Texas Racing Commission
Formal Meeting Agenda
Wednesday, February 20, 2002
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 Commissioners David Garza and Colleen McHugh
absent.
PROCEEDINGS ON RULEMAKING
Consideration of and action on the following rules:
(1) Adoptions
§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)
§323.202.
Notice to District Attorneys. (Amendment)
§323.203. Department of Public Safety Reports. (Amendment)
The Commission voted
unanimously to adopt all the amendments.
(2) Proposals
§307.7. Ejection or Exclusion. (Amendment)
§309.351. Kennel Contracts. (Amendment)
§319.102. Veterinarian's List. (Amendment)
§323.201. Reporting of Criminal Activity, Arrests, and Convictions. (Amendment)
§307.62. Disciplinary
Hearings. (Amendment)
§319.301. Testing Authorized. (Amendment)
Staff
pulled §319.102 from consideration until further research is performed.
The
Commission voted unanimously to publish the proposals for §307.7,
§309.351,
and §323.201 in
the Texas Register.
The
Commission voted unanimously to publish the proposal to §319.301 in the
Texas Register and took no action on §307.62.
(3) Petitions for Rulemaking
Petition by the Gulf Greyhound Park
for an amendment to §309.313. Kennel Buildings.
The
Commission voted unanimously to publish the proposal for §309.313
in the Texas Register which will allow the executive secretary to determine
the number of crates to be permitted in each kennel building.
PROCEEDINGS ON OCCUPATIONAL LICENSEES
Consideration of and action on the following matters:
Proposal for Decision, Exceptions,
and Replies to Exceptions in SOAH No. 476-01-3143, TxRC No. 2001-O2-05, In
Re: The Appeal by Toby Keeton and James T. Hays, D.V.M. from Stewards' Ruling
Retama Park 1146.
The Commission voted unanimously to adopt the Administrative Law Judge's Proposal
for Decision which upheld the Stewards' Ruling Retama Park 1146.
GENERAL BUSINESS
Consideration of and action on the following matters:
(1) Election of Vice Chair.
The Commission voted
unanimously to elect Dyke Rogers to serve as the Vice-Chair of the Commission
for the period January, 2002, to January, 2003.
(2)
Budget and Finance update.
The Commission took no action on
the budget update provided by Tim Craig, Chief Financial Officer for the Commission.
PROCEEDINGS ON RACETRACKS
EXECUTIVE SESSION
(1) Executive Session pursuant to Texas Government Code §551.074(a)(1)
to
Consideration of and action on the following matters:
(1)
Request by Lone Star Park at Grand Prairie for an exemption or deferred compliance
from §309.282, relating to living quarters.
Following extensive discussion, the Commissioners voted 5-1 to approve an
exemption or deferred compliance from §309.282,
relating to living quarters, for Lone Star Park at Grand Prairie, for the calendar
year 2002.
(2) Request by Sam Houston Race Park for a change in ownership.
With Ms Lacy recusing, the Commission voted 5-0 to approve the change in
ownership as requested by Sam Houston Race Park.
(3) Report on Racetrack Inspections.
Paula Flowerday reported that all outstanding issues have been addressed
at Manor Downs.
deliberate personnel matters: the performance evaluation of the Executive Secretary.
The Commission went into executive session at 11:20 a.m. and reconvened in
open session at 11:55 a.m.
(2) 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.
An executive session was not required.
OLD BUSINESS
NEW BUSINESS
The next Commission meeting will be on Thursday, May 9.
Paula Flowerday reported that Manor Downs opening weekend went smoothly
from the racing standpoint. Staff will continue to work with some of their pari-mutuel
staff to ensure they follow the rules properly and know what to do in cases
of emergencies.
ADJOURN