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RULE §321.318Special Wager

(a) Special wager authorized.

  (1) Subject to the prior approval of the Commission, an association may offer a special wager in any form of wager authorized by the Rules. All applicable laws and rules that apply to the form of wager selected for the special wager apply to the special wager.

  (2) A special wager must be based on the outcome of a race or races and comply with the definition of pari-mutuel wagering as defined by the Act, §2021.003. The wager must be based on the performance of a specific race animal or animals in a race or races.

  (3) All tickets on a special wager shall be calculated as a separate pool. If a special wager uses a point system to determine the winning tickets, the stewards or racing judges are responsible for certifying the accuracy of the point totals for purposes of payoff calculations and pool distribution. The use of any point system must be based on objective criteria.

(b) Approval of special wager.

  (1) To offer a special wager, an association must file a written request with the executive secretary. The request must be filed no later than the 30th day before the day on which the Commission is to consider the request.

  (2) The request must state:

    (A) the name of the wager;

    (B) the type of wagering pool to be used;

    (C) the method by which winning tickets will be determined; and

    (D) the method for addressing dead heats, no contest races, scratches, jockey changes, coupled entries, prevention of start, and disqualifications.

  (3) After reviewing the request, the executive secretary may request additional information regarding the special wager.

  (4) If the Commission determines the proposed special wager will be offered in a manner that complies with the Rules and that is consistent with maintaining the integrity of pari-mutuel wagering, the Commission may approve the request. The Commission may place reasonable conditions on the approval of the special wager. The Commission has sole discretion to approve or disapprove requests for special wagers.

  (5) The executive secretary shall notify the association of the Commission's decision regarding the request no later than the fifth day after the Commission's decision.

  (6) Approval of a special wager is perpetual, unless the association proposes to change the method by which winning tickets will be determined or the method for addressing dead heats, no contest races, scratches, jockey changes, coupled entries, prevention of start, and disqualifications. In that instance, the association must obtain approval for the changes in the special wager.

(c) Notice of special wager.

  (1) An association shall publish notice of a special wager that is approved in its program at least 14 days before the first day the special wager will be offered. If the wager is to be offered during the first 14 days of a live race meeting, the association shall publish notice of the special wager in the program for every race day in the race meeting before the day the special wager is to be offered.

  (2) The association shall post in a prominent place in the grandstand of the racetrack a full description of the special wager, including all information described in Subsection (b)(2) of this section and any conditions imposed by the Commission.

Source Note: The provisions of this §321.318 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective November 6, 2002, 27 TexReg 10380; amended to be effective July 1, 2019, 44 TexReg 3262

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