(a) General Provisions. A license holder who requests Commission approval to transfer a pecuniary interest in a racetrack license must submit with the request a fee in an amount set by the Commission.
(b) Fees.
  (1) The request fee is composed of a variable processing charge and investigation charge. The processing charge is the amount needed by the Commission to cover the administrative costs of processing the request. The investigation charge is the amount needed by the Commission to cover the costs incurred by the Department of Public Safety and Commission staff for conducting the background investigation on the proposed transferee. A license holder must pay all charges contemporaneously with filing the request. The Commission will take no action on a request under this section unless the requestor submits the total amount of the request fee with the request. The Commission shall hold the request fee in the state treasury in a suspense account. The Commission may transfer the processing funds due to the Commission to the Texas Racing Commission Fund as costs are incurred. If the actual costs to the Commission of processing the request or conducting the investigation exceed the amount deposited for the applicable charge, the requestor shall pay the remaining amount not later than 10 business days after receipt of a bill from the Commission. If the costs of processing the request or conducting the investigation are less than the amount of the charge, the Commission shall refund the excess not later than 10 business days after the Commission's decision on the request becomes final.
  (2) The fees for a request for Commission approval to approve a transfer of pecuniary interests in a racetrack license that effects a change in the controlling interest of that license are as follows:
    (A) The amount to be deposited for the processing charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $50,000;
      (ii) for a Class 2 racetrack, $25,000;
      (iii) for a Class 3 racetrack, $10,000; and
      (iv) for a Class 4 racetrack, $2,500.
    (B) The amount to be deposited for the investigation charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $25,000;
      (ii) for a Class 2 racetrack, $10,000;
      (iii) for a Class 3 racetrack, $1,500; and
      (iv) for a Class 4 racetrack, $1,000.
    (C) The amount to be deposited for the processing charge for a greyhound racetrack request is $50,000.
    (D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $25,000.
  (3) The fees for a request for Commission approval to approve a transfer of pecuniary interests of 5.0% or more in a racetrack license, but that does not effect a change in the controlling interest of that license, are as follows:
    (A) The amount to be deposited for the processing charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $500;
      (ii) for a Class 2 racetrack, $250;
      (iii) for a Class 3 racetrack, $100; and
      (iv) for a Class 4 racetrack, $50.
    (B) For each proposed transfer of pecuniary interests of 5.0% or more, the amount to be deposited for the investigation charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $1,000;
      (ii) for a Class 2 racetrack, $500;
      (iii) for a Class 3 racetrack, $250; and
      (iv) for a Class 4 racetrack, $125.
    (C) The amount to be deposited for the processing charge for a greyhound racetrack request is $500.
    (D) The amount to be deposited for the investigation charge for a greyhound racetrack license request is $1,000.
  (4) The fees for a request for Commission approval to approve a transfer of pecuniary interests of more than 1.0% and less than 5.0% in a racetrack license and that does not effect a change in the controlling interest of that license are as follows:
    (A) The amount to be deposited for the processing charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $100;
      (ii) for a Class 2 racetrack, $100;
      (iii) for a Class 3 racetrack, $50; and
      (iv) for a Class 4 racetrack, $25.
    (B) For each proposed transfer of pecuniary interests of more than 1.0% and less than 5.0%, the amount to be deposited for the investigation charge for a horse racetrack request is:
      (i) for a Class 1 racetrack, $500;
      (ii) for a Class 2 racetrack, $250;
      (iii) for a Class 3 racetrack, $125; and
      (iv) for a Class 4 racetrack, $50.
    (C) The amount to be deposited for the processing charge for a greyhound racetrack request is $100.
    (D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $500.
  (5) The fees for a request for Commission approval to approve a transfer of pecuniary interests of 1.0% or less in a racetrack license and that does not effect a change in the controlling interest of that license are as follows:
    (A) The amount to be deposited for the processing charge for a horse racetrack request is $25.
    (B) For each proposed transfer of pecuniary interests of 1.0% or less, the amount to be deposited for the investigation charge for a horse racetrack request is $50.
    (C) The amount to be deposited for the processing charge for a greyhound racetrack request is $25.
    (D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $50.

Source Note: The provisions of this §309.11 adopted to be effective July 14, 2009, 34 TexReg 4633