| (a) Class 1 and Class 2 Racetracks. A Class 1 or Class 2 racetrack
may offer pari-mutuel wagering on a race simulcast from another jurisdiction,
subject to the approval of the executive secretary, provided the Class 1 or
Class 2 racetrack also offers all available simulcast races originating in
Texas on that day.
(b) Class 3 and Class 4 Racetracks. A Class 3 or Class 4 racetrack
may conduct pari-mutuel wagering on a race simulcast from another jurisdiction,
subject to the approval of the executive secretary, provided the Class 3 or
Class 4 racetrack:
(1) also offers all available simulcast races originating in
Texas on that day;
(2) is owned or managed by an entity that has at least three
years experience operating a pari-mutuel racetrack in Texas;
(3) demonstrates to the Commission's satisfaction that the
simulcasting is necessary to provide sufficient purses to support the Texas
live racing industry;
(4) demonstrates to the Commission's satisfaction that the
live racing program offered at the racetrack provides significant support
to the Texas horse breeding industry; and
(5) demonstrates to the Commission any effect simulcasting
may have on each Class 1, Class 2, or greyhound racetrack located within 100
miles of the Class 3 or Class 4 racetrack.
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