PART 8. TEXAS RACING COMMISSION
CHAPTER 311. OTHER LICENSES
SUBCHAPTER A. LICENSING PROVISIONS
DIVISION 1. OCCUPATIONAL LICENSES
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §311.2, Application Procedure. Section 311.2 is adopted with changes to the text as proposed in the November 17, 2023, issue of the Texas Register (48 TexReg 6712). The changes to the rule removed the planning timeline of 21 days for an applicant to submit the application form as well as clarified the language to mirror the actual licensing processed used today. This rule will be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT.
The purpose of the adopted amendment is to address the changes in the Texas Racing Act made during the 88th Legislative Session. Effective September 1, 2023, the Texas Occupations Code § 2025.260, Temporary Licenses was repealed, and the statute was amended to conform with licensing standards found in Chapter 53, Texas Occupations Code, which, among other standards applies the requirements for a criminal background check before a license is issued. The adopted rule amends §311.2 to update the language to allow for online license submissions as well as provide notice that applicants must go through a qualification process including a criminal background check before they are licensed.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended December 16, 2023. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the November 17, 2023, issue of the Texas Register (48 TexReg 6712). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code §§ 2023.057; 2025.001 which authorize TXRC adopt rules as necessary to align the Texas Rules of Racing with the updated version of the Texas Racing Act which provides the authority to implement and administer the occupational licensing program.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§ 2023.057; 2025.001.
§311.2.Application Procedure.
(a) General Requirements. To request a license from the Commission, a person must apply to the Commission on forms prescribed by the executive director.
(b) Application Submission.
(1) Except as provided in paragraphs (2) and (3) of this subsection, an applicant for an occupational license must file the appropriate application form and related documents at the licensing office at a licensed racetrack or through an online process established by the executive director. All applications must be submitted to the agency before the applicant engages in an activity that requires an occupational license under 16 TAC §311.1.
(2) Examinations. The Commission may require the applicant for an occupational license to demonstrate the applicant's knowledge, qualifications, and proficiency for the license applied for by an examination prescribed by the Commission.
(c) Issuance of License.
(1) The executive director may review any application to determine eligibility for an occupational license and deny a license based on eligibility factors set forth in the enabling statute or if the executive director or designee determines:
(A) grounds for denial of the license exist under §311.6 of this title (relating to Denial, Suspension, and Revocation of Licenses); or
(B) if the applicant or a member of the applicant's family or household currently holds a Commission license, after considering the nature of the licenses sought or held by the applicant, issuing a license to the applicant would create a conflict of interest that might affect the integrity of pari-mutuel racing.
(2) An occupational licensee may not act in any capacity other than that for which he or she is licensed.
(3) The executive director or designee may issue a license subject to the applicant satisfying one or more conditions which reasonably relate to the applicant's qualifications or fitness to perform the duties of the license sought.
(d) License Badge.
(1) The Commission shall issue a certificate identification card in the form of a license badge to each individual licensed under this subchapter.
(2) The badge must bear the seal of the Commission.
(3) The badge must contain:
(A) the licensee's full name;
(B) the licensee's photograph;
(C) the category of license;
(D) the month and year in which the license expires;
(E) a color code that designates whether the licensee has access to the stable or kennel area; and
(F) the license number assigned by the Commission.
(4) If a badge issued under this section is lost or stolen, the licensee shall immediately notify the Commission and may apply for a duplicate badge with the same terms as the original badge. To apply for a duplicate badge, the licensee must:
(A) file a sworn affidavit stating that the badge was lost, stolen, or destroyed;
(B) surrender any remaining portion of the badge; and
(C) pay a duplicate badge fee in an amount set by the Commission.
(e) License provisions for military service members, military spouses, and military veterans.
(1) The terms "military service member," "military spouse," and "military veteran" shall have the same meaning as those terms are defined in Texas Occupations Code, Chapter 55.
(2) Credit for Military Service. Military service members and military veterans will receive credit toward any experience requirements for a license as appropriate for the particular license type and the specific experience of the military service member or veteran.
(3) Credit for holding a current license issued by another jurisdiction. Military service members, military spouses, and military veterans who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the license in this state will receive credit toward any experience requirements for a license as appropriate for the particular license type.
(4) Supporting documentation must be submitted with the license application.
(5) The executive director may waive any prerequisite to obtaining a license for an applicant who is a military service member, military veteran, or military spouse, after reviewing the applicant's credentials.
(6) Expedited license procedure. As soon as practicable after a military service member, military veteran, or military spouse files an application for a license, the commission will process the application and issue the license to an applicant who qualifies under this section.
(7) License application and examination fees will be waived for the initial application of an applicant who qualifies under this subsection.
(8) Military spouse acting under out-of-state license. A military spouse who holds a racing license issued by another jurisdiction and who wishes to participate in racing in Texas under that license shall submit to the Commission the information required by Section 55.0041 of the Texas Occupations Code. Upon receipt of such information, the Commission shall determine whether the requirements of Section 55.0041 are satisfied and notify the military spouse that the person is authorized to act under that section if it confirms, through communication with the other jurisdiction or through other means, that:
(A) the jurisdiction that issued the license on which the military spouse is relying to act in Texas has substantially equivalent license requirements; and
(B) the military spouse is licensed in good standing in the other jurisdiction.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401000
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 833-6699
INTRODUCTION
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §311.101, Horse Owners. Section 311.101 is adopted without changes to the text as proposed in the November 17, 2023, issue of the Texas Register (48 TexReg 6714). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT.
The purpose of the adopted amendment is to address the changes in the Texas Racing Act made during the 88th Legislative Session. Effective September 1, 2023, the Texas Occupations Code § 2025.260, Temporary Licenses was repealed, and the statute was amended to conform with licensing standards found in Chapter 53, Texas Occupations Code, which, among other standards applies the requirements for a criminal background check before a license is issued. The adopted rule amends §311.101 to update the language to allow for online license submissions as well as provide notice that applicants must go through a qualification process including a criminal background check before they are licensed.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended December 16, 2023. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the Texas Register on November 17, 2023 (48 TexReg 6714). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings held on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The adopted rule amendment is adopted under Texas Occupations Code §§ 2023.057; 2025.001 which authorize TXRC adopt rules as necessary to align the Texas Rules of Racing with the updated version of the Texas Racing Act which provides the authority to implement and administer the occupational licensing program.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§ 2023.057; 2025.001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401001
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 833-6699
SUBCHAPTER E. TRAINING FACILITIES
INTRODUCTION
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §313.501, Training Facility License. Section 313.501 is adopted without changes to the text as proposed in the November 17, 2023, issue of the Texas Register (48 TexReg 6716). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT.
The purpose of this adopted rule is to reduce training facility licensing costs to offset any costs required by rule amendments to §313.504 and §313.505, which require increased safety protocols for equine and human athletes participating in Texas horseracing.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings held on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended December 16, 2023. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the Texas Register on November 17, 2023, (48 TexReg 6719). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
STATUTORY AUTHORITY
The adopted rule amendment is adopted under Texas Occupations Code § 2023.003; which authorizes the Commission to adopt rules as necessary to license Training Facilities that engage in activities designed to prepare equine and human athletes for live racing events.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§ 2023.003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401002
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 833-6699
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §313.504, Operational Requirements. Section 313.504 is adopted without changes to the text as proposed in the November 17, 2023, issue of the Texas Register (48 TexReg 6717). This rule will not be republished.
JUSTIFICATION
The adopted rule requires a comparable level of emergency response capabilities to address serious injuries that are currently required at licensed racetracks during live racing at training facilities when the activities performed, including schooling races, official works and exercise riding are performed in preparation for a live racing event. The requirement for an e-wagering plan to address the prohibition on wagering at training facilities is also included in the adopted rule. Additional language changes update the term "executive secretary" to "executive director" for consistency throughout the Texas Rules of Racing.
HOW THE RULE WILL FUNCTION
The adopted rule requires an increased presence of staff and safety protocols for activities conducted in preparation for live horse races to prevent and respond to injuries during periods where training facilities are operating.
SUMMARY OF COMMENTS
No comments were received by the agency during the period when the proposed rules were posted for public comment in the Texas Register.
STATUTORY AUTHORITY
The adopted rule amendment is adopted under Texas Occupations Code § 2023.003; which authorizes the Commission to adopt rules as necessary to license Training Facilities that engage in activities designed to prepare equine and human athletes for live racing events.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§ 2023.003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401003
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 833-6699
INTRODUCTION
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §313.505, Workout Requirements. Section 313.505 is adopted without changes to the text as proposed in the November 17, 2023, issue of the Texas Register (48 TexReg 6719). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT.
The purpose of this adopted rule is to reduce training facility licensing costs to offset any costs required by rule amendments to §313.504 and §313.505, which require increased safety protocols for equine and human athletes participating in Texas horseracing.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended December 16, 2023. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the Texas Register on November 17, 2023 (48 TexReg 6719). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings held on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The adopted rule amendment is adopted under Texas Occupations Code § 2023.003; which authorizes the Commission to adopt rules as necessary to regulate Training Facilities that engage in activities designed to prepare equine and human athletes for live racing events.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§ 2023.003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401028
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 833-6699
SUBCHAPTER A. MUTUEL OPERATIONS
DIVISION 1. GENERAL PROVISIONS
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §321.1, Definitions and General Provisions. Section 321.1 is adopted with changes to the text to correct capitalization and alphabetization as proposed in the December 29, 2023, issue of the Texas Register (48 TexReg 8088). This rule will be republished.
EXPLANATION AND JUSTIFICATION FOR THE 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. The adopted rule more accurately describes the systems used to protect the betting public as well as modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended January 28, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8088). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings held on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code § 2027.002; which authorizes the Commission to adopt rules as necessary to regulate pari-mutuel wagering activities to protect the betting public and to modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code § 2027.002.
§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) Export simulcast--a race simulcast from a racetrack facility.
(5) 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) 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) 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) Import simulcast--a simulcast race received at a racetrack facility.
(9) 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) Log--an itemized list of each command, inquiry, or transaction given to a computer during operation.
(11) 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) 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) Multi-leg wager--a wagering pool that involves more than one race.
(14) 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) 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) Report--a summary of betting activity.
(17) Resultant--the profit-per-dollar wagered in a pari-mutuel pool computation.
(18) Ticketless Electronic Wagering (E-wagering)--
(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) TIM--ticket-issuing machine.
(20) TIM-to-Tote network--a wagering network consisting of a single central processing unit and the TIMs at any number of remote sites.
(21) Totalisator operator--the individual assigned to operate the totalisator system at a racetrack facility.
(22) Totalisator system--a computer system that registers and computes the wagering and payoffs in pari-mutuel wagering.
(23) Tote-to-tote network--a wagering network in which each wagering location has a central processing unit.
(24) 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 adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401004
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 833-6699
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §321.21, Certain Wagers Prohibited. Section 321.21 is adopted without changes to the text as proposed in the December 29, 2023, issue of the Texas Register (48 TexReg 8090). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE 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. The adopted rule incorporates the statutory authority under Texas Occupations Code § 2027.002 to clarify the limits of e-wagering systems.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended January 28, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8090). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code § 2027.002; which authorizes the Commission to adopt rules as necessary to regulate pari-mutuel wagering activities to protect the betting public and to modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code § 2027.002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401005
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 833-6699
DIVISION 1. GENERAL PROVISIONS
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §321.413, Duties of Guest Racetrack. Section 321.413 is adopted without changes to the text as proposed in the December 29, 2023, issue of the Texas Register (48 TexReg 8091). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT.
The purpose of this rule amendment is to modernize the language used to appropriately describe systems, procedures and technology changes in wagering systems authorized in the Texas Occupations Code § 2027.002. The adopted rule more accurately describes the systems and processes used to protect the betting public and modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended January 28, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8091). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code § 2027.002; which authorizes the Commission to adopt rules as necessary to regulate pari-mutuel wagering activities to protect the betting public and to modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code § 2027.002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401006
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 833-6699
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §321.417, Emergency Procedures. Section 321.417 is adopted without changes to the text as proposed in the December 29, 2023, issue of the Texas Register (48 TexReg 8093). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE 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. The adopted rule more accurately describes the systems and procedures used to protect the betting public as well as modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended January 28, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8093). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code § 2027.002; which authorizes the Commission to adopt rules as necessary to regulate pari-mutuel wagering activities to protect the betting public and to modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code § 2027.002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401007
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 833-6699
DIVISION 1. CONDUCT OF E-WAGERING
The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §321.607, E-Wagering Account Restrictions. Section 321.607 is adopted without changes to the text as proposed in the December 29, 2023, issue of the Texas Register (48 TexReg 8094). This rule will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE 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. The adopted rule more accurately describes the systems used to protect the betting public as well as modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
PUBLIC COMMENTS
The deadline for public comments and the 30-day comment period ended January 28, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8094). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.
COMMISSION ACTION
At its meeting on February 14, 2024, the Commission adopted the proposed rule amendment as recommended by the Rules Committee which held open meetings on October 30, 2023, and January 25, 2024.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.
The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).
STATUTORY AUTHORITY
The rule amendment is adopted under Texas Occupations Code § 2027.002; which authorizes the Commission to adopt rules as necessary to regulate pari-mutuel wagering activities to protect the betting public and to modernizes the terms used to describe the totalisator systems in use at licensed racetracks.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code § 2027.002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2024.
TRD-202401008
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: March 27, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 822-6699