked.]
(E) a storage area, of a size required by the executive secretary, with a door approved by the executive secretary;
(F) a private telephone line with a number of telephones required by the executive secretary;
(G) television monitors as required by the executive secretary; and
(H) at horse racetracks, a freestanding counter of a size required by the executive secretary.
(6) (No change.)
(h) (No change.)
(i) All private telephone lines provided under this
section must: [
have listings separate from the association.]
(1) be assigned a unique telephone number that is directly accessible by the public without the need to go through an automated call answering system;
(2) be able to make both local and long distance calls without the need to enter an access code;
(3) if requested by the executive secretary, be listed in the governmental section of the local telephone directory; and
(4) if requested by the executive secretary, be listed on the association's website.
(j) An association shall provide at its expense computer
lines, phone equipment, and any necessary voice and data network
cabling [circuits, and network cabling] in the offices
of the state regulatory and law enforcement personnel as prescribed
by the executive secretary. In addition, the association shall
reimburse the Commission for the costs of any network or data circuits
installed or caused to be installed by the Commission at the association's
location.
(k) All costs of telecommunications for regulatory
and law enforcement personnel provided under this section shall be
paid by the association and the telecommunications service may not
be interrupted at any time. To ensure minimal disruption to the Commission's
regulatory functions, the association shall ensure the Commission
staff has twenty-four hour access and keys to any telecommunications
rooms [adequate access to the telecommunications equipment]
serving regulatory and law enforcement personnel as prescribed by
the executive secretary.
(l) An association shall provide to the Commission a number of keys to the Commission offices as approved by the executive secretary.
(m) An association shall provide, inside the enclosure and in close proximity to the Commission's regulatory offices, adequate reserved parking for Commission staff.
§309.120.Parking for Licensees.
An association shall provide a lighted parking area for licensees outside the stable or kennel area.
§309.123.Internal Communication System.
(a) An association shall provide a telephone extension
and/or a two-way radio to the following [
an internal telephone communication system with outlets in]:
(1) - (13) (No change.)
(14) the location of the ambulances; [and]
(15) the outrider; [other locations
designated by the executive secretary.]
(16) the chase truck;
(17) the claims clerk;
(18) the security office; and
(19) other locations designated by the executive secretary.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803086
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
The new rule is proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The new rule implements Texas Civil Statutes, Article 179e.
§309.168.Hazardous Weather.
(a) An association shall establish and implement procedures, approved by the executive secretary, to protect race animals, licensees, employees, and patrons from hazardous weather conditions.
(b) During live racing the stewards or judges, and during non-live racing the association, shall order all individuals on association grounds to take shelter when hazardous weather occurs. The order to take shelter shall take place:
(1) before lightning-producing thunderstorms have moved to within 6 miles of the facility; or
(2) whenever the facility is within the affected area of a severe thunderstorm or tornado warning as announced by the National Weather Service.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803087
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
DIVISION 2. FACILITIES FOR HORSES
16 TAC §§309.250, 309.253 - 309.255
The amendments and new section are proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendments and new section implement Texas Civil Statutes, Article 179e.
§309.250.Test Barn.
(a) - (b) (No change.)
(c) The barn must be clean, sanitary, adequately ventilated, and safe for the horses and the individuals who handle the horses.
(d) The barn must be equipped with:
(1) a walk ring large enough to accommodate eight horses;
(2) - (3) (No change.)
(4) eight disinfected water buckets for drinking water.
(e) (No change.)
(f) The area must have only one entrance, which
must be [that is] locked or guarded at all times.
The area must have a security guard present on live race days prior to
the first race and remaining until all race horses have been released.
The guard shall:
(1) restrict access to the test barn to Commission personnel, test technicians, veterinarians, authorized licensees escorting race horses for testing, and Commission-escorted guests; and
(2) maintain an accurate log of all horses and licensees entering and leaving the test barn on a form approved by the executive secretary.
§309.253.Postmortem.
(a) - (b) (No change.)
(c) The area must be equipped with:
(1) - (2) (No change.)
(3) adequate drainage; and
(4) hot and cold water and a hose. [; and]
[(5) a locked storage area.]
(d) (No change.)
§309.254.Equine Ambulance.
(a) - (c) (No change.)
(d) The ambulance must be equipped with:
(1) (No change.)
(2) ramps or a system to lower the ambulance to ground level to load a horse;
(3) - (10) (No change.)
(e) (No change.)
§309.255.Chase Vehicle.
(a) An association shall provide a chase vehicle and driver for the commission veterinarian's use during each live performance.
(b) In addition to the driver, the association shall have at least one assistant starter accompany the commission veterinarian during each race.
(c) The chase vehicle must be able to navigate on the racetrack during all weather conditions.
(d) The chase vehicle must be large enough to provide:
(1) interior seating for at least four people; and
(2) room to store the portable screens used to shield a horse from public view.
(e) The chase vehicle shall be equipped with a five-gallon water container, a sponge, and a scraper.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803094
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Racing Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The repeals implement Texas Civil Statutes, Article 179e.
§309.251.Isolation Area.
§309.252.Treatment Area.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803099
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
The amendments are proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendments implement Texas Civil Statutes, Article 179e.
§309.294.Starting Crew.
An association shall provide a starting crew for each race
to assist in handling the horses in the starting gates. The association
shall provide one assistant starter for each horse to start in
a race. [a sufficient number of assistant starters for
the number of horses to start in a race.]
§309.296.Official Program.
(a) For each race day, an association shall prepare an official program. The official program must contain the order of the races on that day and:
(1) (No change.)
(2) for each horse listed in the program:
(A) - (D) (No change.)
(E) if the horse is eligible for participation in the
Texas Bred Incentive Program, the name or logo of the appropriate
official breed registry; [.]
(F) if the horse is a leased animal, the names of the lessee and lessor must appear on the program; and
(G) the city and state of the owner or the designated representative.
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803095
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699
DIVISION 1. FACILITIES AND EQUIPMENT
16 TAC §§309.305, 309.309, 309.311, 309.312, 309.314, 309.317
The amendments and new section are proposed under the Texas Revised Civil Statutes, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse or greyhound racing involving wagering and other rules to administer the Texas Racing Act, and §11.01, which requires the Commission to adopt rules to regulate pari-mutuel wagering on greyhound and horse racing.
The amendments and new section implement Texas Civil Statutes, Article 179e.
§309.305.Starting Boxes.
(a) (No change.)
(b) The association shall periodically inspect each
starting box to ensure its safe and effective operation. [When
the track is being used for racing or schooling, the association shall
have at least one person present on association grounds who is skilled
and qualified to maintain the starting boxes.]
(c) (No change.)
§309.309.Lockout Kennel.
(a) An association shall provide a lockout kennel that:
(1) (No change.)
(2) is air-conditioned sufficiently to maintain a temperature between 68 and 75 degrees Fahrenheit; and
(3) has sealed or ceramic floors and walls to permit
proper cleaning and disinfection. [; and]
[(4) has a one-way viewing
window to allow the trainers to view the interior of the lockout kennel.]
(b) (No change.)
(c) An association shall provide a comfortable room near [
adjacent to] the lockout kennel in which a kennel
owner or trainer may view the race. The association shall also
provide kennel owners and trainers a method for monitoring the interior
of the lockout kennel as approved by the executive secretary. [
and view the interior of the lockout kennel.]
(d) (No change.)
§309.311.Kennel Compound.
(a) An association shall provide in the kennel compound
area [:]
[(1)] not more than 18 separate kennel buildings
for the kennel owners under contract with the association. [
; and]
[(2) a separate kennel
building for greyhounds that will be participating in stake races,
designed to accommodate several trainers and their greyhounds.]
(b) - (d) (No change.)
§309.312.Turnout Pens.
Each kennel building must have at least three turnout pens. Each pen must:
(1) - (8) (No change.)
(9) have sand or a comparable material of a depth
approved by the executive secretary that is maintained in a sanitary
state. [a minimum of 12 inches of sand or a comparable
material that is replaced at least every 3 months.]
§309.314.Sprint Path.
An association shall provide, for every five [three
] kennel buildings, a sprint path located adjacent to the kennel
compound area. The sprint path must:
(1) - (4) (No change.)
(5) have a base and surface comparable to the racetrack
surface; [and]
(6) have a highly visible material at both ends; and
(7) [(6)] be maintained by the
association at all times.
§309.317.Facilities and Equipment Maintenance Personnel.
When the track is being used for racing or schooling, the association shall have at least one person present on association grounds who is skilled and qualified to maintain the starting boxes, the racing surface, and all track equipment.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 16, 2008.
TRD-200803096
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 833-6699