Section 309.102 - Exemption or Deferred Compliance(a) An association may request an exemption or deferred compliance from a requirement in Subchapter B, C, or D as provided by this section.(b) An association operating a Class 2, 3 or 4 racetrack may request an exemption or deferred compliance if the association determines that compliance with the requirement is: (1) economically or geographically infeasible; or(2) unnecessary due to new technology or an innovative construction or design of the racetrack.(c) An association operating a Class 1 or greyhound racetrack may request an exemption if the association determines that compliance with the requirement is unnecessary due to new technology or an innovative construction or design of the racetrack.(d) A request for an exemption must be in writing and: (1) state the association's reason for the request; and(2) propose an alternative that substantially satisfies the purpose of the requirement.(e) A request for deferred compliance must be in writing and: (1) state the association's reason for the request;(2) propose an alternative that substantially satisfies the purpose of the requirement until compliance is established; and(3) establish a schedule under which the association will comply with the requirement.(f) The Commission may grant an exemption or defer compliance under this section if the Commission determines: (1) the association's alternative proposal substantially satisfies the purpose of the requirement;(2) the proposed schedule for compliance is reasonable; and(3) the Commission determines the exemption or deferred compliance is in the best interests of the race horses or greyhounds, the racing industry, and the citizens of Texas.16 Tex. Admin. Code § 309.102
The provisions of this §309.102 adopted to be effective October 21, 1999, 24 TexReg 8967; amended to be effective January 8, 2004, 29 TexReg 366