16 Tex. Admin. Code § 303.93 - Quarter Horse Rules
(a)
Definitions. The following words and terms, when used in this section, shall
have the following meanings, unless the context indicates otherwise.
(1) AQHA--American Quarter Horse
Association.
(2) ATB horse--A horse
accredited by the TQHA as a Texas-bred quarter horse.
(3) ATB broodmare--A mare accredited by the
TQHA as breeding stock for participation in the Texas Bred Incentive Program
for quarter horses.
(4) ATB
stallion--A stallion accredited by the TQHA as breeding stock for participation
in the Texas Bred Incentive Program for quarter horses.
(5) Breeder--A person who is, at the time of
conception, the owner of record of an ATB broodmare that foals an ATB
horse.
(6) Owner--A person who is
the owner of record of an ATB horse at the time of a race.
(7) Stallion Owner--A person who is, at the
time of conception, the owner of record of an ATB stallion that sired an ATB
horse.
(8) TQHA--Texas Quarter
Horse Association.
(b)
Eligibility for Accreditation.
(1) ATB
Horses. A horse may be accredited as an ATB horse if the horse was foaled in
Texas from an ATB broodmare and is bred to an ATB stallion at least every other
breeding. TQHA may require documentation regarding breeding activity to prove
eligibility for accreditation.
(2)
ATB Broodmares.
(A) A mare may be accredited
as an ATB broodmare if the mare is registered with the AQHA or the Jockey Club
and is accredited by the TQHA as breeding stock.
(B) An application for accreditation must be
on a form prescribed by TQHA and include the applicable one-time payment as
prescribed by TQHA. The deadline for filing an application for accreditation is
June 30 of the year in which an ATB eligible foal is conceived. TQHA may
accredit a broodmare for which the application for accreditation is filed after
June 30 but no later than December 31 of the year in which an ATB eligible foal
is conceived, provided the application includes payment of a late fee as
established by TQHA. An application for accreditation is considered timely
filed if it is placed in U.S. mail and is postmarked on or before the
applicable deadline.
(C) TQHA may
accredit a broodmare for which an application is filed after December 31 of the
year in which an ATB eligible foal is conceived; however, the breeder of that
foal is not eligible to receive breeder awards for that foal.
(3) ATB Stallions.
(A) A stallion may be accredited as an ATB
stallion if the stallion is permanently domiciled in Texas, is registered with
the AQHA or the Jockey Club, and is accredited by the TQHA as breeding
stock.
(B) An application for
accreditation must be on a form prescribed by TQHA and include the applicable
payment as prescribed by TQHA. The deadline for filing an application for
accreditation is April 15 of the year in which an ATB eligible foal is
conceived. TQHA may accredit a stallion for which the application for
accreditation is filed after April 15 but no later than December 31 of the year
in which an ATB eligible foal is conceived, provided the application includes
payment of a late fee as established by TQHA. An application for accreditation
is considered timely filed if it is placed in U.S. mail and is postmarked on or
before the applicable deadline.
(C)
A stallion may not be accredited for a particular foal unless all foals
conceived in that year, other than foals conceived by a shipped semen process,
were conceived in Texas. TQHA may require a report of mares bred to be
submitted to verify eligibility for accreditation. A stallion may leave Texas
for medical or racing purposes without losing its accreditation provided the
stallion returns to Texas each year before January 1.
(c) Accreditation requirements for
multiple foals.
(1) Subject to the other
provisions of this subsection, multiple foals conceived in the same year by a
single ATB broodmare are eligible for accreditation provided the mare was bred
to an ATB stallion at least every other breeding and all other requirements for
accreditation are satisfied.
(2) If
the multiple foals are the result of a transferred embryo or oocyte process
conceived in a single breeding, all foals sired by an ATB stallion are eligible
for accreditation. If the foals were sired by a non-ATB stallion:
(A) only one of the foals sired by a non-ATB
stallion may be accredited; and
(B)
the owner of the ATB broodmare at the time of conception must select which foal
is to be accredited, must notify the TQHA of the selection, and is considered
the breeder for purposes of breeder awards.
(3) An ATB broodmare that produces multiple
foals in a single year using the transferred embryo or oocyte process must
submit to TQHA an Embryo/Oocyte Transfer Report. The report must be submitted
on or before December 31 of the year of conception.
(d) Accreditation requirements for foals
produced from frozen semen.
(1) A foal
produced from frozen semen is eligible for accreditation provided all other
requirements for accreditation are satisfied.
(2) A stallion for which frozen semen is to
be used must have satisfied all requirements for accreditation and be
permanently domiciled in Texas during the year of conception. For frozen semen
to be used after a stallion's death, the stallion must, at the time of the
stallion's death, have satisfied all requirements for accreditation and been
permanently domiciled in Texas.
(3)
In a single year, frozen semen may not be used in more than one
jurisdiction.
(e)
Organizational Structure.
(1) The TQHA shall
maintain all ownership records for the Accredited Texas Bred Quarter Horse
program. TQHA shall comply with all sections of the Act, including but not
limited to §§2028.101-.107 and 2030.001-.004, Tex. Occ. Code. TQHA
shall comply with the rules promulgated by the Commission, including but not
limited to §§
RSA
303.81-
RSA
303.85 of this title (relating to General
Provisions.)
(2) The Board of
Directors of TQHA shall have managerial control over the activities of the
breed registry as to the operation and performance of the ATB program. The
Board of Directors may delegate such authority to a committee. The Board of
Directors shall establish budgeting and other procedures to ensure that the
TQHA is in substantial compliance with the Act and the rules of the Commission
and shall be subject to audit or inspection by the Commission. The Board of
Directors shall reasonably interpret the definitions and standards of this
section and decision by that body or its delegate shall be final.
(3) The TQHA shall develop a system of
accounting for the ATB funds that accrue prior to payment. In no event may
funds that are dedicated by law to the incentive awards program be used for any
other purpose.
(4) Eligibility for
ATB awards may not be conditioned upon membership in any
organization.
(f)
Procedure for the Payment of ATB Awards.
(1)
The Commission shall forward monthly to the TQHA the total amount of Texas bred
funds due to the TQHA pursuant to the Act and the rules of the
Commission.
(2) Conditions for
payment of ATB awards.
(A) Payment of ATB
awards is conditional upon proper accreditation of horses and current ownership
records as evidenced by TQHA and AQHA ownership records. In the event a horse
owner, breeder or stallion owner is not listed on both registries, the payment
of ATB awards may be withheld until such registration is completed in
compliance with this section.
(B)
Leased horses must have an AQHA lease form on file with the TQHA prior to
receiving any ATB awards on that horse.
(C) A breeder is eligible to receive breeder
awards for an ATB horse only if the ATB broodmare was accredited in accordance
with subsection (b)(2)(B) of this section. A stallion owner is eligible to
receive stallion awards for an ATB horse only if the ATB stallion was
accredited in accordance with subsection (b)(3)(B) of this section and the
owner paid the stallion participation fee established by TQHA for the year in
which the ATB horse was conceived.
(D) Accreditation fees are refundable only in
the event they were submitted on an ineligible horse or if they were
duplicated.
(E) ATB horses that are
registered as racing stock must be accredited also as either an ATB broodmare
or ATB stallion to receive breeder or stallion awards from subsequent
foals.
(3) Procedures
for Payment of Awards. Any accredited Texas-bred quarter horse that finishes
first, second, or third in a pari-mutuel horse race in Texas (except stakes
race restricted to Texas-breds) shall be entitled to receive an incentive
award, as herein set forth.
(A) Upon the
completion of a racing period not to exceed five racing days, all associations
currently conducting quarter horse racing shall forward to the TQHA offices via
telecopy or other electronic means a copy of the official results from that
period of racing. The official results shall include the date, race number,
race conditions, name of each horse in the race, official order of finish, the
owner of record, and purse earned from the purse amount.
(B) TQHA will verify the ownership,
registration, and eligibility of all horses that finish first, second, or third
in a race at the association during the time period.
(C) The Act provides that the funds that are
accrued to the awards fund will be paid 40% to owners, 40% to breeders, and 20%
to stallion owners. Also, 1.0% of all multiple two and multiple three wagers
are to be paid to the Texas-bred program and are to be paid as
awards.
(D) TQHA shall maintain
records of all ATB racing stock that earn awards. At the completion of a race
meeting, TQHA will begin the process to generate awards checks for the owners,
breeders, and stallion owners corresponding to those ATB racing stock by
apportionment according to the percentages expressed in subparagraph (C) of
this paragraph. The awards for each race shall be divided 50% to first place,
30% to second place, and 20% to third place. Upon receipt of the ATB funds from
the commission for the race meeting, TQHA shall disburse the awards by U.S.
mail.
Notes
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