PART 8. TEXAS RACING COMMISSION
CHAPTER 321. PARI-MUTUEL WAGERING
SUBCHAPTER A. MUTUEL OPERATIONS
DIVISION 1. GENERAL PROVISIONS
The Texas Racing Commission (TXRC) proposes amendments to an existing rule in Texas Administrative Code, Title 16, Part 8, Chapter 321, Subchapter A, Division 1, §321.1, Definitions and General Provisions, concerning the pari-mutuel wagering procedures. This amendment is referred to as a "proposed rule amendment." The purpose of these rule amendment is to modernize the language used to appropriately describe technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002.
SECTION-BY-SECTION SUMMARY.
The proposed rule amends §321.1 to update definitions related to e-wagering activities and systems authorized in the Texas Occupations Code § 2027.002.
GOVERNMENT GROWTH IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rules will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code § 2001.022.
For each year of the first five years the proposed rules will be in effect, Amy F. Cook, Executive Director has determined the following:
The proposed rule amendment does not create or eliminate a government program.
Implementation of the proposed rule amendment does not require the creation of new employee positions or the elimination of existing employee positions.
Implementation of the proposed rule amendment does not require an increase or decrease in future agency legislative appropriations.
The proposed rule amendment does not require an increase or decrease in fees paid to the agency.
The proposed rule amendment does not create a new regulation.
The proposed rule amendment does expand, limit, or repeal an existing regulation.
The proposed rules do not increase or decrease the number of individuals subject to the proposed rule amendment's applicability.
The proposed rule amendment does not positively or adversely affect this state's economy.
ECONOMIC IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code § 2006.002, is not required.
REGULATORY FLEXIBILITY ANALYSIS.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code § 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code § 2001.024(A)(6).
COST-BENEFIT ANALYSIS.
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected benefit the State of Texas by accurately describing technology changes in pari-mutuel wagering systems which will assist licensed racetrack associations in providing wagering opportunities in the enclosed area of a racetrack authorized in Texas Occupations Code § 2027.002.
FISCAL NOTE ANALYSIS.
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
PUBLIC COMMENTS.
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, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by telephone at (512) 833-6699.
STATUTORY AUTHORITY.
The amendments are proposed under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.
No other statute, code, or article is affected by the proposed amendments.
§321.1.Definitions and General Provisions.
(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) ASCII formatted flat file--A data file containing structured data which is both record and field delimited containing only characters found in the American Standard Code for Information Interchange (ASCII) specification.
(2) Betting interest--a single race animal or a group of race animals coupled pursuant to the Rules which the totalisator system designates as an interest on which a patron may wager.
(3) Closed-loop subscriber-based system - a system with a minimum of a device or combination of devices authorized and operated for placing, receiving, or otherwise making a wager and by which a person must subscribe in order to be able to place, receive, or otherwise make a bet or wager that has an effective customer verification and age verification system; and appropriate data security standards to prevent unauthorized access to a person.
(4) [(3)] Export simulcast--a
race simulcast from a racetrack facility.
(5) [(4)] Firmware--The system
software permanently stored in a computer or ticket issuing machine's
read-only memory or elsewhere in the circuitry that cannot be modified
by the user.
(6) [(5)] Guest racetrack--a
racetrack facility at which a simulcast race is received and offered
for wagering purposes; a receiving location, as defined in the Act, §2021.003.
(7) [(6)] Host racetrack--a racetrack
facility at which a race is conducted and simulcast for wagering purposes;
a sending track, as defined in the Act, §2021.003.
(8) [(7)] Import simulcast--a
simulcast race received at a racetrack facility.
(9) [(8)] Intelligent Terminal--a
terminal or peripheral device which contains code extending beyond
that which is necessary to allow the terminal to communicate with
the central controlling device to which it is directly attached or
to control the presentation of data on the display unit of the device.
(10) [(9)] Log--an itemized list
of each command, inquiry, or transaction given to a computer during operation.
(11) [(10)] Major Revision--a
specific release of a hardware or software product, including additional
functionality, major user interface revisions, or other program changes
that significantly alter the basic function of the application.
(12) [(11)] Minor Revision--an
incrementally improved version of hardware or software, usually representing
an error (bug) fix, or a minor improvement in program performance
which does not alter basic functionality.
(13) [(12)] Multi-leg wager--a
wagering pool that involves more than one race.
(14) [(13)] Player Tracking System--a
system that provides detailed information about pari-mutuel play activity
of patrons who volunteer to participate. The system can be used to
customize highly specific promotions and tailor rewards to encourage
incremental visits by patrons. The system should be able to produce
customized informational reports based on such parameters as type
of wager, type of race, favorite race meet, or other parameters deemed
helpful by the association in supporting the patron.
(15) [(14)] Remote site--a racetrack
or other location at which wagering is occurring that is linked via
the totalisator system to a racetrack facility for pari-mutuel wagering purposes.
(16) [(15)] Report--a summary
of betting activity.
(17) [(16)] Resultant--the profit-per-dollar
wagered in a pari-mutuel pool computation.
(18) [(17)] Ticketless Electronic
Wagering (E-wagering)-- [a form of pari-mutuel wagering in which
wagers are placed and cashed through an electronic ticketless account
system operated through a licensed totalisator vendor in accordance
with §2027.002 of this Act. Wagers are automatically debited
and credited to the account holder.]
(A) a form of pari-mutuel wagering in which wagers are placed and cashed through a licensed totalisator vendor via an electronic ticketless account system operated in accordance with §2021.002 of this Act; or
(B) a closed-loop subscriber-based system, which includes:
(i) a device or combination of devices authorized and operated for placing, receiving, or otherwise making a wager and by which a person must subscribe to be able to place, receive, or otherwise make a bet or wager;
(ii) an effective customer verification and age verification system; and
(iii) appropriate data security standards to prevent unauthorized access to a person:
(I) who seeks to make a bet or wager outside the racetrack's enclosure;
(II) who seeks to make a bet or wager on any live or simulcast race not available to other persons within the racetrack's enclosure; and
(III) who is a minor; and
(C) Where wagers are automatically debited and credited to the account holder.
(19) [(18)] TIM--ticket-issuing machine.
(20) [(19)] TIM-to-Tote network--a
wagering network consisting of a single central processing unit and
the TIMs at any number of remote sites.
(21) [(20)] Totalisator system--a
computer system that registers and computes the wagering and payoffs
in pari-mutuel wagering.
(22) [(21)] Totalisator operator--the
individual assigned to operate the totalisator system at a racetrack facility.
(23) [(22)] Tote-to-tote network--a
wagering network in which each wagering location has a central processing unit.
(24) [(23)] User--a totalisator
company employee authorized to use the totalisator system in the normal
course of business.
(b) A reference in this chapter to the mutuel manager includes the mutuel manager's designee, in accordance with §313.53 of this title (relating to Mutuel Manager) or §315.36 of this title (relating to Mutuel Manager.)
(c) A request required to be made in writing under this chapter may be transmitted via hand delivery, e-mail, facsimile, courier service, or U.S. mail.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 13, 2023.
TRD-202304701
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 822-6699
The Texas Racing Commission (TXRC) proposes amendments to an existing rule in Texas Administrative Code, Title 16, Part 8, Chapter 321, Subchapter A, Division 1, §321.21, Certain Wagers Prohibited, concerning the pari-mutuel wagering procedures. This amendment is referred to as a "proposed rule amendment." The purpose of this amendment is to modernize the language used to appropriately describe technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002.
SECTION-BY-SECTION SUMMARY.
The proposed rule amendment §321.2 to incorporate Texas Occupations Code § 2027.002 into the e-wagering rules.
GOVERNMENT GROWTH IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rules will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code § 2001.022.
For each year of the first five years the proposed rules will be in effect, Amy F. Cook, Executive Director has determined the following:
The proposed rule amendment does not create or eliminate a government program.
Implementation of the proposed rule amendment does not require the creation of new employee positions or the elimination of existing employee positions.
Implementation of the proposed rule amendment does not require an increase or decrease in future agency legislative appropriations.
The proposed rule amendment does not require an increase or decrease in fees paid to the agency.
The proposed rule amendment does not create a new regulation.
The proposed rule amendment does expand, limit, or repeal an existing regulation.
The proposed rules do not increase or decrease the number of individuals subject to the proposed rule amendment's applicability.
The proposed rule amendment does not positively or adversely affect this state's economy.
ECONOMIC IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code § 2006.002, is not required.
REGULATORY FLEXIBILITY ANALYSIS.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code § 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code § 2001.024(A)(6).
COST-BENEFIT ANALYSIS.
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected benefit the State of Texas by accurately describing technology changes in pari-mutuel wagering systems which will assist licensed racetrack associations in providing wagering opportunities in the enclosed area of a racetrack authorized in Texas Occupations Code § 2027.002.
FISCAL NOTE ANALYSIS.
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
PUBLIC COMMENTS.
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, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by telephone at (512) 833-6699.
STATUTORY AUTHORITY.
The amendments are proposed under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.
No other statute, code, or article is affected by the proposed amendments.
§321.21.Certain Wagers Prohibited.
(a) Except as otherwise provided by Section 2027.002
of the Act, an [An] association may not accept a
wager made by mail, by telephone, or by internet. A data communications
link for common pooling purposes is not considered a wager for purposes
of this section.
(b) An association may not accept a wager made on credit.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 13, 2023.
TRD-202304702
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 833-6699
DIVISION 1. GENERAL PROVISIONS
The Texas Racing Commission (TXRC) proposes amendments to an existing rule in Texas Administrative Code, Title 16, Part 8, Chapter 321, Subchapter D, Division 1, General Provisions §321.413, Duties of Guest Racetrack, concerning the pari-mutuel wagering procedures. This amendment is referred to as a "proposed rule amendment." The purpose of these rule amendment is to modernize the language used to appropriately describe technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002.
SECTION-BY-SECTION SUMMARY.
The proposed rule amends §321.1 to update definitions related to e-wagering activities and systems authorized in the Texas Occupations Code § 2027.002.
GOVERNMENT GROWTH IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rules will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code § 2001.022.
For each year of the first five years the proposed rules will be in effect, Amy F. Cook, Executive Director has determined the following:
The proposed rule amendment does not create or eliminate a government program.
Implementation of the proposed rule amendment does not require the creation of new employee positions or the elimination of existing employee positions.
Implementation of the proposed rule amendment does not require an increase or decrease in future agency legislative appropriations.
The proposed rule amendment does not require an increase or decrease in fees paid to the agency.
The proposed rule amendment does not create a new regulation.
The proposed rule amendment does expand, limit, or repeal an existing regulation.
The proposed rules do not increase or decrease the number of individuals subject to the proposed rule amendment's applicability.
The proposed rule amendment does not positively or adversely affect this state's economy.
ECONOMIC IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code § 2006.002, is not required.
REGULATORY FLEXIBILITY ANALYSIS.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code § 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code § 2001.024(A)(6).
COST-BENEFIT ANALYSIS.
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected benefit the State of Texas by accurately describing technology changes in pari-mutuel wagering systems which will assist licensed racetrack associations in providing wagering opportunities in the enclosed area of a racetrack authorized in Texas Occupations Code § 2027.002.
FISCAL NOTE ANALYSIS.
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
PUBLIC COMMENTS.
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, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by telephone at (512) 833-6699.
STATUTORY AUTHORITY.
The amendments are proposed under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.
No other statute, code, or article is affected by the proposed amendments.
§321.413.Duties of [Of] Guest Racetrack.
(a) An association that conducts pari-mutuel wagering on a simulcast import acts as a guest racetrack on those dates. The guest racetrack shall:
(1) provide adequate communication facilities, enabling pari-mutuel data transmissions and data communications between totalisator systems of the host racetrack and the guest racetrack;
(2) if the guest racetrack participates in common pools,
provide a direct telephone line and a facsimile machine, or other
means approved by the executive director [secretary],
located in the mutuel area to transmit information to the host racetrack
in case of a system failure; and
(3) display the audio and video signals of the races being simulcast to the patrons, unless the patrons otherwise have access to the program and race information for the simulcast races available within the racetrack's enclosure.
(b) After each simulcast performance, the guest racetrack shall provide the reports of its parimutuel operations required by Subchapters A and B of this chapter.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 13, 2023.
TRD-202304703
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 833-6699
The Texas Racing Commission (TXRC) proposes amendments to an existing rule in Texas Administrative Code, Title 16, Part 8, Chapter 321, Subchapter D, Division 1, General Provisions §321.417, Emergency Procedures, concerning the pari-mutuel wagering procedures. This amendment is referred to as a "proposed rule amendment." The purpose of these rule amendment is to modernize the language used to appropriately describe technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002.
SECTION-BY-SECTION SUMMARY.
The proposed rule amends §321.417 to update definitions related to e-wagering activities and systems authorized in the Texas Occupations Code § 2027.002.
GOVERNMENT GROWTH IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rules will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code § 2001.022.
For each year of the first five years the proposed rules will be in effect, Amy F. Cook, Executive Director has determined the following:
The proposed rule amendment does not create or eliminate a government program.
Implementation of the proposed rule amendment does not require the creation of new employee positions or the elimination of existing employee positions.
Implementation of the proposed rule amendment does not require an increase or decrease in future agency legislative appropriations.
The proposed rule amendment does not require an increase or decrease in fees paid to the agency.
The proposed rule amendment does not create a new regulation.
The proposed rule amendment does expand, limit, or repeal an existing regulation.
The proposed rules do not increase or decrease the number of individuals subject to the proposed rule amendment's applicability.
The proposed rule amendment does not positively or adversely affect this state's economy.
ECONOMIC IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code § 2006.002, is not required.
REGULATORY FLEXIBILITY ANALYSIS.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code § 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code § 2001.024(A)(6).
COST-BENEFIT ANALYSIS.
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected benefit the State of Texas by accurately describing technology changes in pari-mutuel wagering systems which will assist licensed racetrack associations in providing wagering opportunities in the enclosed area of a racetrack authorized in Texas Occupations Code § 2027.002.
FISCAL NOTE ANALYSIS.
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
PUBLIC COMMENTS.
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, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by telephone at 512-833-6699.
STATUTORY AUTHORITY.
The amendments are proposed under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.
No other statute, code, or article is affected by the proposed amendments.
§321.417.Emergency Procedures.
(a) If an association is unable to establish or to maintain the audio or video signal from a host racetrack of any races for which the association is displaying the audio and video signal, the association shall immediately notify the host racetrack of the lost signal and may continue to accept wagers for four hours while attempting to establish the signal.
(b) If after four hours the audio or video signal cannot be established the association may continue to accept wagers on the signal provided:
(1) the mutuel manager makes an announcement to the public informing them that due to technical difficulties the audio or video signal has been lost;
(2) the association transmits the odds on the affected race to the video department to be displayed to the patrons; and
(3) the totalisator operator locks all wagering on the affected race at zero minutes to post to ensure the integrity and transfer of the wagering pools.
(c) If the host racetrack loses the ability to transmit the audio or video signal, the host racetrack:
(1) shall notify all guest racetracks of the technical difficulties being experienced;
(2) may continue to accept wagers from the guest racetracks on that day's races; and
(3) may not accept wagers from the guest racetracks for subsequent race days until the technical difficulties have been corrected.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 13, 2023.
TRD-202304704
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 833-6699
DIVISION 1. CONDUCT OF E-WAGERING
The Texas Racing Commission (TXRC) proposes amendments to an existing rule in Texas Administrative Code, Title 16, Part 8, Chapter 321, Subchapter E, Division 1, §321.607, Conduct of E-Wagering, concerning the pari-mutuel wagering procedures. This amendment is referred to as a "proposed rule amendment." The purpose of this rule amendment is to modernize the language used to appropriately describe technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002.
SECTION-BY-SECTION SUMMARY.
The proposed rule amends §321.607 to update definitions related to e-wagering activities and systems authorized in the Texas Occupations Code § 2027.002.
GOVERNMENT GROWTH IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rules will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code § 2001.022.
For each year of the first five years the proposed rules will be in effect, Amy F. Cook, Executive Director has determined the following:
The proposed rule amendment does not create or eliminate a government program.
Implementation of the proposed rule amendment does not require the creation of new employee positions or the elimination of existing employee positions.
Implementation of the proposed rule amendment does not require an increase or decrease in future agency legislative appropriations.
The proposed rule amendment does not require an increase or decrease in fees paid to the agency.
The proposed rule amendment does not create a new regulation.
The proposed rule amendment does expand, limit, or repeal an existing regulation.
The proposed rules do not increase or decrease the number of individuals subject to the proposed rule amendment's applicability.
The proposed rule amendment does not positively or adversely affect this state's economy.
ECONOMIC IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code § 2006.002, is not required.
REGULATORY FLEXIBILITY ANALYSIS.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code § 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT.
Amy F. Cook, Executive Director, has determined that the proposed amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code § 2001.024(A)(6).
COST-BENEFIT ANALYSIS.
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected to benefit the State of Texas by accurately describing technology changes in pari-mutuel wagering systems which will assist licensed racetrack associations in providing wagering opportunities in the enclosed area of a racetrack authorized in Texas Occupations Code § 2027.002.
FISCAL NOTE ANALYSIS.
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
PUBLIC COMMENTS.
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, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by telephone at (512) 833-6699.
STATUTORY AUTHORITY.
The amendments are proposed under Tex. Occ. Code § 2023.004, which authorizes the Commission to adopt rules to administer the Act.
No other statute, code, or article is affected by the proposed amendments.
§321.607.E-Wagering Account Restrictions.
(a) The mutuel manager of an association shall establish and manage E-wagering within an association's enclosure.
(b) The making and acceptance of wagers over the communications
facility known as the "Internet" or "telephone" is prohibited, [.]except as otherwise permitted by §2027.002 of the
Act.
(c) An association may accept deposits to an account
only in the form of cash, cashier's check, money order, or other method
determined by the executive director [secretary]
to be a cash equivalent.
(d) The association may not accept wagers in an amount that exceeds the account balance.
(e) An account holder must be at least 21 years of age.
(f) An account holder is responsible for all activity associated with his or her account.
(g) An association may use E-wagering devices only
if the devices are connected to the totalisator system [.] either directly or via a closed-loop subscriber-based system.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 13, 2023.
TRD-202304705
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 833-6699