<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 16ECONOMIC REGULATION
PART 8TEXAS RACING COMMISSION
CHAPTER 321PARI-MUTUEL WAGERING
SUBCHAPTER CREGULATION OF LIVE WAGERING
DIVISION 2DISTRIBUTION OF PARI-MUTUEL POOLS
RULE §321.321Fortune Pick (n)

(a) The fortune pick (n) wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the fortune pick (n) shall be calculated as a separate pool.

(b) The fortune pick (n) pari-mutuel pool consists of amounts contributed for a selection to win only in each of six, seven, eight, nine, or 10races designated by the association. After designating the number of races comprising the fortune pick (n), the association may not change the number during a race meeting without prior written approval of the executive director.

(c) Unique winning wager, as used in this section, shall be defined as having occurred when the total amount wagered on a winning combination selecting the first place finisher in each of the selected fortune pick (n) contests, based upon the official order of finish, is equal to the minimum allowable wager.

(d) Unique winning ticket, as used in this section, shall be defined as having occurred when there is one and only one ticket that correctly selected the first place finisher in each of the selected fortune pick (n) contests, based on the official order of finish, to be verified by the unique serial number assigned by the totalisator system that issued the winning ticket.

(e) A person purchasing a fortune pick (n) ticket shall designate the winning animal in each of the races comprising the fortune pick (n). The association shall issue to the purchaser of a fortune pick (n) ticket a ticket that reflects each of the purchaser's selections.

(f) A fortune pick (n) ticket is a contract between the holder of the ticket and the association and the ticket constitutes acceptance of this section. The association, totalisator company, and the State of Texas are not liable to a person for a fortune pick (n) ticket that is not a winning ticket under this section or for a fortune pick (n) ticket that is not delivered.

(g) A coupled entry or mutuel field in a race that is part of the fortunate pick (n) races shall race as a single betting interest for the purpose of mutuel pool calculations and payoffs to the public.

(h) The fortune pick (n) pool shall be distributed as provided by this section. The net pool in the fortune pick (n) pool is divided into a major pool and a minor pool. The association may designate the major pool percentage of the net amount wagered on the fortune pick (n). The remaining percentage constitutes the minor pool. The association shall notify the executive director in writing before the beginning of each race meeting of its designation regarding the division between the major and minor pools. After designating the division between the major and minor pools, an association may not change the division during a race meeting without prior written approval of the executive director.

(i) Prior to the start of a race meet at which an association will offer a fortune pick (n) wager, the association shall notify the executive director of its election to require a unique winning wager or a unique winning ticket, along with any specifics within that option for which it seeks approval. The association may not change fortune pick (n) options for the meet once testing has been performed based on those selections.

(j) The entire net fortune pick (n) pool and carryover, if any, shall be distributed to the holder of a unique winning wager or unique winning ticket, as appropriate depending on the association's election in subsection (i) of this section. If there is no unique winning wager or unique winning ticket, as appropriate based on the association's election, the minor share of the net fortune pick (n) pool shall, at the discretion of the association and with the prior approval of the executive director, be distributed either as a single price pool to those who selected the first place finisher in the greatest number of fortune pick (n) contests or as a single price pool to those who selected the first-place finisher in all of the pick (n) contests, based on the official order of finish, and the major share shall be added to the carryover.

(k) If the fortune pick (n) minor pool cannot be distributed in accordance with subsection (j) of this section, the minor pool shall be combined with the major pool and added to the previous day's carryover. The entire pool plus carryover shall be carried forward to the next fortune pick (n) pool.

(l) If the association elects to designate the major pool at one hundred percent (100%) and the minor pool at zero percent (0%), the entire net fortune pick (n) pool and carryover, if any, shall be distributed to the holder of a unique winning wager or unique winning ticket, as appropriate based on the association's election in subsection (i) of this section. If there is no unique winning wager or unique winning ticket, as appropriate, the entire pool shall be combined with the previous day's carryover. The entire pool plus carryover shall be carried forward to the next fortune pick (n) pool.

(m) If there is a dead heat for first in any of the fortune pick (n) contests involving:

  (1) contestants representing the same betting interest, the fortune pick (n) pool shall be distributed as if no dead heat occurred.

  (2) contestants representing two or more betting interests, the fortune pick (n) pool shall be distributed as a single price pool with each unique winning wager receiving an equal share of the profit.

(n) Should a betting interest in any of the fortune pick (n) contests be scratched, excused, or determined to be a non-starter, the actual favorite, as shown by the largest amount wagered in the win pool at the time of the start of the race, will be substituted for the non-starting selection for all purposes, including pool calculations and payoffs. If there are two or more favorites in the win pool, both favorites will be substituted for the non-starting selection.

(o) Except as otherwise provided by this subsection, if one or more races in the fortune pick (n) are canceled or declared a "no race", the amount contributed to the major pool for that performance shall be added to the minor pool for that performance and distributed as an extra amount in the minor pool to the holders of the tickets that designate the most winners in the remaining races. All contributions to the major pool from prior performances shall remain in the major pool, to be carried forward to the next performance to be paid in the major pool for that performance. If the stewards or racing judges cancel or declare a "no race" in three or more of the races comprising a fortune pick six, seven, or eight, four or more of the races comprising the fortune pick nine, or five or more of the races comprising the fortune pick 10, the fortune pick (n) is canceled and the association shall refund all fortune pick (n) tickets. A person may not win the major pool unless the person holds a fortune pick (n) ticket that correctly designates the official winners of all the scheduled races comprising the fortune pick (n) for that performance unless it is on the last performance of the race meeting or a designated mandatory payout performance. On the last performance of a race meeting or on a designated mandatory payout performance, if one or more races comprising the fortune pick (n) is canceled or declared a "no race", the major pool and the minor pool for that performance shall be combined with the prior performance major pool and be paid to those holders of tickets who correctly designated the most winners of the remaining races of the fortune pick (n). If on the last performance of the race meeting or on a designated mandatory payout performance the major pool and the minor pool cannot be distributed in accordance with this subsection, then the major and minor pool shall be handled in accordance with subsection (q) of the section.

(p) When the condition of the turf course warrants a change of racing surface in any of the races open to fortune pick (n) wagering, and such change has not been made known to the betting public prior to the close of wagering for the first fortune pick (n) race, the Stewards shall declare the changed races a "no contest" for fortune pick (n) wagering purposes and the pool shall be distributed in accordance with subsection (n) of this section. Following the designation of a race as a "no contest", no tickets shall be sold selecting a horse in such "no contest" race.

(q) If on the last performance of the race meeting or on a designated mandatory payout performance the major pool is not distributable under any previous subsection of this section, the major pool and all money carried forward into that pool from previous performances shall be combined with the minor pool and distributed to the holders of tickets correctly designating the most winners of the races comprising the fortune pick (n) for that performance.

(r) If the final or designated mandatory payoff performance is canceled or the pool has not been distributed in accordance with this section, the pool shall be deposited in an interest-bearing account approved by the executive director. The pool plus all accrued interest shall then be carried over and added to a fortune pick (n) pool with the same number of (n) contests in a subsequent race meeting within the following twelve months, on a date and performance designated by the association with the approval of the executive director. The designation of the date and performance must be made prior to the start of the association's next live racing meet.

(s) Except for refunds required by this section, a fortune pick (n) ticket may not be sold, exchanged, or canceled after the close of wagering on the first of the fortune pick (n) races.

(t) A person may not disclose the number of tickets sold in the fortune pick (n) pool or the number or amount of tickets selecting winners of the races comprising the fortune pick (n) until the results of the last race comprising the fortune pick (n) are official. The totalisator equipment shall be programmed or constructed to suppress the publication or printing of any such information, except the total number of dollars wagered in the fortune pick (n), until the results of the last race comprising the fortune pick (n) are official.


Source Note: The provisions of this §321.321 adopted to be effective effective March 28, 2011, 36 TexReg 1981; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective April 8, 2019, 44 TexReg 1717; amended to be effective August 17, 2021, 46 TexReg 5016

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page