PART 8. TEXAS RACING COMMISSION
CHAPTER 309. RACETRACK LICENSES AND OPERATIONS
SUBCHAPTER B. OPERATIONS OF RACETRACKS
DIVISION 3. OPERATIONS
The Texas Racing Commission (TXRC) proposes rule amendments in Texas Administrative Code, Title 16, Part 8, Chapter 309, Subchapter B, Operations, §309.168. Hazardous Weather. The purpose of this rule amendment is to add additional considerations to the assessment of safe weather conditions for horse racing.
AGENCY ANALYSIS
A. DRAFT GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.022.
Amy F. Cook, Executive Director, has determined that the proposed rule change will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code §2001.022. The rule change will not create or eliminate a government program; will not require the creation of new employee positions or the elimination of existing employee positions; will not require an increase or decrease in future legislative appropriations to the OOG; will not require an increase or decrease in fees paid to the OOG; will expand certain existing regulations, will not increase or decrease the number of individuals subject to the applicability of the rules; and will not positively or adversely affect the Texas economy.
B. ECONOMIC IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code §2006.002, is not required.
C. REGULATORY FLEXIBILITY ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code §2006.002, is not required.
D. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEXAS GOVERNMENT CODE §2007.043.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
E. LOCAL EMPLOYMENT IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(6).
Amy F. Cook, Executive Director, has determined that the proposed rule repeal and rule amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code §2001.024(A)(6).
F. COST-BENEFIT ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(5).
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected to improve the positive economic impact, health, and safety of licensed horse racing in Texas by reducing the impact of hazardous weather conditions on horse racing events.
G. FISCAL NOTE ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(4).
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
Comments on the proposal may be submitted to the Texas Racing Commission Executive Director, Amy F. Cook, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by calling the customer service phone number at (512) 833-6699. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
H. LEGAL REVIEW REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(3).
Amy F. Cook, Executive Director certifies that a legal review has been completed and the proposal is within agency's legal authority to adopt under its enabling statute Section 2023.002 which authorizes the Commission to regulate and supervise each race meeting in this state that involves wagering on the result of a horse race.
STATUTORY AUTHORITY. The amendments are proposed under Texas Occupations Code §2026.
CROSS REFERENCE TO STATUTE. Texas Occupations Code §2026.
§309.168.Hazardous Weather.
(a) An Association [association]
shall develop a hazardous weather, [and] lightning
protocol, and temperature guidelines to be approved by
the Executive Director [Commission].
(b) The Executive Director [executive
director] shall designate the personnel responsible for immediately
investigating any known impending threat of dangerous weather conditions, or temperature to determine if conditions exist that warrant
delay of a performance and/or the notification of the public of such
threatening weather, or temperature conditions. The first
priority in all such decision-making shall be the well-being and safety
of all persons and animals.
(c) The stewards shall implement a race delay when:
(1) lightning is detected within an eight-mile radius of the racetrack, to remain in effect until a minimum of 30 minutes has passed since the last strike is observed within an eight-mile radius; or
(2) the facility is within the affected area of a severe thunderstorm or tornado warning as announced by the National Weather Service, to remain in effect until the facility is no longer within the affected area.
(d) Using a Wet Bulb Globe Temperature (WBGT) device or WBGT derived information from the website of the National Weather Service (NWS) section of the National Oceanic and Atmospheric Administration (NOAA), if the WBGT temperature measurement exceeds 92 degrees Fahrenheit, all live racing and official works are suspended unless approved by the Chief Veterinarian. WBGT measurements above 94 degrees Fahrenheit require Executive Director approval, before any track activity is conducted involving horses.
(e) Standard temperatures below 32 degrees Fahrenheit will be monitored by the Chief Veterinarian or their designee to ensure wind chill, precipitation, and other factors do not endanger the horse and jockey. In cold weather environments, the Chief Veterinarian has the authority to suspend, cancel, or delay both live racing and official works. In absence of the Chief Veterinarian or their designee, the Board of Stewards have the authority to suspend or cancel live races and official works.
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 September 4, 2024.
TRD-202404180
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: October 20, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER C. CLAIMING RACES
The Texas Racing Commission (TXRC) proposes rule amendments in Texas Administrative Code, Title 16, Part 8, Chapter 313, Subchapter C, Claiming Races, §313.303. Effective Time of Claim. The purpose of this rule amendment is to specify the timing of 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.
AGENCY ANALYSIS
A. DRAFT GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.022.
Amy F. Cook, Executive Director, has determined that the proposed rule change will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code §2001.022. The rule will not create or eliminate a government program; will not require the creation of new employee positions or the elimination of existing employee positions; will not require an increase or decrease in future legislative appropriations to the OOG; will not require an increase or decrease in fees paid to the OOG; will repeal existing regulations; will not increase or decrease the number of individuals subject to the applicability of the rules; and will not positively or adversely affect the Texas economy.
B. ECONOMIC IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code §2006.002, is not required.
C. REGULATORY FLEXIBILITY ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code §2006.002, is not required.
D. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEXAS GOVERNMENT CODE §2007.043.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
E. LOCAL EMPLOYMENT IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(6).
Amy F. Cook, Executive Director, has determined that the proposed rule repeal and rule amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code §2001.024(A)(6).
F. COST-BENEFIT ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(5).
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected to improve the positive economic impact, health, and safety of licensed horse racing in Texas by reducing the impact of unlicensed racing.
G. FISCAL NOTE ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(4).
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
Comments on the proposal may be submitted to the Texas Racing Commission Executive Director, Amy F. Cook, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by calling the customer service phone number at (512) 833-6699. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
H. LEGAL REVIEW REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(3).
Amy F. Cook, Executive Director certifies that a legal review has been completed and the proposal is within agency's legal authority to adopt under its enabling statute section 2023.001 authorizing the Commission to regulate all aspects of horse racing in Texas.
STATUTORY AUTHORITY. The amendments are proposed under Texas Occupations Code §2023.001.
CROSS REFERENCE TO STATUTE. 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 leaves the starting gates,
is declared an official starter, and returns to unsaddle. A claim
shall be voided and ownership of the horse retained by the original
owner if: [steps on to the racetrack for the race. This
subsection applies regardless of whether the horse reaches the starting
gate and regardless of subsequent injury to the horse during or after
the race.]
(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 Exercise Induced Pulmonary Hemorrhage (EIPH), Myositis, heat stress, extreme exhaustion) will not be treated as a voided claim.
(c) [(b)] 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 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 September 4, 2024.
TRD-202404181
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: October 20, 2024
For further information, please call: (512) 833-6699
SUBCHAPTER B. TREATMENT OF HORSES
The Texas Racing Commission (TXRC) proposes rule amendments in Texas Administrative Code, Title 16, Part 8, Chapter 319, Subchapter B, Treatment of Horses, §319.111. Bleeders and Furosemide Program. 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.
AGENCY ANALYSIS
A. DRAFT GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.022.
Amy F. Cook, Executive Director, has determined that the proposed rule change will not affect the local economy, so the Commission is not required to prepare a local employment impact statement under Government Code §2001.022. The rule will not create or eliminate a government program; will not require the creation of new employee positions or the elimination of existing employee positions; will not require an increase or decrease in future legislative appropriations to the OOG; will not require an increase or decrease in fees paid to the OOG; will not create new regulations; will not increase or decrease the number of individuals subject to the applicability of the rules; and will not positively or adversely affect the Texas economy.
B. ECONOMIC IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of an Economic Impact Statement as detailed under Texas Government Code §2006.002, is not required.
C. REGULATORY FLEXIBILITY ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2006.002.
Amy F. Cook, Executive Director, has determined that the proposed rule amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore preparation of a Regulatory Flexibility Analysis as detailed under Texas Government Code §2006.002, is not required.
D. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEXAS GOVERNMENT CODE §2007.043.
Amy F. Cook, Executive Director, has determined that no private real property interests are affected by the proposed rule amendments, and the proposed rule amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule amendments do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
E. LOCAL EMPLOYMENT IMPACT STATEMENT REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(6).
Amy F. Cook, Executive Director, has determined that the proposed rule repeal and rule amendments are not expected to have any fiscal implications for state or local government as outlined in Texas Government Code §2001.024(A)(6).
F. COST-BENEFIT ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(5).
Amy F. Cook, Executive Director has determined that the proposed rule amendments are expected to improve the positive economic impact, health, and safety of licensed horse racing in Texas by reducing the impact of unlicensed racing.
G. FISCAL NOTE ANALYSIS REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(4).
Amy F. Cook, Executive Director has determined that no significant fiscal impact is associated with the proposed rule change.
H. LEGAL REVIEW REQUIRED BY TEXAS GOVERNMENT CODE §2001.024(A)(3).
Amy F. Cook, Executive Director certifies that a legal review has been completed and the proposal is within agency's legal authority to adopt under its enabling statute section 2023.001 authorizing the Commission to regulate all aspects of horse racing in Texas.
Comments on the proposal may be submitted to the Texas Racing Commission Executive Director, Amy F. Cook, via webpage comment form at https://www.txrc.texas.gov/texas-rules-of-racing or through the agency customer service desk at customer.service@txrc.texas.gov, or by calling the customer service phone number at (512) 833-6699. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY. The amendments are proposed under Texas Occupations Code §2023.001
CROSS REFERENCE TO STATUTE. Texas Occupations Code §2023.001
§319.111.Bleeders and Furosemide Program.
(a) Diagnosis of EIPH.
(1) A bleeder is a horse that experiences Exercise
Induced Pulmonary Hemorrhage (EIPH). Except as otherwise provided
by this subsection, the medical diagnosis of EIPH may be made only
by a commission veterinarian or a veterinarian currently licensed
by the Commission. If the first EIPH event experienced by a horse
occurs in another pari-mutuel racing jurisdiction, certification of
the horse as a bleeder by that foreign jurisdiction will also constitute
a first report of a diagnosed EIPH event for purposes of this section.
A veterinarian who diagnoses an EIPH event in a horse participating
in pari-mutuel racing in this state shall report the event to the
commission veterinarian in a format prescribed by the executive director
[secretary]. On receipt of the first report of a
diagnosed EIPH event for a horse, the commission veterinarian shall
certify the horse as a bleeder.
(2) A trainer may request that a commission veterinarian reconsider the commission veterinarian's diagnosis of an EIPH event by presenting the horse for re-examination within four hours of the initial diagnosis, or within one hour after a performance's last race, whichever occurs sooner. To receive reconsideration, the trainer must present the horse to the commission veterinarian for endoscopic examination as performed by a commission-licensed veterinarian.
(b) Admission to Furosemide Program.
(1) A trainer may admit a horse to the furosemide program by stating at time of entry that the horse will compete with furosemide.
(2) A horse that competed with furosemide in its most recent start out-of-state must compete on furosemide in Texas unless withdrawn from the furosemide program at time of entry.
(3) The voluntary administration of furosemide without an external bleeding incident shall not subject the horse to an initial period of ineligibility under subsection (g) of this section.
(c) Administration of Furosemide. Furosemide shall
be administered to a horse in the furosemide program not later than
four hours before the published post time for the race the horse is
entered to run. The furosemide must be administered intravenously
by a veterinarian licensed by the Commission. The executive director
[secretary] shall periodically publish the permissible
blood levels of furosemide in post-race specimens and shall post the
levels at each licensed racetrack.
(d) Requirement to Use Furosemide. A horse in the furosemide program in Texas must compete with furosemide until withdrawn from the program.
(e) Withdrawal from Furosemide Program.
(1) To withdraw a horse from the furosemide program, the trainer must state his/her intention to race the horse without furosemide at the time of entry.
(2) A horse in the furosemide program that competes out-of-state without furosemide as a condition of the race is considered to have been removed from the Texas furosemide program effective the date of its first race without furosemide.
(3) Withdrawal from the furosemide program does not prohibit a horse from subsequent readmission to the program in accordance with this section.
(f) Readmission to the Furosemide Program. A horse may be readmitted to the furosemide program if:
(1) at least 30 [60] days have
elapsed prior to the subsequent day of intended race since
the horse was voluntarily withdrawn from the program as
described in subsection (e)(1) of this section;
(2) the horse is required to compete with furosemide
pursuant to subsection (b)(2) of this section; [or]
(3) a [the] commission veterinarian, association veterinarian, or practicing veterinarian diagnoses
the horse with another EIPH event within 4 hours of official
works, recorded timed works, or live race; or[.]
(4) at least 14 days have elapsed since the horse competed out of state without furosemide under subsection (e)(2) of this section.
(g) Bleeders List.
(1) The commission veterinarian shall maintain a list of horses that have been certified as bleeders and a list of horses that have been admitted to the furosemide program.
(2) On receipt of a report of a diagnosed EIPH event, the commission veterinarian shall place the horse on the veterinarian's list and the horse shall be ineligible to race for the following time periods:
(A) First incident - 14 [12] days;
(B) Second incident within 365 days of previous incident - 30 days;
(C) Third incident within 365 days of previous incident - 180 days;
(D) Fourth incident within 365 days of previous incident - lifetime ban from racing in this state.
(3) A horse with fewer than four EIPH events that has not had a diagnosed EIPH event for a period of 365 consecutive days is considered a non-bleeder for purposes of this subsection. The report of a diagnosed EIPH event from any pari-mutuel jurisdiction which officially records EIPH events will be recognized as an EIPH event by the Commission.
(4) Notwithstanding the foregoing, if after reviewing a report of a diagnosed EIPH event the commission veterinarian determines additional days on the veterinarian's list are essential to the health and safety of the horse, the commission veterinarian may extend the number of days the horse is on the veterinarian's list. The commission veterinarian shall record the medical reasons for the additional days.
(h) Report by Veterinarian. A veterinarian who administers furosemide to a horse that has been admitted to the furosemide program shall report the administration on a form prescribed by the Commission. A report made under this subsection must be filed with the test barn supervisor not later than one hour before post time for the first race of that day.
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 September 4, 2024.
TRD-202404182
Amy F. Cook
Executive Director
Texas Racing Commission
Earliest possible date of adoption: October 20, 2024
For further information, please call: (512) 833-6699