(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.   (1) Association--A person licensed by the commission to conduct a horse race meeting or a greyhound race meeting with pari-mutuel wagering or the authorized agent of such an association.     (A) Receiving association--An association in this state that has been allocated live and simulcast race dates, or a facility not located in this state that is authorized to conduct wagering under the law of the jurisdiction in which it is located.     (B) Sending association--An association in this state or out-of-state from which a race is transmitted.   (2) Cancelled ticket--A pari-mutuel wagering ticket that has been withdrawn from the pari-mutuel pool and is no longer valid.   (3) Commission--The Texas Racing Commission or an authorized agent of the Texas Racing Commission.   (4) Common pool--A pool in which the wagers received at a receiving location are combined with the wagers received at a sending racetrack.   (5) Communications facilities--Facilities which include all wire, radio, optical, satellite, or other electromagnetic systems and the modems, phone systems, and other equipment used to transmit voice, data, and images.   (6) Comptroller--The Comptroller of Public Accounts or an authorized agent of the Comptroller of Public Accounts.   (7) Cross-species simulcast pool--The total amount of money wagered by patrons on the result of a simulcast of a horse race at a greyhound racetrack or a simulcast of a greyhound race at a horse racetrack.   (8) Handle--The total amount of money wagered at a racetrack during a particular period.   (9) Live pari-mutuel pool--The total amount of money wagered by patrons on the result of a particular live race or combination of live races within the enclosure of the racetrack association where the race is run.   (10) Multiple leg pari-mutuel pool--A wagering pool that involves more than one race.   (11) Pari-mutuel pool--The total amount of money wagered by patrons on the result of a particular race or combination of races, the total being divided into separate mutuel pools for win, place, show, or combinations.   (12) Performance--The schedule of horse or greyhound races run consecutively as one program.   (13) Racetrack--A facility at which horse or greyhound racing is conducted.   (14) Refunded ticket--A pari-mutuel ticket that has been refunded for the value of the wager that is no longer valid.   (15) Same species simulcast pool--The total amount of money wagered by patrons on the result of a simulcast of a horse race at a horse racetrack or a simulcast of a greyhound race at a greyhound racetrack.   (16) Simulcast--The telecast or other transmission of live audio and visual signals of a race, transmitted from a sending racetrack to a receiving location, for the purpose of wagering conducted on the race at the receiving location.   (17) Simulcast pari-mutuel pool--The total amount of money wagered by patrons at a licensed racetrack association in Texas on the result of a particular simulcast race or combination of simulcast races.   (18) State's share--The state's portion due on wagers.   (19) Totalisator company--A company selling, leasing, servicing, maintaining, or operating automated electronic computer hardware and software to calculate, record, display, and store pari-mutuel wagering information.   (20) Totalisator system--A computer system that registers and computes the wagering and payoffs for pari-mutuel wagering. (b) Collection and remittance of the state's share from live and simulcast pari-mutuel pools; reports to the comptroller.   (1) Unless otherwise stated, each association shall report and remit the state's share from the following pari-mutuel pools wagered at the association's facility:     (A) live pari-mutuel pools;     (B) same species simulcast pools; and     (C) cross-species simulcast pools.   (2) In the event a Texas association creates a multi-leg pari-mutuel pool which includes one or more live races at the Texas association with one or more simulcast races from another association, the state's share for this entire pool shall be calculated under the provisions of a simulcast pool.   (3) After each racing day, a representative of the association shall remit to the comptroller by the end of the next banking day the state's total share from the live and simulcast pari-mutuel pools for all races on which wagers were placed.   (4) Upon remitting the state's share of the pari-mutuel pools to the comptroller, the association shall report by telephone to a data collection center designated by the comptroller the information shown on a pari-mutuel wagering deposit report form promulgated by the comptroller. The association shall also transmit a copy of the completed form to the comptroller by telephone line and by electronic transmission or by high-resolution facsimile equipment.   (5) After each performance, information shall be reported to the comptroller.     (A) Live pari-mutuel pools. For each performance, the association shall complete the Texas Pari-Mutuel Performance Summary Report. This report shall be filed for each racing date authorized by the commission, even if no races are held.     (B) Same species simulcast pools. For each performance, if the association is receiving same species races, the pari-mutuel pools derived from these races shall be reported on the Texas Pari-Mutuel Performance Summary Report and the Texas Pari-Mutuel Performance Supplemental Report for Same Species Simulcast.     (C) Cross-species simulcast pools. For each performance, if the association is receiving cross-species races, the pari-mutuel pools derived from these races shall be reported on the Texas Pari-Mutuel Performance Summary Report and the Texas Pari-Mutuel Performance Supplemental Report for Cross-Species Simulcast.   (6) The association shall transmit a copy of the completed reports to the comptroller by electronic transmission or by facsimile equipment no later than the end of the next banking day following the performance. If problems exist in electronic or in telephone transmission or there is other breakdown in the facsimile equipment or electronic transmission, and copies of the reports cannot be transmitted, then associations shall notify the comptroller by telephone of such problems and discuss alternative reporting procedures.   (7) Originals of the reports that are transmitted to the comptroller by electronic transmission or by facsimile equipment shall be preserved in chronological order with other association records. These reports shall be available and furnished to the comptroller upon request. (c) Associations with pari-mutuel wagering to post bond or other security.   (1) Associations shall be responsible for the state's share of the pari-mutuel pool from the time a ticket is sold and the money is collected until the money is remitted to the state.   (2) All associations shall be bonded or otherwise secured in an amount estimated by the comptroller to be four times the average daily state's share of the pari-mutuel pool. The bond will cover the state's share of the pari-mutuel pool.   (3) The bond or other security shall be approved by and filed with the comptroller.     (A) The comptroller may require that new or additional bond or security be posted if:       (i) the comptroller determines that the amount of bond or other security deposited is inadequate; or       (ii) the comptroller determines that an association is delinquent in payment of an amount due; or       (iii) a surety gives the comptroller written notice of its intent to withdraw as surety.     (B) If the amount of security posted is determined to be in excess of requirements, the comptroller shall allow as much of the bond or security as is determined to be in excess of requirements to be cancelled or withdrawn.     (C) If the comptroller determines either that the security posted is inadequate or that it is in excess of requirements, the association shall receive written notice.     (D) If new or additional bond or other security is required, the association shall furnish it within the time specified by the notice.   (4) The comptroller shall accept as security: cash, cashiers checks, surety bonds, irrevocable bank letters of credit, United States Treasury bonds that are readily convertible to cash, and irrevocable assignments (on forms approved by the comptroller) of federally insured accounts in banks, savings and loan institutions, and credit unions. The comptroller will not accept corporate stocks and bonds or personal guarantees as security.   (5) All surety bonds posted must be executed and issued by a surety company authorized to do business in the State of Texas on a form approved by the comptroller. The surety bond must be signed by an attorney-in-fact appointed by the surety, and a notarized copy of the appointment shall be attached.   (6) A bond or other security must be in effect at all times while an association is conducting pari-mutuel wagering. The comptroller shall release the bond or other security upon determination that:     (A) there is no payment, penalty, or interest due and payable to the State of Texas;     (B) the association has ceased to conduct pari-mutuel wagering; and     (C) its license has been revoked or relinquished and will not be renewed. (d) Association responsibilities and totalisator system requirements.   (1) Each association shall conduct pari-mutuel wagering in accordance with the Texas Racing Act, the Texas Racing Commission Rules and the Comptroller of Public Accounts Rule.   (2) Each association licensed for pari-mutuel wagering shall use totalisator equipment and software that satisfies the recordkeeping and reporting requirements of the comptroller and commission.   (3) A totalisator company is subject to inspection and regulation by the comptroller to insure the integrity of the information obtained by use of its software and equipment. The comptroller may test or have tested the totalisator equipment or software and communications facilities.   (4) The totalisator system must restrict access to cash/sell terminals through assigned user passwords to facilitate cashier accountability.   (5) Cancelled tickets or refunded tickets must be preserved and furnished to the comptroller upon request.   (6) The totalisator system must be able to produce reports identifying all reader and keyboard cancelled or refunded tickets, upon request of the comptroller. The reports must contain the number of the ticket issuing machine where it was cancelled or refunded, the ticket identification number, performance date, performance number, and the ticket amount that was cancelled or refunded. If these tickets are not provided, the association will be responsible for reimbursing the state for any money the state would have received had the ticket not been cashed. (e) Audit; appeal of audit findings.   (1) The comptroller may act at the comptroller's sole discretion to verify information reported by the association using any commonly accepted auditing method, including, but not limited to, any auditing method used by the comptroller to verify information and reports filed pursuant to the Tax Code.   (2) All computer tapes, computer programs, and books and records used to record, display, calculate or report the state's share shall be maintained by the association or the totalisator company.   (3) The computer tapes, computer programs, books, and records used to record, display, calculate, or report the state's share shall be retained at least four years unless the comptroller gives written authority for earlier disposal. Any record relating to a comptroller audit that is still open or which has been challenged by the association shall be kept until the audit is final and all disputed issues are finally resolved.   (4) An association may dispute any audit findings of the comptroller through the same procedures available to dispute audit findings under Tax Code, Title 2. (f) Sanctions.   (1) The comptroller will certify to the commission as soon as practicable the violation by the association or its agents of a rule promulgated by the comptroller; the failure or refusal of an association to pay all or any part of funds due the state or to file reports when due; the failure or refusal of an association to allow inspection of reports and records; the failure or refusal of an association to allow testing of the totalisator system or the communications facilities; the failure or refusal of an association to post bond in the amount required; or the failure or refusal of an association to keep and retain the records required by the comptroller.   (2) If any payment to the state is due, the comptroller shall notify the association and its sureties by a written demand for payment. If payment is demanded and is not made by the date specified in the demand notice, the comptroller will forfeit as much of the bond or security then in effect as may be necessary to pay the proper amount due.   (3) The comptroller may take collection or enforcement actions authorized by the Tax Code and the Texas Racing Act.   (4) An association may pursue administrative appeals as authorized by the Texas Racing Act.

Source Note: The provisions of this §3.641 adopted to be effective December 4, 2003, 28 TexReg 10776; amended to be effective May 25, 2009, 34 TexReg 3263