16 Tex. Admin. Code § 311.101 - Horse Owners
(a) General
Provisions.
(1) The owner of a horse, as
listed on the animal's registration paper, must obtain an owner's license from
the Commission. Except as otherwise provided by §
313.301(a)(2) of
this title (relating to Officials and Rules of Horse Racing), a person may not
be licensed as an owner if the person is not the owner of record of a properly
registered horse that the person intends to race in Texas. A person who meets
the qualifications for a trainer's or assistant trainer's license may also be
licensed as an owner if the person intends to be the owner of record of a
properly registered horse during the time of licensure. Except as otherwise
provided by this subsection, the owner or designated trainer acting on behalf
of the owner, must be licensed before making a request to enter a horse
eligible under 16 TAC §
313.103.
(2) If the owner is not an individual, each
individual who is a director, officer, or partner of the owner or who has an
ownership interest in the horse of 5.0% or more must be licensed by the
Commission.
(3) If the owner is not
an individual, the owner must provide to the Commission:
(A) a sworn statement by the chief executive
officer of the owner or by one of the partners of the owner that the officer or
partner represents the owner and is responsible for the horse;
(B) a statement that the owner is authorized
by law to do business in Texas; and
(C) a list of the names and addresses of all
individuals having an ownership interest in the horse.
(4) If the owner is not an individual, the
ownership entity must:
(A) designate a
representative; or
(B) file an
authorized agent form with the Commission and pay the prescribed
fee.
(5) If the
registered owner of a horse is a minor, a financial responsibility form
approved by the executive director must be signed by the parent or guardian of
the owner assuming financial responsibility for the debts incurred for the
training and racing of the horse.
(b) Stable Names.
(1) An owner that wants to participate in
racing using a stable name must register with the Commission by filing an
application on a form prescribed by the executive director and paying the
prescribed fee. A person may not use the real name of an owner of a race animal
as a stable name. A stable name which has already been registered with the
Commission may not be registered by another owner.
(2) Registering a stable name with the
Commission does not affect a person's obligation to file or register a
fictitious name as provided by the laws of Texas.
(3) An application to register a stable name
must disclose the real names of all interests participating in the stable and
the percentage of ownership interest of each, including the interest owned by a
corporation, general partnership, limited partnership, trust, estate or
individual.
(4) A stable name may
be changed by registering a new stable name. A stable name may be abandoned by
giving written notice to the Commission. A change of 5.0% or more in ownership
of a stable registered under a stable name shall be immediately reported to the
Commission.
(5) A licensee who has
registered a stable name under this section may not use the licensee's real
name for racing purposes except on approval of the
stewards.
(c) Change of
Ownership.
(1) If the owner of an interest in
a horse housed on an association's grounds transfers that interest to another
person, both parties to the transaction shall give written notice of the
transfer to the stewards officiating for that association. Notice under this
section must be submitted to the appropriate officials not later than 24 hours
after the agreement to transfer the interest is made.
(2) A licensee of the Commission may not
transfer an ownership interest in a horse to avoid disqualification of the
horse.
(d) Change of
Trainer. An owner may change the trainer of his or her horse registered at a
licensed race meeting provided:
(1) the
request to change trainers is submitted for approval to the stewards on a form
provided by the association and approved by the executive director;
(2) the trainer from whom the horse is being
transferred signs the form releasing custody of the horse;
(3) the trainer to whom the horse is being
transferred signs the form accepting responsibility for the horses;
and
(4) the stewards approve the
transfer.
(e)
Owner/Trainer. A person licensed as an owner/trainer who is training horses at
a racetrack may not have any horse owned by the owner/trainer under the care,
custody, or control of another trainer at that racetrack.
(f) Restrictions on Racing. An owner may not
enter a horse or cause a horse to be entered in a race at a racetrack if:
(1) the owner or trainer is employed by the
racetrack association in a management or supervisory position that is capable
of affecting the conduct of races or pari-mutuel wagering at the racetrack;
or
(2) the owner or trainer is
involved in any way with the sale or publication of tip sheets on association
grounds.
Notes
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