TITLE 16. ECONOMIC REGULATION

PART 8. TEXAS RACING COMMISSION

CHAPTER 307. PROCEEDINGS BEFORE THE COMMISSION

SUBCHAPTER C. PROCEEDINGS BY STEWARDS AND RACING JUDGES

The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 307, Subchapter C, Proceedings by Stewards, and Racing Judges, §307.67. Appeal to the Commission. This rule is adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4156) and will be republished. The rule is being adopted with changes to fix a minor typographical error.

EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT

The purpose of this rule amendment is to change the procedures, timeline and fine required by a licensee when appealing a ruling to the Commission.

PUBLIC COMMENTS

The 30-day comment period ended on August 24, 2025. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the July 25, 2025, issue of the Texas Register (50 TexReg 4157). During this period, the agency received no comments regarding this proposed rule change.

COMMISSION ACTION

At its meeting on September 10, 2025, the Commission adopted the proposed rule change as recommended by the Commission at the June 11, 2025 meeting and the Rules Committee meeting, held on March 27, 2025.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code §2025.001.

The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2025.001.

§307.67. Appeal to the Commission.

(a) Right to Appeal. A person aggrieved by a ruling of the stewards may appeal to the Commission. A person who fails to file an appeal by the deadline and in the form required by this section waives the right to appeal the ruling.

(b) Filing Procedure.

(1) An appeal must be in writing in a form prescribed by the executive director. An appeal from a ruling of the stewards must be filed not later than 5:00 p.m. of the third calendar day after the day the person is informed by the stewards of the ruling. An appeal from the modification of a penalty by the executive director must be filed not later than 5:00 p.m. of the fifth calendar day after the person is informed of the penalty modification. The appeal must be post marked by the fifth day after the person is informed of the penalty modification and mailed to: Texas Racing Commission, 1801 N. Congress Ave., Suite 7.600, Austin, Texas 78701.

(2) Record of Stewards' hearing. On notification by the executive director that an appeal has been filed, the stewards shall forward to the Commission the record of the proceeding being appealed. A person appealing a stewards' ruling may request a copy of the record of the hearing.

(c) Hearing Procedure. A hearing on an appeal from a ruling by the stewards is a contested case and shall be conducted by SOAH in accordance with the Rules regarding contested cases. In an appeal, the appellant has the burden to prove that the stewards' decision was clearly in error.

(d) Effect of Appeal on Fine Payment. If a person against whom a fine has been assessed appeals the ruling that assesses the fine, the person shall pay the fine in accordance with the Rules. The executive director shall place the fine amount into the agency suspense account until such time that the appeal is final. If the appeal is disposed of in favor of the appellant, the executive director shall refund the amount of the fine.

(e) Effect of Appeal on Purse Payment. If a ruling that affects the outcome of a race is appealed, the portion of the purse that is involved in the appeal shall be withheld and not distributed. The stewards may distribute the portion of the purse that is not involved in or affected by the outcome of the appeal.

(f) Effect of Appeal on Horse Eligibility. If an appeal involves the official order of finish in a horse race, all horses finishing first or declared to be the winner by the stewards carry all penalties of eligibility until the winner is determined through the final resolution of the appeal.

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 September 18, 2025.

TRD-202503308

Amy F. Cook

Executive Director

Texas Racing Commission

Effective date: October 8, 2025

Proposal publication date: July 25, 2025

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