reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.7 - Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  shall employ an executive secretary who shall employ other employees necessary
				  to implement, administer, and enforce the Act.
(b) The commission and the executive
				  secretary may not employ or continue to employ a person:
(1) who owns or controls a financial interest
				  in a licensee of the commission;
(2) who is employed by or serves as a paid
				  consultant to a licensee of the commission, an official breed registry, or a
				  Texas trade association, as defined by the Act,§2.071(c), in the field of
				  horse or greyhound racing or breeding;
(3) who owns or leases a race animal that
				  participates in pari-mutuel racing in this state; or
(4) who accepts or is entitled to a part of
				  the purse or Texas-bred incentive award to be paid on a greyhound or a horse in
				  a race held in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.8 - Executive Secretary

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive secretary serves at the pleasure of the commission on a full-time
				  basis and may not hold other employment. The executive secretary shall
				  administer the programs of the agency and has all powers necessary for such
				  administration, as well as any specific duties assigned or functions delegated
				  by the commission.
(b) The
				  executive secretary shall maintain the records of the commission and ensure the
				  agency's compliance with the open records and records retention laws.
(c) The executive secretary shall establish
				  the organizational structure of the agency's employees, including the
				  establishment of various divisions within the agency. The executive secretary
				  shall prescribe the duties and compensation for all other commission employees,
				  subject to the commission's approval of the budget. The executive secretary
				  shall adopt personnel policies and other internal operating policies and
				  procedures. The executive secretary shall develop the departmental budgets to
				  allocate expenditures within the agency based on the approved agency operating
				  budget.
(d) The executive secretary
				  shall prepare and file all agency reports required by law that are
				  retrospective in nature, such as the annual financial report and periodic
				  reports on performance measures.
(e) The executive secretary shall enforce the
				  Act, the rules, and the orders of the commission, including determining the
				  method of enforcement, the amount of penalties, the issuance of preliminary
				  reports for administrative penalties, and the development of enforcement
				  guidelines for use by the stewards and racing judges.
(f) The executive secretary shall issue
				  occupational licenses and training facility licenses in accordance with the
				  criteria established in the Act and the rules. The executive secretary shall
				  review all applications for racetrack licenses and licenses to conduct race
				  meetings and make a report to the commission regarding the issuance of such
				  licenses.
(g) Except as otherwise
				  provided by a rule of the commission, if the commission places a duty on the
				  executive secretary, by rule or otherwise, the executive secretary may delegate
				  that duty to another employee of the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.9 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  otherwise provided by the Act, Commission records are subject to the Texas Open
				  Records law, Government Code, Chapter 552.
(b) To inspect Commission records, a person
				  must make a request to the executive secretary. The executive secretary may
				  require the request to be made in writing.
(c) A person may not remove an original
				  record from the offices of the Commission without the approval of the executive
				  secretary.
(d) A person requesting
				  to inspect a Commission record must pay all costs involved in preparing or
				  copying the record. The Commission adopts the suggested charges promulgated by
				  the Texas Building and Procurement Commission for providing copies of public
				  information at 1 TAC § 111.63 and Government Code §
										RSA
				  552.261.
(e) If the Commission mails a copy of
				  Commission record to a person requesting to inspect the record, the Commission
				  may also charge the person for the appropriate amount of postage.
(f) The executive secretary may establish
				  written procedures for inspection of Commission records consistent with the
				  state's open records requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.10 - Investigatory Files

Current through Reg. 49, No. 28; July 12, 2024
The commission may create or maintain an investigatory file
					 on any applicant or licensee. The investigatory file must relate to a
					 background investigation, complaint, alleged violation or other regulatory
					 matter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.11 - Vacancies on the Commission

Current through Reg. 49, No. 28; July 12, 2024
If a vacancy occurs on the commission, the chairman shall
					 call a special meeting to request the governor to appoint a new member to fill
					 the vacancy. If the vacancy occurs in the office of the chairman, the vice
					 chairman shall call the special meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.12 - Use of Commission Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle owned by the Commission
				  is state property and may be used for official Commission business only. A
				  Commission motor vehicle may not be assigned to a specific employee but must be
				  available for use by all eligible employees. A Commission motor vehicle will be
				  kept at the agency's Austin headquarters.
(b) A Commission employee is eligible to use
				  a Commission motor vehicle if the employee possesses a valid Texas driver's
				  license and has a satisfactory driving record, as determined by the Executive
				  Secretary.
(c) An employee
				  operating a Commission motor vehicle must comply with all applicable state
				  traffic laws and the Commission's traffic safety policies. A violation of one
				  of those laws or policies is grounds for disciplinary action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.13 - Seal of the Commission

Current through Reg. 49, No. 28; July 12, 2024
The seal of the commission is a circle with the words
					 "Texas Racing Commission" arranged on the inner edge of the circle. In the
					 center of the circle is a five-pointed star, a live oak branch, and an olive
					 branch, common to other official Texas state seals.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.14 - Unofficial Statements

Current through Reg. 49, No. 28; July 12, 2024
An unofficial statement made by a commission member or an
					 employee of the commission is not binding on the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.15 - Acts in the Commission's Name

Current through Reg. 49, No. 28; July 12, 2024
A commission member may not act in the name of the
					 commission on any matter without the approval of a majority of the
					 commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.16 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
										RSA
					 2161.003, the Commission adopts by reference
					 the provisions of 34 TAC §
										RSA 20.11et
					 seq.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter A - ORGANIZATION OF THE COMMISSION › Section 303.17 - Vendor Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Any actual or
				  prospective bidder, offeror, or contractor who is aggrieved in connection with
				  the solicitation, evaluation, or award of a contract may formally protest to
				  the Commission's chief fiscal officer. The protest must be in writing and
				  received in the Commission's main office in Austin not later than the 10th day
				  after the date the aggrieved person knows, or should have known, of the
				  occurrence of the action which is protested.
(b) The chief fiscal officer is authorized to
				  settle and resolve the dispute concerning the solicitation or award of a
				  contract. If the protest is not resolved by mutual agreement, the chief fiscal
				  officer shall issue a written determination on the protest.
(c) Not later than the 10th day after
				  receiving notice of the chief fiscal officer's determination, the protesting
				  party may file a written appeal to the executive secretary. The executive
				  secretary's decision on the appeal is final.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.31 - Regulation of Racing

Current through Reg. 49, No. 28; July 12, 2024
The commission shall regulate each live and simulcast race
					 meeting conducted in this state and supervise the operation of racetracks and
					 the persons other than patrons who participate in a race
					 meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.32 - Power of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) A member or
				  authorized agent of the commission, a steward or judge, a commissioned officer
				  of the Department of Public Safety who is assigned to work on racing
				  investigations, or a peace officer of the local jurisdiction in which the
				  association maintains a place of business may enter an office, a racetrack, any
				  area on association grounds, or any similar area or other place of business of
				  an association at any time to enforce or administer the Act or commission
				  rules.
(b) An association or an
				  officer, employee, or agent of an association may not refuse or deny a request
				  to enter under this section and may not hinder a person who is conducting an
				  investigation under or attempting to enforce or administer the Act or
				  commission rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.33 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) A member of the
				  commission, the executive secretary, an administrative law judge, or other
				  person authorized by the commission, in performing duties under the Act, may
				  take testimony and may require by subpoena the attendance of witnesses and the
				  reproduction of books, records, papers, correspondence, and other documents
				  that the commission considers advisable.
(b) Subpoenas must be issued under the
				  signature of the commission, the executive secretary, an administrative law
				  judge, or other person authorized by the commission and may be served by any
				  person designated by the commission.
(c) A member of the commission, the executive
				  secretary, an administrative law judge, or other person authorized by the
				  commission may administer an oath or affirmation to a witness appearing before
				  the commission or a person authorized by the commission.
(d) If a subpoena issued on behalf of the
				  commission is disobeyed, the commission or executive secretary may invoke the
				  aid of the appropriate state court in requiring compliance with the
				  subpoena.
(e) For an individual
				  compelled to appear before the commission under this section, the commission
				  shall pay travel expenses in accordance with the provisions in effect for state
				  employees. For a witness who is not a state employee, the commission shall pay
				  for all taxes associated with the travel expenses that are not applicable to
				  state employees. The executive secretary may authorize the payment of a witness
				  fee in an amount not to exceed $200 per day. The commission reserves the right
				  to bill the expenses to parties requiring the appearance of the
				  individual.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.34 - Certified Documents

Current through Reg. 49, No. 28; July 12, 2024
The commission may require a document required to be filed
					 with the commission to be certified under penalty of perjury.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.35 - Access to Commission Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Persons who do not speak English or who have a physical, mental, or
				  developmental disability will be provided reasonable access to the Commission
				  and to the Commission's programs.
(b) All Commission facilities, including
				  facilities on association grounds, will comply with Texas Civil Statutes,
				  Article 9102, concerning architectural barriers and the policy of the State of
				  Texas to encourage and promote the rehabilitation of disabled individuals. Each
				  association licensed by the Commission is required to ensure accessibility to
				  its facilities for disabled persons, pursuant to §
										RSA
				  309.113 of this title (relating to
				  Accessibility by Disabled Persons).
(c) All testing, whether oral, in sign
				  language, or in a foreign language, will be arranged when an examination is
				  required for licensure. A hearing before the Board of Stewards/Judges or the
				  State Office of Administrative Hearings will be arranged as needed if a
				  question of fitness for a particular license should arise.
(d) Complaints against a person or entity
				  regulated by the Commission will be accepted in all forms under all
				  circumstances and the Commission will provide an interpreter with an
				  investigator should a language problem arise. The Commission welcomes public
				  input at Commission meetings. On prior reasonable notice to the Commission, an
				  interpreter will be provided to assist individuals in making presentations to
				  the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.38 - Cooperation with Peace Officers and Other Enforcement Entities

Current through Reg. 49, No. 28; July 12, 2024
The Commission, its employees, and its licensees shall
					 cooperate with all district attorneys, county attorneys, the Department of
					 Public Safety, the attorney general, and all peace officers who are enforcing a
					 criminal law related to racing, the Act, or the Rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.41 - Allocation of Race Dates

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission shall allocate live race dates, including charity days, to each
				  association for such time periods and at such racing locations as the
				  commission determines in accordance with the Act and this section.
(b) Upon its own motion or upon the request
				  of any association, the commission may designate an application period during
				  which the commission shall accept applications for race dates.
(c) The commission shall establish the time
				  period or periods for which it will consider granting race dates.
(d) Upon designation by the commission of an
				  application period under this section, the executive secretary shall publicize
				  that application period to the affected greyhound and horse racing associations
				  at least 30 days before the closing date of the period.
(e) The application must be on a form
				  prescribed by the commission. After the request is filed, the executive
				  secretary may require the association to submit additional information if the
				  executive secretary determines the additional information is necessary to
				  effectively evaluate the request.
(f) In allocating race dates under this
				  section, the commission may consider the following factors and the degree to
				  which the association's proposed race meeting will serve to nurture, promote,
				  develop, or improve the horse or greyhound industry in Texas:
(1) the association's current ability to pay
				  all fees and other amounts owed to the commission, to the state, and to local
				  governments;
(2) the association's
				  willingness and ability to comply and past performance in complying with the
				  Rules and the Act;
(3) the current
				  condition of the association's racetrack and facilities for patrons, race
				  animals, and occupational licensees;
(4) the anticipated effect of the proposed
				  race meeting on the continuity of racing during the year;
(5) the live race dates requested by other
				  associations licensed to conduct races for the same species of
				  animal;
(6) the anticipated overall
				  economic effect to the state from the race meeting;
(7) the anticipated effect of the race
				  meeting on the greyhound or horse breeding industry in Texas;
(8) the anticipated effect of scheduled race
				  meetings in neighboring race states on the proposed race meeting; and
(9) the anticipated availability of race
				  animals for the race meetings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.42 - Approval of Charity Race Days

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  association shall conduct charity days as required by the Act. A greyhound
				  association shall conduct at least five charity race days each year. A Class 1
				  or Class 2 horse racetrack shall conduct at least two and not more than five
				  charity race days each year.
(b)
				  An association shall apply to the commission not later than July 1 of each year
				  for charity race dates to be conducted in the next calendar year. The
				  application must be in writing and contain:
(1) the name of the charity;
(2) the name and address of each individual
				  who serves as an officer or director of the charity or who owns an interest in
				  the charity of 5.0% or more;
(3) a
				  brief description of the activities or purposes of the charity; and
(4) a copy of an Internal Revenue Service
				  letter of determination that qualifies the charity as an exempt organization
				  for purposes of federal income tax.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.43 - Allocation of Live Race Dates for Class 1 Racetracks

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may not grant overlapping
				  live race dates for the same breed of horse at Class 1 racetracks unless the
				  overlapping is agreed to in writing by the affected Class 1
				  racetracks.
(b) For any year in
				  which there are less than three Class 1 racetracks in Texas holding final
				  non-appealable licenses, the commission shall allocate to each such racetrack
				  at least 17 consecutive weeks of live thoroughbred racing and at least 17
				  consecutive weeks of live quarter horse racing, unless otherwise agreed to by
				  the appropriate breed registry. Each week of live racing shall consist of a
				  minimum of four consecutive race days. If a Class 1 racetrack informs the
				  commission in writing that it does not desire the full number of weeks of
				  racing for either breed, the commission may allocate the extra weeks to another
				  racetrack.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter B - POWERS AND DUTIES OF THE COMMISSION › Section 303.44 - Oversight of Use of Funds Generated by Pari-Mutuel Racing

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
				  subsection (b), the commission may suspend or withhold funds from an
				  organization:
(1) that it determines has
				  failed to comply with the requirements or performance measures adopted under
				  Section 2028.001, Tex. Occ Code; or
(2) for which material questions on the use
				  of funds by the organization are raised following an independent audit or other
				  report to the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter C - POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS › Section 303.61 - Power of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
				  or a person authorized by the comptroller may enter an office, racetrack, or
				  other place of business of an association at any time to inspect the
				  association's records required to be maintained by a rule of the
				  commission.
(b) To assist the
				  comptroller in gaining access to a place under this section, the commission may
				  issue a subpoena under §
										RSA 303.33
				  of this title (relating to Subpoenas).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter C - POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS › Section 303.62 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) An association
				  or other person required by a rule of the commission to maintain records
				  regarding the operation of a racetrack shall allow the comptroller or a person
				  authorized by the comptroller to inspect the records.
(b) Failure to allow the comptroller or a
				  person authorized by the comptroller to inspect a record in accordance with
				  this section is grounds for disciplinary action by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter C - POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS › Section 303.63 - Comptroller Rules

Current through Reg. 49, No. 28; July 12, 2024
If the comptroller adopts rules for the enforcement of the
					 comptroller's powers and duties under the Act, a licensee's failure to comply
					 with a rule of the comptroller is considered a violation of a rule of the
					 commission and is grounds for disciplinary action by the
					 commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.81 - Texas-Bred Incentive Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The executive secretary shall administer the Texas-bred incentive programs
					 established by the Act in a manner consistent with the purposes of the
					 Act.
(b) Each official state breed
					 registry designated in the Act shall develop a program, which is subject to the
					 approval of the executive secretary, for distributing the funds available to
					 the registry for incentive awards. The executive secretary shall develop a
					 system of communication with and reporting by the various state breed
					 registries to ensure that the appropriate incentive awards are distributed in a
					 timely fashion to the person who are entitled to receive the awards.
(c) The executive secretary shall use
					 state-of-the-art informations systems to administer the programs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.82 - Bond Required

Current through Reg. 49, No. 28; July 12, 2024
The treasurer or chief fiscal officer of each official
						breed registry must be insured by a bond in an amount sufficient to ensure the
						integrity of the program administered through that breed
						registry.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.83 - Audits, Financial Statements and Performance Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) An official breed registry shall expend
					 the funds available to it under the Act in the manner required by law. The
					 Commission may require or conduct an audit of the financial records of a breed
					 registry to ensure the breed registry is complying with the applicable
					 law.
(b) Not later than June 15 of
					 each year, each breed registry designated by the Act shall submit to the
					 Commission audited financial statements regarding its operation of the Texas
					 Bred Incentive Program for that breed. The executive secretary may prescribe
					 the form for the financial statements. In conjunction with the financial
					 statements, each breed registry shall submit to the Commission a schedule of
					 awards payable in a format prescribed by the executive secretary.
(c) Not later than June 15 of each year, each
					 breed registry designated by the Act shall submit to the Commission a report on
					 performance measures on a form prescribed by the executive secretary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.84 - Report to the Commission

Current through Reg. 49, No. 28; July 12, 2024
A breed registry designated by the Act or another
						organization recognized by the Commission for any purpose shall provide to the
						Commission on June 15 of each year:
(1) a current list of the officers,
					 directors, and members of the organization; and
(2) a copy of the organization's current
					 charter, bylaws, or other organizational documents, including all amendments to
					 those documents.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.85 - Background Investigations

Current through Reg. 49, No. 28; July 12, 2024
The Commission may require the officers, directors, or
						managers of a breed registry to submit to a background investigation conducted
						by the Department of Public Safety or the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 1 - GENERAL PROVISIONS › Section 303.86 - Participation in Texas Bred Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An official breed registry may not require a person to join the breed
					 organization to participate in a Texas bred program.
(b) An official breed registry may not charge
					 an extra fee to non-members of the breed organization to participate in a Texas
					 bred program unless the extra fee is justified by additional administrative
					 costs and approved by the executive secretary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.92 - Thoroughbred Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
					 The following words and terms, when used in this section, shall have the
					 following meanings, unless the context clearly indicates otherwise:
(1) Horse Owner--A person who is owner of
					 record of an accredited Texas-bred horse at the time of a race.
(2) Breeder--The owner of the dam at the time
					 of foaling as stated on the foal's Jockey Club certificate of
					 registration.
(3) Stallion Owner--A
					 person who is the owner of record, at the time of conception, of the stallion
					 that sired the accredited Texas-bred horse.
(4) Accredited Texas-bred Thoroughbred--A
					 horse registered with the Jockey Club, accredited with the breed registry and
					 foaled in Texas, out of a mare accredited with the breed registry that is
					 permanently domiciled in Texas.
(5)
					 Accredited Texas Thoroughbred Mare--A mare registered with the Jockey Club,
					 accredited with the breed registry, and permanently domiciled in Texas except
					 for racing and breeding privileges. Annual reproductive activity of the mare
					 may be required to be reported to the breed registry in writing via photocopy
					 of the Live Foal Report/No Foal Report submitted annually to the Jockey
					 Club.
(6) Accredited Texas
					 Thoroughbred Stallion--A stallion registered with the Jockey Club, accredited
					 with the breed registry, and standing in Texas. The breed registry must be
					 notified in writing within 10 calendar days each time the stallion leaves or
					 enters the State of Texas. A photocopy of the annual Report of Mares Bred may
					 be required to be submitted to the breed registry office on or before the date
					 required by the Jockey Club (August 1). Stallion owners are eligible to receive
					 stallion awards only from offspring sired in Texas after the stallion has
					 become accredited with the breed registry and applicable administrative fees
					 have been paid.
(7) Breed
					 Registry--The Texas Thoroughbred Association, the official breed registry for
					 thoroughbred horses as designated in the Act.
(8) Bred--A mare is considered to have been
					 bred by a stallion if the physical act of breeding has occurred and the mare is
					 listed on the stallion's Report of Mares Bred filed with the Jockey Club for a
					 particular breeding season and is not subsequently bred during that breeding
					 season to a stallion not accredited by the breed registry. A mare does not have
					 to become pregnant or produce a live foal to be considered bred, so long as
					 these criteria are met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.93 - Quarter Horse Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Definitions. The following words and terms, when used in this section, shall
					 have the following meanings, unless the context indicates otherwise.
(1) AQHA--American Quarter Horse
					 Association.
(2) ATB horse--A horse
					 accredited by the TQHA as a Texas-bred quarter horse.
(3) ATB broodmare--A mare accredited by the
					 TQHA as breeding stock for participation in the Texas Bred Incentive Program
					 for quarter horses.
(4) ATB
					 stallion--A stallion accredited by the TQHA as breeding stock for participation
					 in the Texas Bred Incentive Program for quarter horses.
(5) Breeder--A person who is, at the time of
					 conception, the owner of record of an ATB broodmare that foals an ATB
					 horse.
(6) Owner--A person who is
					 the owner of record of an ATB horse at the time of a race.
(7) Stallion Owner--A person who is, at the
					 time of conception, the owner of record of an ATB stallion that sired an ATB
					 horse.
(8) TQHA--Texas Quarter
					 Horse Association.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.94 - Arabian Horse Rules

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts by reference the rules of the Texas
						Arabian Breeders Association dated March 25, 2006, regarding the administration
						of the Texas Bred Incentive Program for Arabian horses. Copies of these rules
						are available at the Texas Racing Commission, P.O. Box 12080, Austin, Texas
						78711, or at the Commission office at 8505 Cross Park Dr., #110, Austin, Texas
						78754-4594.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.95 - Races for Accredited Texas-Bred Horses

Current through Reg. 49, No. 28; July 12, 2024
On each race day, an association shall provide for the
						running of at least two races limited to accredited Texas-bred horses, one of
						which shall be restricted to maidens. An association may defer, with the
						approval of the executive secretary, the running of one or both of the two
						races required by this section for each race day, but the association must
						provide that the total number of accredited Texas-bred races conducted in a
						race meeting is equal to or greater than twice the total number of race dates
						in the race meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.96 - Paint Horse Rules

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference the rules of the Texas
						Paint Horse Breeders Association dated September 17, 1996, regarding the
						administration of the Texas Bred Incentive Program for paint horses. Copies of
						these rules are available at the Texas Racing Commission, P.O. Box 12080,
						Austin, Texas 78711, or at the commission office at 8505 Cross Park Drive,
						#110, Austin, Texas 78754-4594.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.97 - Dually Registered Horses

Current through Reg. 49, No. 28; July 12, 2024
Dually registered horses that are eligible for Accredited
						Texas Bred Incentive program awards are not eligible for awards from more than
						one recognized breed registry per race.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 2 - PROGRAM FOR HORSES › Section 303.99 - Stakes and Other Prepayment Races - Breed Registries

Current through Reg. 49, No. 28; July 12, 2024
If an official breed registry sponsors or accepts
						payments for a stakes or other prepayment race, the breed registry shall follow
						the procedures set forth in §
											RSA
						309.298 of this title (relating to Stakes and
						Other Prepayment Races.)
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 3 - PROGRAMS FOR GREYHOUNDS › Section 303.101 - Greyhound Breed Registry

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Designation. The Texas Greyhound Association is the official breed registry for
					 greyhounds.
(b) Grant Program.
(1) Each calendar year, the Texas Greyhound
					 Association shall use 2.0% of the funds it receives under the Act,
					 §6.09(d) for a grant program.
(2) The grants must be awarded to an
					 organization that is an exempt organization for purposes of federal income tax
					 and that conducts programs for the rehabilitation or adoption of greyhounds who
					 have completed their racing careers.
(3) The Texas Greyhound Association shall
					 adopt criteria and procedures for the awarding of the grants. The criteria and
					 procedures are subject to the approval of the executive secretary.
(4) Not later than March 1 of each year, the
					 Texas Greyhound Association shall file with the commission a written report
					 detailing the grants awarded under this subsection during the preceding
					 calendar year. The Texas Greyhound Association shall appear before the
					 commission at the request of the commission to report on its activities under
					 this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter D - TEXAS BRED INCENTIVE PROGRAMS › Division 3 - PROGRAMS FOR GREYHOUNDS › Section 303.102 - Greyhound Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration as
					 a Texas-Bred Greyhound.
(1) Eligibility
					 Requirements for Owner/Lessee. The owner or lessee of the dam at the time of
					 whelping must have been a resident of Texas for the three-year period preceding
					 the date the litter was whelped. If the dam has multiple owners, each owner
					 must meet the requirements in this subdivision.
(2) Eligibility Requirements. To be
					 registered as a Texas-bred greyhound, a greyhound must have been whelped in
					 Texas and remained domiciled in Texas for the first six months of
					 life.
(3) Registration Procedure.
(A) The owner or lessee of the dam at the
					 time of whelping is responsible for registering a greyhound as
					 Texas-bred.
(B) The owner or lessee
					 must submit to the Texas Greyhound Association ("TGA") the original "Litter
					 Registration Acknowledgement" received from the National Greyhound Association
					 ("NGA"), with a check or money order for the registration fee established by
					 TGA.
(C) With the application for
					 registration, the owner or lessee must file an affidavit with the TGA affirming
					 that all litter applications submitted by the owner or lessee meet the registry
					 requirements. The affidavit must include an agreement that if any of the
					 greyhounds being registered are removed from Texas before six months of age,
					 the owner or lessee will notify TGA no later than 10 days after the removal. On
					 being notified that a registered greyhound has been removed from Texas before
					 six months of age, TGA shall remove the greyhound from the registry.
(D) If the litter qualifies to be registered
					 as Texas-bred greyhounds, the TGA will stamp the "Litter Registration
					 Acknowledgement" and "Certificate of Registration" of each affected greyhound
					 as "Texas Bred" and return them to the sender.
(E) A person who submits an application for
					 registration knowing that the application contains false information is subject
					 to discipline by the TGA Executive Committee, including suspension from the
					 TGA.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter F - LICENSING PERSONS WITH CRIMINAL BACKGROUNDS › Section 303.201 - General Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with state law, the commission may revoke, suspend, or deny a
				  license or the stewards or racing judges may suspend or deny a license to a
				  person because of the person's conviction of a felony or misdemeanor if the
				  offense directly relates to the person's present fitness to perform the duties
				  and responsibilities associated with the license.
(b) In determining whether or not an offense
				  directly relates to a person's present fitness to perform the duties and
				  responsibilities associated with the license, the commission or stewards or
				  racing judges shall consider the relationship between the offense and the
				  particular license applied for and the following factors:
(1) the extent and nature of the person's
				  past criminal activity;
(2) the age
				  of the person at the time of the commission of the crime;
(3) the amount of time that has elapsed since
				  the person's last criminal activity;
(4) the conduct and work activity of the
				  person prior to and following the criminal activity;
(5) evidence of the person's rehabilitation
				  or rehabilitative effort while incarcerated or following release; and
(6) other evidence presented by the person of
				  the person's present fitness, including letters of recommendation from:
(A) prosecution, law enforcement, and
				  correctional officers who prosecuted, arrested, or had custodial responsibility
				  for the person;
(B) the sheriff or
				  chief of police in the community where the person resides; or
(C) any other persons in contact with the
				  convicted person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter F - LICENSING PERSONS WITH CRIMINAL BACKGROUNDS › Section 303.202 - Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with state law, the commission has developed guidelines relating to the
				  suspension, revocation, or denial of occupational licenses based on criminal
				  background. The offenses that the commission has determined are directly
				  related to the occupational licenses issued by the commission are:
(1) an offense for which fraud, dishonesty,
				  or deceit is an essential element;
(2) an offense relating to racing,
				  pari-mutuel wagering, gambling, or prostitution;
(3) a felony offense of assault, such as
				  those described by Penal Code, Chapter 22;
(4) a criminal homicide offense, such as
				  those described by Penal Code, Chapter 19;
(5) a burglary offense, such as those
				  described by Penal Code, Chapter 30;
(6) a robbery offense, such as those
				  described by Penal Code, Chapter 29;
(7) cruelty to animals;
(8) a theft offense, such as those described
				  by Penal Code, Chapter 31;
(9) an
				  offense relating to the possession, manufacture, or delivery of a controlled
				  substance, a dangerous drug, or an abusable glue or aerosol paint;
(10) arson; and
(11) a felony offense of driving while
				  intoxicated.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter F - LICENSING PERSONS WITH CRIMINAL BACKGROUNDS › Section 303.203 - Evidence by Applicant

Current through Reg. 49, No. 28; July 12, 2024
In applying for a license to be issued by the commission, a
					 person to whom this subchapter applies must present to the commission:
(1) any recommendations of the prosecution,
				  law enforcement agencies, or correctional authorities relating to the
				  conviction or rehabilitation of the person; and
(2) evidence that the applicant has paid all
				  outstanding fines, court costs, and restitution that was ordered to be paid
				  relating to the conviction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 1 - GENERAL PROVISIONS › Section 303.301 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings:
(1) Account - the horse industry escrow
					 account.
(2) Association - a horse
					 racetrack association.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 1 - GENERAL PROVISIONS › Section 303.302 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) At least
					 once each year, the Commission shall make an allocation of funds from the horse
					 industry escrow account in accordance with §§2028.204-.205 of the
					 Act.
(b) The Commission may make
					 allocations of funds from the account at different times to horse racetrack
					 associations and to breed registries, provided that not more than 70% of the
					 amount deposited into the account is allocated to racetrack associations each
					 year.
(c) At least 30 days before a
					 deadline for submitting requests for allocation from the account, the executive
					 director shall notify all entities eligible to request funds from the account
					 at that time.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 2 - HORSE RACETRACK ASSOCIATIONS › Section 303.311 - Allocations to Horse Racetrack Associations

Current through Reg. 49, No. 28; July 12, 2024
(a) When requesting allocation from the
					 account for purses, each association shall also recommend the percentages by
					 which it will divide its share of the horse industry escrow account funds among
					 the various breeds of horses.
(b)
					 The Commission shall determine the amount of the allocation to each racetrack
					 in accordance with the standards set forth in the Act,
					 §§2028.204-.205.
(c) The
					 percentages by which an association will divide the horse industry escrow
					 account revenue among the various breeds of horses is subject to the approval
					 of the Commission. When requesting Commission approval of the percentages, the
					 association shall present in writing studies, statistics, or other
					 documentation to support its proposed division of horse industry escrow account
					 revenue. The Commission may consider the following criteria when evaluating the
					 association's studies, statistics, or other documentation submitted to support
					 its proposed division of horse industry escrow account revenue before granting
					 its approval:
(1) local public interest in
					 each breed as demonstrated by, but not limited to, the following factors:
(A) simulcast import handle by
					 breed;
(B) live handle by breed;
					 and
(C) live attendance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 2 - HORSE RACETRACK ASSOCIATIONS › Section 303.312 - Limitation on Use of Funds by Racetrack Associations

Current through Reg. 49, No. 28; July 12, 2024
Funds allocated to racetrack associations from the horse
						industry escrow account may only be used for purses and for administrative
						expenses payable to the horsemen's organization pursuant to Section 2028.102 of
						the Act.