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 proposes an amendment to 16 TAC §311.104, Trainers. 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 proposed in the amendment. The first change would require 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 would also prohibit trainers from signing an application as the employer of a licensee that the trainer does not actually employ. The second change would require 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.

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 new rule.

Mr. Trout has determined that for each year of the first five years that the new rule is in effect the anticipated public benefit of the first change will be to improve the ability of the Commission to limit access to a racetrack's backside to those who have an actual need to be present. The identification of those who may be present on the backside will also enhance the Commission's ability to implement an effective random human drug testing program. The anticipated public benefit of the second change will be to ensure that owners are aware of significant rule violations by their trainers and are given the opportunity to transfer their horses to new trainers.

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 requires the Commission to adopt rules for conducting greyhound and horse racing involving wagering and rules to administer the Act, and §7.02, which requires the Commission to specify by rule the qualifications and experience required for each category of occupational license.

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

§311.104.Trainers

(a) - (f) (No change.)

(g) Trainer Employees.

(1) A horse trainer shall provide a list to the Commission of all of the trainer's employees on association grounds during the period of continuous security service under §309.154(a)(1) (relating to Stable or Kennel Area.) The list shall include each employee's name, occupation and occupational license number. The trainer shall notify the Commission in writing within 72 hours of initiating or learning of any change.

(2) A trainer may not sign an application as the employer of a licensee that the trainer does not actually employ.

(3) [(1)] A trainer may not employ an individual who is less than 16 years of age to work for the trainer on an association's grounds.

(4) [(2)] A trainer may not employ a jockey to prevent the jockey from riding in a race.

(h) (No change.)

(i) Suspended, Revoked or Ineligible Horse Trainers.

(1) Upon the suspension, revocation or denial of a trainer's license, the trainer shall notify each owner for whom he or she trains horses of the suspension, revocation or denial.

(2) [(1)] A person may not assume the responsibilities of a horse trainer who is ineligible to be issued a license or whose license is suspended or revoked if the person is related to the trainer within the first degree of consanguinity or affinity.

(3) [(2)] A person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible horse trainer may not:

(A) receive any compensation regarding those horses from the suspended, revoked or ineligible trainer;

(B) pay any compensation regarding those horses to the suspended, revoked or ineligible trainer;

(C) solicit or accept a loan of anything of value from the suspended, revoked or ineligible trainer; or

(D) use the farm or individual name of the suspended, revoked or ineligible trainer when billing customers.

(4) [(3)] A person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible trainer is directly responsible for all financial matters relating to the care, custody, or control of the horses.

(5) [(4)] On request by the Commission, a suspended, revoked or ineligible trainer or a person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible trainer shall permit the Commission to examine all financial or business records to ensure compliance with this section.

(j) - (k) (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 March 13, 2017.

TRD-201701038

Mark Fenner

General Counsel

Texas Racing Commission

Earliest possible date of adoption: April 23, 2017

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