| (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.
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| 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 |
