TITLE 16.ECONOMIC REGULATION

Part 8. TEXAS RACING COMMISSION

Chapter 307. PROCEEDINGS BEFORE THE COMMISSION

Subchapter C. PROCEEDINGS BY STEWARDS AND RACING JUDGES

16 TAC §307.67

The Texas Racing Commission adopts an amendment to 16 TAC §307.67, Appeal to the Commission, concerning appeals from decisions of the boards of stewards and judges to the Commission. The rule amendment is adopted without changes to the proposed text as published in the February 24, 2012, issue of the Texas Register (37 TexReg 1048) and will not be republished.

The adopted change implements House Bill 2271, 82nd Legislature, Regular Session, which in part provides new authority to the executive secretary to review a decision of the stewards or judges and modify the penalty. The amendment specifies that an appeal from a modification by the executive secretary must be filed not later than 5:00 p.m. of the fifth calendar day after the person is informed of the penalty modification.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Revised Civil Statutes Annotated Article 179e, §3.02, which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §3.07, which authorizes the executive secretary to review and modify decisions of the stewards and judges.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 16, 2012.

TRD-201201914

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 6, 2012

Proposal publication date: February 24, 2012

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


16 TAC §307.69

The Texas Racing Commission adopts an amendment to 16 TAC §307.69, Action by Commission, concerning the authority of the Commission to take action on a decision of the board of stewards or judges without an appeal having been filed. The rule amendment is adopted without changes to the proposed text as published in the February 24, 2012, issue of the Texas Register (37 TexReg 1049) and will not be republished. The amendment changes the name from "Action by Commission" to "Review by Executive Secretary".

The adopted change implements House Bill 2271, 82nd Legislature, Regular Session, which transferred the authority to take direct action on a decision of the board of stewards or judges from the Commission to the executive secretary.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Revised Civil Statutes Annotated Article 179e, §3.02, which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §3.07, which authorizes the executive secretary to review and modify decisions of the stewards and judges.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 16, 2012.

TRD-201201915

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 6, 2012

Proposal publication date: February 24, 2012

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


Chapter 311. OTHER LICENSES

Subchapter A. LICENSING PROVISIONS

1. OCCUPATIONAL LICENSES

16 TAC §311.3

The Texas Racing Commission adopts an amendment to 16 TAC §311.3, Information for Background Investigation, concerning requirements and procedures for checking criminal history records. The rule amendment is adopted without changes to the proposed text as published in the February 24, 2012, issue of the Texas Register (37 TexReg 1050) and will not be republished.

The adopted change allows applicants who desire to renew an occupational license to utilize a new process whereby the Department of Public Safety may resubmit an applicant's original fingerprints on file instead of requiring the applicant to provide new fingerprints.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Revised Civil Statutes Annotated Article 179e, §3.02, which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §5.03, which requires license applicants to submit fingerprints to the Commission.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 16, 2012.

TRD-201201916

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 6, 2012

Proposal publication date: February 24, 2012

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


Subchapter B. SPECIFIC LICENSES

16 TAC §311.103

The Texas Racing Commission adopts an amendment to 16 TAC §311.103, Kennel Owners, concerning the requirements and qualifications to be licensed as a Kennel Owner. The rule amendment is adopted without changes to the proposed text as published in the February 24, 2012, issue of the Texas Register (37 TexReg 1051) and will not be republished.

The adopted change would clarify the intent of the rule by prohibiting ownership of multiple kennels by persons who are residentially domiciled together.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Revised Civil Statutes Annotated Article 179e, §3.02, which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §7.01, which requires all persons who participate in racing with pari-mutuel wagering to be licensed by the Commission.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 16, 2012.

TRD-201201917

Mark Fenner

General Counsel

Texas Racing Commission

Effective date: May 6, 2012

Proposal publication date: February 24, 2012

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