PART 8. TEXAS RACING COMMISSION
CHAPTER 303. GENERAL PROVISIONS
SUBCHAPTER F. LICENSING PERSONS WITH CRIMINAL BACKGROUNDS
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 303, Subchapter F, Licensing Persons with Criminal Background, §303.201.General Authority, concerning factors that relate to the person's present fitness to perform the duties and responsibilities. Amended Chapter 303, Subchapter F, §303.201 is adopted with non-substantive changes to the proposed text as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8009) and will be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of this rule amendment is to align the Texas Rules of Racing with legislative changes made to the Texas Racing Act during the 88th Legislative Session.
PUBLIC COMMENTS
The 30-day comment period ended on November 4, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the October 4, 2024, issue of the Texas Register (49 TexReg 8009). During this period, the Agency received no comments regarding this proposed rule change.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the February 14, 2024, meeting.
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 rule amendment is adopted under Texas Occupations Code §2025.001 (a-1).
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2025.001 (a-1).
§303.201.General Authority.
(a) In accordance with state law, the commission may revoke, suspend, or deny a license because of the person's conviction of a felony or misdemeanor if the offense directly relates to the person's present fitness to perform the duties and responsibilities associated with the license.
(b) In determining whether an offense directly relates to a person's present fitness to perform the duties and responsibilities associated with the license, the commission shall consider the relationship between the offense and the occupational license applied for and the following factors:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the commission of the crime;
(3) the amount of time that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the person prior to and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence presented by the person of the person's present fitness, including letters of recommendation from:
(A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
(B) the sheriff or chief of police in the community where the person resides; or
(C) any other persons in contact with the convicted person.
(c) The executive director shall develop and publish guidelines relating to the administration of the occupational licensing program.
(d) On learning of the felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision of a licensee, the executive director or designee shall determine whether a license may be subject to suspension or revocation.
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 January 15, 2025.
TRD-202500099
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: October 4, 2024
For further information, please call: (512) 833-6699
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 303, Subchapter F, Licensing Persons with Criminal Background, §303.202 Guidelines, concerning the occupational licensing guidelines. Amended Chapter 303, Subchapter F, §303.202 is adopted without changes to the proposed text as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8011) and will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of these rule amendment is to clarify the responsibilities of the executive director and align the administration of the occupational licensing program with current state law. The proposed rule changes will allow the agency to conform with the provisions of Texas Occupations Code § 2025.251-262.
PUBLIC COMMENTS
The 30-day comment period ended on November 4, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the October 4, 2024, issue of the Texas Register (49 TexReg 8011). During this period, the Agency received no comments regarding this proposed rule change.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the February 14, 2024, meeting.
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 rule amendment is adopted under Texas Occupations Code §2025.251-262.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2025.251-262.
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 January 15, 2025.
TRD-202500100
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: October 4, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER B. OPERATIONS OF RACETRACKS
DIVISION 3. OPERATIONS
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 309, Subchapter B, Operations, §309.168. Hazardous Weather. Amended Chapter 309, Subchapter B, §309.168 is adopted without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7566) and will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of this rule amendment is to add additional considerations to the assessment of safe weather conditions for horse racing.
PUBLIC COMMENTS
The 30-day comment period ended on October 20, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the September 20, 2024, issue of the Texas Register (49 TexReg 7566). During this period, the Agency received no comments regarding this proposed rule change.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the August 21, 2024, meeting and the Rules Committee meeting, held on August 8, 2024.
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 rule amendment is adopted under Texas Occupations Code §2026.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2026.
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 January 15, 2025.
TRD-202500101
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: September 20, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER A. LICENSING PROVISIONS
DIVISION 1. OCCUPATIONAL LICENSES
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 311, Subchapter A, Division 1, Occupational Licenses, §311.4. Occupational License Restrictions. Amended Chapter 311, Subchapter A, §311.4 is adopted without changes to the proposed text as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8012) and will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of these rule amendment is to align the Texas Rules of Racing with changes in the Texas Racing Act made during the 88th Legislative Session, specifically, Texas Occupations Code § 2025.001(a-1).
PUBLIC COMMENTS
The 30-day comment period ended on November 4, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the October 4, 2024, issue of the Texas Register (49 TexReg 8012). During this period, the Agency received no comments regarding this proposed rule change.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the February 14, 2024, meeting.
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 rule amendment is adopted under Texas Occupations Code §2025.001 (a-1).
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2025.001 (a-1).
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 January 15, 2025.
TRD-202500102
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: October 4, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER C. CLAIMING RACES
DIVISION 3. ALLOWANCES AND PENALTIES
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 313, Subchapter C, Claiming Races, §313.303. Effective Time of Claim. Amended Chapter 313, Subchapter C, §313.303 is adopted with changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7567) and will be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of this rule amendment is to specify events which may void a change in horse ownership following a claiming race to account for the health of the horse after the race if there was injury to the horse during the race.
PUBLIC COMMENTS
The 30-day comment period ended on October 20, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the September 20, 2024, issue of the Texas Register (49 TexReg 7567). Discussion among Commission staff regarding the timing of change of ownership subject to voiding events led to changes to the proposed rule that leave the time of ownership change as it currently is but adds voiding language.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the August 21, 2024, meeting and the Rules Committee meeting, held on August 8, 2024.
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 rule amendment is adopted under Texas Occupations Code §2023.001
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2023.001.
§313.303.Effective Time of Claim.
(a) A person who has a valid claim to a horse becomes the owner of the horse when the horse steps on to the racetrack for the race. A claim shall be voided and ownership of the horse retained by the original owner if:
(1) the horse dies on the racetrack or is euthanized by a Commission Veterinarian before leaving the racetrack, either on the race surface or in the equine ambulance.
(2) the horse has a musculoskeletal injury that requires loading in the equine ambulance for safe removal from the track. This claim is only voided after proper Veterinary examination of injury and the on duty Commission Veterinarian is contacted and approves of euthanasia. Horses euthanized without Veterinarian examination and notification to the attending Commission Veterinarian will not be entitled to a voided claim.
(b) Horses vanned off the track for medical conditions (including but not limited to EIPH, Myositis, heat stress, extreme exhaustion) will not be treated as a voided claim.
(c) On the day claimed, a claimed horse runs in the interest of and for the account of the owner from whom the horse was claimed.
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 January 15, 2025.
TRD-202500103
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: September 20, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER B. TREATMENT OF HORSES
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 319, Subchapter B, Treatment of Horses. §319.111. Bleeders and Furosemide Program. Amended Chapter 319, Subchapter B, §319.111 is adopted without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7568) and will not be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of this rule amendment is to create an easier pathway for administration of Furosemide on racehorses returning to Texas from other racing jurisdictions and clarifying the reporting of "bleeders" identified by all veterinarians versus Commission veterinarians.
PUBLIC COMMENTS
The 30-day comment period ended on October 20, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the September 20, 2024, issue of the Texas Register (49 TexReg 7568). No comments were received during the comment period.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the August 21, 2024, meeting and the Rules Committee meeting, held on August 8, 2024.
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 rule amendment is adopted under Texas Occupations Code §2023.001
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §2023.001.
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 January 15, 2025.
TRD-202500115
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: September 20, 2024
For further information, please call: (512) 833-6699
DIVISION 3. PROVISIONS FOR HORSES
The Texas Racing Commission (TXRC) adopts Texas Administrative Code, Title 16, Part 8, Chapter 319, Subchapter D, Division 3, Provisions for Horses, §319.362, Split Specimen. Amended Chapter 319, Subchapter D, §319.362 is adopted with changes to the proposed text as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8013) and will be republished.
EXPLANATION AND JUSTIFICATION FOR THE AMENDMENT
The purpose of this rule amendment is to change the procedures for drug testing of horses to enable the storage of split samples at a laboratory along with testing both samples at that laboratory.
PUBLIC COMMENTS
The 30-day comment period ended on November 4, 2024. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the October 4, 2024, issue of the Texas Register (49 TexReg 8013). During this period, the Agency received one comment regarding two issues within the proposed rule.
The first issue concerned language regarding where a split sample may be sent. The language of that section now retains language of the rule before the proposed change, but also allows that a split sample may be tested by a different technician at the same lab.
The second issue concerned the portion of the rule regarding representatives of an owner or trainer being present for the shipping of a split sample. This suggestion was the previous practice when split samples were kept at tracks until they were sent to a lab. That practice is no longer possible due to the change in testing labs and the lack of safe, reliable storage at the racetracks.
COMMISSION ACTION
At its meeting on December 11, 2024, the Commission adopted the proposed rule as recommended by the Commission at the August 21, 2024, meeting and the Rules Committee meeting, held on August 8, 2024.
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 rule amendment is adopted under Texas Occupations Code §§2034.002; 2034.005.
The statutory provisions affected by the adopted rule amendment are those set forth in Texas Occupations Code §§2034.002; 2034.005.
§319.362.Split Specimen.
(a) Before sending a specimen from a horse to a testing laboratory, the commission veterinarian shall determine whether the specimen is of sufficient quantity to be split. If there is sufficient quantity, the commission veterinarian or the commission veterinarian's designee shall divide the specimen into two parts, and both parts will be shipped to the testing laboratory for testing and storage for future testing, if applicable. If the specimen is of insufficient quantity to be split, the commission veterinarian may require the horse to be detained until an adequate amount of urine can be obtained. If the commission veterinarian ultimately determines the quantity of the specimen obtained is insufficient to be split, the commission veterinarian shall certify that fact in writing and submit the entire specimen to the laboratory for testing.
(b) An owner or trainer of a horse which has received a positive result on a drug test may request, in writing, that the split of the specimen for the primary sample with the positive result, be submitted for testing by a different technician at a Commission approved testing laboratory of the owner or trainer's choice if available. The owner or trainer must notify the executive director of the request not later than 48 hours after notice of the positive result. Failure to request the split within the prescribed time period will be deemed a waiver of the right to the split specimen.
(c) If the test on the split specimen confirms the findings of the original laboratory, it is a prima facie violation of the applicable provisions of the chapter.
(d) If the test on the split specimen portion does not substantially confirm the findings of the original laboratory, the stewards may not take disciplinary action regarding the original test results.
(e) If an act of God, power failure, accident, labor strike, or any other event, beyond the control of the Commission, prevents the split from being tested, the findings of the original laboratory are prima facie evidence of the condition of the horse at the time of the race.
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 January 15, 2025.
TRD-202500116
Amy F. Cook
Executive Director
Texas Racing Commission
Effective date: February 4, 2025
Proposal publication date: October 4, 2024
For further information, please call: (512) 833-6699