(a) An association shall conduct charity days as required by the Act. A greyhound association shall conduct at least five charity race days each year. A Class 1 or Class 2 horse racetrack shall conduct at least two and not more than five charity race days each year.
(b) An association shall apply to the commission not later than July 1 of each year for charity race dates to be conducted in the next calendar year. The application must be in writing and contain:
  (1) the name of the charity;
  (2) the name and address of each individual who serves as an officer or director of the charity or who owns an interest in the charity of 5% or more;
  (3) a brief description of the activities or purposes of the charity; and
  (4) a copy of an Internal Revenue Service letter of determination that qualifies the charity as an exempt organization for purposes of federal income tax.
(c) An association shall pay to the charity at least 2% of the total pari-mutuel handle generated at the association’s racetrack on live races and imported simulcast races on the charity race day.
(d) One of the charity days must be conducted for a charity that directly benefits the persons who work in the stable or kennel area of the racetrack. At least one of the charity days shall be open to any charity that meets the requirements of subsection (b)(1) - (4) above.

Source Note: The provisions of this §303.42 adopted to be effective August 30, 1989, 14 TexReg 4117; amended to be effective January 2, 1992, 16 TexReg 7478; amended to be effective January 1, 1998, 22 TexReg 12046; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective September 28, 2014, 39 TexReg 7573; amended to be effective March 13, 2016, 41 TexReg 1684; amended to be effective July 1, 2022, 47 TexReg 3682