TITLE 16. ECONOMIC REGULATION

PART 8. TEXAS RACING COMMISSION

CHAPTER 311. OTHER LICENSES

SUBCHAPTER A. LICENSING PROVISIONS

DIVISION 1. OCCUPATIONAL LICENSES

16 TAC §311.5

The Texas Racing Commission proposes an amendment to 16 TAC §311.5, License Categories and Fees. The section relates to the types of occupational licenses offered by the Commission and the licensing fees associated with each.

The proposal would create two new combination licenses: groom/exercise rider and groom/pony person. The proposal is made in order to address the issue of individuals who are licensed only as an exercise rider or as a pony person but who are also performing unlicensed work as a groom. Pony persons and exercise riders are independent contractors and are licensed for those jobs alone; they are not linked to any specific trainer or employer. Grooms work for a specific trainer, their applications are signed by a trainer, and their license is linked to that trainer. By working as a groom without a groom's license, these licensees expose the horses to the same risk of contamination as any other groom, but without being subject to the random drug testing program that applies to all other trainer employees. In addition, they violate the prohibition in the rules against acting in an unlicensed capacity.

By creating the new combination licenses, the proposal will enable these licensees to comply with the licensure requirements and to be included in the agency's random drug testing program. The new combination licenses will be offered at the same cost as either license alone, so there is no economic disincentive for a licensee to apply for the combination license.

Chuck Trout, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for local or state government as a result of enforcing the rule.

Mr. Trout has determined that for each year of the first five years that the rule is in effect the anticipated public benefit will be to enable the affected licensees to comply with the licensure requirements and to include them in the agency's random drug testing program.

The amendment will have no adverse economic effect on small or micro-businesses, and therefore preparation of an economic impact statement and a regulatory flexibility analysis is not required.

There are no negative impacts upon employment conditions in this state as a result of the proposed amendment.

The amendment will have no effect on the state's agricultural, horse breeding, horse training, greyhound breeding, and greyhound training industry.

All comments or questions regarding the proposed amendment may be submitted in writing within 30 days following publication of this notice in the Texas Register to Mary Welch, Assistant to the Executive Director for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.

The amendment is proposed 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 amendment implements Texas Revised Civil Statutes Annotated, Article 179e.

§311.5.License Categories and Fees.

(a) - (c) (No change.)

(d) The fee for an occupational license is as follows:

Figure: 16 TAC §311.5(d)

[Figure: 16 TAC §311.5(d)]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

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

TRD-201701576

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: May 28, 2017

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


CHAPTER 313. OFFICIALS AND RULES OF HORSE RACING

SUBCHAPTER A. OFFICIALS

DIVISION 2. DUTIES OF STEWARDS

16 TAC §313.24

The Texas Racing Commission proposes an amendment to 16 TAC §313.24, Records and Reports. The section relates to the logs and reports that the stewards must maintain and prepare as part of each race meet. The section requires that, not later than seven days after the last day of a race meeting, the stewards shall submit to the executive secretary a written report regarding the race meeting. However, the Commission typically retains only the presiding steward at a racetrack after a meet has ended; the other stewards are released and participate in preparing the report remotely. The proposed amendment would allow the presiding steward to complete the report independently, which will be more efficient and will eliminate the extra hours worked by the two other stewards.

Chuck Trout, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for local government as a result of enforcing the rule, and that the change will benefit state government by reducing the cost of preparing the end-of-meet report.

Mr. Trout has determined that for each year of the first five years that the rule is in effect the anticipated public benefit will be to increase efficiency and to reduce the cost of regulation by streamlining the preparation of the end-of-meet report.

The amendment will have no adverse economic effect on small or micro-businesses, and therefore preparation of an economic impact statement and a regulatory flexibility analysis is not required.

There are no negative impacts upon employment conditions in this state as a result of the proposed amendment.

The amendment will have no effect on the state's agricultural, horse breeding, horse training, greyhound breeding, and greyhound training industry.

All comments or questions regarding the proposed amendment may be submitted in writing within 30 days following publication of this notice in the Texas Register to Mary Welch, Assistant to the Executive Director for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907.

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

The amendment implements Texas Revised Civil Statutes Annotated, Article 179e.

§313.24.Records and Reports

(a) - (b) (No change.)

(c) Not later than seven days after the last day of a race meeting, the presiding steward [stewards] shall submit to the executive secretary a written report regarding the race meeting. The report must contain:

(1) the presiding steward's [stewards'] observations and comments regarding the conduct of the race meeting and the overall conditions of the association grounds during the race meeting; and

(2) any recommendations for improvement by the association or action by the Commission and any recommendations for changes to the Rules.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

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

TRD-201701577

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: May 28, 2017

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