SECTION 301.1. Definitions

(a) Words and terms defined in the Act shall have the same meaning when used in this part unless otherwise defined below.

(b) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Act--The Texas Racing Act, Subtitle A-1, Title 13, Texas Occupations Code.

(2) Active license--a racetrack license designated by the commission as active.

(3) Age of a greyhound--determined as beginning on the day the greyhound is whelped.

(4) Age of a horse--determined as beginning on the first day of January in the year in which the horse is foaled.

(5) Application documents--documents submitted by an applicant for a license in support of the application.

(6) Application period--a period designated by the Commission for the submission of application documents for a racetrack license.

(7) Association grounds--all real property approved by the Commission for use by an association in the conduct of a race meeting.

(8) Association veterinarian--A veterinarian employed by the association.

(9) Authorized agent--a person appointed in writing by the owner or trainer of a horse or greyhound to represent the owner or trainer at a racetrack.

(10) Backstretch--the straightaway on the side of a track that is opposite to the finish line.

(11) Booking--a contract between an association and a kennel owner for the kennel owner to provide greyhounds to the association for a race meeting and for the association to provide kennel buildings to house the greyhounds.

(12) Branding--the act of a totalisator system imprinting a mutuel ticket with information that identifies the ticket as canceled or cashed and automatically making the appropriate notation in the system's memories.

(13) Canceled ticket--a mutuel ticket that represents a wager that has been canceled and withdrawn from the pari-mutuel pool.

(14) Cashed ticket--a mutuel ticket that is paid for a winning wager.

(15) Chief veterinarian--the chief veterinarian employed by the Commission.

(16) Common pool--a pool in which the wagers received at a receiving location are combined with the wagers received at a sending racetrack.

(17) Condition of a race--a characteristic element of the race, such as the distance, qualifications of animal to enter, purse or stakes, or other special features.

(18) Coupled entry--two or more horses entered in a race that, because of common ties of ownership, are joined to be a single betting interest in that race.

(19) Cushion--the top level of a dirt racetrack.

(20) Dead heat--a race in which two or more race animals finish at the same time.

(21) Double entry--an entry of two or more greyhounds in the same race that have either common ownership or the same trainer and are separate wagering interests.

(22) Encrypted--scrambled or otherwise manipulated audio-visual signals to mask the original video content of the signal to cause the signals to be indecipherable and unrecognizable to any person receiving the signal.

(23) Entry--a horse, or horses in the case of a coupled entry, made eligible to run in a race.

(24) Established weight--the racing weight for a greyhound established in accordance with the Rules.

(25) Exempt institutional investor--an investor who is:

(A) an insurance company as defined by the Securities Act of 1933, §2(13), a bank as defined by that Act, §3(a)(2), a savings and loan association or other institution referenced in that Act, §3(a)(5)(A), or a foreign bank or savings and loan association or equivalent institution;

(B) an investment company as defined by the Investment Company Act of 1940, §3(a), an issuer that would have been deemed an investment company under that Act except for the exclusion in that Act, §3(c)(1), or a business development company as defined by that Act, §2(c)(48);

(C) a small business investment company licensed by the United States Small Business Administration under the Small Business Investment Act of 1958, §301(c);

(D) a plan established and maintained by a state, its political subdivisions, or an agency or instrumentality of a state or its political subdivisions for the benefit of its employees;

(E) an employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974;

(F) a trust fund whose trustee is a bank or trust company and whose participants are exclusively plans of the types identified in subparagraph (D) or (E) of this definition, except trust funds that include as participants individual retirement accounts or H.R. 10 plans;

(G) a business development company as defined by the Investment Advisers Act of 1940, §202(a)(22), or an investment adviser registered under that Act;

(H) an organization described in the Internal Revenue Code, §501(c)(3);

(I) a dealer registered under the Securities Exchange Act of 1934, §15;

(J) a legal entity with a market value of at least $50 million whose securities are traded on a nationally recognized or foreign securities exchange or interdealer quotation system, such as NASDAQ; and

(K) a legal entity, acting for its own account or the account of other exempt institutional investors, that in the aggregate owns and invests on a discretionary basis at least $25 million in securities of issuers that are not affiliated with the entity, with the aggregate value of the securities being the cost of the securities, except if the entity reports its securities holdings in its financial statements based on their market value and no current information regarding the cost of the securities has been published, in which case the securities may be valued at market.

(26) Exotic pool--a mutuel pool that involves wagers on more than one entered horse or greyhound or on entries in more than one race.

(27) False start--failure of the starting gate or box doors to open simultaneously.

(28) Foul--an action by a horse or jockey that hinders or interferes with another horse or jockey during the running of a race.

(29) Greyhound race--a contest among greyhounds for purse, stakes, premium, or wager for money, run in the presence of the racetrack officials, including the following:

(A) Hurdle race--a race over a course in which jumps or hurdles are used.

(B) Match race--a race between two or more greyhounds, each the property of different owners, on terms agreed on by the owners and approved by the Commission.

(C) Overnight race--a race for which entries close 96 hours or less before the time set for the first race of the day on which the race is to be run.

(D) Purse race--a race for money or other prize to which the owners of the greyhounds engaged in the race do not contribute an entry.

(E) Race on the flat--a race over a course in which no jumps or other obstacles are placed.

(F) Stakes race--a race in which all money is to be deposited by the owners of the greyhounds engaged in the race, including a race of the day on which the stakes race is to be run.

(30) Groom--an individual employed by an owner or trainer of a racehorse to tend to the physical appearance of the horse and to perform chores in and around the stable.

(31) Growing medium--the substance immediately below the grass on a turf track.

(32) Handle--the total amount of money wagered at a racetrack during a particular period.

(33) Horse--an equine of any breed, including a stallion, gelding, mare, colt, filly, or ridgling.

(34) Horse Race--a running contest between horses for entry fees, purse, prize, or other reward, including the following:

(A) Claiming race--a race in which a horse may be claimed in accordance with the Rules.

(B) Derby race--a race in which the first condition of eligibility is to be three years old.

(C) Futurity race--a race in which the first condition of eligibility is to be two years old.

(D) Guaranteed race--a race for which the association guarantees by its conditions a specified purse, which is the limit of its liability.

(E) Handicap race--a race in which the weights to be carried by the entered horses are adjusted by the racing secretary for the purpose of equalizing their respective chances of winning.

(F) Match race--a race between only two horses that are owned by different owners.

(G) Maturity race--a race in which the first condition of eligibility is to be four years of age or older.

(H) Optional claiming race--a claiming race in which there is an option to have horses entered to be claimed for a stated price or not eligible to be claimed.

(I) Progeny race--a race restricted to the offspring of a specific stallion or stallions.

(J) Purse or overnight race--a race for which owners of horses entered are not required by its conditions to contribute money toward its purse.

(K) Stakes race--a race to which nominators of the entries contribute to a purse.

(L) Starter race--an overnight race under allowance or handicap conditions, restricted to horses which have previously started for a designated claiming price or less, as stated in the conditions of the race.

(M) Walkover race--a stakes race in which only one horse starts or all the starters are owned by the same interest.

(N) Weight for age race--a race in which weights are assigned in keeping with the scale of weights in these rules.

(35) In today horse--a horse that is in the body of a race program which is entered into a race on the next consecutive race day.

(36) Inactive license--a racetrack license designated by the commission as inactive.

(37) Kennel area--an area for the boarding or training of greyhounds.

(38) Lead out--an individual who handles a greyhound from the lockout kennel to the starting box.

(39) Locked in the gate--a horse or greyhound that is prevented from leaving the starting gate or box due to the failure of the front door of the gate or box to open simultaneously with the other doors.

(40) Lure--a mechanical apparatus at a greyhound racetrack consisting of a stationary rail installed around the track, a motorized mechanism that travels on the rail, and a pole that is attached to the mechanism and extends over the track, and to which a decoy is attached.

(41) Maiden--a horse or greyhound that has never won a race at a recognized race meeting authorized by the Commission or by another racing jurisdiction.

(42) Minus pool--a pool in which there are insufficient net proceeds to pay the minimum price to holders of the winning tickets.

(43) Mutuel field--a group of horses joined as a single betting interest in a race due to the limited numbering capacity of the totalisator.

(44) No race--a race that is canceled after being run due to a malfunction of the starting gate or box or any other applicable reason as determined by the Rules.

(45) Nominator--the person in whose name a horse or greyhound is entered for a race.

(46) Occupational licensee--an individual to whom the Commission has issued a license to participate in racing with pari-mutuel wagering.

(47) Odds--a number indicating the amount of profit per dollar wagered to be paid to holders of winning pari-mutuel tickets.

(48) Off time--the moment when, on signal from the starter, the horses or greyhounds break from the starting gate or box and run the race.

(49) Paddock--the area in which horses or greyhounds gather immediately before a race.

(50) Paper/Program Trainer--a licensed trainer who solely for the purposes of the official race program is identified as the trainer of a horse that is actually under the control of and trained by another person who may or may not hold a current trainer's license in any jurisdiction.

(51) Patron--an individual present on association grounds during a race meeting who is eligible to wager on the racing.

(52) Pecuniary interest--includes a beneficial ownership interest in an association, but does not include bona fide indebtedness or a debt instrument of an association.

(53) Performance--the schedule of horse or greyhound races run consecutively as one program. A greyhound performance consists of fifteen or fewer races unless approved by the executive secretary.

(54) Photofinish--the system of recording pictures or images of the finish of a race to assist in determining the order of finish.

(55) Place--to finish second in a race.

(56) Post position--the position assigned to a horse or greyhound in the starting gate or box.

(57) Post time--the time set for the arrival at the starting gate or boxes by the horses or greyhounds in a race.

(58) Purse--the cash portion of the prize for a race.

(59) Race date--a date on which an association is authorized by the Commission to conduct races.

(60) Race day--a day in which a numerical majority of scheduled races is conducted and is a part of the association's allocated race days.

(61) Race meeting--the specified period and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Commission.

(62) Racetrack facility--the buildings, structures and fixtures located on association grounds used by an association to conduct horse or greyhound racing.

(63) Racetrack official--an individual appointed by the commission to officiate at a race meeting.

(64) Racing judge--the executive racing official at a greyhound track.

(65) Reasonable belief--a belief that would be held by an ordinary and prudent person in the same circumstances as the actor.

(66) Recognized race meeting--a race meeting held under the sanction of a turf authority.

(67) Refunded ticket--a pari-mutuel ticket that has been refunded for the value of a wager that is no longer valid.

(68) Rule off--to bar an individual from the enclosure of an association and to deny all racing privileges to the individual.

(69) Rules--the rules adopted by the Texas Racing Commission found in Title 16, Part VIII of the Texas Administrative Code.

(70) Schooling race--a practice race conducted under actual racing conditions but for which wagering is not permitted.

(71) Scratch--to withdraw an entered horse or greyhound from a race after the closing of entries.

(72) Scratch time--the closing time set by an association for written requests to withdraw from a race.

(73) Show--to finish third in a race.

(74) Specimen--a bodily substance, such as hair, blood, urine, saliva, or other bodily tissues taken for analysis from a horse, greyhound, or individual in a manner prescribed by the Commission.

(75) Stakes payments--the fees paid by subscribers in the form of nomination, entry, or starting fees to be eligible to participate.

(76) Stallion owner--a person who is owner of record, at the time of conception, of the stallion that sired the accredited Texas-bred horse.

(77) Starter--a horse or greyhound entered in a race when the doors of the starting gate or box open in front of the horse or greyhound at the time the official starter dispatches the horses or greyhounds.

(78) Straight pool--a mutuel pool that involves wagers on a horse or greyhound to win, place, or show.

(79) Subscription--money paid to nominate, enter, or start a horse or greyhound in a stakes race.

(80) Tack room--a room in the stable area of a horse racetrack in which equipment for training and racing the horses is stored.

(81) Totalisator--a machine or system for registering and computing the wagering and payoffs in pari-mutuel wagering.

(82) Tote board--a facility at a racetrack that is easily visible to the public on which odds, payoffs, advertising, or other pertinent information is posted.

(83) Tote room--the room in which the totalisator equipment is maintained.

(84) Tout--an individual licensed to furnish selections on a race in return for a set fee.

(85) Trial--a race designed primarily to determine qualifiers for finals of a stakes race.

(86) Uplink--an earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data emanating from a sending racetrack, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the receiving location.

(87) Weigh in--the process by which a jockey is weighed after a race or by which a greyhound is weighed before being placed in the lockout kennel.

(88) Weighing in weight--the weight of a greyhound on weighing in to the lockout kennel.

(89) Weigh out--the process by which a jockey or greyhound is weighed before a race.

(90) Weighing out weight--the weight of a greyhound on weighing out of the lockout kennel immediately before post time for the race in which the greyhound is entered.

(91) Win--to finish first in a race.

(92) Winner--

(A) for horse racing, the horse whose nose reaches the finish line first, while carrying the weight of the jockey or is placed first through disqualification by the stewards; and

(B) for greyhound racing, the greyhound whose muzzle, or if the muzzle is lost or hanging, whose nose reaches the finish line first or is placed first through disqualification by the judges.

Source Note: The provisions of this §301.1 adopted to be effective November 15, 1988, 13 TexReg 5555; amended to be effective November 3, 1989, 14 TexReg 5619; amended to be effective October 11, 1990, 15 TexReg 5680; amended to be effective November 29, 1990, 15 TexReg 6587; amended to be effective September 30, 1991, 16 TexReg 5067; amended to be effective November 22, 1991, 16 TexReg 6444; amended to be effective April 10, 1993, 18 TexReg 1927; amended to be effective July 7, 1993, 18 TexReg 4191; amended to be effective January 1, 1999, 23 TexReg 12911; amended to be effective June 1, 2001, 26 TexReg 3623; amended to be effective November 1, 2001, 26 TexReg 8509; amended to be effective November 6, 2002, 27TexReg 10378; amended to be effective July 16, 2007, 32 TexReg 4386; amended to be effective December 8, 2011, 36 TexReg 8369; amended to be effective September 28, 2014, 39 TexReg 7573; amended to be effective March 13, 2016, 41 TexReg 1683; amended to be effective March 8, 2017, 42 TexReg 1024; amended to be effective April 8, 2019, 44 TexReg 1715; amended to be effective June 29, 2022, 47 TexReg 3681