(a) General Provisions.
  (1) An applicant for a license must submit with the application documents an application or license fee in an amount set by the Commission.
  (2) The application fee for a racetrack license must be in the form of a certified check or cashier's check.
(b) Application Fees.
  (1) The application fee for a racetrack license is composed of a processing charge, a variable investigation charge, and a variable hearing charge. The processing charge is the amount needed by the Commission to cover the administrative costs of processing the application. 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 applicant. The hearing charge is the amount needed by the Commission to pay for the State Office of Administrative Hearings, legal and court reporting services for conducting a hearing on the application. An applicant for a racetrack license must pay all charges contemporaneously with filing the application. The failure to pay the total amount of the application fee may result in the application being summarily denied by the Commission or an administrative law judge. The Commission shall hold the application 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 application is not certified as completed under §309.3(d) of this chapter, the Commission shall return the investigation charge and hearing charge, as well as any part of the processing charge that exceeds the actual administrative costs to the Commission of processing the application. Not later than five business days after the date the Commission order on the application is final and unappealable, the Commission shall transfer the remaining suspense funds due to the Commission to the Texas Racing Commission Fund. If the actual costs to the Commission of processing the application, conducting the investigation or paying for the hearing exceed the amount deposited for the applicable charge, the applicant 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 application, conducting the investigation or paying for the hearing are less than the amount of the charge, the Commission shall refund the excess not later than 10 days after the Commission order on the application is final and unappealable.
  (2) The amount to be deposited for the processing charge for a horse racetrack license application is:
    (A) for a Class 1 racetrack, $150,000;
    (B) for a Class 2 racetrack, $75,000;
    (C) for a Class 3 racetrack, $25,000; and
    (D) for a Class 4 racetrack, $10,000.
  (3) The amount to be deposited for the investigation charge for a horse racetrack license application is:
    (A) for a Class 1 racetrack, $25,000;
    (B) for a Class 2 racetrack, $15,000;
    (C) for a Class 3 racetrack, $1,500; and
    (D) for a Class 4 racetrack, $1,000.
  (4) The amount to be deposited for the hearing charge for a horse racetrack license application is:
    (A) for a Class 1 racetrack, $15,000;
    (B) for a Class 2 racetrack, $8,000;
    (C) for a Class 3 racetrack, $1,500; and
    (D) for a Class 4 racetrack, $1,000.
  (5) The amount to be deposited for the processing charge for a greyhound racetrack license application is $150,000.
  (6) The amount to be deposited for the investigation charge for a greyhound racetrack license application is $25,000.
  (7) The amount to be deposited for the hearing charge for a greyhound racetrack license application is $15,000.

Source Note: The provisions of this §309.7 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 365; amended to be effective December 7, 2008, 33 TexReg 10003