Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 309 - RACETRACK LICENSES AND OPERATIONS › Subchapter A - RACETRACK LICENSES › Division 1 - GENERAL PROVISIONS › Section 309.11 - Fees for Requests to Approve a Transfer of Pecuniary Interests

Current through Reg. 49, No. 28; July 12, 2024
(a) General
					 Provisions. A license holder who requests Commission approval to transfer a
					 pecuniary interest in a racetrack license must submit with the request a fee in
					 an amount set by the Commission.
(b) Fees.
(1) The request fee is composed of a variable
					 processing charge and investigation charge. The processing charge is the amount
					 needed by the Commission to cover the administrative costs of processing the
					 request. The investigation charge is the amount needed by the Commission to
					 cover the costs incurred by the Department of Public Safety and Commission
					 staff for conducting the background investigation on the proposed transferee. A
					 license holder must pay all charges contemporaneously with filing the request.
					 The Commission will take no action on a request under this section unless the
					 requestor submits the total amount of the request fee with the request. The
					 Commission shall hold the request fee in the state treasury in a suspense
					 account. The Commission may transfer the processing funds due to the Commission
					 to the Texas Racing Commission Fund as costs are incurred. If the actual costs
					 to the Commission of processing the request or conducting the investigation
					 exceed the amount deposited for the applicable charge, the requestor shall pay
					 the remaining amount not later than 10 business days after receipt of a bill
					 from the Commission. If the costs of processing the request or conducting the
					 investigation are less than the amount of the charge, the Commission shall
					 refund the excess not later than 10 business days after the Commission's
					 decision on the request becomes final.
(2) The fees for a request for Commission
					 approval to approve a transfer of pecuniary interests in a racetrack license
					 that effects a change in the controlling interest of that license are as
					 follows:
(A) The amount to be deposited for
					 the processing charge for a horse racetrack request is:
(i) for a Class 1 racetrack,
					 $50,000;
(ii) for a Class 2
					 racetrack, $25,000;
(iii) for a
					 Class 3 racetrack, $10,000; and
(iv) for a Class 4 racetrack,
					 $2,500.
(B) The amount
					 to be deposited for the investigation charge for a horse racetrack request is:
(i) for a Class 1 racetrack,
					 $25,000;
(ii) for a Class 2
					 racetrack, $10,000;
(iii) for a
					 Class 3 racetrack, $1,500; and
(iv)
					 for a Class 4 racetrack, $1,000.
(C) The amount to be deposited for the
					 processing charge for a greyhound racetrack request is $50,000.
(D) The amount to be deposited for the
					 investigation charge for a greyhound racetrack request is $25,000.
(3) The fees for a request for
					 Commission approval to approve a transfer of pecuniary interests of 5.0% or
					 more in a racetrack license, but that does not effect a change in the
					 controlling interest of that license, are as follows:
(A) The amount to be deposited for the
					 processing charge for a horse racetrack request is:
(i) for a Class 1 racetrack, $500;
(ii) for a Class 2 racetrack, $250;
(iii) for a Class 3 racetrack, $100;
					 and
(iv) for a Class 4 racetrack,
					 $50.
(B) For each
					 proposed transfer of pecuniary interests of 5.0% or more, the amount to be
					 deposited for the investigation charge for a horse racetrack request is:
(i) for a Class 1 racetrack,
					 $1,000;
(ii) for a Class 2
					 racetrack, $500;
(iii) for a Class
					 3 racetrack, $250; and
(iv) for a
					 Class 4 racetrack, $125.
(C) The amount to be deposited for the
					 processing charge for a greyhound racetrack request is $500.
(D) The amount to be deposited for the
					 investigation charge for a greyhound racetrack license request is
					 $1,000.
(4) The fees for
					 a request for Commission approval to approve a transfer of pecuniary interests
					 of more than 1.0% and less than 5.0% in a racetrack license and that does not
					 effect a change in the controlling interest of that license are as follows:
(A) The amount to be deposited for the
					 processing charge for a horse racetrack request is:
(i) for a Class 1 racetrack, $100;
(ii) for a Class 2 racetrack, $100;
(iii) for a Class 3 racetrack, $50;
					 and
(iv) for a Class 4 racetrack,
					 $25.
(B) For each
					 proposed transfer of pecuniary interests of more than 1.0% and less than 5.0%,
					 the amount to be deposited for the investigation charge for a horse racetrack
					 request is:
(i) for a Class 1 racetrack,
					 $500;
(ii) for a Class 2 racetrack,
					 $250;
(iii) for a Class 3
					 racetrack, $125; and
(iv) for a
					 Class 4 racetrack, $50.
(C) The amount to be deposited for the
					 processing charge for a greyhound racetrack request is $100.
(D) The amount to be deposited for the
					 investigation charge for a greyhound racetrack request is $500.
(5) The fees for a request for
					 Commission approval to approve a transfer of pecuniary interests of 1.0% or
					 less in a racetrack license and that does not effect a change in the
					 controlling interest of that license are as follows:
(A) The amount to be deposited for the
					 processing charge for a horse racetrack request is $25.
(B) For each proposed transfer of pecuniary
					 interests of 1.0% or less, the amount to be deposited for the investigation
					 charge for a horse racetrack request is $50.
(C) The amount to be deposited for the
					 processing charge for a greyhound racetrack request is $25.
(D) The amount to be deposited for the
					 investigation charge for a greyhound racetrack request is $50.