TITLE 16. ECONOMIC REGULATION

PART 8. TEXAS RACING COMMISSION

CHAPTER 311. OTHER LICENSES

SUBCHAPTER B. SPECIFIC LICENSES

16 TAC §311.104

The Texas Racing Commission adopts an amendment to 16 TAC §311.104, Trainers, without changes to the proposed text as published in the March 24, 2017, issue of the Texas Register (42 TexReg 1314) and will not be republished. The section relates to the qualifications and experience required to be licensed as a trainer and to the obligations of trainers.

There are two changes adopted in the amendment. The first change requires trainers to provide a current list to the licensing office of all of the trainer's employees present on the backside during the period of lockdown, and to notify the licensing office within 72 hours of initiating or learning of any change. It also prohibits trainers from signing an application as the employer of a licensee that the trainer does not actually employ. The second change requires a trainer, upon the suspension, revocation or denial of the trainer’s license, to notify each owner for whom he or she trains horses of the suspension, revocation or denial.

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 June 27, 2017.

TRD-201702469

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: July 17, 2017

Proposal publication date: March 24, 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 adopts an amendment to 16 TAC §313.24, Records and Reports, without changes to the proposed text as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2311) and will not be republished. The section relates to the logs and reports that the stewards must maintain and prepare as part of each race meet.

The section currently 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 adopted amendment allows 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.

One commenter expressed concern that the report could be submitted without the review of the other stewards. In response, the agency agreed to ensure that the other stewards would have an opportunity to review the report before it was submitted. The commenter agreed that this solution was acceptable.

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 June 27, 2017.

TRD-201702470

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: July 17, 2017

Proposal publication date: April 28, 2017

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