By:  Stiles                                           H.B. No. 1607
       73R6276 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the state and local taxes on bingo and to the deposit
    1-3  of bingo taxes paid under protest.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(10), Bingo Enabling Act (Article 179d,
    1-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-7              (10)  "Net proceeds" means:
    1-8                    (A)  in relation to the gross receipts from one
    1-9  or more occasions of bingo, the amount that remains after deducting
   1-10  the reasonable sums necessarily and actually expended for
   1-11  advertising, security, repairs to premises and equipment, bingo
   1-12  supplies and equipment, prizes, stated rental, or mortgage and
   1-13  insurance expenses, if any, bookkeeping or accounting services,
   1-14  fees for personnel as permitted under Subsection (c) of Section 19
   1-15  of this Act, janitorial services and utility supplies and services,
   1-16  if any, and license fees<, and the gross receipts tax>; and
   1-17                    (B)  in relation to the gross rent or other
   1-18  consideration received by an organization licensed to conduct bingo
   1-19  for the use of its premises, fixtures, or equipment by another
   1-20  licensee, the amount that remains after deducting the reasonable
   1-21  sums necessarily and actually expended for janitorial services and
   1-22  utility supplies directly attributable to the use of the premises,
   1-23  fixtures, or equipment, if any.
   1-24        SECTION 2.  The Bingo Enabling Act (Article 179d, Vernon's
    2-1  Texas Civil Statutes) is amended by adding Section 2C to read as
    2-2  follows:
    2-3        Sec. 2C.  ADMISSION FEE.  (a)  An authorized organization
    2-4  licensed to conduct bingo shall collect a fee of $1 from each
    2-5  person admitted to a bingo occasion.  The organization shall
    2-6  deposit fees collected under this section in a special account.
    2-7  The fees may not be commingled with other funds of the
    2-8  organization.
    2-9        (b)  The fee imposed by this section is due and payable by
   2-10  the licensee to the state treasurer quarterly on or before the 15th
   2-11  day of the month succeeding each calendar quarter and is payable to
   2-12  the commission.  The report accompanying the payment must be filed
   2-13  under oath on forms prescribed by the commission.
   2-14        (c)  The receipts from the admission fee are exempt from
   2-15  taxation under Chapter 151, Tax Code, and its subsequent
   2-16  amendments.
   2-17        (d)  In applying the provisions of this Act, the admission
   2-18  fee imposed by this section is treated as if it were a tax.
   2-19        (e)  This section does not apply to an authorized
   2-20  organization that holds a Class A or Class B license to conduct
   2-21  bingo.
   2-22        SECTION 3.  Section 12(d), Bingo Enabling Act (Article 179d,
   2-23  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-24        (d)  An authorized organization may receive a temporary
   2-25  license for the conduct of bingo games on filing with the
   2-26  commission an application, on a form prescribed by the commission,
   2-27  accompanied by a $25 license fee.  A temporary license is valid for
    3-1  four hours during any one day.  An organization may receive no more
    3-2  than six temporary licenses in a calendar year.  An organization
    3-3  operating under a temporary license is subject to the <gross
    3-4  receipts tax authorized or imposed by this Act and the other>
    3-5  provisions of this Act to the extent they can be made applicable.
    3-6        SECTION 4.  Section 19a(k), Bingo Enabling Act (Article 179d,
    3-7  Vernon's Texas Civil Statutes), is amended to read as follows:
    3-8        (k)  Before the end of each quarter, each licensed authorized
    3-9  organization shall disburse for charitable purposes an amount not
   3-10  less than 35 percent of the organization's adjusted gross receipts
   3-11  from the last preceding quarter, less the amount of any credits
   3-12  allowed by rule for <bingo gross receipts taxes and> authorized
   3-13  expenses.  For purposes of this subsection, adjusted gross receipts
   3-14  means gross receipts plus any consideration received from the
   3-15  rental of premises for bingo by the authorized organization, less
   3-16  the amount of prizes paid in the preceding quarter.  If a licensed
   3-17  authorized organization fails to meet the requirements of this
   3-18  subsection for a quarter, the commission in applying appropriate
   3-19  sanctions may consider whether, taking into account the amount
   3-20  required to be distributed during that quarter and the three
   3-21  preceding quarters and the charitable distributions for each of
   3-22  those quarters, the organization has distributed a total amount
   3-23  sufficient to have met the 35 percent requirement for that quarter
   3-24  and the three preceding quarters combined.
   3-25        SECTION 5.  Section 26, Bingo Enabling Act (Article 179d,
   3-26  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-27        Sec. 26.  TRANSMITTALS, REFUNDS, AND COLLECTIONS.  (a)  The
    4-1  revenue collected from the admission fee imposed by Section 2C of
    4-2  this Act and sent to the state shall be deposited to the credit of
    4-3  a special account in the state treasury.
    4-4        (b)  The commission shall determine the total amount of
    4-5  revenue deposited in the fund from admissions to bingo games in
    4-6  each county and each municipality that imposed a gross receipts tax
    4-7  on the conduct of bingo games within the county or municipality
    4-8  under Section 3 of this Act, as it existed on August 31, 1993.
    4-9        (c)  Quarterly, the commission shall send to each:
   4-10              (1)  county that on August 31, 1993, imposed a gross
   4-11  receipts tax on the conduct of bingo games within the county a
   4-12  payment equal to 20 percent of the fees deposited in the fund from
   4-13  admissions to bingo games conducted in the county; and
   4-14              (2)  municipality that on August 31, 1993, imposed a
   4-15  gross receipts tax on the conduct of bingo games within the
   4-16  municipality a payment equal to 20 percent of the fees deposited in
   4-17  the fund from admissions to bingo games conducted in the
   4-18  municipality.
   4-19        (d)  If on August 31, 1993, a county and a municipality both
   4-20  imposed a gross receipts tax on the conduct of bingo games on the
   4-21  same gross receipts, the commission shall quarterly send to each:
   4-22              (1)  county that on August 31, 1993, imposed a gross
   4-23  receipts tax on the conduct of bingo games within the county a
   4-24  payment equal to 10 percent of the fees deposited in the fund from
   4-25  admissions to bingo games conducted in the county; and
   4-26              (2)  municipality that on August 31, 1993, imposed a
   4-27  gross receipts tax on the conduct of bingo games within the
    5-1  municipality a payment equal to 10 percent of the fees deposited in
    5-2  the fund from admissions to bingo games conducted in the
    5-3  municipality.
    5-4        (e)  The commission shall transfer any remaining amounts in
    5-5  the fund to the general revenue fund.
    5-6        (f)  Each jurisdiction's share of admission fees <all gross
    5-7  receipts taxes> collected under <Section 3 of> this Act <by the
    5-8  commission> shall be transmitted to the treasurer or the officer of
    5-9  the jurisdiction performing the functions of that office by the
   5-10  commission payable to the jurisdiction <periodically as promptly as
   5-11  feasible.  Transmittals required under this Act shall be made at
   5-12  least twice in each state fiscal year>.  The funds so transmitted
   5-13  may be used by the jurisdiction for any purpose for which the
   5-14  general funds of the jurisdiction may be used.
   5-15        (g) <(b)>  Before transmitting funds to a county or
   5-16  municipality under <Subsection (a) of> this section, the commission
   5-17  shall deduct two percent of the sum collected from each
   5-18  jurisdiction during such period and shall deposit the funds in the
   5-19  state treasury to the credit of a special fund to be known as the
   5-20  bingo enforcement fund.  The fund may be used only for the
   5-21  administration and enforcement of this Act.
   5-22        (h) <(c)>  The commission is authorized to retain in the
   5-23  suspense account of any jurisdiction a portion of the
   5-24  jurisdiction's share of the admission fee <tax> collected under
   5-25  this Act.  The balance so retained in the suspense account may not
   5-26  exceed five percent of the amount remitted to the jurisdiction.
   5-27  The commission is authorized to make refunds from the suspense
    6-1  account of any jurisdiction for overpayments made to such accounts
    6-2  and to redeem dishonored checks and drafts deposited to the credit
    6-3  of the suspense account of the jurisdiction.
    6-4        (i) <(d)  When any jurisdiction imposes the gross receipts
    6-5  tax and thereafter abolishes the tax, the commission may retain in
    6-6  the suspense account of the jurisdiction for one year five percent
    6-7  of the final remittance to each such jurisdiction at the time of
    6-8  termination of collection of the tax in the jurisdiction to cover
    6-9  possible refunds for overpayment of the tax and to redeem
   6-10  dishonored checks and drafts deposited to the credit of the
   6-11  account.  After one year has elapsed after the effective date of
   6-12  abolition of the tax in the jurisdiction, the commission shall
   6-13  remit the balance in the account to the jurisdiction and close the
   6-14  account.>
   6-15        <(e)>  Interest earned on all admission fees <taxes>
   6-16  collected by the commission under this Act before distribution to
   6-17  the local jurisdiction, including interest earned from the suspense
   6-18  accounts retained under this section, shall be credited to the
   6-19  General Revenue Fund.
   6-20        SECTION 6.  Section 31, Bingo Enabling Act (Article 179d,
   6-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   6-22        Sec. 31.  Determination if no Return Made.  If any licensee
   6-23  fails to make a required return, or if any person conducts bingo
   6-24  without a license, the commission shall make an estimate of the
   6-25  number of persons admitted to each occasion of bingo <gross
   6-26  receipts of the licensee or person conducting bingo without a
   6-27  license> or of the gross rentals received by a licensee for the
    7-1  rental of premises on which bingo is conducted.   The estimate
    7-2  shall be made for the period in respect to which the licensee or
    7-3  other person failed to make a return and shall be based on any
    7-4  information covering any period that is in the possession of the
    7-5  commission or may come into the possession of the commission.  On
    7-6  the basis of this estimate, the commission shall compute and
    7-7  determine the amount required to be paid to the state, adding to
    7-8  the sum a penalty of 10 percent of the amount.  One or more
    7-9  determinations may be made for one or more periods.
   7-10        SECTION 7.  Section 112.058, Tax Code, is amended by adding
   7-11  Subsection (f) to read as follows:
   7-12        (f)  All protest payments of taxes or admission fees imposed
   7-13  by and collected for the state under the Bingo Enabling Act
   7-14  (Article 179d, Vernon's Texas Civil Statutes) that become due on or
   7-15  after September 1, 1993, are governed by Subchapter J, Chapter 403,
   7-16  Government Code.
   7-17        SECTION 8.  Sections 2A, 3, 19b, 21, and 22, Bingo Enabling
   7-18  Act (Article 179d, Vernon's Texas Civil Statutes), are repealed.
   7-19        SECTION 9.  All protest payments of taxes imposed by and
   7-20  collected for the state under the Bingo Enabling Act (Article 179d,
   7-21  Vernon's Texas Civil Statutes) that have been deposited in a
   7-22  suspense account before the effective date of this Act or that are
   7-23  subsequently deposited in a suspense account are transferred to the
   7-24  general revenue fund.
   7-25        SECTION 10.  (a)  This Act takes effect September 1, 1993.
   7-26        (b)  The change in law made by this Act does not affect taxes
   7-27  imposed before the effective date of this Act, and the law in
    8-1  effect before the effective date of this Act is continued in effect
    8-2  for purposes of the liability for and collection and allocation of
    8-3  those taxes.
    8-4        SECTION 11.  The importance of this legislation and the
    8-5  crowded condition of the calendars in both houses create an
    8-6  emergency   and   an   imperative   public   necessity   that   the
    8-7  constitutional rule requiring bills to be read on three several
    8-8  days in each house be suspended, and this rule is hereby suspended.