(a) Definitions. In this section:
  (1) "Racetrack construction project" means:
    (A) the construction of a new racetrack facility by an association; or
    (B) the renovation of an existing racetrack facility by an association that affects a specific requirement in the Rules.
  (2) "Construction plan" means architectural drawings, engineering plans, or other documents that describe a proposed racetrack construction project.
(b) Review of construction plan.
  (1) At least 30 days before the date an association proposes to start a racetrack construction project, the association shall submit a construction plan to the executive secretary. The construction plan must be in sufficient detail for the executive secretary to determine whether the proposed project complies with all applicable Commission rules.
  (2) After reviewing the construction plan, if the executive secretary determines the racetrack construction project will comply with the Rules, the executive secretary shall approve the project. If the executive secretary determines the project will not comply with the Rules, the executive secretary shall notify the association in writing and specifically describe the aspect of the project that does not comply. The executive secretary may require an additional 30 days to review the construction plan before notifying the association under this paragraph of his/her determination.
  (3) If the project is not approved, the association may not start construction until the necessary corrections are made to the construction plan for the project to comply with the Rules and the executive secretary has approved the corrections.
(c) Monitoring construction.
  (1) At least monthly during a racetrack construction project, an association shall file a written report with the executive secretary on the progress of the project.
  (2) The executive secretary or his/her designee may periodically inspect the project to ensure ongoing compliance with the Rules.
  (3) An association shall maintain records of the racetrack construction project, including a copy of all change orders made during the project. Records shall be maintained under this paragraph for at least twelve months after the end of the project and are subject to review by the executive secretary at any time.
(d) Changes to construction plan.
  (1) If after construction starts an association changes the construction plan in a manner that affects a requirement in the Rules, the association shall notify the executive secretary in writing. The association shall state the reason for the change.
  (2) After reviewing the change if the executive secretary determines the change complies with the Rules, the executive secretary shall approve the change. If the executive secretary determines the change does not comply with the Rules, the executive secretary shall notify the association in writing and specifically state why the change does not comply.
  (3) If the change is not approved, the association may not continue on any aspect of the project that is affected by the change until the necessary corrections are made and the executive secretary has approved the corrections.
(e) Final approval.
  (1) After a racetrack construction project is complete, the executive secretary or his/her designee shall inspect the newly constructed or renovated portion of the racetrack facility to determine whether the facility complies with the Rules.
  (2) If the executive secretary determines the facility complies with the Rules, the executive secretary shall approve the facility for use. If the executive secretary determines the facility does not comply with the Rules, the executive secretary shall issue a notice of violation to the association. The notice of violation must specify the specific rule violated. The notice of violation must include an order to remedy the violation and state a deadline for the remediation.
  (3) The association may not use the newly constructed or renovated portion of the racetrack facility for racing, training, or wagering purposes until the executive secretary has determined that the facility complies with the Rules.

Source Note: The provisions of this §309.103 adopted to be effective October 21, 1999, 24 TexReg 8967; amended to be effective December 7, 2008, 33 TexReg 10003