TITLE 16. ECONOMIC REGULA TION

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 proposes an amendment to 16 TAC §309.154, Stable or Kennel Area. 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 proposed amendment would require that an association maintain a written record of all individuals admitted to the stable area between midnight and 5:00 a.m. and provide a copy of the log to the Commission investigator.

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 proposal.

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 improve the integrity of racing by allowing the investigators to monitor the entrance of people to the stable or kennel areas during off hours and thereby identify potential sources of contraband.

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 to administer the Act.

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

§309.154.Stable or Kennel Area.

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

(d) A written record of all individuals admitted to the stable or kennel area between the hours of 12:00 midnight and 5:00 a.m. shall be maintained. At a minimum, this record shall contain the name and license number of the person admitted and the time admitted. The daily logs shall be delivered to the Commission investigator regularly or at the earliest opportunity when an investigator returns to duty.

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 February 27, 2017.

TRD-201700753

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 9, 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 proposes an amendment to 16 TAC §311.105, Jockeys. The section relates to the qualifications and experience required to be licensed as a jockey. The proposed amendment establishes a requirement that a jockey weigh no more than 130 pounds at the time the license is issued.

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 proposal.

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 enhance the security of a racetrack's stable area. The impact on licensees should be minimal, as jockeys weighing over 130 pounds are not authorized to race under existing rules. By ensuring that jockey licenses are only issued to jockeys who are capable of racing, the Commission will reduce the opportunity for individuals without a legitimate reason to be on the backside to be licensed.

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 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.

§311.105.Jockeys.

(a) License.

(1) To be licensed as a jockey or apprentice jockey, an individual must be at least 16 years of age, weigh no more than 130 pounds at the time of licensure, and provide proof of a satisfactory physical examination as described in subsection (b) of this section.

(2) - (3) (No change.)

(b) - (d) (No change.)

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 February 27, 2017.

TRD-201700754

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 9, 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 proposes amendments to 16 TAC §§311.302, 311.304 and 311.308. 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 proposed amendment to §311.302 increases the penalty for refusing a drug test from a 30 day suspension to a six month suspension. The proposal also calls for the mandatory license revocation of a person who refuses to submit to a second or subsequent drug test.

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

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

Mr. Trout has determined that for each year of the first five years that the rules are in effect the anticipated public benefit will be to improve the safety of racing by ensuring that the licensees are not under the influence of drugs while on association grounds and to improve the integrity of racing by reducing the risk that race animals will be contaminated by the drugs of their human handlers.

The amendments will have no adverse economic effects 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 amendments.

The amendments 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 amendments 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 amendments are proposed under Texas Revised Civil Statutes Annotated, Article 179e, §3.02, which authorizes the Commission to adopt rules to administer the Act.

The amendments implement Texas Revised Civil Statutes Annotated, Article 179e.

§311.302.Subject to Testing.

(a) The stewards or racing judges may require an occupational licensee acting pursuant to the license to submit to a urine test or other non-invasive fluid test at any time while on association grounds.

(b) A licensee who refuses to submit to such a test when requested to do so by the stewards or racing judges shall be suspended for at least six months [30 days]. The stewards or racing judges shall revoke the license of a licensee who refuses to submit to a test for a [the] second or subsequent time. [shall be suspended by the stewards or racing judges for at least six months. In addition, for a first or second refusal, the licensee shall be referred to the medical review officer in accordance with the penalties and conditions for the associated violation under §311.308 of this title (relating to Penalties). A licensee who refuses to submit to a test for a third or subsequent time shall be suspended by the stewards or racing judges for one year and referred to the Commission.]

§311.304.Taking of Specimens.

(a) (No change.)

(b) The specimen shall be immediately sealed and documented [tagged] on a form provided by the executive secretary, and the licensee shall sign the form. The portion of the form that accompanies the specimen to the laboratory for analysis may not identify the licensee by name.

(c) - (d) (No change.)

§311.308.Penalties.

(a) The stewards or racing judges shall impose penalties in accordance with this section for a violation of §311.301 of this title (relating to Use Prohibited). A penalty imposed under this section is appealable pursuant to §307.67 of the Rules (relating to Appeal to the Commission.)

(b) If the stewards or racing judges require a licensee to submit to testing under §311.302 of this title (relating to Subject to Testing) as prescribed under §311.303 of this chapter (relating to Method of Selection), the stewards or racing judges shall prohibit the licensee from participating in racing for the remainder of that day.

(c) For a first violation, the stewards or racing judges shall:

(1) suspend the licensee's license for at least six months [30 days]; and

(2) prohibit the licensee from participating in racing until:

(A) the licensee's condition has been evaluated by the medical review officer or a person designated by the medical review officer under §311.306 of this title (relating to Medical Review Officer);

(B) the licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer; and

(C) the licensee has produced a negative test result.

(d) For a second or subsequent violation, the stewards or racing judges shall revoke the licensee's license.[:]

[(1) suspend the licensee's license for at least six months; and]

[(2) prohibit the licensee from participating in racing until:]

[(A) the licensee has satisfactorily completed a certified substance abuse rehabilitation program approved by the medical review officer; and]

[(B) the licensee produces a negative test result.]

[(e) For a third or subsequent violation, the stewards or racing judges shall suspend the licensee for one year and refer the licensee to the Commission.]

(e) [(f)] After a suspended licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer or completed a certified substance abuse rehabilitation program approved by the medical review officer, the licensee may apply to have the license reinstated. The stewards or racing judges shall reinstate the license if the stewards or racing judges determine the licensee poses no danger to other licensees or race animals and that reinstatement is in the best interest of racing. On reinstatement, the stewards or racing judges shall require the licensee to submit to further drug testing to verify continued compliance with the Rules and complete any additional rehabilitation or after-care drug treatment recommended by the medical review officer.

(f) [(g)] All specimens to be tested under this subchapter shall be obtained and tested in accordance with §311.304 (relating to Taking of Samples.) The Commission shall pay the cost of the initial test. The licensee being tested is responsible for paying the costs of all subsequent tests.

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 February 27, 2017.

TRD-201700755

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 9, 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 proposes an amendment to 16 TAC §313.501, Training Facilities. 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 proposal would change 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.

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 proposal.

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 remove any disincentive for training facilities to delay licensing until the beginning of a new calendar year and to provide new training facilities a with a full year's value for the licensing fee, regardless of when the license was initially issued.

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, §3.021, which authorizes the Commission to adopt rules for the licensing and regulation of workouts at training facilities.

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

§313.501.Training Facility License.

(a) A training facility must be licensed by the Commission in accordance with this section to provide official workouts. Except as otherwise provided by this subchapter, an official workout obtained at a training facility licensed under this section satisfies the workout requirements of §313.103 of this title (relating to Eligibility Requirements).

(b) A training facility license expires one year after the last day of the month [on December 31 of the year] in which the license was issued. An applicant for a training facility license must submit with the application documents the license fee of $1,800. [The annual fee for a training facility license is $1,800, which is due and payable to the Commission on receipt of the license certificate.]

(c) A training facility license is personal to the licensee and may not be transferred.

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 February 27, 2017.

TRD-201700756

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 9, 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 proposes an amendment to 16 TAC §315.1, Required Officials. 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 proposal would make the greyhound rules consistent with the horse racing rules by designating the greyhound track superintendent as a race official. This change would also help to ensure that the track is properly maintained by qualified association staff.

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 proposal.

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 each greyhound racetrack is properly maintained by qualified association staff.

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, §3.021, which authorizes the Commission to adopt rules for the licensing and regulation of workouts at training facilities.

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

§315.1.Required Officials.

(a) The following officials must be present at each greyhound race conducted in this state:

(1) at least two racing judges;

(2) a commission veterinarian;

(3) an association veterinarian;

(4) a racing secretary;

(5) an assistant racing secretary;

(6) a paddock judge;

(7) a starter;

(8) a clerk of scales;

(9) a mutuel manager;

(10) a chart writer;

(11) a photofinish operator and timer;

(12) a kennel master; [and]

(13) a mechanical lure operator; and

(14) a track superintendent.

(b) - (c) (No change.)

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 February 27, 2017.

TRD-201700758

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 9, 2017

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