SEC Form 3
FORM 3 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
OMB APPROVAL
OMB Number: 3235-0104
Estimated average burden
hours per response: 0.5
1. Name and Address of Reporting Person*
Ortiz Steven J

(Last) (First) (Middle)
C/O TEXAS ROADHOUSE, INC.
6040 DUTCHMAN'S LANE, SUITE 400

(Street)
LOUISVILLE KY 40205

(City) (State) (Zip)
2. Date of Event Requiring Statement (Month/Day/Year)
10/04/2004
3. Issuer Name and Ticker or Trading Symbol
Texas Roadhouse, Inc. [ TXRH ]
4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director 10% Owner
X Officer (give title below) Other (specify below)
Chief Operating Officer
5. If Amendment, Date of Original Filed (Month/Day/Year)
10/04/2004
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Beneficially Owned
1. Title of Security (Instr. 4) 2. Amount of Securities Beneficially Owned (Instr. 4) 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 4. Nature of Indirect Beneficial Ownership (Instr. 5)
Class A Common Stock 71,084 D
Class A Common Stock 302,201 I By Zitro Partners, Ltd.(1)
Class A Common Stock 1,523 I By TEAS III, Inc.(2)
Class A Common Stock 122,542 I By Ortiz/College Station, Ltd.(3)
Class A Common Stock 99,384 I By Ortiz/Corpus Christi, Ltd.(4)
Class A Common Stock 87,991 I By Ortiz/Houston, Ltd.(5)
Class A Common Stock 89,880 I By Ortiz/Live Oak, Ltd.(6)
Class A Common Stock 72,552 I By Ortiz/Tyler, Ltd.(7)
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 4) 2. Date Exercisable and Expiration Date (Month/Day/Year) 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) 4. Conversion or Exercise Price of Derivative Security 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 6. Nature of Indirect Beneficial Ownership (Instr. 5)
Date Exercisable Expiration Date Title Amount or Number of Shares
Option to Purchase 04/03/2003 04/03/2012 Class A Common Stock 14,250 $6.06 D
Option to Purchase 04/03/2003 04/03/2012 Class A Common Stock 4,767 $6.06 D
Option to Purchase 07/03/2003 07/03/2012 Class A Common Stock 14,182 $6.89 D
Option to Purchase 07/03/2003 07/03/2012 Class A Common Stock 4,621 $6.89 D
Option to Purchase 10/02/2003 10/02/2012 Class A Common Stock 3,933 $7.58 D
Option to Purchase 10/02/2003 10/02/2012 Class A Common Stock 13,894 $7.58 D
Option to Purchase 01/01/2004 01/01/2013 Class A Common Stock 4,726 $7.83 D
Option to Purchase 01/01/2004 01/01/2013 Class A Common Stock 1,834 $7.83 D
Option to Purchase 01/01/2004 01/01/2013 Class A Common Stock 3,800 $7.83 D
Option to Purchase 04/02/2004 04/02/2013 Class A Common Stock 1,900 $8.08 D
Option to Purchase 04/02/2004 04/02/2013 Class A Common Stock 4,592 $8.08 D
Option to Purchase 07/02/2004 07/02/2013 Class A Common Stock 1,493 $8.88 D
Option to Purchase 07/02/2004 07/02/2013 Class A Common Stock 4,584 $8.88 D
Option to Purchase 10/01/2004 10/01/2013 Class A Common Stock 1,284 $9.05 D
Option to Purchase 10/01/2004 10/01/2013 Class A Common Stock 4,441 $9.05 D
Option to Purchase 12/31/2004 12/31/2013 Class A Common Stock 1,549 $9.18 D
Option to Purchase 12/31/2004 12/31/2013 Class A Common Stock 4,244 $9.18 D
Option to Purchase 10/08/2005 10/08/2014 Class A Common Stock 28,500 $17.5 D
Option to Purchase 10/08/2006 10/08/2014 Class A Common Stock 28,500 $17.5 D
Option to Purchase 10/08/2007 10/08/2014 Class A Common Stock 85,500 $17.5 D
Explanation of Responses:
1. The reporting party is the president of the corporate general partner of Zitro Partners, Ltd., a Texas limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
2. The reporting party is the President of TEAS III, Inc., a Kentucky corporation. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
3. The reporting party is the general partner of Ortiz/College Station, Ltd., a Kentucky limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
4. The reporting party is the general partner of Ortiz/Corpus Christi, Ltd., a Kentucky limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
5. The reporting party is the general partner of Ortiz/Houston, Ltd., a Kentucky limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
6. The reporting party is the general partner of Ortiz/Live Oak, Ltd., a Kentucky limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
7. The reporting party is the general partner of Ortiz/Tyler, Ltd., a Kentucky limited partnership, of which he has voting control over the securities. The reporting person disclaims beneficial ownership within the meaning of Rule 16a-1 of the Securities Exchange Act of 1934, as amended, of such portion of those shares in which the reporting person has no actual pecuniary interest.
/s/ Sheila C. Brown, by power of attorney 10/18/2004
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.