SECTION 309.118. Regulatory Office Space and Equipment

(a) An association shall provide adequate office space for the use of the stewards or racing judges, occupational licensing personnel, the Commission's investigative unit, the pari-mutuel auditing staff and the staff employed by the comptroller, the Commission veterinary and drug testing staff, and the Department of Public Safety. The location and size of the office space, furnishings, electrical outlets, telephone lines, television monitors, and equipment required under this section must be approved by the executive director.

(b) An association shall provide a place for posting notices from the Commission that is easily viewed by patrons and licensees. An association shall promptly post all notices received from the Commission.

(c) The office for the stewards or racing judges must be furnished and be equipped with at least one telephone line.

(d) The office for the Commission's investigative unit must be located adjacent to the occupational licensing office and the Department of Public Safety office. The office must be furnished and be equipped with:

(1) a telephone line; and

(2) a television monitor to monitor the events on the racetrack.

(e) The office space for occupational licensing personnel must consist of two rooms, one of which must be private. The room that is not private must be equipped with:

(1) a double counter;

(2) a fingerprint work area;

(3) a television monitor;

(4) a telephone line;

(5) a dedicated telephone line to be used by a fax machine;

(6) a dedicated Ethernet line to be used by a credit card machine or other secure line with access to the internet that is acceptable to the executive director;

(7) the appropriate number of desks, file cabinets and chairs;

(8) locking file cabinets or other locking storage facilities adequate in size and number to store the licensing files and checks; and

(9) power outlets adequate in number and capacity to operate all of the Commission's electrical equipment located within the occupational licensing office.

(f) The office space for the pari-mutuel auditing staff and the staff employed by the comptroller must:

(1) provide an unrestricted view of the pari-mutuel computers;

(2) permit unrestricted entry to the totalisator facilities;

(3) be furnished with the appropriate number of desks and chairs;

(4) include locking file cabinets in the work area or other locking storage facilities, in which the auditors may store computer printouts or magnetic tape and that are large enough to store all state-controlled wagering records for the association that are needed for audits by the Commission or the comptroller;

(5) include a video and audio device that enables the auditors to receive, simultaneously with the patrons, the same information that the patrons receive;

(6) have at least six power outlets to operate electrical equipment;

(7) include a telephone line;

(8) if requested by the Commission or the comptroller, have an additional Ethernet or other secure line with access to the internet that is acceptable to the executive director; and

(9) a dedicated telephone line to be used by a fax machine.

(g) Commission Veterinarian's Office.

(1) An association shall provide a secured office area for the Commission veterinarians.

(2) The office must be adjacent to the drug testing area and the pre-race holding area.

(3) The office must consist of at least two rooms, one of which must be private.

(4) At horse racetracks, the office must be constructed to allow a view of each of the adjacent areas.

(5) The office must be equipped with:

(A) a sink with hot and cold water built into a counter of a size required by the executive director;

(B) desks and filing cabinets, in numbers as required by the executive director, equipped with locks;

(C) at horse racetracks, refrigerators and freezers, in sizes and numbers as required by the executive director, equipped with locks;

(D) at greyhound racetracks, a freezer in a size as required by the executive director;

(E) a storage area, of a size required by the executive director, with a door approved by the executive director;

(F) telephone lines with telephones as required by the executive director;

(G) television monitors as required by the executive director; and

(H) at horse racetracks, a freestanding counter of a size required by the executive director.

(6) All locks must be of a type approved by the executive director.

(h) An association shall provide a private telephone line for the exclusive use of the Department of Public Safety in the department's office. An association shall provide, inside the enclosure in close proximity to the department's office, adequate reserved parking for the Department of Public Safety personnel.

(i) All telephone lines provided under this section must:

(1) be assigned a unique telephone number that is directly accessible by outside callers;

(2) if requested by the executive director, be listed in the governmental section of the local telephone directory; and

(3) if requested by the executive director, be listed on the association's website.

(j) An association shall provide at its expense computer lines, phone equipment, and any necessary voice and data network cabling in the offices of the state regulatory and law enforcement personnel as prescribed by the executive director. In addition, the association shall reimburse the Commission for the costs of any network or data circuits installed or caused to be installed by the Commission at the association's location.

(k) All costs of telecommunications for regulatory and law enforcement personnel provided under this section shall be paid by the association and the telecommunications service may not be interrupted at any time. To ensure minimal disruption to the Commission's regulatory functions, the association shall ensure the Commission staff has twenty-four hour access and keys to any telecommunications rooms serving regulatory and law enforcement personnel as prescribed by the executive director.

(l) An association shall provide to the Commission a number of keys to the Commission offices as approved by the executive director.

(m) An association shall provide, inside the enclosure and in close proximity to the Commission's regulatory offices, adequate reserved parking for Commission staff.

Source Note: The provisions of this §309.118 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 367; amended to be effective December 7, 2008, 33 TexReg 10003; amended to be effective November 20, 2019, 44 TexReg 7045