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 adopts an amendment to 16 TAC §311.5, License Categories and Fees, 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 types of occupational licenses offered by the Commission and the licensing fees associated with each.

The adopted amendment creates two new combination licenses: groom/exercise rider and groom/pony person. The amendment 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.

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, 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 July 10, 2017.

TRD-201702575

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: July 30, 2017

Proposal publication date: April 28, 2017

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