Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 321 - PARI-MUTUEL WAGERING › Subchapter D - SIMULCAST WAGERING › Division 3 - SIMULCASTING AT HORSE RACETRACKS › Section 321.505 - Allocation of Purses and Funds for Texas Bred Incentive Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Purses.
(1) An association shall recommend the
					 percentages by which it will divide the purse revenue generated from
					 simulcasting among the various breeds of horses. The percentages are subject to
					 the approval of the Commission.
(2)
					 Negotiations.
(A) At least 30 days before
					 recommending the percentages, the association shall begin negotiations with the
					 organizations recognized by the Commission or in the Act as representatives of
					 horse owners, trainers, and/or breeders.
(B) When requested, the association shall
					 provide the material specified in paragraph (3) of this subsection to the
					 organizations recognized by the Commission or in the Act as representatives of
					 horse owners, trainers, and/or breeders.
(3) When requesting Commission approval of
					 the percentages, the association shall present in writing studies, statistics,
					 or other documentation supporting the association's application of the criteria
					 in paragraph (4) of this subsection in its proposed division.
(4) The Commission may consider the following
					 criteria in evaluating whether to approve the association's proposed division
					 of purse revenue:
(A) local public interest
					 in each breed as demonstrated by, but not limited to, the following factors:
(i) live handle by breed;
(ii) simulcast import handle by
					 breed;
(iii) live attendance at the
					 racetracks; and
(iv) sales and
					 market survey information.
(B) earnings generated by the association
					 from each breed;
(C) national
					 public interest in each breed as determined by the live simulcast export handle
					 of each Texas meet;
(D) racetrack
					 race date request and opportunities given to each breed; and
(E) availability of and ability to attract
					 competitive horses.
(5)
					 If the Commission determines that the association's proposed division of purse
					 revenue is inconsistent with the association's obligation to accord reasonable
					 access to races for all breeds of horses, the Commission may:
(A) require the association to submit
					 additional information supporting its recommendation for consideration at the
					 next Commission meeting;
(B) reject
					 the association's recommendation and require the association to submit a new
					 recommendation for consideration at the next Commission meeting; or
(C) reject the association's recommendation
					 and approve an alternate division of purse revenue as determined by the
					 Commission.
(6) In lieu
					 of the process outlined in paragraphs (3) - (5) of this subsection, the
					 association may submit a signed agreement between the association and the
					 organizations referenced in paragraph (2) of this subsection for the Commission
					 to consider for approval. For the Commission to approve the agreement, the
					 agreement must:
(A) delineate the percentages
					 by which the association will divide the purse revenue generated from
					 simulcasting among the various breeds of horses; and
(B) be signed by the association and all
					 organizations referenced in paragraph (2) of this subsection.