(a) The commission shall allocate live race dates, including charity days, to each association for such time periods and at such racing locations as the commission determines in accordance with the Act and this section.     
      (b) Upon its own motion or upon the request of any association, the commission may designate an application period during which the commission shall accept applications for race dates.     
      (c) The commission shall establish the time period or periods for which it will consider granting race dates.     
      (d) Upon designation by the commission of an application period under this section, the executive secretary shall publicize that application period to the  affected greyhound and horse racing associations at least 30 days before the closing date of the period.     
      (e) The application must be on a form prescribed by the commission. After the request is filed, the executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request.     
      (f) In allocating race dates under this section, the commission may consider the following factors and the degree to which the association's proposed race meeting will serve to nurture, promote, develop, or improve the horse or greyhound industry in Texas:      
        (1) the association's current ability to pay all fees and other  amounts owed to the commission, to the state, and to local governments;       
        (2) the association's willingness and ability to comply and past performance in complying with the Rules and the Act;       
        (3) the current condition of the association's racetrack and facilities for patrons, race animals, and occupational licensees;       
        (4) the anticipated effect of the proposed race meeting on the continuity of racing during the year;       
        (5) the live race dates requested by other associations licensed to conduct races for the same species of animal;       
        (6) the anticipated overall economic effect to the state from the race meeting;       
        (7) the  anticipated effect of the race meeting on the greyhound or horse breeding industry in Texas;       
        (8) the anticipated effect of scheduled race meetings in neighboring race states on the proposed race meeting; and       
        (9) the anticipated availability of race animals for the race meetings.       
      (g) The commission shall approve the actual days awarded, and the total number of performances. The commission may require a minimum number of races in a race meet.     
      (h) An association shall conduct pari-mutuel racing on each race date granted under this section, and in accordance with the race date calendar approved by the Commission, unless the association receives the prior approval of the  executive secretary.     
      (i) If circumstances beyond the control of the association prevent the association from conducting a performance, the commission may award a make-up performance.     
      (j) Change in Race Date Allocation.      
        (1) The executive secretary may permit an association to request additional live race dates after its request under this section has been acted on by the commission if the executive secretary determines that:                  (A) the request includes evidence that granting the additional live race dates will enhance the breeding and training industries for horses or greyhounds;                   (B) the association's failure to request the live race dates initially was not due to  the association's neglect; and                   (C) if the request duplicates a request by the association that has already been denied by the commission, changed circumstances exist that necessitate additional consideration by the commission.         
        (2) An association may request a change to the live race dates granted by the commission provided the association obtains the approval of all associations that are affected by the proposed change. This subsection applies to any proposed change to the number or format of live race dates.       
        (3) The executive secretary may approve an association's request to add, delete, or modify live race dates, provided that the request:                  (A) does not add any live race  dates that are more than fourteen calendar days preceding the start of the Commission-approved race meet or more than fourteen days following the end of the Commission-approved race meet;                   (B) is supported in writing by each breed organization affected by the change;                   (C) is supported in writing by each association that is affected by the change; and                   (D) in the case of a horse racing association, is supported in writing by the horsemen's organization.         
        (4) In determining whether to approve a request under this subsection, the executive secretary may consider the effect that approving the request would have on the workload and budget status of the Commission.       
        (5) For purposes of this subsection, an allocation of live race performances may be changed in the same manner as a change in the allocation of live race dates.       
     Source Note:        The provisions of this §303.41 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective November 29, 1990, 15 TexReg 6587; amended to be effective January 2, 1992, 16 TexReg 7478; amended to be effective September 1, 1993, 18 TexReg 5396; amended to be effective October 1, 1996, 21 TexReg 9061; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective May 6, 2004, 29 TexReg 4147; amended to be effective September 2, 2007, 32 TexReg 5367; amended to be effective September 19, 2013, 38 TexReg 6201