| (a) Licensing.
(1) A trainer may enter a horse or greyhound in a race
without first obtaining a license, but must obtain a license one hour
prior to the post time of the first race of the day in which the trainer
intends to race the horse or greyhound. Except as otherwise provided
by this section, to be licensed by the Commission as a trainer, a
person must:
(A) be at least 18 years old;
(B) submit a minimum of two written statements from
licensed trainers, veterinarians, owners, or kennel owners, attesting
to the applicant's character and qualifications;
(C) interview with the board of stewards or judges;
(D) satisfactorily complete a written examination prescribed
by the Commission; and
(E) satisfactorily complete a practical examination
prescribed by the Commission and administered by the stewards or racing
judges or designee of the stewards or racing judges.
(2) Examinations.
(A) A $50 non-refundable testing fee is assessed for
administering the written and practical examinations. The fee is due
and payable at the time the written examination is scheduled. If the
applicant fails the written or practical examination, the applicant
will be allowed to retake it once without an additional fee. The applicant
must pay a $50 non-refundable testing fee to schedule an examination
after each retest. A minimum of 48 hours advance notice is required
to reschedule an examination appointment without loss of the testing
fee. An applicant who fails to timely reschedule an examination appointment
must pay a new testing fee to reschedule the appointment. A steward
or judge may waive the additional fee if, in the opinion of the steward
or judge, the applicant shows good cause for the failure to timely
reschedule an examination appointment.
(B) The standard for passing the written examination
must be printed on the examination. An applicant who fails the written
examination may not take the written examination again before the
90th day after the applicant failed the written examination. An applicant
who fails the written examination for a second or any subsequent time
may not reschedule the written examination for 180 calendar days after
the last failure and the applicant must pay an additional $50 non-refundable
testing fee. After successful completion of the written exam an applicant
has 365 calendar days to successfully complete the practical exam.
(C) An applicant who fails the practical examination
may not reschedule the practical examination again before the 180th
day after the applicant failed the practical examination. An applicant
who fails the practical examination for a second time may not reschedule
another practical examination for 365 calendar days after the day
the applicant failed the second practical examination and the applicant
must pay an additional $50 non-refundable testing fee.
(D) The Commission may waive the requirement of a written
and/or practical examination for a person who has a current license
issued by another pari-mutuel racing jurisdiction. If a person for
whom the examination requirement was waived demonstrates an inability
to adequately perform the duties of a trainer, through excessive injuries,
rulings, or other behavior, the stewards or racing judges may require
the person to take the written and/or practical examination. If such
a person fails the examination, the stewards or racing judges shall
suspend the person's license for 90 days with reinstatement contingent
upon passing the written and/or practical examination.
(3) A trainer must use the trainer's legal name to
be licensed as a trainer. A trainer who is also an owner may use a
stable name or kennel name in the capacity of owner.
(4) To be licensed as an assistant trainer, a person
must qualify in all respects for a trainer's license and be in the
employ of a licensed trainer. An assistant trainer's license carries
all the privileges and responsibilities of a trainer's license.
(b) Absolute Insurer.
(1) A trainer shall ensure the health and safety of
each horse or greyhound that is in the care and custody of the trainer.
(2) A trainer shall ensure that a horse or greyhound
that runs a race while in the care and custody of the trainer or kennel
owner is free from all prohibited drugs, chemicals, or other substances.
(3) A trainer who allows a horse or greyhound to be
brought to the paddock or lockout kennel warrants that the horse or
greyhound:
(A) is qualified for the race;
(B) is ready to run;
(C) is in a physical condition to exert its best efforts;
and
(D) is entered with the intent to win.
(c) Health Reports.
(1) A trainer shall immediately notify the Commission
veterinarian or designee of unusual symptoms in a horse or greyhound
that is in the trainer's care and custody.
(2) Not later than one hour after finding a dead horse
or greyhound on association grounds, a trainer shall notify the stewards
or racing judges and the Commission veterinarian, or their designee,
of the death. In the absence of regulatory personnel, the trainer
shall notify security personnel on the association grounds.
(d) Owner Suspended. A trainer may not retain a horse
or greyhound in the trainer's care and custody if the Commission has
suspended or revoked the license of the owner of the horse or greyhound.
(e) An individual who is licensed to work for a trainer
is not permitted in the stable or kennel area on association grounds
unless the licensee is employed by and doing work for a trainer on
the association grounds. An individual in the stable or kennel area
on association grounds who is not in the employ of and doing work
for a trainer may be ejected from the stable or kennel area on the
association grounds.
(f) Restrictions on Racing. A trainer may not enter
a race animal or cause a race animal to be entered in a race at a
racetrack if:
(1) the trainer 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.
(g) Trainer Employees.
(1) A horse trainer shall provide a list to the Commission
of all of the trainer's employees on association grounds during the
period of continuous security service under §309.154(a)(1) (relating
to Stable or Kennel Area.) The list shall include each employee's
name, occupation and occupational license number. The trainer shall
notify the Commission in writing within 72 hours of initiating or
learning of any change.
(2) A trainer may not sign an application as the employer
of a licensee that the trainer does not actually employ.
(3) A trainer may not employ an individual who is less
than 16 years of age to work for the trainer on an association's grounds.
(4) A trainer may not employ a jockey to prevent the
jockey from riding in a race.
(h) Trainer Absent. If a trainer must be absent because
of illness or any other cause, the trainer shall appoint another licensed
trainer to fulfill his or her duties, and promptly report the appointment
to the stewards or racing judges for approval. The absent trainer
and substitute trainer have joint responsibility for the condition
of the race animals normally trained by the absent trainer.
(i) Suspended, Revoked or Ineligible Horse Trainers.
(1) Upon the suspension, revocation or denial of a
trainer's license, the trainer shall notify each owner for whom he
or she trains horses of the suspension, revocation or denial.
(2) Except as specifically permitted by the executive
director in writing, a person may not assume the responsibilities
of a horse trainer who is ineligible to be issued a license or whose
license is suspended or revoked if the person:
(A) is related to the trainer by consanguinity or affinity,
as determined under Subchapter B, Chapter 573, Government Code.
(B) is related to the spouse of the trainer by blood
or by marriage; or
(C) has been an employee of the trainer within the
previous year.
(3) A person who assumes the care, custody, or control
of the horses of a suspended, revoked or ineligible horse trainer
may not:
(A) receive any compensation regarding those horses
from the suspended, revoked or ineligible trainer;
(B) pay any compensation regarding those horses to
the suspended, revoked or ineligible trainer;
(C) solicit or accept a loan of anything of value from
the suspended, revoked or ineligible trainer; or
(D) use the farm or individual name of the suspended,
revoked or ineligible trainer when billing customers.
(4) A person who assumes the care, custody, or control
of the horses of a suspended, revoked or ineligible trainer is directly
responsible for all financial matters relating to the care, custody,
or control of the horses.
(5) On request by the Commission, a suspended, revoked
or ineligible trainer or a person who assumes the care, custody, or
control of the horses of a suspended, revoked or ineligible trainer
shall permit the Commission to examine all financial or business records
to ensure compliance with this section.
(j) Reporting to Clocker. When taking a horse onto
a racetrack to work, a horse trainer or an assistant of the trainer
shall report the horse's name and the distance to be worked to the
morning clocker or an assistant clocker or shall instruct the jockey
or exercise rider to transmit the information to the clocker or assistant
clocker.
(k) Other Responsibilities. A trainer is responsible
for:
(1) the condition and contents of stalls/kennels, tack
rooms, feed rooms, and other areas which have been assigned by the
association;
(2) maintaining the assigned stable/kennel area in
a clean, neat and sanitary condition at all times;
(3) ensuring that fire prevention rules are strictly
observed in the assigned stable/kennel area;
(4) training all animals owned wholly or in part by
the trainer that are participating at the race meeting;
(5) ensuring that, at the time of arrival at a licensed
racetrack, each animal in the trainer's care is accompanied by a valid
health certificate/certificate of veterinary inspection;
(6) using the services of those veterinarians licensed
by the Commission to attend animals that are on association grounds;
(7) promptly notifying the official veterinarian of
any reportable disease and any unusual incidence of a communicable
illness in any animal in the trainer's charge;
(8) immediately reporting to the stewards/judges and
the official veterinarian if the trainer knows, or has cause to believe,
that an animal in the trainer's custody, care or control has received
any prohibited drugs or medication;
(9) maintaining a knowledge of the medication record
and status of all animals in the trainer's care;
(10) ensuring the fitness of an animal to perform creditably
at the distance entered;
(11) ensuring that the trainer's horse is properly
shod, bandaged and equipped; and
(12) reporting the correct sex of the horses in his/her
care to the Commission veterinarian and the horse identifier.
(l) No licensee shall act as a program trainer, nor
shall any owner name a program trainer on the entry form. Any licensee
found to be acting as a program trainer and any owner who listed a
program trainer is responsible for all violations occurring from participation
of any horse or greyhound entered or raced by the licensee. Further,
the Commission recognizes that identification of the correct trainer
in the program is an important handicapping tool used by the wagering
public. Therefore, the Commission identifies the practices of utilizing
a program trainer and of acting as a program trainer as being inconsistent
with maintaining the honesty and integrity of racing under §307.7
(relating to Ejection and Exclusion) and as a detrimental practice
under §311.6 (relating to Denial, Suspension and Revocation of
Licenses.)
|
| Source Note: The provisions of this §311.104 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 1, 2003, 27 TexReg 12189; amended to be effective January 8, 2004, 29 TexReg 378; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective July 14, 2009, 34 TexReg 4635; amended to be effective January 5, 2010, 35 TexReg 93; amended to be effective March 6, 2012, 37 TexReg 1509; amended to be effective May 30, 2013, 38 TexReg 3337; amended to be effective November 2, 2015, 40 TexReg 7668; amended to be effective March 8, 2017, 42 TexRg 1025; amended to be effective July 17, 2017, 42 TexReg 3539; amended to be effective September 4, 2018, 43TexReg 5679 |
