Texas Racing Commission
Formal Meeting Agenda
Monday December 3, 2001
10:00 A.M.
DPS - Criminal Law Enforcement, Bldg. E
6100 Guadalupe
First Floor Auditorium
Austin, Texas
Call to Order
Roll Call
A quorum was established with all eight members of the Commission present.
PROCEEDINGS ON RULEMAKING
Consideration of and action on the following rules:
(1) Adoptions
§303.102
Greyhound Rules. (Amendment)
§309.10
Notice and Curative Right of Debt Holders. (New)
§311.8 Correction
of Incorrect Information. (New)
§311.103
Kennel Owners. (Amendment)
§313.112
Objection to Entry. (New)
§315.109
Objection to Entry. (New)
§321.311
Twin Trifecta. (Amendment)
§321.315
Tri-Superfecta. (Amendment)
Chapter 307. Proceedings Before the Commission
(Chapter Review)
Chapter
323. Disciplinary Action and Enforcement (Chapter Review)
Due
to a clerical error, Sections 323.202 and 323.203 were not properly submitted
to the Texas Register in time for these amendments to be adopted at this meeting.
They will be offered for consideration at the next meeting.
No comments were received regarding any of these adoptions. The Commission voted
unanimously to adopt all the amendments with some minor style changes noted
in Chapter 321.
(2) Proposals
§303.99. Stakes and Other Prepayment
Races - Breed Registries. (Amendment)
§309.361. Greyhound Purse Account and Kennel Account.
(Amendment)
§311.103. Kennel Owners. (Amendment)
§315.250. Standards for Greyhound Breeding Farms.
(New)
§319.338. Storage of Splits. (New)
§319.362. Split Specimen. (Amendment)
§319.363. Storage of Splits. (Repeal)
§319.391. Testing of Greyhounds. (Amendment)
The
Commission voted unanimously to publish all of the proposals in the Texas Register.
PROCEEDINGS ON OCCUPATIONAL LICENSEES
Consideration of and action on the following matters:
Proposal for Decision in SOAH No.
476-01-2753, TxRC No. 00-02-03, In Re: The Appeal by Marion F. Hinton from Judges'
Ruling Corpus Christi Greyhound Park 741.
The Commission voted unanimously to adopt the Administrative Law Judge's
Proposal for Decision which upheld the Judges' Ruling Corpus Christi Greyhound
Park 741.
GENERAL BUSINESS
Consideration of and action on the following matters:
(1)
Budget and Finance update.
The Commission took
no action on the budget update.
(2)
Selection of Animal Drug Testing Laboratory for Year 2002.
The Commission voted unanimously to accept Texas Veterinary Medical Diagnostic
Laboratory's bid to provide Race Animal Testing Services for 2002.
PROCEEDINGS ON RACETRACKS
Consideration of and action on the following matters:
(1)
Allocation and breed split of Escrowed Horse Purse Account for Year 2002.
The Escrowed Horse Purse Account is money paid by the greyhound racetracks
to the Commission pursuant to the Texas Racing Act, §6.091(c)(4)
- the money generated for horse purses by interstate horse simulcasts at greyhound
tracks.
The Commission unanimously approved both the racetracks' agreement to allocate
the Escrowed Horse Purse Account, which gives Gillespie 1.6%, Lone Star Park
18.4%, Manor Downs 7.8%, Retama Park 34.5% and Sam Houston Race Park 37.5%,
and the racetracks' agreement to a breed split of 2 % for minor breeds, with
the remainder split 70% for Thoroughbreds and 30% for Quarter Horses.
(2)
Allocation of accredited Texas-Bred money among the minor breeds of horses.
EXECUTIVE SESSION
Pursuant to Govt. Code §551.071, the Commission may open an executive
session to confer with its attorney regarding potential litigation on any matter
listed in the above agenda.
For the Year 2002, the Commission unanimously approved allocating the accredited
Texas-Bred money among the minor breeds of horses based on the breeds' relative
number of starts during the prior calendar year.
(3) Allocation by the Texas Greyhound Association of greyhound purse money for
Year 2002.
The Commission unanimously approved the formula submitted by the TGA that
distributes the money based on each greyhound track's horse handle as a percentage
of the total horse handle at greyhound tracks.
(4) Request by Gulf Greyhound Park for a change in race dates.
The Commission unanimously granted Gulf's request to add a performance on
Sunday, January 27, and delete one of the regularly scheduled performances on
February 3.
(5) Request by Lone Star Park, Ltd for approval of a transfer of ownership interest.
Lone Star Park requested approval for a transfer of ownership interests of
less than one percent from Ms Ellajean Martin Snyder to a trust for the benefit
of her family, with Snyder serving as the trustee. The Commission unanimously
granted approval of the change.
(6) Request by Manor Downs for change in 2002 Live Race Dates.
The
Commission unanimously granted Manor Downs amended request to their 2002 Thoroughbred
Meet by adding racedates of April 27, April 28, May 4 and May 5 and deleting
racedates of June 1, June 2, June 8 and June 9.
(7) Report on Racetrack Inspections.
Paula Flowerday reported on racetrack inspections, noting there are pending
inspection items relating to Manor Downs that Staff expects will be cleared
before they begin live racing. Most of the items are related to the track being
completed this past summer. Flowerday stated Staff would be doing the
follow-up inspections as a part of Manor's pre-racing inspections and that there
was nothing of major concern.
An executive session was not needed.
OLD BUSINESS
NEW BUSINESS
Chair Lacy stated she had a request from
Thomas Smith to address the Commission. Lacy allowed Smith three minutes to
talk, but warned him against talking about any pending contested case.
Smith expressed his displeasure regarding his inability
to meet with Mike Burleson, Deputy Director for Racing, regarding a pending
contested case. Smith also expressed his extreme displeasure about Paula Flowerday's
comments about the case in an article on the AQHA website.
Chair Lacy set the next meeting of the Commission
for Wednesday, February 20, 2002.
ADJOURN
{ new business}