PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
SUBCHAPTER X. PARI-MUTUEL WAGERING RACING REVENUE
The Comptroller of Public Accounts proposes amendments to §3.641, concerning pari-mutuel wagering. The proposed amendments allow the association to file the pari-mutuel wagering forms and reports to the comptroller by electronic transmission. Subsection (b)(4), (6), and (7) are amended accordingly. Also, subsection (e)(4) is being amended for consistency in referencing statute.
John Heleman, Chief Revenue Estimator, has determined that for the first five-year period the rule will be in effect, there will be no significant revenue impact on the state or units of local government.
Mr. Heleman also has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be by allowing technological improvements to improve methods for submitting pari-mutuel reports and the state's share of pari-mutuel pools to the comptroller. This rule is proposed under Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no significant anticipated economic cost to individuals who are required to comply with the proposed rule.
Comments on the proposal may be submitted to Nancy Wilkins, Audit Division, P.O. Box 13528, Austin, Texas 78711.
The amendments are proposed under Tax Code, §111.002 and §111.0022, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2, and taxes, fees, or other charges which the comptroller administers under other law.
The proposal implements Texas Racing Act, Texas Civil Statutes, Title 6, Article 179e, §4.03.
§3.641.Pari-mutuel Wagering.
(a) (No change.)
(b) Collection and remittance of the state's share from live and simulcast pari-mutuel pools; reports to the comptroller.
(1) - (3) (No change.)
(4) Upon remitting the state's share of the pari-mutuel pools to the comptroller, the association shall report by telephone to a data collection center designated by the comptroller the information shown on a pari-mutuel wagering deposit report form promulgated by the comptroller. The association shall also transmit a copy of the completed form to the comptroller by telephone line and by electronic transmission or by high-resolution facsimile equipment.
(5) (No change.)
(6) The association shall transmit a copy of the completed reports to the comptroller by electronic transmission or by facsimile equipment no later than the end of the next banking day following the performance. If problems exist in electronic or in telephone transmission or there is other breakdown in the facsimile equipment or electronic transmission, and copies of the reports cannot be transmitted, then associations shall notify the comptroller by telephone of such problems and discuss alternative reporting procedures.
(7) Originals of the reports that are transmitted to the comptroller by electronic transmission or by facsimile equipment shall be preserved in chronological order with other association records. These reports shall be available and furnished to the comptroller upon request.
(c) - (d) (No change.)
(e) Audit; appeal of audit findings.
(1) - (3) (No change.)
(4) An association may dispute any audit findings of
the comptroller through the same procedures available to dispute audit
findings under Tax Code, Title 2[, Tax Code].
(f) (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 March 13, 2009.
TRD-200901069
Martin Cherry
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: April 26, 2009
For further information, please call: (512) 475-0387