| (a) General Provisions.
(1) Except as otherwise provided by this subsection,
the owner of a greyhound, as listed on the animal's registration paper,
must obtain an owner's license from the Commission. A person may not
be licensed as an owner if the person is not the owner of record of
a properly registered greyhound that the person intends to race in
Texas. The owner must be licensed one hour prior to the post time
of the first race of the day in which the owner intends to race the
animal.
(2) If the owner is not an individual, each individual
who is a director, officer, or partner of the owner or who has an
ownership interest in the greyhound of 5.0% or more must be licensed
by the Commission.
(3) If the owner is not an individual, the owner must
provide to the Commission:
(A) a sworn statement by the chief executive officer
of the owner or by one of the partners of the owner that the officer
or partner represents the owner and is responsible for the greyhound;
(B) a statement that the owner is authorized by law
to do business in Texas; and
(C) a list of the names and addresses of all individuals
having an ownership interest in the greyhound.
(4) If the owner is not an individual, the ownership
entity must:
(A) designate a representative; or
(B) file an authorized agent form with the Commission
and pay the prescribed fee.
(5) If the registered owner of a greyhound is a minor,
a financial responsibility form approved by the executive secretary
must be signed by the parent or guardian of the owner assuming financial
responsibility for the debts incurred for the training and racing
of the greyhound.
(b) Change of Ownership.
(1) If the owner of an interest in a greyhound housed
on an association's grounds transfers that interest to another person,
both parties to the transaction shall give written notice of the transfer
to the racing judges officiating for that association. Notice under
this section must be submitted to the appropriate officials not later
than 24 hours after the agreement to transfer the interest is made.
(2) A licensee of the Commission may not transfer an
ownership interest in a greyhound to avoid disqualification of the
greyhound.
(c) Emergency License.
(1) If an owner is unable to complete an application
for an owner's license because of absence or illness, the licensed
trainer desiring to enter a greyhound in a race may apply for an emergency
owner's license on behalf of the absent owner.
(2) The trainer applying for an emergency owner's license
on behalf of an absent owner must submit a written statement with
the license application specifying the reasons the owner is unable
to complete the application.
(3) The trainer applying for an emergency owner's license
must submit at least the following information: the owner's full name,
home or business address, and telephone number. At the time of application,
the appropriate licensing fee must be paid to the Commission. Failure
to provide all of the foregoing information is grounds for denial
of an emergency owner's license.
(4) If an owner submits an incomplete application for
an owner's license, the application will remain in pending status
until:
(A) the owner submits any additional information required
to process the application;
(B) the application expires in accordance with the
term of the applied-for license; or
(C) a greyhound is entered in the owner's name or in
the name of a multiple owner of which the owner is a member, in which
case the pending license will be presumed to be a request for an emergency
license.
(5) A license issued under this section expires on
the 21st day after the date the emergency owner's license is issued.
An owner may obtain only one emergency license per year. An emergency
license cannot be issued if the owner failed to complete the prior
licensing process.
(d) Restrictions on Racing. An owner may not enter
a greyhound or cause a greyhound to be entered in a race at a racetrack
if:
(1) the owner knows or can reasonably be expected to
know that the greyhound was trained using a live or dead animal or
fowl as a lure in this state or out of this state. This paragraph
does not apply to the use of a training lure that is made from cured
animal hides or pelts and is commercially available to the public;
(2) the owner or trainer is employed by the racetrack
association in a management or supervisory position that is capable
of affecting the conduct of races or pari-mutuel wagering at the racetrack;
or
(3) the owner or trainer is involved in any way with
the sale or publication of tip sheets on association grounds.
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| Source Note: The provisions of this §311.102 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 378; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective March 1, 2013, 38 TexReg 244; amended to be effective May 30, 2013, 38 TexReg 3337; amended to be effective October 19, 2015, 40 TexReg 7219 |
