| (a) General Requirements. To request a license from
the Commission, a person must apply to the Commission on forms prescribed
by the executive director.
(b) Application Submission.
(1) Except as provided in paragraphs (2) and (3) of
this subsection, an applicant for an occupational license must file
the appropriate application form and related documents at the licensing
office at a licensed racetrack or through an online process established
by the executive director. All applications must be submitted to the
agency before the applicant engages in an activity that requires an
occupational license under 16 TAC §311.1.
(2) Examinations. The Commission may require the applicant
for an occupational license to demonstrate the applicant's knowledge,
qualifications, and proficiency for the license applied for by an
examination prescribed by the Commission.
(c) Issuance of License.
(1) The executive director may review any application
to determine eligibility for an occupational license and deny a license
based on eligibility factors set forth in the enabling statute or
if the executive director or designee determines:
(A) grounds for denial of the license exist under §311.6
of this title (relating to Denial, Suspension, and Revocation of Licenses);
or
(B) if the applicant or a member of the applicant's
family or household currently holds a Commission license, after considering
the nature of the licenses sought or held by the applicant, issuing
a license to the applicant would create a conflict of interest that
might affect the integrity of pari-mutuel racing.
(2) An occupational licensee may not act in any capacity
other than that for which he or she is licensed.
(3) The executive director or designee may issue a
license subject to the applicant satisfying one or more conditions
which reasonably relate to the applicant's qualifications or fitness
to perform the duties of the license sought.
(d) License Badge.
(1) The Commission shall issue a certificate identification
card in the form of a license badge to each individual licensed under
this subchapter.
(2) The badge must bear the seal of the Commission.
(3) The badge must contain:
(A) the licensee's full name;
(B) the licensee's photograph;
(C) the category of license;
(D) the month and year in which the license expires;
(E) a color code that designates whether the licensee
has access to the stable or kennel area; and
(F) the license number assigned by the Commission.
(4) If a badge issued under this section is lost or
stolen, the licensee shall immediately notify the Commission and may
apply for a duplicate badge with the same terms as the original badge.
To apply for a duplicate badge, the licensee must:
(A) file a sworn affidavit stating that the badge was
lost, stolen, or destroyed;
(B) surrender any remaining portion of the badge; and
(C) pay a duplicate badge fee in an amount set by the
Commission.
(e) License provisions for military service members,
military spouses, and military veterans.
(1) The terms "military service member," "military
spouse," and "military veteran" shall have the same meaning as those
terms are defined in Texas Occupations Code, Chapter 55.
(2) Credit for Military Service. Military service members
and military veterans will receive credit toward any experience requirements
for a license as appropriate for the particular license type and the
specific experience of the military service member or veteran.
(3) Credit for holding a current license issued by
another jurisdiction. Military service members, military spouses,
and military veterans who hold a current license issued by another
jurisdiction that has licensing requirements that are substantially
equivalent to the license in this state will receive credit toward
any experience requirements for a license as appropriate for the particular
license type.
(4) Supporting documentation must be submitted with
the license application.
(5) The executive director may waive any prerequisite
to obtaining a license for an applicant who is a military service
member, military veteran, or military spouse, after reviewing the
applicant's credentials.
(6) Expedited license procedure. As soon as practicable
after a military service member, military veteran, or military spouse
files an application for a license, the commission will process the
application and issue the license to an applicant who qualifies under
this section.
(7) License application and examination fees will be
waived for the initial application of an applicant who qualifies under
this subsection.
(8) Military spouse acting under out-of-state license.
A military spouse who holds a racing license issued by another jurisdiction
and who wishes to participate in racing in Texas under that license
shall submit to the Commission the information required by Section
55.0041 of the Texas Occupations Code. Upon receipt of such information,
the Commission shall determine whether the requirements of Section
55.0041 are satisfied and notify the military spouse that the person
is authorized to act under that section if it confirms, through communication
with the other jurisdiction or through other means, that:
(A) the jurisdiction that issued the license on which
the military spouse is relying to act in Texas has substantially equivalent
license requirements; and
(B) the military spouse is licensed in good standing
in the other jurisdiction.
|
| Source Note: The provisions of this §311.2 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 376; amended to be effective October 25, 2004, 29 TexReg 9847; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective July 7, 2014, 39 TexReg 5149; amended to be effective May 8, 2016, 41 TexReg 3304; amended to be effective February 12, 2020, 45 TexReg 892; amended to be effective March 27, 2024, 49 TexReg 1910 |
