Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989 Page: 4,457
4431-4491 p. ; 28 cm.View a full description of this periodical.
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copy of these transactions for each sell/cash
terminal must be generated if requested by
the Comptroller.
(E) The totalisator systman
must restrict access to sell/cash terminals
through assigned user passwords to facili-
tate cashier accountability.
(F) All ticket that were ei-
ther manually refunded or cancelled must
be preserved for audit inspection with infor-
mation identifying the number of the win-
dow or machine where it was paid, the
teller that cashed it, and whether it was
cashed by the totalisator system or by man-
ual override of the totalisator system. If
these tickets are not present and this infor-
mation is not provided during the audit, the
association will be responsible for reim-
bursing the state for any money it would
have received had the ticket not been
cashed.
(O) A waiver may be granted
from these requirements for totalisator sys-
tems temporarily installed at Class 3 tracks
upon a showing to the Comptroller's satis-
faction that unnecessary expense would be
incurred in complying with the require-
ments and that the system can be made to
function properly without meeting these re-
quirements.
(2) 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 a ciation shall be
held accountable for . ty loss of state
money due to totalisator company error.
(3) The Comptroller must be no-
tified 30 days in advance of any change,
enhancement, or upgrade in the computer
hardware or software that affects the calcu-
lation of the pari-mutuel tax or information
referenced in subsection i(d)(8). The total-
isator company shall furnish such informa-
tion as the Comptroller may request
regarding such changes.
(4) The Comptroller may, at any
time, inspect or have inspected totalisator
company equipment and software which is
or which has been on location at a Texas
association. The association and the total-
isator company shall permit such inspection
without prior notice.
(5) Totalisator equipment must
be installed on-site and a series of system
checkout programs designated by the
Comptroller must be executed by the total-
isator company. At Class 1, Class 2, and
greyhound tracks this shall occur at least 48
hours before the start of each racing meet-
ing. No changes shall be made in the pro-
gramming after the tests are completed
without the permission of the Comptroller.
(6) Any malfunction of equip-
ment hardware or software which results inloss or delay of required report data and any
processor down time, regardless of whether
it results in loss or delay of required report
data, shall immediately be reported to the
Comptroller when the Performance Pari-
Mutuel Summary Report form is filed.
(7) In addition, a separate writ-
ten report shall be filed with the Comp-
troller within seven days after the
malfunction occurs containing a full and
complete sworn statement from an autho-
rized association official which identifies
the cause of malfunction and the data, if
any, lost as a result
(8) A totalisator system must be
able to produce and provide to the Comp-
troller upon request:
(A) in a format prescribed by
the Comptroller, a copy of the data neces-
sary to recreate the wagering activity of any
race performance that the Comptroller may
wish to review;
(B) a copy of the system log
in a format prescribed by the Comptroller;
(C) a copy of the compiled
version of all system programs (object cod-
ing) in a format prescribed by the Comp-
troller; and
(D) other computer files as
specified by the Comptroller.
(e) Audit; appeal of audit findings.
(1) Within 150 days after the
close of each meet, each Class 1, Class 2, or
greyhound association, shall have a full fi-
nancial audit performed at its expense by an
independent certified public accountant li-
censed by the State of Texas and a copy
shall be kept on file at the association and
furnished to the Comptroller on request.
(2) The Comptroller may audit
to verify information reported by the associ-
ation using any commonly accepted audit-
ing method, including but not limited to,
any auditing method used by the Comp-
troller to verify information and reports
filed pursuant to the Tax Code.
(3) All computer tapes, com-
puter programs, and books and records used
to record, display, calculate, or report funds
due the state maintained by the association
or the totalisator company shall be stored in
chronological order in a disaster-proof envi-
ronment to insure the integrity of the data
and made available for inspection in a for-
mat compatible with the Comptroller's
equipment at any time without advance no-
tice. Class 1, Class 2, and greyhound asso-
ciations shall maintain their records at an
association office at the track. Class 3
tracks shall preserve the originals of these
records at association offices located at the
track or at such other location as may be
agreed to in writing by the Comptroller.(4) The said records shall be
kept at least four years unless the Comp-
troller gives written authority for earlier
disposal. Any record relating to a Comp
troller audit that is still open or which has
bean challenged by the association shall be
kept until the audit is final and al disputed
issues are finally resolved.
(5) An association may dispute
any audit findings of the Comptroller
through the sane procedures available o
dispute audit findings under the Tax Code.
Such procedures are hereby adopted by ref-
erace in this section.
(f) Sanctions.
(1) The Comptroller will imme-
diately certify to the commission the viola-
tion by the association or its agents of a
section 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 re-
ports, records, or computer equipment or
software, or the failure or refusal of an
association to post bond in the amount re-
quired; or the failure or refusal of an associ-
ation to keep and retain the records required
by the Comptroller.
(2) If any payma the state is
due, the Comptroller will also notify the
association and its sureties by a written
demand for payment. If payment is de-
manded and is not made by the date speci-
fled 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) Concurrently, the Comp-
troller will pursue the additional remedies
authorized by law.
This agency hereby certfies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt
issued in Austin, Texas on August 24, 1989.TRD-890T/83
Bob Bulloc
Comptroller of Public
AccountsProposed date of adoption: October 2, 1989
For further information, please call: (512)
4634004
TITLE 37. PUBLIC
SAFETY AND
CORRECTIONS
Part I. Texas Department
of Public Safety
Chapter 13. Controlled
Substances Regulations
* 37 TAC 13.1-13.5, 13.7-13.9,
13.12-13.14, 13.16, 13.17, 13. 24,* Proposed Sections September 1, 1989 14 TexReg 4457
. Proposed Sections
September 1, 1989 14 TexReg 4457
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Texas. Secretary of State. Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989, periodical, September 1, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216053/m1/27/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.