| (a) Words and terms defined in the Act shall have the
same meaning when used in this part unless otherwise defined below.
(b) The following words and terms, when used in this
part, shall have the following meanings, unless the context clearly
indicates otherwise:
(1) Act--The Texas Racing Act, Subtitle A-1, Title
13, Texas Occupations Code.
(2) Active license--a racetrack license designated
by the commission as active.
(3) Age of a greyhound--determined as beginning on
the day the greyhound is whelped.
(4) Age of a horse--determined as beginning on the
first day of January in the year in which the horse is foaled.
(5) Application documents--documents submitted by an
applicant for a license in support of the application.
(6) Application period--a period designated by the
Commission for the submission of application documents for a racetrack
license.
(7) Association grounds--all real property approved
by the Commission for use by an association in the conduct of a race
meeting.
(8) Association veterinarian--A veterinarian employed
by the association.
(9) Authorized agent--a person appointed in writing
by the owner or trainer of a horse or greyhound to represent the owner
or trainer at a racetrack.
(10) Backstretch--the straightaway on the side of a
track that is opposite to the finish line.
(11) Booking--a contract between an association and
a kennel owner for the kennel owner to provide greyhounds to the association
for a race meeting and for the association to provide kennel buildings
to house the greyhounds.
(12) Branding--the act of a totalisator system imprinting
a mutuel ticket with information that identifies the ticket as canceled
or cashed and automatically making the appropriate notation in the
system's memories.
(13) Canceled ticket--a mutuel ticket that represents
a wager that has been canceled and withdrawn from the pari-mutuel
pool.
(14) Cashed ticket--a mutuel ticket that is paid for
a winning wager.
(15) Chief veterinarian--the chief veterinarian employed
by the Commission.
(16) Common pool--a pool in which the wagers received
at a receiving location are combined with the wagers received at a
sending racetrack.
(17) Condition of a race--a characteristic element
of the race, such as the distance, qualifications of animal to enter,
purse or stakes, or other special features.
(18) Coupled entry--two or more horses entered in a
race that, because of common ties of ownership, are joined to be a
single betting interest in that race.
(19) Cushion--the top level of a dirt racetrack.
(20) Dead heat--a race in which two or more race animals
finish at the same time.
(21) Double entry--an entry of two or more greyhounds
in the same race that have either common ownership or the same trainer
and are separate wagering interests.
(22) Encrypted--scrambled or otherwise manipulated
audio-visual signals to mask the original video content of the signal
to cause the signals to be indecipherable and unrecognizable to any
person receiving the signal.
(23) Entry--a horse, or horses in the case of a coupled
entry, made eligible to run in a race.
(24) Established weight--the racing weight for a greyhound
established in accordance with the Rules.
(25) Exempt institutional investor--an investor who
is:
(A) an insurance company as defined by the Securities
Act of 1933, §2(13), a bank as defined by that Act, §3(a)(2),
a savings and loan association or other institution referenced in
that Act, §3(a)(5)(A), or a foreign bank or savings and loan
association or equivalent institution;
(B) an investment company as defined by the Investment
Company Act of 1940, §3(a), an issuer that would have been deemed
an investment company under that Act except for the exclusion in that
Act, §3(c)(1), or a business development company as defined by
that Act, §2(c)(48);
(C) a small business investment company licensed by
the United States Small Business Administration under the Small Business
Investment Act of 1958, §301(c);
(D) a plan established and maintained by a state, its
political subdivisions, or an agency or instrumentality of a state
or its political subdivisions for the benefit of its employees;
(E) an employee benefit plan within the meaning of
Title I of the Employee Retirement Income Security Act of 1974;
(F) a trust fund whose trustee is a bank or trust company
and whose participants are exclusively plans of the types identified
in subparagraph (D) or (E) of this definition, except trust funds
that include as participants individual retirement accounts or H.R.
10 plans;
(G) a business development company as defined by the
Investment Advisers Act of 1940, §202(a)(22), or an investment
adviser registered under that Act;
(H) an organization described in the Internal Revenue
Code, §501(c)(3);
(I) a dealer registered under the Securities Exchange
Act of 1934, §15;
(J) a legal entity with a market value of at least
$50 million whose securities are traded on a nationally recognized
or foreign securities exchange or interdealer quotation system, such
as NASDAQ; and
(K) a legal entity, acting for its own account or the
account of other exempt institutional investors, that in the aggregate
owns and invests on a discretionary basis at least $25 million in securities
of issuers that are not affiliated with the entity, with the aggregate
value of the securities being the cost of the securities, except if
the entity reports its securities holdings in its financial statements
based on their market value and no current information regarding the
cost of the securities has been published, in which case the securities
may be valued at market.
(26) Exotic pool--a mutuel pool that involves wagers
on more than one entered horse or greyhound or on entries in more
than one race.
(27) False start--failure of the starting gate or box
doors to open simultaneously.
(28) Foul--an action by a horse or jockey that hinders
or interferes with another horse or jockey during the running of a
race.
(29) Greyhound race--a contest among greyhounds for
purse, stakes, premium, or wager for money, run in the presence of
the racetrack officials, including the following:
(A) Hurdle race--a race over a course in which jumps
or hurdles are used.
(B) Match race--a race between two or more greyhounds,
each the property of different owners, on terms agreed on by the owners
and approved by the Commission.
(C) Overnight race--a race for which entries close
96 hours or less before the time set for the first race of the day
on which the race is to be run.
(D) Purse race--a race for money or other prize to
which the owners of the greyhounds engaged in the race do not contribute
an entry.
(E) Race on the flat--a race over a course in which
no jumps or other obstacles are placed.
(F) Stakes race--a race in which all money is to be
deposited by the owners of the greyhounds engaged in the race, including
a race of the day on which the stakes race is to be run.
(30) Groom--an individual employed by an owner or trainer
of a racehorse to tend to the physical appearance of the horse and
to perform chores in and around the stable.
(31) Growing medium--the substance immediately below
the grass on a turf track.
(32) Handle--the total amount of money wagered at a
racetrack during a particular period.
(33) Horse--an equine of any breed, including a stallion,
gelding, mare, colt, filly, or ridgling.
(34) Horse Race--a running contest between horses for
entry fees, purse, prize, or other reward, including the following:
(A) Claiming race--a race in which a horse may be claimed
in accordance with the Rules.
(B) Derby race--a race in which the first condition
of eligibility is to be three years old.
(C) Futurity race--a race in which the first condition
of eligibility is to be two years old.
(D) Guaranteed race--a race for which the association
guarantees by its conditions a specified purse, which is the limit
of its liability.
(E) Handicap race--a race in which the weights to be
carried by the entered horses are adjusted by the racing secretary
for the purpose of equalizing their respective chances of winning.
(F) Match race--a race between only two horses that
are owned by different owners.
Cont'd... |
