Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 8 - TEXAS RACING COMMISSION › Chapter 301 - DEFINITIONS › Section 301.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Words and terms
				defined in the Act shall have the same meaning when used in this part unless
				otherwise defined below.
(b) The
				following words and terms, when used in this part, shall have the following
				meanings, unless the context clearly indicates otherwise:
(1) Act--The Texas Racing Act, Subtitle A-1,
				Title 13, Texas Occupations Code.
(2) Active license--a racetrack license
				designated by the commission as active.
(3) Age of a greyhound--determined as
				beginning on the day the greyhound is whelped.
(4) Age of a horse--determined as beginning
				on the first day of January in the year in which the horse is foaled.
(5) Application documents--documents
				submitted by an applicant for a license in support of the
				application.
(6) Application
				period--a period designated by the Commission for the submission of application
				documents for a racetrack license.
(7) Association grounds--all real property
				approved by the Commission for use by an association in the conduct of a race
				meeting.
(8) Association
				veterinarian--a veterinarian employed by the association.
(9) Authorized agent--a person appointed in
				writing by the owner or trainer of a horse or greyhound to represent the owner
				or trainer at a racetrack.
(10)
				Backstretch--the straightaway on the side of a track that is opposite to the
				finish line.
(11) Booking--a
				contract between an association and a kennel owner for the kennel owner to
				provide greyhounds to the association for a race meeting and for the
				association to provide kennel buildings to house the greyhounds.
(12) Branding--the act of a totalisator
				system imprinting a mutuel ticket with information that identifies the ticket
				as canceled or cashed and automatically making the appropriate notation in the
				system's memories.
(13) Canceled
				ticket--a mutuel ticket that represents a wager that has been canceled and
				withdrawn from the pari-mutuel pool.
(14) Cashed ticket--a mutuel ticket that is
				paid for a winning wager.
(15)
				Chief veterinarian--the chief veterinarian employed by the
				Commission.
(16) Common pool--a
				pool in which the wagers received at a receiving location are combined with the
				wagers received at a sending racetrack.
(17) Condition of a race--a characteristic
				element of the race, such as the distance, qualifications of animal to enter,
				purse or stakes, or other special features.
(18) Coupled entry--two or more horses
				entered in a race that, because of common ties of ownership are joined to be a
				single betting interest in that race.
(19) Cushion--the top level of a dirt
				racetrack.
(20) Dead heat--a race
				in which two or more race animals finish at the same time.
(21) Double entry--an entry of two or more
				greyhounds in the same race that have either common ownership or the same
				trainer and are separate wagering interests.
(22) Encrypted--scrambled or otherwise
				manipulated audio-visual signals to mask the original video content of the
				signal to cause the signals to be indecipherable and unrecognizable to any
				person receiving the signal.
(23)
				Entry--a horse, or horses in the case of a coupled entry, made eligible to run
				in a race.
(24) Established
				weight--the racing weight for a greyhound established in accordance with the
				Rules.
(25) Exempt institutional
				investor--an investor who is:
(A) an
				insurance company as defined by the Securities Act of 1933, §2(13), a bank
				as defined by that Act, §3(a)(2), a savings and loan association or other
				institution referenced in that Act, §3(a)(5)(A), or a foreign bank or
				savings and loan association or equivalent institution;
(B) an investment company as defined by the
				Investment Company Act of 1940, §3(a), an issuer that would have been
				deemed an investment company under that Act except for the exclusion in that
				Act, §3(c)(1), or a business development company as defined by that Act,
				§2(c)(48);
(C) a small
				business investment company licensed by the United States Small Business
				Administration under the Small Business Investment Act of 1958,
				§301(c);
(D) a plan
				established and maintained by a state, its political subdivisions, or an agency
				or instrumentality of a state or its political subdivisions for the benefit of
				its employees;
(E) an employee
				benefit plan within the meaning of Title I of the Employee Retirement Income
				Security Act of 1974;
(F) a trust
				fund whose trustee is a bank or trust company and whose participants are
				exclusively plans of the types identified in subparagraph (D) or (E) of this
				definition, except trust funds that include as participants individual
				retirement accounts or H.R. 10 plans;
(G) a business development company as defined
				by the Investment Advisers Act of 1940, §202(a)(22), or an investment
				adviser registered under that Act;
(H) an organization described in the Internal
				Revenue Code, §501(c)(3);
(I)
				a dealer registered under the Securities Exchange Act of 1934,
				§15;
(J) a legal entity with a
				market value of at least $50 million whose securities are traded on a
				nationally recognized or foreign securities exchange or interdealer quotation
				system, such as NASDAQ; and
(K) a
				legal entity, acting for its own account or the account of other exempt
				institutional investors, that in the aggregate owns and invests on a
				discretionary basis at least $25 million in securities of issuers that are not
				affiliated with the entity, with the aggregate value of the securities being
				the cost of the securities, except if the entity reports its securities
				holdings in its financial statements based on their market value and no current
				information regarding the cost of the securities has been published, in which
				case the securities may be valued at market.
(26) Exotic pool--a mutuel pool that involves
				wagers on more than one entered horse or greyhound or on entries in more than
				one race.
(27) False start--failure
				of the starting gate or box doors to open simultaneously.
(28) Foul--an action by a horse or jockey
				that hinders or interferes with another horse or jockey during the running of a
				race.
(29) Greyhound race--a
				contest among greyhounds for purse, stakes, premium, or wager for money, run in
				the presence of the racetrack officials, including the following:
(A) Hurdle race--a race over a course in
				which jumps or hurdles are used.
(B) Match race--a race between two or more
				greyhounds, each the property of different owners, on terms agreed on by the
				owners and approved by the Commission.
(C) Overnight race--a race for which entries
				close 96 hours or less before the time set for the first race of the day on
				which the race is to bee run.
(D)
				Purse race--a race for money or other prize to which the owners of the
				greyhounds engaged in the race do not contribute an entry.
(E) Race on the flat--a race over a course in
				which no jumps or other obstacles are placed.
(F) Stakes race--a race in which all money is
				to be deposited by the owners of the greyhounds engaged in the race, including
				a race of the day on which the stakes race is to be run.
(30) Groom--an individual employed by an
				owner or trainer of a racehorse to tend to the physical appearance of the horse
				and to perform chores in and around the stable.
(31) Growing medium--the substance
				immediately below the grass on a turf track.
(32) Handle--the total amount of money
				wagered at a racetrack during a particular period.
(33) Horse--an equine of any breed, including
				a stallion, gelding, mare, colt, filly, or ridgling.
(34) Horse Race--a running contest between
				horses for entry fees, purse, prize, or other reward, including the following:
(A) Claiming race--a race in which a horse
				may be claimed in accordance with the Rules.
(B) Derby race--a race in which the first
				condition of eligibility is to be three years old.
(C) Futurity race--a race in which the first
				condition of eligibility is to be two years old.
(D) Guaranteed race--a race for which the
				association guarantees by its conditions a specified purse, which is the limit
				of its liability.
(E) Handicap
				race--a race in which the weights to be carried by the entered horses are
				adjusted by the racing secretary for the purpose of equalizing their respective
				chances of winning.
(F) Match
				race--a race between only two horses that are owned by different
				owners.
(G) Maturity race--a race
				in which the first condition of eligibility is to be four years of age or
				older.
(H) Optional claiming
				race--a claiming race in which there is an option to have horses entered to be
				claimed for a stated price or not eligible to be claimed.
(I) Progeny race--a race restricted to the
				offspring of a specific stallion or stallions.
(J) Purse or overnight race--a race for which
				owners of horses entered are not required by its conditions to contribute money
				toward its purse.
(K) Stakes
				race--a race to which nominators of the entries contribute to a
				purse.
(L) Starter race--an
				overnight race under allowance or handicap conditions, restricted to horses
				which have previously started for a designated claiming price or less, as
				stated in the conditions of the race.
(M) Walkover race--a stakes race in which
				only one horse starts or all the starters are owned by the same
				interest.
(N) Weight for age
				race--a race in which weights are assigned in keeping with the scale of weights
				in these rules.
(35) In
				today horse--a horse that is in the body of a race program which is entered
				into a race on the next consecutive race day.
(36) Inactive license--a racetrack license
				designated by the commission as inactive.
(37) Kennel area--an area on association
				grounds for the boarding or training of greyhounds.
(38) Lead out--an individual who handles a
				greyhound from the lockout kennel to the starting box.
(39) Locked in the gate--a horse or greyhound
				that is prevented from leaving the starting gate or box due to the failure of
				the front door of the gate or box to open simultaneously with the other
				doors.
(40) Lure--a mechanical
				apparatus at a greyhound racetrack consisting of a stationary rail installed
				around the track, a motorized mechanism that travels on the rail, and a pole
				that is attached to the mechanism and extends over the track, and to which a
				decoy is attached.
(41) Maiden--a
				horse or greyhound that has never won a race at a recognized race meeting
				authorized by the Commission or by another racing jurisdiction.
(42) Minus pool--a pool in which there are
				insufficient net proceeds to pay the minimum price to holders of the winning
				tickets.
(43) Mutuel field--a group
				of horses joined as a single betting interest in a race due to the limited
				numbering capacity of the totalisator.
(44) No race--a race that is canceled after
				being run due to a malfunction of the starting gate or box or any other
				applicable reason as determined by the Rules.
(45) Nominator--the person in whose name a
				horse or greyhound is entered for a race.
(46) Occupational licensee--an individual to
				whom the Commission has issued a license to participate in racing with
				pari-mutuel wagering.
(47) Odds--a
				number indicating the amount of profit per dollar wagered to be paid to holders
				of winning pari-mutuel tickets.
(48) Off time--the moment when, on signal
				from the starter, the horses or greyhounds break from the starting gate or box
				and run the race.
(49) Paddock--the
				area in which horses or greyhounds gather immediately before a race.
(50) Paper/Program Trainer--a licensed
				trainer who solely for the purposes of the official race program is identified
				as the trainer of a horse that is actually under the control of and trained by
				another person who may or may not hold a current trainer's license in any
				jurisdiction.
(51) Patron--an
				individual present on association grounds during a race meeting who is eligible
				to wager on the racing.
(52)
				Pecuniary interest--includes a beneficial ownership interest in an association,
				but does not include bona fide indebtedness or a debt instrument of an
				association.
(53) Performance--the
				schedule of horse or greyhound races run consecutively as one program. A
				greyhound performance consists of fifteen or fewer races unless approved by the
				executive secretary.
(54)
				Photofinish--the system of recording pictures or images of the finish of a race
				to assist in determining the order of finish.
(55) Place--to finish second in a
				race.
(56) Post position--the
				position assigned to a horse or greyhound in the starting gate or
				box.
(57) Post time--the time set
				for the arrival at the starting gate or boxes by the horses or greyhounds in a
				race.
(58) Purse--the cash portion
				of the prize for a race.
(59) Race
				date--a date on which an association is authorized by the Commission to conduct
				races.
(60) Race day--a day in
				which a numerical majority of scheduled races is conducted and is a part of the
				association's allocated race days.
(61) Race meeting--the specified period and
				dates each year during which an association is authorized to conduct racing
				and/or pari-mutuel wagering by approval of the Commission.
(62) Racetrack facility--the buildings,
				structures and fixtures located on association grounds used by an association
				to conduct horse or greyhound racing.
(63) Racetrack official--an individual
				appointed or approved by the Commission to officiate at a race
				meeting.
(64) Racing judge--the
				executive racing official at a greyhound track.
(65) Reasonable belief--a belief that would
				be held by an ordinary and prudent person in the same circumstances as the
				actor.
(66) Recognized race
				meeting--a race meeting held under the sanction of a turf authority.
(67) Refunded ticket--a pari-mutuel ticket
				that has been refunded for the value of a wager that is no longer
				valid.
(68) Rule off--to bar an
				individual from the enclosure of an association and to deny all racing
				privileges to the individual.
(69)
				Rules--the rules adopted by the Texas Racing Commission found in Title 16, Part
				VIII of the Texas Administrative Code.
(70) Schooling race--a practice race
				conducted under actual racing conditions but for which wagering is not
				permitted.
(71) Scratch--to
				withdraw an entered horse or greyhound from a race after the closing of
				entries.
(72) Scratch time--the
				closing time set by an association for written requests to withdraw from a
				race.
(73) Show--to finish third in
				a race.
(74) Specimen--a bodily
				substance, such as hair, blood, urine, saliva, or other bodily tissues taken
				for analysis from a horse, greyhound, or individual in a manner prescribed by
				the Commission.
(75) Stakes
				payments--the fees paid by subscribers in the form of nomination, entry, or
				starting fees to be eligible to participate.
(76) Stallion owner--a person who is owner of
				record, at the time of conception, of the stallion that sired the accredited
				Texas-bred horse.
(77) Starter--a
				horse or greyhound entered in a race when the doors of the starting gate or box
				open in front of the horse or greyhound at the time the official starter
				dispatches the horses or greyhounds.
(78) Straight pool--a mutuel pool that
				involves wagers on a horse or greyhound to win, place, or show.
(79) Subscription--money paid to nominate,
				enter, or start a horse or greyhound in a stakes race.
(80) Tack room--a room in the stable area of
				a horse racetrack in which equipment for training and racing the horses is
				stored.
(81) Totalisator--a machine
				or system for registering and computing the wagering and payoffs in pari-mutuel
				wagering.
(82) Tote board--a
				facility at a racetrack that is easily visible to the public on which odds,
				payoffs, advertising, or other pertinent information is posted.
(83) Tote room--the room in which the
				totalisator equipment is maintained.
(84) Tout--an individual licensed to furnish
				selections on a race in return for a set fee.
(85) Trial--a race designed primarily to
				determine qualifiers for finals of a stakes race.
(86) Uplink--an earth station broadcasting
				facility, whether mobile or fixed, which is used to transmit audio-visual
				signals and/or data emanating from a sending racetrack, and includes the
				electronic transfer of received signals from the receiving antenna to TV
				monitors within the receiving location.
(87) Weigh in--the process by which a jockey
				is weighed after a race or by which a greyhound is weighed before being placed
				in the lockout kennel.
(88)
				Weighing in weight--the weight of a greyhound on weighing in to the lockout
				kennel.
(89) Weigh out--the process
				by which a jockey or greyhound is weighed before a race.
(90) Weighing out weight--the weight of a
				greyhound on weighing out of the lockout kennel immediately before post time
				for the race in which the greyhound is entered.
(91) Win--to finish first in a
				race.
(92) Winner--
(A) for horse racing, the horse whose nose
				reaches the finish line first, while carrying the weight of the jockey or is
				placed first through disqualification by the stewards; and
(B) for greyhound racing, the greyhound whose
				muzzle, or if the muzzle is lost or hanging, whose nose reaches the finish line
				first or is placed first through disqualification by the judges.