PART 8. TEXAS RACING COMMISSION
CHAPTER 309. RACETRACK LICENSES AND OPERATIONS
SUBCHAPTER D. GREYHOUND RACETRACKS
DIVISION 1. FACILITIES AND EQUIPMENT
16 TAC §309.307
The Texas Racing Commission (Commission) proposes
an amendment to 16 TAC §309.307, Lures, relating to the lures
used in greyhound racing. The change adds the requirement that a greyhound
lure have an audible squawker at the escape.
Charla Ann King, Executive Director for the Texas Racing Commission,
has determined that for the first five year period the amendment is
in effect there will be no fiscal implications for state or local
government as a result of enforcing the amendment.
Ms. King has also determined that for each year of the first five
years the amendment is in effect the anticipated public benefit will
be to assist in the stopping and recalling of the greyhounds at the
end of a race.
The rule 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 proposed amendment.
All comments or questions regarding the proposed amendment may
be submitted in writing within 30 days following publication of this
notice in the Texas Register to Carolyn
Weiss, Assistant to the Executive Director for the Texas Racing Commission,
at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699,
or fax (512) 833-6907.
The amendment is proposed under the Texas Revised Civil
Statutes, Article 179e, §3.02, which authorizes the Commission
to make rules relating exclusively to horse and greyhound racing.
The amendment implements Texas Civil Statutes, Article 179e.
§309.307.Lures.
An association shall provide an inside dual equipped lure with
an extendable arm and an audible squawker at the escape.
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 24, 2009.
TRD-200902606
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 9, 2009
For further information, please call: (512) 833-6699
16 TAC §309.355, §309.363
The Texas Racing Commission (Commission) proposes
amendments to 16 TAC §309.355, Grading System, and §309.363,
Official Program. Section 309.355 relates to the grading system used
by greyhound racetracks to create races in which each participating
greyhound will be competitive. Section 309.363 relates to the required
program printed by a racetrack that lists information about each of
the races and the participants that will be competing in those races
on a particular day.
The changes to §309.355 enable tracks to keep more greyhounds
on the active list by permitting a racing secretary to advance a 2nd
through 4th place greyhound in a maiden or Grade J race to a Grade
D or Grade C level. The current rule only allows an advance to a Grade
C level.
The change to §309.363 requires the greyhound racetracks to
publish the Texas-bred emblem in the program to identify any accredited
Texas-bred greyhounds.
Charla Ann King, Executive Director for the Texas Racing Commission,
has determined that for the first five year period the amendment is
in effect there will be no fiscal implications for state or local
government as a result of enforcing the amendment.
Ms. King has also determined that for each year of the first five
years the amendment is in effect the anticipated public benefit will
be to identify and support participation in the state's accredited
Texas-bred program.
The rule 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 proposed amendment.
All comments or questions regarding the proposed amendment may
be submitted in writing within 30 days following publication of this
notice in the Texas Register to Carolyn
Weiss, Assistant to the Executive Director for the Texas Racing Commission,
at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699,
or fax (512) 833-6907.
The amendments are proposed under the Texas Revised Civil
Statutes, Article 179e, §3.02, which authorizes the Commission
to make rules relating exclusively to horse and greyhound racing,
and §11.01, which requires the Commission to adopt rules regulating
pari-mutuel wagering on greyhound and horse racing.
The amendments implement Texas Civil Statutes, Article 179e.
§309.355.Grading System.
(a) - (b) (No change.)
(c) The racing secretary shall use seven grades of
AA, A, B, C, J, D, and M. Grade M is for maidens
of any age and
Grade J is for winning maidens.
(d) - (e) (No change.)
(f) The racing secretary shall advance a greyhound
that wins a maiden race to Grade J. The racing secretary shall advance
a greyhound that wins a Grade J race to Grade C. On request by a kennel
owner or trainer, the racing secretary may
regrade [
(g) - (n) (No change.)
(o) [
§309.363.Official Program.
(a) (No change.)
(b) The official program must contain at least two
past performances for each greyhound scheduled to race. The program
must also contain, for each greyhound scheduled to race:
(1) - (10) (No change.)
(11) the Texas-bred emblem if the
greyhound is an accredited Texas-bred; and
(12) [
(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 24, 2009.
TRD-200902607
Mark Fenner
General Counsel
Texas Racing Commission
Earliest possible date of adoption: August 9, 2009
For further information, please call: (512) 833-6699
SUBCHAPTER A. OFFICIALS
DIVISION 2. DUTIES
DIVISION 2. OPERATIONSadvance
] a greyhound that finishes second, third, or fourth in a maiden
or a Grade J race to Grade D or C. For a greyhound regraded
on request under this subsection, an association shall place the letter
"M" or "J" after the greyhound's name in the racing program.
[(o) A greyhound that has
advanced from Grade M and has been dropped from further racing without
winning another official start may be requalified after a period of
30 days.]
(p)] If a maiden fails to
finish in the top four positions in six consecutive starts, the maiden
may not race again at the race meeting until it requalifies. If the
maiden fails to finish in the top four positions in the two starts
after requalifying, the maiden may not race again at the race meeting.
(11)] other information
to enable the public to properly judge the greyhound's ability.
CHAPTER 315. OFFICIALS AND RULES FOR GREYHOUND RACING