(a) The surface of the racetrack, including the cushion, subsurface, and base, must be constructed of materials and to a depth that adequately provides for the safety of the jockeys and the horses.
(b) The elevation and surface must be approved by the executive secretary before the first race.
(c) The elevation and surface are subject to periodic inspection. The executive secretary may develop a schedule for the periodic inspection of all the racetrack surfaces.
(d) If an inspection reveals that the elevation or surface is not in compliance with the Rules or is not safe for racing, the executive secretary shall notify the association of the deficiencies and the recommended remedy. The association may not use the racetrack for live racing until the executive secretary has determined that the elevation and surface complies with the Rules and are safe for racing.

Source Note: The provisions of this §309.204 adopted to be effective October 21, 1999, 24 TexReg 8969