TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 68. ELIMINATION OF ARCHITECTURAL BARRIERS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to the existing rules at 16 Texas Administrative Code (TAC), Chapter 68, §§68.20, 68.30, 68.31, 68.51 - 68.54, 68.60, 68.70, 68.74 - 68.76 and 68.90; proposed repeal of current §68.55 and §68.80; and proposed new §68.80 and §68.103, regarding the Elimination of Architectural Barriers program, without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9831). The rules will not be republished.

The Commission also adopts amendments to existing rules at 16 TAC, Chapter 68, §§68.10, 68.50, 68.93 and 68.102, with changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9831). The rules will be republished.

The current Elimination of Architectural Barriers program rules have been in effect since March 15, 2012. Federal and industry standards have significantly changed and the program rules must be updated to reflect current standards and industry practice; eliminate confusion and conflicts; and provide better guidance to the public. The adopted amendments, new rules and repeal are necessary to clarify inconsistencies; align the rules with state and federal accessibility standards; remove redundant and outdated provisions; provide registered accessibility specialists with the flexibility to submit variance applications; and remove state government from private business decisions.

The adopted amendments to §68.10 add definitions for "alteration", "commerce", "estimated construction cost", "housing at a place of education", and "public entity". Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §68.20 clarify the types of buildings and facilities subject to compliance with Texas Accessibility Standards. Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §68.30 simplify language and clarifies the lack of requirement for private two story buildings to provide an accessible route to the second floor. Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §68.31 remove non-applicable language regarding practiced variance procedures.

The adopted amendments to §68.50 require certain submissions to include "estimated construction cost" and allows for certain documents to be provided electronically. Editorial changes were also made to renumber the section accordingly.

The adopted amendment to §68.51 removes the Department from the plan review process.

The adopted amendments to §68.52 eliminate the need for the "request for inspection" form. Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §68.53 remove the Department from the plan review and inspections process.

The adopted amendments to §68.54 delete non-applicable language and allow certain documents to be submitted electronically.

The adopted repeal of §68.55 eliminates non-applicable language since the Department no longer performs plan reviews.

The adopted amendments to §68.60 eliminate the need for the "notice of substantial compliance request" form. Editorial changes were made to be consistent throughout the Department’s rules.

The adopted amendment to §68.70 removes the requirement for registered accessibility specialists to attend the Department’s Academy.

The adopted amendments to §68.74 make editorial changes based on the Department’s current practice.

The adopted amendments to §68.75 allow for individual registered accessibility specialists to work as a group or business. Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §68.76 adds that registered accessibility specialists must be knowledgeable about Department Bulletins and removes the restriction on submitting variance applications. Editorial changes were also made to renumber the section accordingly.

The adopted repeal of current §68.80 is replaced by new §68.80, which removes the review fee and restructures the information according to the Department’s other rule chapters.

The adopted amendments to §68.90 make editorial changes to be consistent throughout the Department’s rules.

The adopted amendments to §68.93 allow for a complaint to be filed if the registered accessibility specialist does not comply with procedures.

The adopted amendments to §68.102 clarify the standards acceptable to the Department for public right-of-way projects.

The adopted new §68.103 provides the requirements for detention and correctional facilities.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the December 16, 2016, issue of the Texas Register (41 TexReg 9831). The deadline for public comments was January 17, 2017. The Department received comments from nineteen individuals and the Accessibility Professionals Association on the proposed rules during the 30-day public comment period. The Department also received two public comments at the Architectural Barriers Advisory Board meeting.

Comment--Two commenters stated that the definitions in §68.10 should match the Texas Accessibility Standards, Section 106.

Department Response--The definitions do not conflict with the definitions in the Texas Accessibility Standards and are defined for references made in the rules for better understanding. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters suggested that the term "normal maintenance" should be include in the definition of "alteration" at §68.10(2), similar to the Texas Accessibility Standard Section 106.5.5 and the repealed term "Renovation, Modification, or Alteration".

Department Response--The term "normal maintenance" has been found to be too vague and difficult to define. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter suggested adding the term "blended transition" to the list of defined terms.

Department Response--The term "blended transition" is already defined in the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) at R304.4 and the rule proposal at §68.102(a) will now accept compliance with PROWAG. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters note that the State Project Registration Form and the definition of "estimated construction cost" as added should match once adopted.

Department Response--This form will be updated once the proposed rules are adopted. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters note that the Proof of Submission Form and the definition of "issue" as amended will not match once the rules are adopted.

Department Response--This comment addresses Department forms and will be addressed once the proposed rules are adopted. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters note that §68.20 uses the terms "renovated, or modified" which were removed from the definitions and state that this seems confusing.

Department Response--The Department agrees that this may cause confusion. The Department made a change to the definition of "alteration" to include "renovation" and "modification" to clear up any confusion.

Comment--One commenter believes that the correct language in §68.20(g) should be "less than $50,000 are not subject" stating that the word "less" is left off and it should not be "or not subject". The commenter asks to clarify the intent of the language and if the amendment means that renovations costing less than $50,000 would not have to comply with Texas Accessibility Standards.

Department Response--The term "less" is not left out of the proposed rules and the phrase should be "or not subject". This section does not state that a project costing less that $50,000 does not have to comply with Texas Accessibility Standards. It states that if a project costs less than $50,000 the project does not need to be registered, reviewed, or inspected. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter suggests the term "common use" should remain in §68.30(2).

Department Response--The term "common use" is an ambiguous term. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter stated that the Department should not be inferring a preference as to the format that plans are submitted. The commenter suggests that the Department remove "All plans may be submitted in electronic format" from §68.50(a).

Department Response--The Department does not infer a preference and the phrase is permissive allowing for plans to be submitted in electronic format, it does not require that it be submitted electronically. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters question why the project filing fee is required when the design professional or owner registers the construction project when the fees are paid online when registered.

Department Response--The commenters are correct. However, some pay the registered accessibility specialist directly and prior to registering the project. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter states that the Architectural Barriers Project Registration Confirmation Page is not a form that is required to be "completed" and suggests the term be changed to "submitted".

Department Response--The Department agrees with the commenter and changed the term "completed" in §68.50(d) to "submitted".

Comment--Three commenters, including the Accessibility Professionals Association suggest that plan review findings should be allowed to be submitted electronically.

Department Response--There is currently no prohibition against providing plan review findings electronically. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter questions whether or not the term "department" in §68.51(b) was missed during editing and should be removed.

Department Response--The Department still needs flexibility to review these documents if necessary. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters suggest that because the term "construction change directive" was added to the definition of "Construction Documents" it should be changed in §68.51(c).

Department Response--The Department agrees that the term "construction change directive" is included in the term "Construction Document", therefore the Department believes there is no need to maintain the list for clarity. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Nine comments were received regarding the removal of the requirement for the "Request for Inspection Form" expressing concern regarding problems with "hijacking" inspections; how the Department will monitor projects if there is no state form; and how the process will look without a "Request for Inspection Form".

Department Response--The Department will update any process changes as a result of the proposed rule change once adopted. Removing the "Request for Inspection Form" will allow more flexibility for the owner to hire a registered accessibility specialist to conduct an inspection, a request for inspection must still be made. Department issued forms are often mailed incorrectly to the Department and this causes more confusion. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Three commenters including the Accessibility Professionals Association, recommended language be added to §68.52(b) to allow the owner be advised electronically of the inspection results.

Department Response--There is currently no prohibition on providing inspection results to the owner electronically. The Department did not make any changes to the proposed rules in response to this comment.

Comment--The Accessibility Professionals Association suggested striking §68.53(a)(2) regarding a registered accessibility specialist’s ability to grant an extension, stating that they have no authority to grant an extension.

Department Response--A registered accessibility specialist is allowed to hold the file for up to 270 days according to current procedures. Therefore, an extension can be granted by the registered accessibility specialist for up to 270 days. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter asks what the guidelines are for a registered accessibility specialist to grant an extension according to §68.53(a)(2).

Department Response--Since this is a procedural question, the Department recommends the commenter to review the RAS procedures for guidance on this issue. The Department did not make any changes to the proposed rules in response to this comment.

Comment--Two commenters ask for clarification on the procedures for §68.75(b) regarding shared services.

Department Response--The registered accessibility specialist procedures will be updated to reflect any adopted proposed rules. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter asks whether there will be new procedures based on the rule changes.

Department Response--The procedures will be updated to reflect the adopted proposed rules. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter noted that the intention of the proposed change to §68.93 is to allow complaints to be filed if the registered accessibility specialist does not comply with procedures. However, the reference to procedures was erroneously placed in the wrong sentence.

Department Response--This was an error and the placement of the term "procedures" was corrected, per this comment.

Comment--Two commenters express confusion that §68.102 uses the term "renovated, or modified" that were removed from the definitions.

Department Response--To address the confusion, the Department has updated the definition of alteration to include the terms "renovated" and "modified" in response to this comment.

Comment--One commenter submitted new language regarding §68.102(c).

Department Response--The proposed rules will now accept compliance with PROWAG. These requirements are covered under PROWAG and do not need to be specifically enumerated. The Department has removed the redundant provisions that are already covered by §68.102(a).

Comment--Two commenters oppose removing the reference to diagonal curb ramps.

Department Response--The proposed rules will now accept compliance with PROWAG. Diagonal curb ramps will still be a requirement covered under PROWAG and does not specifically need to be enumerated. The Department did not make any changes to the proposed rules in response to this comment.

Comment--The Accessibility Professionals Association and an individual suggested changing the process of developing Technical Memos at the Advisory Board meeting.

Department Response--These comments do not address any current proposed rules; therefore, the Department did not make any changes to the proposed rules in response to these comments.

The Architectural Barriers Advisory Board (Board) met on March 7, 2017, to discuss the proposed rules and the public comments received. The Board recommended adopting the proposed amendments with changes to §§68.10, 68.50, 68.93 and 68.102. At its meeting on April 5, 2017, the Commission adopted the proposed rules with changes as recommended by the Board.

16 TAC §§68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.60, 68.70, 68.74 - 68.76, 68.80, 68.90, 68.93, 68.102, 68.103

The amended and new rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 469, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 469. No other statutes, articles, or codes are affected by the adoption.

§68.10.Definitions.

The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Texas Government Code, Chapter 469, Elimination of Architectural Barriers (the Texas Architectural Barriers Act).

(2) Alteration-- A renovation, modification, or change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Re-roofing, painting, or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

(3) Building--Any structure located in the State of Texas used or intended for supporting or sheltering any use or occupancy.

(4) Commencement of Construction--The date of placement of engineering stakes, delivery of lumber or other construction materials to the job site, erection of batter boards, formwork, or other construction related work.

(5) Commerce--Travel, trade, traffic, transportation, or communication among the several States; between any foreign country or any territory or possession and any State; or between points in the same State and through another State or foreign country.

(6) Completion of Construction--The date when a construction project results in occupancy or the issuance of a certificate of occupancy. For public roadway projects, completion of construction occurs upon final payment and release of the contractor performing the work or, if the work is performed by public employees, removal of barricades and opening of all traffic lanes for use.

(7) Construction Documents--Drawings, specifications, addenda, change orders, construction change directives and other supplemental documents prepared for the purpose of regulatory approval, permitting, or construction.

(8) Contract Provider--The state agency or political subdivision under contract with the department to perform plan reviews, inspections, or both.

(9) Crosswalk--That part of a roadway where motorists are required to yield to pedestrians crossing, as defined by state and local regulations, whether marked or unmarked.

(10) Curb Line--A line that represents the extension of the face of the curb and marks the transition between the sidewalk and the gutter or roadway at a curb ramp or flush landing.

(11) Designated Agent--An individual designated in writing by the owner to act on the owner's behalf.

(12) Element--An architectural or mechanical component of a building, facility, space, or site, e.g., telephone, curb ramp, door, drinking fountain, seating, water closet, or public right-of-way.

(13) Estimated Construction Cost--Includes all costs for construction of a project except site acquisition, architectural, engineering and consulting fees, furniture, and equipment unless the equipment is part of the mechanical, electrical, or plumbing systems.

(14) Facility--All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site e.g. complexes, equipment, roads, walks, passageways, parking lots, or other real property subject to the Act.

(15) Housing at a Place of Education--Public or privately funded housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

(16) Issue--To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, registered interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, registered interior designer, landscape architect, or engineer.

(17) Overall Responsibility--The level of responsibility held by an architect, registered interior designer, landscape architect or engineer who prepares construction documents and coordinates the various aspects of the design of a building or facility.

(18) Owner--The person or persons, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to the subject building or facility. For purposes under these rules and the Act, an owner may designate an agent; however, the owner remains responsible for compliance with the Act.

(19) Pedestrian Access Route--A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path.

(20) Pedestrian Elements--Components that make up a pedestrian access route including, but not limited to walking surfaces, ramps, curb ramps, crosswalks, pedestrian overpasses and underpasses, automated pedestrian signals, elevators, and platform lifts.

(21) Public Entity--Any State or local government or any department, agency, special purposes district, or other instrumentality of a State or States or local government.

(22) Public Right-of-Way--Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes.

(23) Registered Building or Facility--For the purposes of §469.101 of the Act, a registered building or facility is a construction project that has been assigned a project registration number by the department.

(24) Registered Accessibility Specialist--An individual who is certified by the department to perform review and inspection functions of the department.

(25) Religious Organization--An organization that qualifies for an exemption from taxation, as a religious organization as provided in Texas Tax Code, Chapter 11, §11.20(c).

(26) Rules--Title 16, Texas Administrative Code, Chapter 68, the administrative rules of the Texas Department of Licensing and Regulation promulgated pursuant to the Act.

(27) Sidewalk--That portion of an exterior circulation path that is improved for use by pedestrians and usually paved.

(28) State Agency--A board, commission, department, office, or other agency of state government.

(29) TAS--The 2012 Texas Accessibility Standards which were adopted by the Commission and became effective March 15, 2012.

(30) Variance Application--The formal documentation filed with the department, by which the owner requests that the department waive or modify accessibility standards.

§68.50.Submission of Construction Documents.

(a) All plans and specifications for the construction of or alteration to a building or facility subject to §469.101 of the Act must be submitted to a registered accessibility specialist or contract provider for review if the estimated construction cost is at least $50,000. All plans may be submitted in electronic format.

(b) An architect, registered interior designer, landscape architect, or engineer with overall responsibility for the design of a building or facility subject to §469.101 of the Act, shall mail, ship, provide electronically, or hand-deliver the construction documents along with a Proof of Submission form to a registered accessibility specialist, or a contract provider not later than the twentieth day after the plans and specifications are issued. In computing time under this subsection, a Saturday, Sunday or legal holiday is not included.

(c) In instances when there is not a design professional with overall responsibility, the owner of a building or facility subject to §469.101 of the Act, shall mail, ship, provide electronically, or hand-deliver construction documents to a registered accessibility specialist, or a contract provider prior to filing an application for building permit or commencement of construction.

(d) An Architectural Barriers Project Registration form or Architectural Barriers Project Registration Confirmation Page must be submitted for each subject building or facility and submitted along with the project filing fee when the design professional or owner registers the construction project.

§68.93.Complaints, Investigations, and Audits.

(a) Complaints. A complaint may be filed against an owner if there is reason to believe that a building or facility is not in compliance with the Act, the rules, or the TAS. A complaint may be filed against a registered accessibility specialist if there is reason to believe that the registered accessibility specialist has violated the Act, the rules, procedures, or the TAS.

(b) Investigations and Audits. Owners of buildings and facilities subject to compliance with the TAS are subject to investigation by the department. Registered accessibility specialists and contract providers are subject to investigation and audit by the department.

(c) Inspection and Copying of Records. Records pertaining to a project for which plan review, inspection, or related activities have been or will be performed, shall be made available by the registered accessibility specialist for inspection and copying by the department. The registered accessibility specialist shall make said records available within fourteen (14) calendar days of receiving a written request from the department.

§68.102.Public Right-of-Ways Projects.

(a) For public right-of-way projects, in addition to accepting compliance with applicable TAS requirements, the department will also accept compliance with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, published by the Architectural and Transportation Compliance Board (Access Board) on July 26, 2011, 36 CFR Part 1190 or its final adopted guidelines.

(b) For purposes of registration, the estimated cost of construction for the project shall be based on the pedestrian elements only. Construction documents submitted for review are only required to include pedestrian elements being constructed, renovated, modified, or altered as part of the project scope.

(c) Application of TAS shall be limited to those pedestrian elements being constructed, renovated, modified, or altered as part of the project scope. The pedestrian elements shall comply with applicable sections of TAS except as modified by this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701563

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: May 15, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 463-8179


16 TAC §68.55, §68.80

The repealed rules are adopted under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 469, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 469. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701562

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: May 15, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 463-8179


CHAPTER 75. AIR CONDITIONING AND REFRIGERATION

16 TAC §§75.10, 75.25, 75.30, 75.70, 75.110

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to the existing rules at 16 Texas Administrative Code (TAC), Chapter 75, §§75.10, 75.25, 75.30, 75.70 and 75.110, regarding the Air Conditioning and Refrigeration program, without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9838). The rules will not be republished.

The adopted amendments are necessary to: (1) clarify perceived industry confusion surrounding what constitutes a "portable" or "self-contained" heating or air conditioning product; (2) require licensees to verify the practical experience of applicants; and (3) remove outdated language.

The adopted amendments to §75.10 add definitions for "portable" and "self-contained." Editorial changes were also made to renumber the section accordingly.

The adopted amendments to §75.25 remove outdated language and make editorial corrections.

The adopted amendments to §75.30 set forth licensure exemptions for persons engaging in air conditioning and refrigeration contracting regarding certain portable or self-contained air conditioning and heating systems, environmental air conditioning equipment intended for temporary use, and residential refrigerators, freezers, or ice machines.

The adopted amendments to §75.70 impose a duty on an air conditioning and refrigeration contractor to verify the practical work experience of an applicant who has worked under that person's supervision.

The adopted amendments to §75.110 remove outdated language and make editorial corrections.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the December 16, 2016, issue of the Texas Register (41 TexReg 9838). The deadline for public comments was January 17, 2017. The Department received a comment from one individual on the proposed rules during the 30-day public comment period.

Comment--The commenter suggested eliminating the continuing education requirement for those that have been in the industry for ten years or more.

Department Response--The air conditioning and refrigeration industry is constantly changing through advancements in technology, best practices and statutory updates. Therefore, the continuing education requirement is critical in maintaining a high standard for licensees and the public they serve. The Department did not make any changes to the proposed rules based on this comment.

The Air Conditioning and Refrigeration Contractor Advisory Board (Board) met on March 8, 2017, to discuss the proposed amendments and the public comment received. The board recommended adopting the proposed amendments without changes. At its meeting on April 5, 2017, the Commission adopted the proposed rules without changes as recommended by the Board.

The amendments are adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701560

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: May 15, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 463-8179


PART 8. TEXAS RACING COMMISSION

CHAPTER 309. RACETRACK LICENSES AND OPERATIONS

SUBCHAPTER B. OPERATIONS OF RACETRACKS

DIVISION 3. OPERATIONS

16 TAC §309.154

The Texas Racing Commission adopts an amendment to 16 TAC §309.154, Stable or Kennel Area, without changes to the proposed text as published in the March 10, 2017, issue of the Texas Register (42 TexReg 1073) and will not be republished. The section relates to the security that an association must provide in the stable or kennel area of a racetrack during a race meet.

The adopted amendment requires racetrack associations to maintain a written record of all individuals admitted to the stable or kennel area between midnight and 5:00 a.m. and provide a copy of the log to the Commission investigator regularly or at the earliest opportunity when an investigator returns to duty.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Revised Civil Statutes Annotated, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse racing and to adopt other rules to administer the Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701578

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 3, 2017

Proposal publication date: March 10, 2017

For further information, please call: (512) 833-6699


CHAPTER 311. OTHER LICENSES

SUBCHAPTER B. SPECIFIC LICENSES

16 TAC §311.105

The Texas Racing Commission adopts an amendment to 16 TAC §311.105, Jockeys, without changes to the proposed text as published in the March 10, 2017, issue of the Texas Register (42 TexReg 1073) and will not be republished. The section relates to the qualifications and experience required to be licensed as a jockey.

The adopted amendment establishes a requirement that a jockey weigh no more than 130 pounds at the time the license is issued.

The Commission received one comment regarding adoption of the amendment. A representative of the Jockeys' Guild spoke in favor of the rule at the Committee on Rules' meeting on March 28, 2017. The Commission agrees with the commenter. No other comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Revised Civil Statutes Annotated, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse racing and to adopt other rules to administer the Act, and §7.02, which requires the Commission to adopt rules to specify the qualifications and experience required for each category of license.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701579

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 3, 2017

Proposal publication date: March 10, 2017

For further information, please call: (512) 833-6699


SUBCHAPTER D. ALCOHOL AND DRUG TESTING

DIVISION 1. DRUGS

16 TAC §§311.302, 311.304, 311.308

The Texas Racing Commission adopts amendments to 16 TAC §§311.302, 311.304, and 311.308, without changes to the proposed text as published in the March 10, 2017, issue of the Texas Register (42 TexReg 1074) and will not be republished. Section 311.302 relates to the obligation of licensees to submit to drug testing while on association grounds and the consequences for refusing to submit to such a test. Section 311.304 relates to the procedures for conducting drug testing. Section 311.308 relates to the penalties that will be imposed for failing a drug test.

The adopted amendment to §311.302 increases the penalty for refusing a drug test from a 30 day suspension to a six month suspension. The amendment also calls for the mandatory license revocation of a person who refuses to submit to a second or subsequent drug test.

The adopted amendment to §311.304 makes a technical adjustment to the procedures for taking test specimens by providing that collected specimens are sealed and documented instead of sealed and tagged.

The adopted amendment to §311.308 increases the penalty for failing a drug test from a 30 day suspension to a six month suspension. The amendment also calls for the mandatory license revocation of a person who fails a second or subsequent drug test.

No comments were received regarding adoption of the amendment.

The amendments are adopted under Texas Revised Civil Statutes Annotated, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse racing and to adopt other rules to administer the Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701580

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 3, 2017

Proposal publication date: March 10, 2017

For further information, please call: (512) 833-6699


CHAPTER 313. OFFICIALS AND RULES OF HORSE RACING

SUBCHAPTER E. TRAINING FACILITIES

16 TAC §313.501

The Texas Racing Commission adopts an amendment to 16 TAC §313.501, Training Facilities, without changes to the proposed text as published in the March 10, 2017, issue of the Texas Register (42 TexReg 1075) and will not be republished. The section relates to the license required for a facility to provide official workouts for horse racing.

Currently, training facility licenses expire on December 31 of the year in which they were issued, which is inconsistent with the expiration dates of other licenses and provides a disincentive for training facilities to become licensed in the second half of the year. The adopted amendment changes the expiration date for training facility fees to the end of the month that is one year after the issuance of the license, which is consistent with the expiration date of other occupational licenses.

The amendment is adopted under Texas Revised Civil Statutes Annotated, Article 179e, §3.021, which authorizes the Commission to adopt rules for the licensing and regulation of workouts at training facilities.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701581

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 3, 2017

Proposal publication date: March 10, 2017

For further information, please call: (512) 833-6699


CHAPTER 315. OFFICIALS AND RULES FOR GREYHOUND RACING

SUBCHAPTER A. OFFICIALS

DIVISION 1. APPOINTMENT OF OFFICIALS

16 TAC §315.1

The Texas Racing Commission adopts an amendment to 16 TAC §315.1, Required Officials, without changes to the proposed text as published in the March 10, 2017, issue of the Texas Register (42 TexReg 1076) and the proposal will not be republished. The section relates to the officials that must be present at each greyhound race conducted in this state.

Currently, the track superintendent of a horse racetrack is a race official, but the track superintendent of a greyhound racetrack is not. This adopted amendment makes the greyhound rules consistent with the horse racing rules by designating the greyhound track superintendent as a race official. The change also helps to ensure that the track is properly maintained by qualified association staff.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Revised Civil Statutes Annotated, Article 179e, §3.02, which authorizes the Commission to adopt rules for conducting horse racing and to adopt other rules to administer the Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701582

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 3, 2017

Proposal publication date: March 10, 2017

For further information, please call: (512) 833-6699