(a) Class 1 and Class 2 Racetracks. A Class 1 or Class 2 racetrack may offer pari-mutuel wagering on a race simulcast from another jurisdiction, subject to the approval of the executive secretary, provided the Class 1 or Class 2 racetrack also offers all available simulcast races originating in Texas on that day.     
      (b) Class 3 and Class 4 Racetracks. A Class 3 or Class 4 racetrack may conduct pari-mutuel wagering on a race simulcast from another jurisdiction, subject to the approval of the executive secretary, provided the Class 3 or Class 4 racetrack:      
        (1) also offers all available simulcast races originating in Texas on that day;       
        (2) is owned or managed by an entity that has at least three years experience operating a pari-mutuel racetrack in Texas;       
        (3) demonstrates to the Commission's satisfaction that the simulcasting is necessary to provide sufficient purses to support the Texas live racing industry;       
        (4) demonstrates to the Commission's satisfaction that the live racing program offered at the racetrack provides significant support to the Texas horse breeding industry; and       
        (5) demonstrates to the Commission any effect simulcasting may have on each Class 1, Class 2, or greyhound racetrack located within 100 miles of the Class 3 or Class 4 racetrack.       
     Source Note:        The provisions of this §321.507 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective July 17, 2001, 26 TexReg 5237