reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 3 - BREED REGISTRIES › Section 303.321 - Allocations to Breed Registries

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 breed registry is eligible to request funds from the horse industry escrow
					 account if it is listed in Section 2030.002(a) of the Act.
(b) vents funded from the horse industry
					 escrow account must serve the public purpose of increasing the development,
					 expansion, or diversification of the economy, employment, growth of enterprise,
					 or tourism of the state.
(c) A
					 breed registry requesting an allocation from the horse industry escrow account
					 shall do so using forms approved by the executive director.
(d) When requesting an allocation from the
					 horse industry escrow account, an eligible breed registry shall indicate the
					 event(s) for which it intends to use the funds and provide the following
					 information for each event:
(1) the date(s)
					 or approximate date(s);
(2) a
					 detailed description of the event;
(3) the dollar amount requested for the
					 event;
(4) a detailed explanation
					 of the budget for the event, with any costs related to personnel, the purchase
					 of assets, and other administrative expenses stated separately; and
(5) the anticipated economic impact of the
					 event on the horse industry.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 3 - BREED REGISTRIES › Section 303.322 - Limitations on Use of Funds by Breed Registries

Current through Reg. 49, No. 28; July 12, 2024
(a) A breed registry may use horse industry
					 escrow account funds only for events that further the horse industry.
(b) The following types of costs may not be
					 paid from funds allocated from the account:
(1) capital improvements;
(2) donations or contributions made to any
					 individual or organization without express approval from the Commission for
					 such contribution or donation;
(3)
					 costs of entertainment, amusements, social activities, and incidental costs
					 relating thereto, including tickets to shows or sports events, meals, alcoholic
					 beverages, lodging, rentals, transportation, tips, and gratuities;
(4) fines, penalties, or other costs
					 resulting from violations of or failure to comply with federal, state, or local
					 laws and regulations;
(5) liability
					 insurance coverage not specific to a particular event or series of events for
					 which the Commission has allocated funds from the account;
(6) expenses related to litigation;
(7) professional association fees or dues for
					 the breed registry or an individual;
(8) legislative expenses such as salaries and
					 other expenses associated with lobbying the state or federal legislature or
					 similar local governmental bodies, whether incurred for purposes of legislation
					 or executive direction; or
(9)
					 fundraising.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 3 - BREED REGISTRIES › Section 303.323 - Modifications to Approved Events

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 breed registry seeking to make a modification to the date, description, or
					 budget for an event for which funds have been allocated from the horse industry
					 escrow account shall submit a request to:
(1)
					 the executive director for:
(A) a change to
					 an event that, after the change, would qualify for approval by the executive
					 director; or
(B) for an event that
					 does not qualify for approval by the executive director, a change to one or
					 more of the following:
(i) the date, if the
					 proposed new date is within six months of the original date;
(ii) the description, if the change does not
					 materially change the nature or scope of the event; or
(iii) the budget, if the proposed new budget
					 is within ten percent of the original budget for the event; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 3 - BREED REGISTRIES › Section 303.324 - Recordkeeping and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
					 audit by the Commission or auditors or investigators working on behalf of the
					 Commission, including the State Auditor and/or the Comptroller of Public
					 Accounts for the State of Texas, a breed registry receiving funds from the
					 horse industry escrow account shall maintain all records of expenses paid out
					 of funds from the account for a minimum of five years following the event.
					 Records may be maintained in electronic or paper format.
(b) The Commission may request, and the breed
					 registry must provide, any such record as part of a review or audit.
(c) The funds received and/or expended by the
					 breed registry from the horse industry escrow account must be included in the
					 breed registry's annual audit of the financial statements required to be
					 submitted by June 15 of each year. An auditor's statement must be included as
					 part of the annual audit attesting to the proper use of the funds received from
					 the horse industry escrow account by the breed registry.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 303 - GENERAL PROVISIONS › Subchapter G - HORSE INDUSTRY ESCROW ACCOUNT › Division 3 - BREED REGISTRIES › Section 303.325 - Quarterly Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A breed
					 registry receiving funds from the horse industry escrow account shall submit to
					 the Commission a report every quarter. The report must include:
(1) the amount of funds expended toward each
					 event for which funds have been allocated;
(2) for each event completed during the
					 previous calendar quarter, the total amount of funds expended toward the event,
					 a breakdown of the funds expended for that event, and copies of documentation
					 of all amounts expended; and
(3)
					 the following certification: "By my signature below, I certify that (1) all of
					 the information in this report is correct, (2) all funds expended from the
					 horse industry escrow account were used in accordance with Section 2028.204 of
					 the Texas Racing Act and the Rules of the Texas Racing Commission, and (3) the
					 breed registry has all documentation required by 16 TAC §
												RSA
					 303.324."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter provides the general procedures for
					 instituting, conducting, and determining all matters within the Commission's
					 jurisdiction. This chapter is not intended to enlarge, diminish, or alter the
					 jurisdiction, powers, or authority of the Commission or the substantive rights
					 of a person. The procedures in this chapter supplement any applicable
					 procedures required by statute or another Rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.3 - Types of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested
				  case proceeding is one in which the Commission is authorized or required by law
				  to make a decision regarding the rights or privileges of a person after notice
				  and hearing. Pursuant to Government Code, §
										RSA
				  2003.021, the executive secretary will refer
				  all contested cases to the State Office of Administrative Hearings (SOAH) for a
				  hearing. Examples of contested case proceedings are an administrative penalty
				  issued by the executive secretary and an appeal from a stewards' or judges'
				  ruling.
(b) A decision-making
				  proceeding is one in which the Commission is authorized or required by law to
				  make a decision regarding the rights or privileges of a person in open meeting,
				  but without an evidentiary hearing. An example of a decision-making proceeding
				  is the allocation of live race dates pursuant to the Act, §§8.01 and
				  10.01.
(c) A proceeding before the
				  stewards or racing judges is one conducted pursuant to the Act, §3.07 or
				  to authority granted by the Commission in the Rules.
(d) A rulemaking proceeding is one in which
				  the Commission proposes or adopts a rule governing any matter within the
				  Commission's jurisdiction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.4 - Decision-Making Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures.
				  For each decision-making proceeding, the executive secretary may establish
				  appropriate deadlines and procedures that are consistent with any applicable
				  Rule relating to the specific proceeding. The procedures must ensure:
(1) reasonable notice to each affected
				  licensee and industry organization;
(2) a reasonable opportunity for each
				  affected licensee and industry organization to review relevant information
				  presented to the Commission on the matter; and
(3) a reasonable opportunity for each
				  affected licensee and industry organization to present information to the
				  Commission on the matter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.5 - Special Provisions regarding Racetrack License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent
				  that Chapter 309 of this title (relating to Racetrack Licenses and Operations)
				  conflicts with this chapter regarding application procedures for a license to
				  operate a pari-mutuel racetrack, Chapter 309 controls.
(b) For each application, the executive
				  secretary shall determine whether to refer the application to SOAH for a
				  hearing. In making the determination, the executive secretary shall consider
				  the expressed support and opposition to the application. For each application
				  the executive secretary proposes should be denied, the executive secretary
				  shall refer the application to SOAH for a hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.6 - Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Commission, stewards, or racing judges suspend a license issued under the Act,
				  the Commission, stewards, or racing judges may probate all or any portion of
				  the suspension.
(b) The order or
				  ruling entered placing a licensee on probation must state the specific
				  probationary period and the terms and conditions of the probation.
(c) The terms and conditions of probation
				  must have a reasonable relationship to the violation and may include:
(1) attending a prescribed number of hours in
				  a specific area of study during the probationary period;
(2) passing a prescribed examination in a
				  specific area of study;
(3)
				  periodic reporting to the Commission, stewards, racing judges, or other
				  designated person on any matter that is the basis of the probation;
(4) a medical evaluation and completion of a
				  prescribed treatment program;
(5)
				  cooperation with the Commission investigators and the Department of Public
				  Safety in a specific investigation; and
(6) other terms and conditions specified in
				  the order or ruling that are reasonable and appropriate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.7 - Ejection and Exclusion

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission, executive secretary, stewards, or racing judges, may order an
				  individual ejected or excluded from an association's grounds in accordance with
				  the Act if the Commission, executive secretary, stewards, or racing judges,
				  determine that:
(1) the individual may be
				  excluded or ejected under the Act, §3.16 or §13.01; and
(2) the individual's presence on association
				  grounds is inconsistent with maintaining the honesty and integrity of
				  racing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 307.8 - Negotiated Rulemaking and Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. It is the Commission's policy to
				  encourage the use of negotiated rulemaking and alternative dispute resolution
				  procedures in appropriate situations.
(b) Negotiated Rulemaking. When the
				  Commission finds that a rule to be proposed is likely to be complex,
				  controversial, or affect disparate groups, the Commission may propose to engage
				  in negotiated rulemaking in accordance with Government Code, Chapter 2008.
(1) When negotiated rulemaking is considered,
				  the Commission's general counsel, or designee, shall be the Commission's
				  negotiated rulemaking convener.
(A) The
				  convener shall assist in identifying persons who are likely to be affected by a
				  proposed rule, including those who oppose issuance of a rule. The convener
				  shall discuss with those persons or their representatives the factors provided
				  in Government Code §
												RSA
				  2008.052<subdiv>(c)</subdiv>.
(B) The convener shall then recommend to the
				  Commission whether negotiated rulemaking is a feasible method to develop the
				  proposed rule and shall report to the agency on the relevant considerations,
				  including those listed in Government Code §
												RSA
				  2008.052<subdiv>(d)</subdiv>.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.31 - Prehearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Docketing.
				  When a pleading to institute a contested case proceeding before the Commission
				  is received, and it complies with the Rules as to form and content, the
				  executive secretary shall docket the proceeding as pending, numbered in
				  accordance with the docket numbering system of the Commission.
(b) Settlement. The executive secretary may
				  attempt to settle any contested case proceeding through agreement. If the
				  proceeding involves a racetrack, the executive secretary shall present an
				  agreed order to the Commission. If the proceeding involves an occupational
				  licensee, the executive secretary may issue a ruling reflecting the terms of
				  the agreement and if applicable, superceding the stewards' or judges'
				  ruling.
(c) Referral to SOAH. If
				  after a reasonable time the proceeding cannot be settled through agreement, the
				  executive secretary shall refer the matter to SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.32 - Nonparty Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who instead of intervening desires merely to express support or
				  opposition in a contested case proceeding pending before the Commission may
				  file with SOAH a request for nonparty participant status which includes a
				  written statement regarding the person's position on the matter. The request
				  must be filed not later than the date set by the administrative law judge
				  (ALJ). At the time of filing, the person shall serve a copy of the statement on
				  each party of record and file proof of service with SOAH.
(b) The ALJ may authorize a late filing under
				  this section on a motion showing extenuating circumstances.
(c) A nonparty participant's statement may be
				  stricken from the record if the ALJ determines that it does not substantially
				  comply with this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.33 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing conducted by SOAH on a contested case proceeding
					 pending before the Commission is governed by SOAH's rules of
					 procedure.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.34 - Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
Not later than 10 days after the date SOAH mails a proposal
					 for decision to a party, the party may file exceptions to the proposal. A reply
					 to an exception filed under this section must be filed not later than seven
					 days after the last day for filing the exceptions. Exceptions and replies to
					 exceptions must be filed at the Commission's main office in Austin. A copy of
					 each exception and reply must be served on each party or the party's
					 representative.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.35 - Oral Argument

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				  request oral argument before the Commission before the Commission takes action
				  on a proposal for decision or motion for rehearing.
(b) Oral argument is allowed only at the
				  discretion of the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.36 - Consideration by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After the deadline for filing exceptions and replies, the proposal for decision
				  will be considered by the Commission at open meeting.
(b) The Commission may:
(1) adopt the proposal for decision, in whole
				  or in part;
(2) decline to adopt
				  the proposal for decision, in whole or in part; or
(3) remand the proceeding to SOAH and direct
				  the ALJ to give further consideration to the proceeding with or without
				  reopening the hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.37 - Final Order

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  consideration of a proposal for decision, the executive secretary shall prepare
				  a written final order documenting the Commission's decision on the proposal for
				  decision. A final order must include findings of facts and conclusions of law,
				  separately stated.
(b) A final
				  order of the Commission must be signed by a majority of the members of the
				  Commission who voted in favor of issuing the order.
(c) The executive secretary shall serve a
				  copy of the final order on each party or the party's representative and each
				  non-party participant.
(d) A final
				  order of the Commission takes effect on the date the order is issued, unless
				  otherwise stated in the order.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.38 - Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Government
				  Code, §
										RSA
				  2001.146, pertaining to rehearing after
				  Commission action, is hereby incorporated by reference.
(b) An order granting a motion for rehearing
				  vacates the preceding final order. The order granting a motion for rehearing
				  may direct that the hearing be reopened or may incorporate a new final
				  decision. If the Commission renders a new decision, a motion for rehearing
				  directed to the new decision is a prerequisite to appeal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter B - CONTESTED CASES › Section 307.39 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Government Code, §
										RSA
					 2001.171, a person who is aggrieved by an
					 order of the Commission in a contested case proceeding and who has exhausted
					 all administrative remedies is entitled to judicial review.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.61 - General Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition
				  to the authority granted the stewards and racing judges in Chapter 313
				  (relating to Officials and Rules of Horse Racing) and Chapter 315 (relating to
				  Officials and Rules of Greyhound Racing) of this title, the stewards and racing
				  judges may:
(1) conduct an inquiry regarding
				  an alleged violation of the Act or a Rule or regarding a complaint, objection,
				  or protest made by a licensee;
(2)
				  charge a licensee with a violation of a Rule;
(3) conduct disciplinary hearings;
				  and
(4) impose fines and suspend
				  occupational licenses as provided by this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.62 - Disciplinary Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority to
				  Conduct. On their own motion or on receipt of a complaint regarding the actions
				  of an occupational licensee, the stewards and racing judges may conduct a
				  disciplinary hearing regarding the licensee's actions.
(b) Notice of Hearing. Except as otherwise
				  provided by the Rules, the stewards and racing judges shall provide written
				  notice to a person who is the subject of a disciplinary hearing at least 10
				  calendar days before the hearing. Notice given under this subsection must state
				  the nature of the charges against the person and the possible penalties that
				  may be imposed. The stewards and racing judges or their designee may hand
				  deliver the written notice of the disciplinary hearing to the licensee who is
				  the subject of the hearing. Alternatively, the stewards and racing judges may
				  provide the notice by sending it by both certified mail, return receipt
				  requested, and regular mail to the licensee's last known address as found in
				  the Racing Commission's licensing records. The stewards and racing judges may
				  also send the notice by electronic mail provided that the Commission verifies
				  receipt by the licensee. The person may waive his or her right to 10 days
				  notice. Nonappearance of a licensee to whom notice has been provided under this
				  subsection shall be deemed a waiver of the right to a hearing before the
				  stewards or racing judges.
(c)
				  Rights of the Licensee. At a disciplinary hearing conducted by the stewards or
				  racing judges, the person who is the subject of the disciplinary hearing has
				  the following rights, all of which the person may waive:
(1) the right to counsel;
(2) the right to present a defense;
(3) the right to make an opening and closing
				  statement;
(4) the right to call
				  witnesses; and
(5) the right to
				  cross-examine witnesses testifying against the person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.63 - Ruling

Current through Reg. 49, No. 28; July 12, 2024
(a) The issues at a
				  disciplinary hearing shall be decided by a majority vote of the stewards or
				  racing judges. If the vote is not unanimous, the dissenting steward or judge
				  shall include with the record of the hearing a written statement of the reasons
				  for the dissent and sign the statement.
(b) A ruling by the stewards or racing judges
				  must be on a form prescribed by the executive secretary and include:
(1) the full name, license type, and license
				  number of the person who is the subject of the hearing;
(2) a statement of the allegations against
				  the person, including a reference to the specific section of the Act or
				  Rule;
(3) the date the ruling was
				  issued;
(4) the penalty
				  imposed;
(5) any changes in the
				  order of finish or prize distribution; and
(6) other information required by the
				  executive secretary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.64 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  violation of the Act or a Rule, the stewards and racing judges may:
(1) impose a fine of not more than $25,000;
				  and
(2) suspend an occupational
				  license for not more than five years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.65 - Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
The stewards and racing judges shall honor the rulings
					 issued by other pari-mutuel racing commissions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.66 - Applicability of Rules and Rulings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Rules pertaining to a licensee and rulings against a licensee apply to another
				  person if continued participation in an activity by the other person would
				  circumvent the intent of a Rule or ruling by permitting the person to serve, in
				  essence, as a substitute for the ineligible licensee because:
(1) the other person is legally liable for
				  the conduct that violated the Rule or is the subject of the ruling;
				  or
(2) the other person benefited
				  financially from that conduct.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.67 - Appeal to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to
				  Appeal. A person aggrieved by a ruling of the stewards or racing judges may
				  appeal to the Commission. A person who fails to file an appeal by the deadline
				  and in the form required by this section waives the right to appeal the
				  ruling.
(b) Filing Procedure.
(1) An appeal must be in writing in a form
				  prescribed by the executive secretary. An appeal from a ruling of the stewards
				  or racing judges must be filed not later than 5:00 p.m. of the third calendar
				  day after the day the person is informed of the ruling by the stewards or
				  racing judges. An appeal from the modification of a penalty by the executive
				  secretary must be filed not later than 5:00 p.m. of the fifth calendar day
				  after the person is informed of the penalty modification. The appeal must be
				  filed at the main Commission offices in Austin or with the stewards or racing
				  judges at a Texas pari-mutuel racetrack where a live race meet is being
				  conducted. The appeal must be accompanied by a cash bond in the amount of $150,
				  to defray the costs of the court reporter and transcripts required for the
				  appeal. The bond must be in the form of a cashier's check or money
				  order.
(2) Record of
				  Stewards'/Judges' hearing. On notification by the executive secretary that an
				  appeal has been filed, the stewards or racing judges shall forward to the
				  Commission the record of the proceeding being appealed. A person appealing a
				  stewards' or judges' ruling may request a copy of the record of the hearing and
				  the executive secretary may assess the cost of making to the copy to the
				  requestor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.68 - Stay

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Contemporaneously with filing an appeal from a stewards' or judges' ruling, a
				  licensee whose license is suspended by the ruling may request a stay of the
				  suspension. The executive secretary may grant a stay of the suspension if the
				  executive secretary determines granting the stay is in the interest of justice.
				  The executive secretary may set the term of the stay and may extend a stay if
				  circumstances warrant.
(b) The fact
				  that a stay is granted is not a presumption that the ruling by the stewards or
				  racing judges is invalid.
(c) The
				  executive secretary may rescind a stay granted under this section if the
				  executive secretary determines the reasons supporting the original issuance of
				  the stay are no longer valid.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter C - PROCEEDINGS BY STEWARDS AND RACING JUDGES › Section 307.69 - Review by Executive Secretary

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Within fourteen days after a board of stewards or judges issues a written
				  ruling under §
										RSA 307.63 of
				  this title (relating to Ruling), the executive secretary may review the ruling
				  and modify the penalty. A penalty modified by the executive secretary may
				  include a fine not to exceed $100,000, a suspension not to exceed five years,
				  or both a fine and a suspension.
(b) The decision to modify a penalty must be
				  on a form that includes:
(1) the full name,
				  license type, and license number of the person who is the subject of the
				  penalty modification;
(2) the
				  original ruling number and the date the ruling was issued by the stewards or
				  judges;
(3) the date the modified
				  penalty was issued by the executive secretary;
(4) the modified penalty imposed;
(5) a statement of the reason for modifying
				  the penalty; and
(6) a statement
				  informing the person of the person's right to appeal the ruling, with the
				  modified penalty, to the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter D - RULEMAKING › Section 307.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
As authorized by the Act, §3.02 and other law, the
					 Commission shall adopt rules as authorized and required by law which are
					 necessary for the performance of its duties, to establish standards of conduct
					 for its licensees, to ensure strict compliance with and enforcement of the Act,
					 to ensure uniform practice and procedure, and to provide for public
					 participation, notice of agency actions, and a fair and expeditious
					 determination of matters.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter D - RULEMAKING › Section 307.102 - Rulemaking Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive secretary or a Commissioner may present to the Commission a suggested
				  new rule, amendment to an existing rule, or repeal of a rule.
(b) The executive secretary shall provide a
				  copy of each suggested new rule, amendment to an existing rule, or repeal of a
				  rule to each Commissioner before the Commission meeting at which the rule will
				  be considered.
(c) If the
				  Commission votes to propose a suggested new rule, amendment to an existing
				  rule, or repeal of a rule, the executive secretary shall file the proposal with
				  the Secretary of State for publication in the Texas Register in accordance with
				  the Administrative Procedure Act, Government Code, Chapter 2001.
(d) Contemporaneously with filing with the
				  Texas Register, the executive secretary shall distribute a copy of each
				  proposal to each association. On receipt of a proposal, an association shall
				  promptly post the proposal in a prominent place that will ensure access by
				  interested persons.
(e) The
				  documentation filed with the Secretary of State for publication in the Texas
				  Register and the transcript of the Commission meeting at which a rule is
				  finally adopted constitutes the Commission's order adopting the rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter D - RULEMAKING › Section 307.103 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person may request the Commission to adopt, amend, or repeal a rule by filing
				  the request in writing with the executive secretary.
(b) The request must include:
(1) the full name, address, and telephone
				  number of the person making the request;
(2) the text of the new section or amendment,
				  or a reference to the section proposed for repeal, identified in a manner
				  sufficient to show the context of the new section, amendment, or
				  repeal;
(3) a suggested effective
				  date;
(4) reasons for the proposed
				  action in narrative form in sufficient detail to inform the Commission fully of
				  the facts on which the person relies;
(5) the desired effect of the proposed
				  section, amendment, or repeal;
(6)
				  the fiscal implications of the proposed section, amendment, or repeal to the
				  state, to units of local government, to small businesses, and to individuals,
				  if any; and
(7) the signature of
				  the person or a representative of the person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter D - RULEMAKING › Section 307.104 - Saving Provisions

Current through Reg. 49, No. 28; July 12, 2024
The amendment or repeal of a rule does not affect:
(1) the prior operation of the rule or any
				  prior action taken under the Rule;
(2) any right, privilege, obligation, or
				  liability previously acquired, accorded, or incurred under the Rule;
(3) any violation of the Rule or any penalty
				  or punishment incurred under the Rule before its amendment or repeal;
				  or
(4) any investigation,
				  proceeding, or remedy concerning any privilege, obligation, liability, penalty
				  or punishment under the Rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 307 - PROCEEDINGS BEFORE THE COMMISSION › Subchapter D - RULEMAKING › Section 307.105 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any part of a Commission rule or a rule's application to
					 any person or circumstance is held invalid, the invalidity does not affect
					 other parts or applications of the Rules that can be given effect without the
					 invalid part or application, and to this end the Commission's rules are
					 severable.
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 309.1 - Racetrack Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Required.
(1) A person may not conduct a race meeting
					 at which pari-mutuel wagering is conducted unless the person has a valid
					 license to conduct a race meeting issued by the Commission.
(2) A licensee may not employ a person to
					 work at a racetrack at which pari-mutuel wagering is conducted unless the
					 person has a valid license issued by the Commission.
(3) The Commission shall issue a license in
					 the form of a Commission Order to each association granted a license to operate
					 a racetrack with pari-mutuel wagering.
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 309.2 - Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Consistent with
					 the Texas Racing Act which prohibits the Commission from granting more than
					 three Class 1 horse racetrack licenses and which requires the Class 1
					 racetracks to be located only in counties with a population of 1.3 million or
					 more or in a county adjacent to such a county, the Commission determines that
					 only one Class 1 horse racetrack license will be granted for each eligible
					 geographical area. No more than one Class 1 racetrack may be located in a
					 county.
(b) Consistent with the
					 Texas Racing Act which prohibits the Commission from granting more than three
					 greyhound racetrack licenses and which requires the greyhound racetracks to be
					 located only in counties with a population of 190,000 or more and with all or
					 part of an island that borders the Gulf of Mexico, the Commission determines
					 that only one greyhound racetrack license will be granted for each eligible
					 geographical area.
(c) If the
					 Commission receives more than one application for a Class 1 or greyhound
					 racetrack license for an eligible geographical area, the Commission may:
(1) refuse to grant a license to any of the
					 applicants; or
(2) grant the
					 license to the applicant which, in the sole judgment and discretion of the
					 Commission, will be in the best interest of racing and the public.
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 309.3 - Racetrack License Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) General Requirements.
(1) To apply for a license to operate a
					 racetrack, a person must:
(A) provide to the
					 Commission all the information requested on the form prescribed by the
					 executive secretary;
(B) submit to
					 the Commission all additional documents required by the application and this
					 subchapter; and
(C) pay an
					 application fee to the Commission.
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 309.4 - Information for Background Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Fingerprint Requirements and Procedure.
(1)
					 Except as otherwise provided by this section, an applicant for a license must
					 submit with the application documents a set of the applicant's fingerprints on
					 a form prescribed by the Department of Public Safety for classification by the
					 Federal Bureau of Investigation and the Department of Public Safety. If the
					 applicant is not an individual, the applicant must submit a set of fingerprints
					 on the above-referenced form for each individual who:
(A) serves as a director, officer, or partner
					 of the applicant;
(B) holds a
					 beneficial ownership interest in the applicant of 5.0% or more; or
(C) owns any interest in the applicant, if
					 requested by the Department of Public Safety.
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 309.5 - Restrictions on Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) Lease. If
					 an applicant for a license to operate a racetrack intends to lease the
					 racetrack facility from another person, the Commission may not grant the
					 license if the Commission determines that:
(1) the lessor would not be qualified to be
					 issued a license; or
(2) the lease
					 is a subterfuge to avoid compliance with the Act or a rule of the
					 Commission.
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 309.6 - Order for Security for Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An association must post security in an amount determined by the Commission to
					 adequately ensure:
(1) the association's
					 compliance with the Act and the Rules;
(2) the association's completion of the
					 racetrack facilities on or before the date approved by the
					 Commission;
(3) the start of
					 simulcast racing on or before the date approved by the Commission;
					 and
(4) the start of live racing on
					 or before the date approved by the Commission.
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 309.7 - Horse Racetrack Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 General Provisions.
(1) An applicant for a
					 license must submit with the application documents an application or license
					 fee in an amount set by the Commission.
(2) The application fee for a racetrack
					 license must be in the form of a certified check or cashier's check.
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 309.8 - Racetrack License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of
					 Fees. An association shall pay a license fee to the Commission to pay the
					 Commission's costs to administer and enforce the Act and to regulate, oversee,
					 and license live and simulcast racing at racetracks.
(b) Annual License Fee. A licensed racing
					 association shall pay an annual license fee by remitting to the Commission
					 1/12th of the fee on the first business day of each month. The annual license
					 fee for each license type is as follows:
(1)
					 for a Class 1 racetrack, $223,530;
(2) for a Class 2 racetrack,
					 $106,176;
(3) for a Class 3 or 4
					 racetrack, $27,941; and
(4) for a
					 Greyhound racetrack, $156,471.
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 309.9 - Denial, Suspension and Revocation of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) After notice and hearing in accordance
					 with Subchapter B, Chapter 307 of this title (relating to Contested Cases), the
					 Commission may deny, suspend, or revoke a license issued by the
					 Commission.
(2) If the licensee is
					 not an individual, the grounds for denial, suspension, or revocation of a
					 license apply if a director, officer, or partner of the licensee or an
					 individual who owns an interest in the licensee of 5.0% or more engages in
					 conduct for which a license may be denied, suspended, or revoked.
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 309.10 - Notice and Curative Right of Debt Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) If the executive secretary initiates a
					 disciplinary action proposing license suspension or revocation against an
					 association which has debt outstanding regarding the racetrack premises and
					 facilities, the executive secretary shall serve a copy of the notice of the
					 proceedings on the debt holder if the executive secretary has been given
					 written notice of:
(1) the existence of the
					 debt; and
(2) the name and address
					 of the person to whom notice under this section may be sent.
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 309.12 - Fees for Requests to Approve Change of Location

Current through Reg. 49, No. 28; July 12, 2024
(a) General Provisions. A license holder who
					 requests Commission approval to change the location of 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. The processing charge is the amount needed by the Commission
					 to cover the administrative costs of processing the request. 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 cost to the
					 Commission of processing the request exceeds 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 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 change the location of a racetrack 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,
					 $100,000;
(ii) for a Class 2
					 racetrack, $50,000;
(iii) for a
					 Class 3 racetrack, $15,000; and
(iv) for a Class 4 racetrack,
					 $7,500.
(B) The amount
					 to be deposited for the processing charge for a greyhound racetrack request is
					 $100,000.