Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 319 - VETERINARY PRACTICES AND DRUG TESTING › Subchapter D - DRUG TESTING › Division 4 - PROVISIONS FOR GREYHOUNDS › Section 319.391 - Testing of Greyhounds

Current through Reg. 49, No. 28; July 12, 2024
(a) Urine,
					 blood, or other specimens shall be taken and tested from any greyhound
					 designated by the racing judges, commission veterinarian, or a representative
					 of the commission. A specimen shall be collected by the commission veterinarian
					 or a designee of the commission veterinarian.
(b) A racing judge or the commission
					 veterinarian may order a greyhound in a race to submit to a test of body fluid
					 specimens to determine the presence of a prohibited drug, chemical, or other
					 substance.
(c) Before sending a
					 specimen from a greyhound to a testing laboratory, the commission veterinarian
					 shall determine whether the specimen is of sufficient quantity to be split. If
					 there is sufficient quantity, the commission veterinarian or the commission
					 veterinarian's designee shall divide the specimen into two parts. The
					 commission veterinarian or the commission veterinarian's designee shall retain
					 custody of the portion of the specimen that is not sent to the laboratory. The
					 commission veterinarian or commission veterinarian's designee shall store the
					 split specimen in a manner that ensures the integrity of the specimen. If the
					 specimen is of insufficient quantity to be split, the commission veterinarian
					 shall certify that fact in writing and submit the entire specimen to the
					 laboratory for testing.
(d) The
					 trainer or kennel owner for a greyhound that has tested positive for a
					 prohibited drug, chemical, or other substance may request, in writing, that the
					 split specimen, if any, be submitted for testing at a Commission-approved and
					 listed laboratory. The trainer or kennel owner must notify the executive
					 secretary of the request not later than 48 hours after notice of the positive
					 test. Failure to request the split specimen be tested within the prescribed
					 time period constitutes a waiver of the right to have the split specimen
					 tested.
(e) If the split specimen
					 is sent for testing, the commission staff shall arrange for transportation of
					 the specimen in a manner that ensures the integrity of the specimen. To ensure
					 the integrity of the specimen, the split specimen must be shipped within 10
					 days after the kennel owner is notified of the positive test. Subject to the
					 deadline, the kennel owner is entitled to be present or have a representative
					 present at the time the split specimen is sent for testing.
(f) If the test on the split specimen
					 confirms the finding of the original laboratory, it is a prima facie violation
					 of the applicable provisions of this chapter. If the test on the split specimen
					 does not substantially confirm the findings of the original laboratory, the
					 racing judges may not take disciplinary action regarding the original test
					 results.
(g) If an act of God,
					 power failure, accident, labor strike, or other event beyond the control of the
					 Commission prevents the split specimen from being tested, the findings of the
					 original laboratory are prima facie evidence of the condition of the greyhound
					 at the time of the race.