Section 309.299 - Horsemen's Representative(a) Findings. The Commission finds a need for horse owners and trainers to negotiate and covenant with associations as to the conditions of live race meetings, the distribution of purses not governed by statute, simulcast transmission and reception, and other matters relating to the welfare of the owners and trainers participating in live racing at an association. To ensure the uninterrupted, orderly conduct of racing in this state, the Commission shall recognize one organization to represent horse owners and trainers on matters relating to the conduct of live racing and simulcasting at Texas racetracks.(b) Recognition Process. (1) To request Commission recognition as a horsemen's representative organization, the organization must file a written request for recognition on a form prescribed by the executive secretary. The executive secretary shall establish a deadline for filing a request under this paragraph and publish that deadline in the Texas Register at least 20 days before the deadline.(2) To be eligible for recognition as a horsemen's representative organization, each officer and director of the organization during the term of the recognition must be licensed by the Commission as an owner or trainer.(3) If only one organization requests recognition, the executive secretary shall issue a letter of recognition to the organization, subject to the approval of the Commission. If more than one organization requests recognition, the Commission shall recognize the organization that is best qualified to represent the horse owners and trainers for the various breeds participating in racing at all the racetracks in this state. The executive secretary may require each organization requesting recognition to supply additional information regarding its structure, membership, and programs. The Commission shall consider the following when determining which organization to recognize under this section: (A) the experience and qualifications of the directors, executive officers, and other management personnel of the organization;(B) the organization's benevolence programs for its membership and others participating in racing in this state; and(C) the degree to which the organization's membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state.(4) Recognition given under this section is valid for two years.(c) Authority and Responsibilities. (1) An organization recognized under this section shall negotiate with each association regarding the association's live racing program, including but not limited to the allocation of purse money to various live races, the exporting of simulcast signals, and the importing of simulcast signals during live race meetings.(2) An organization recognized under this section may inspect and audit an association's horsemen's purse accounts.(3) An organization recognized under this section shall provide to the Commission on request a copy of the organization's most recent financial statements, minutes of board meetings, literature provided to its members, and any other records or information relating to the functions of the organization at Texas racetracks.(4) An organization recognized under this section may not counsel or encourage its members to strike, embargo, boycott or employ similar tactics in dealing with an association.(5) Not later than June 15 of each year, an organization recognized under this section shall submit to the Commission audited financial statements regarding its operations. The executive secretary may prescribe the form for the financial statements.(6) The Commission may require or conduct an audit of the records of an organization recognized under this section to ensure the organization is complying with applicable law.16 Tex. Admin. Code § 309.299
The provisions of this §309.299 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective January 7, 2001, 26 TexReg 192; amended by Texas Register, Volume 39, Number 38, September 19, 2014, TexReg 7574, eff. 9/28/2014; Amended by Texas Register, Volume 41, Number 10, March 4, 2016, TexReg 1685, eff. 3/13/2016