(a) When requesting allocation from the account for purses, each association shall also recommend the percentages by which it will divide its share of the horse industry escrow account funds among the various breeds of horses.
(b) The Commission shall determine the amount of the allocation to each racetrack in accordance with the standards set forth in the Act, §§2028.204-.205.
(c) The percentages by which an association will divide the horse industry escrow account revenue among the various breeds of horses is subject to the approval of the Commission. When requesting Commission approval of the percentages, the association shall present in writing studies, statistics, or other documentation to support its proposed division of horse industry escrow account revenue. The Commission may consider the following criteria when evaluating the association's studies, statistics, or other documentation submitted to support its proposed division of horse industry escrow account revenue before granting its approval:
  (1) local public interest in each breed as demonstrated by, but not limited to, the following factors:
    (A) simulcast import handle by breed;
    (B) live handle by breed; and
    (C) live attendance.
  (2) earnings generated by the association from each breed;
  (3) racetrack race date request and opportunities given to each breed;
  (4) statewide need by breed; and
  (5) national public interest in each breed as determined by the live simulcast export handle of each Texas meet.
(d) If the Commission determines that the association's proposed division of the horse industry escrow account revenue is inconsistent with the association's obligation to accord reasonable access to races for all breeds of horses, the Commission may:
  (1) require the association to submit additional information supporting its recommendation for consideration at the next Commission meeting;
  (2) reject the association's recommendation and require the association to submit a new recommendation for consideration at the next Commission meeting; or
  (3) reject the association's recommendation and approve an alternate division of the horse industry escrow account revenue as determined by the Commission.
(e) In lieu of the process outlined in subsections (c) and (d) of this section, a signed agreement between the association and the organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders may be submitted to the Commission for consideration and approval. For the Commission to approve the agreement, the agreement must:
  (1) delineate the percentages by which the horse industry escrow account revenue received by the association will be divided amongst the various breeds of horses; and
  (2) be signed by all organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders.

Source Note: The provisions of this §303.311 adopted to be effective November 19, 2019, 44 TexReg 7041