Texas Attorney General Opinion: JM-1102 Page: 1 of 10
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THE ATTORNEY GENERAL
OF TEXAS
Jnz MATTIrOX September 25, 1989
ATTORNEY GENERAL
Mr. Hilary B. Doran, Jr. Opinion No. JM-1102
Chairman
Texas Racing Commission Re: Whether the Texas Racing
P. O. Box 12080 Commission may adopt rules
Austin, Texas 78711 regarding the regulating of
simulcasting (RQ-1645)
Dear Mr. Doran:
Article 179e, V.T.C.S., the Texas Racing Act, created
the Texas Racing Commission [hereinafter the commission],
id. at 2.01, and conferred on it broad rulemaking
authority governing horse racing and greyhound racing.1 You
ask about the scope of that authority, specifically whether
the commission may promulgate rules regulating "simul-
casting" of race events.
You inform us that "simulcasting" is the transmission,
by electronic means, of a race track event that is conducted
at one racetrack and displayed at another location, in this
instance, another licensed racetrack. Under such a system,
I. Section 3.02 of the act confers broad authority
regarding regulation and supervision of races involving
wagering and provides:
In accordance with section 3.01 of this
Act, the commission shall regulate and super-
vise every race meeting involving wagering on
the result of greyhound or horse racing. All
persons and things relating to the operation
of those meetings are subject to regulation
and supervision. The commission shall adopt
rules for conducting racing involving wager-
ing and shall adopt other rules to administer
this Act that are consistent with this Act.
(Emphasis added.)
In addition, the act explicitly confers rulemaking authority
on the commission in over twenty specific instances.p. 5774
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1102, text, September 25, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273540/m1/1/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.