By Kubiak                                             H.B. No. 2324
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to amending the bingo enabling act.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Amend Section 2, Bingo Enabling Act (Article
    1-5  179d, Vernon's Annotated Civil Statutes), to read as follows:
    1-6        Sec. 2.  DEFINITIONS.  In this Act:
    1-7        (1)  "Governing body" means the commissioner's court with
    1-8  regard to a county or justice precinct or the city council or other
    1-9  chief legislative body with regard to an incorporated city or town.
   1-10        (2)  "Bingo" or "game" means a specific game of chance,
   1-11  commonly known as bingo or lotto, in which prizes are awarded on
   1-12  the basis of designated numbers or symbols on a card conforming to
   1-13  numbers or symbols selected at random.
   1-14        (3)  "Nonprofit organization" means an unincorporated
   1-15  association or society or a corporation that is incorporated or
   1-16  holds a certificate of authority under the Texas Non-Profit
   1-17  Corporation Act, as amended (Article 1396- 1.01 et.seq., Vernon's
   1-18  Texas Civil Statutes), that:
   1-19              (A)  does not distribute any of its income to its
   1-20  members, officers, or governing body, other than as reasonable
   1-21  compensation for services;
   1-22              (B)  for at least three years:
   1-23                    (i)  has had a governing body or officers elected
    2-1  by a vote of members or by a vote of delegates elected by the
    2-2  members; or
    2-3                    (ii)  has been affiliated with a state or
    2-4  national organization organized to perform the same purposes; and
    2-5              (C)  has obtained a 501(c) exemption from the Internal
    2-6  Revenue Service.
    2-7        (4)  "Fraternal organization" means:
    2-8              (A)  a nonprofit organization that is organized to
    2-9  perform and engages primarily in performing charitable, benevolent,
   2-10  patriotic, employment-related, or educational functions and that:
   2-11                    (i)  has been organized within Texas for at least
   2-12  three years;
   2-13                    (ii)  during the three-year period has had a bona
   2-14  fide membership actively and continuously engaged as an
   2-15  organization in furthering its authorized purposes;
   2-16                    (iii)  has not authorized any person on behalf of
   2-17  its membership, governing body, or officers, to support or oppose a
   2-18  particular candidate for public office by making political
   2-19  speeches, passing out cards or other political literature, writing
   2-20  letters, signing or circulating petitions, making campaign
   2-21  contributions, or soliciting votes; and
   2-22                    (iv)  is not an organization whose members are
   2-23  predominantly veterans or dependents of veterans of the armed
   2-24  services of the United States; or
   2-25              (B)  a nonprofit National Historical District
    3-1  Association representing the owners and lessees of a majority of
    3-2  the real property located within a "National Historical District"
    3-3  so determined and designated by the National Register of Historic
    3-4  Places, Heritage Conservation and Recreation Service (HCRS) of the
    3-5  United States Department of the Interior, whose net proceeds as
    3-6  herein defined are used for restoration, construction, maintenance
    3-7  and security within the district, and which has been so designated
    3-8  for at least five years.
    3-9        (5)  "Religious society" means a church, synagogue, or other
   3-10  organization or association that is organized primarily for
   3-11  religious purposes and that has been in existence within Texas for
   3-12  at least 10 years.
   3-13        (6)  "Veterans organization" means a nonprofit organization
   3-14  whose members are veterans or dependents of veterans of the armed
   3-15  services of the United States and that is chartered by the United
   3-16  States Congress and organized to advance the interests of veterans,
   3-17  or active duty personnel of the armed forces of the United States
   3-18  and their dependents.
   3-19        (7)  "Person" means an individual, partnership, corporation,
   3-20  or other group, however, organized.
   3-21        (8)  "Volunteer fire department" means an association that:
   3-22              (A)  operates fire-fighting equipment;
   3-23              (B)  is organized primarily to provide and actively
   3-24  provides fire-fighting services; and
   3-25              (C)  does not pay its members compensation other than
    4-1  nominal compensation.
    4-2        (9)  "Charitable purposes" means one or more of the following
    4-3  causes, deeds, or activities to which the net proceeds derived from
    4-4  the playing of bingo are dedicated:
    4-5              (A)  those that benefit needy or deserving persons in
    4-6  this state, indefinite in number, by enhancing their opportunity
    4-7  for religious or educational advancement, by relieving them from
    4-8  disease, suffering, or distress, or by contributing to their
    4-9  physical well-being, by assisting them in establishing themselves
   4-10  in life as worthy and useful citizens, or by increasing their
   4-11  comprehension of and devotion to the principles on which this
   4-12  nation was founded and enhancing their loyalty to their government;
   4-13              (B)  those that initiate, perform, or foster worthy
   4-14  public works in this state or enable or further the erection or
   4-15  maintenance of public structures in this state;
   4-16        (10)  "Net proceeds" means:
   4-17              (A)  in relation to the gross receipts from one or more
   4-18  occasions of bingo, the amount that remains after deducting the
   4-19  reasonable sums necessarily and actually expended for advertising,
   4-20  security, repairs to premises and equipment, bingo supplies and
   4-21  equipment, prizes, stated rental, or mortgage and insurance
   4-22  expenses, if any, bookkeeping or accounting services, fees for
   4-23  personnel as permitted under Subsection (c) of Section 19 of this
   4-24  Act, janitorial services and utility supplies and services, if any,
   4-25  license fees, and the gross receipts tax; and
    5-1              (B)  in relation to the gross rent or other
    5-2  consideration received by an organization licensed to conduct bingo
    5-3  for the use of its premises, fixtures, or equipment by another
    5-4  licensee, the amount that remains after deducting the reasonable
    5-5  sums necessarily and actually expended for janitorial services and
    5-6  utility supplies directly attributable to the use of the premises,
    5-7  fixtures, or equipment, if any.
    5-8        (11)  "Authorized organization" means a religious society, a
    5-9  nonprofit organization (other than an organization whose membership
   5-10  is predominantly veterans or their dependents organized to advance
   5-11  the interests of veterans, active duty personnel, or their
   5-12  dependents) whose predominant activities are for the support of
   5-13  medical research or treatment programs, a fraternal or veterans
   5-14  organization, or a volunteer fire department.
   5-15        (12)  "Authorized commercial lessor" means a person eligible
   5-16  for a commercial license to lease bingo premises under Section 13
   5-17  of this Act.
   5-18        (13)  "Gross receipts" means the total amount received from
   5-19  the sale, rental, transfer, or use of bingo cards and entrance fees
   5-20  charged at locations in which bingo is conducted.
   5-21        (14)  "Municipal secretary" means the officer of a
   5-22  municipality who performs the duties of city secretary, regardless
   5-23  of the officer's title.
   5-24        (15)  "Municipality" means an incorporated city or town.
   5-25        (16)  "Political subdivision" means a county, justice
    6-1  precinct, or municipality.
    6-2        (17)  "Licensee" means the holder of an annual license,
    6-3  commercial lessor's license, temporary license, or temporary
    6-4  authorization issued under this Act.
    6-5        (18)  "Distributor" means:
    6-6              (A)  a person who obtains by purchase or other manner
    6-7  bingo equipment, devices, or supplies for use in bingo games in
    6-8  this state and who sells or otherwise furnishes those items to
    6-9  another person for use, resale, display, or operation of the
   6-10  equipment, devices, or supplies.
   6-11              (B)  a person who converts, modifies, adds to or
   6-12  removes parts from any bingo equipment, item, device, or assembly
   6-13  to further its promotion or sale for or use in a bingo game in this
   6-14  state.
   6-15        (19)  "Manufacturer" means:
   6-16              (A)  a person who assembles from raw materials or
   6-17  subparts a completed piece of bingo equipment, devices, or supplies
   6-18  for use in bingo games in this state; or
   6-19              (B)  a person who converts, modifies, adds to or
   6-20  removes parts from any bingo equipment, item, device, or assembly
   6-21  to further its promotion or sale for or use in a bingo game in this
   6-22  state.
   6-23        (20)  "Commission" means the Texas Alcoholic Beverage
   6-24  Commission.
   6-25        (21)  "Substantial interest" means the interest a person has
    7-1  in an organization, association, or business as follows:
    7-2              (A)  if, with respect to a sole proprietorship, an
    7-3  individual or his marital community owns, operates, manages, or
    7-4  conducts directly or indirectly any part of the organization,
    7-5  association, or business;
    7-6              (B)  if, with respect to a partnership, the individual
    7-7  or his marital community has a right to a share in any of the
    7-8  profits or potential profits of the partnership activities;
    7-9              (C)  if, with respect to a corporation, an individual
   7-10  or his spouse is an officer or director of or the individual or his
   7-11  marital community is a holder directly or beneficially of 10
   7-12  percent or more of any class of stock of the corporation;
   7-13              (D)  if, with respect to an organization not covered by
   7-14  Paragraph (A), (B), or (C) of this subdivision, an individual or
   7-15  his spouse is an officer in or manages the business affairs of the
   7-16  organization or the individual or his marital community owns or
   7-17  controls 10 percent or more of the assets of the organization; or
   7-18              (E)  if an individual or his marital community provide
   7-19  10 percent or more of the capital, whether in cash, goods, or
   7-20  services, for the operation of a business, association, or
   7-21  organization during a calendar year.
   7-22        (22)  "Bingo equipment" means equipment actually used, made,
   7-23  or sold for the purpose of use in bingo games and includes machines
   7-24  or other devices from which balls or other items are withdrawn to
   7-25  determine the letters and numbers or other symbols to be called,
    8-1  the balls or items themselves, bingo cards, and any other device
    8-2  commonly used in the direct operation of the game.  "Bingo
    8-3  equipment" does not include a bingo game set commonly manufactured
    8-4  and sold as a child's game for a retail price of $20 or less unless
    8-5  the set or a part of the set is actually used in a bingo game
    8-6  subject to regulation under this Act.
    8-7        (23)  "Bingo occasion" means all activities incident to the
    8-8  conduct of a series of bingo games by a licensed authorized
    8-9  organization.  A bingo occasion includes not only the
   8-10  organization's licensed times but also those preparatory and
   8-11  concluding activities incident to the conduct of bingo games.  If
   8-12  two organizations are licensed to conduct bingo at the same place
   8-13  on the same day, the bingo occasion of one organization may overlap
   8-14  with the bingo occasion of the other organization, but their bingo
   8-15  games must be separated by the intermission required by Section 18
   8-16  of this Act.  In that event, the intermission is considered part of
   8-17  each organization's bingo occasion.
   8-18        SECTION 2.  Amend Section 11, Bingo Enabling Act, (Article
   8-19  179d, Vernon's Annotated Civil Statutes), to read as follows:
   8-20        Sec. 11.  RESTRICTIONS ON BINGO GAMES.  (a)  The conduct of
   8-21  bingo games authorized under this Act is subject to the
   8-22  restrictions prescribed by this section regardless of whether the
   8-23  restrictions are contained in a local ordinance.
   8-24        (b)  A person, other than a licensed authorized commercial
   8-25  lessor or except a person who leases or otherwise makes available a
    9-1  hall or other premises to an organization that has been issued a
    9-2  temporary license, may not lease or otherwise make available for
    9-3  conducting a bingo game subject to this act a hall or other
    9-4  premises for any consideration, direct or indirect.
    9-5        (c)  A bingo game may not be conducted on or within any
    9-6  leased premises if rental under the lease is to be paid, in whole
    9-7  or in part, on the basis of a percentage of the receipts or net
    9-8  proceeds derived from the operation of the game or by reference to
    9-9  the number of people in attendance at a game.
   9-10        (d)  The net proceeds of any game of bingo and of any rental
   9-11  of premises for bingo shall be exclusively devoted to charitable
   9-12  purposes.
   9-13        (e)  A prize may not exceed the sum or value of $500 in any
   9-14  single game of bingo.
   9-15        (f)  A series of prizes offered or awarded on any one bingo
   9-16  occasion for bingo games other than instant bingo may not aggregate
   9-17  more than $2,500.   A series of prizes offered or awarded on any
   9-18  one bingo occasion for games of instant bingo <may not aggregate
   9-19  more than $1,500> shall be unlimited.
   9-20        (g)  A person other than a bona fide member of a licensed
   9-21  authorized organization may not conduct, promote, administer, or
   9-22  assist in conducting, promoting, or administering, a bingo game.
   9-23        (h)  A person may not be denied admission to a game or the
   9-24  opportunity to participate in a game because of race, color, creed,
   9-25  religion, national origin, sex, or handicap or because the person
   10-1  is not a member of the licensed authorized organization that is
   10-2  conducting the game.
   10-3        (i)  Bingo games may not be conducted at more than one
   10-4  location on property owned or leased by a licensed authorized
   10-5  organization.
   10-6        (j)  No more than two affiliated organizations may be
   10-7  licensed to conduct bingo at the same location.
   10-8        (k)  A game of chance other than bingo may not be conducted
   10-9  or allowed during an occasion when bingo is played.
  10-10        (l)  A licensed authorized organization may not offer or
  10-11  provide to a person the opportunity to play bingo without charge.
  10-12  An organization conducting bingo must record all transactions for
  10-13  which it receives bingo gross receipts on a cash register, which
  10-14  must be in conformance with specifications prescribed by rule of
  10-15  the commission.
  10-16        (m)  An authorized organization may conduct bingo only in the
  10-17  county where the organization is principally located.  For purposes
  10-18  of this subsection, an organization is principally located in the
  10-19  county within which it has its primary business office.  If the
  10-20  organization has no business office, the organization is
  10-21  principally located in the county of the principal residence of its
  10-22  chief executive officer.
  10-23        (n)  A licensed manufacturer may furnish by sale or any other
  10-24  manner bingo equipment, devices, or supplies to a licensed
  10-25  distributor, but may not furnish by sale or any other manner bingo
   11-1  equipment, devices, or supplies to any other person.
   11-2        (o)  A licensed distributor may not furnish by sale or any
   11-3  other manner bingo equipment, devices, or supplies to a person
   11-4  other than a licensed authorized organization, another licensed
   11-5  distributor, or a person authorized to conduct bingo under Section
   11-6  39(b) (3) or (4) of this Act.  A sale of bingo equipment, devices,
   11-7  or supplies authorized by this subsection must be made on terms
   11-8  requiring immediate payment or requiring payment no later than the
   11-9  30th day after the date of actual delivery.  A sale of bingo
  11-10  equipment may be made no later than the 30th day after the date of
  11-11  actual delivery or on terms specified on the original invoice.
  11-12        (p)  No one other than a licensed authorized organization and
  11-13  licensed lessor may advertise or promote bingo.  A licensed
  11-14  authorized organization may <not> include in an advertisement or
  11-15  promotion the amount of a prize or series of prizes offered at a
  11-16  bingo occasion.
  11-17        (q)  A licensed authorized organization or other person may
  11-18  not award or offer to award a door prize or other prize to persons
  11-19  present at a bingo occasion or participating in a bingo occasion in
  11-20  addition to the prizes awarded for winning the individual bingo
  11-21  games.
  11-22        (r)  A licensed distributor may not receive by purchase or
  11-23  any other manner bingo equipment, devices, or supplies from a
  11-24  person other than a licensed manufacturer.
  11-25        (s)  Except for a purchase made by a licensed authorized
   12-1  organization under Subsection (t) of this section, a licensed
   12-2  authorized organization or a person authorized to conduct bingo
   12-3  under Section 39(b) (3) or (4) of this Act may not obtain by
   12-4  purchase or any other manner bingo equipment, devices, or supplies
   12-5  from a person other than a licensed distributor.
   12-6        (t)  With the prior written consent of the commission, a
   12-7  licensed authorized organization may make an occasional sale of a
   12-8  used bingo flashboard or blower to another licensed authorized
   12-9  organization.
  12-10        (u)  A licensed authorized organization may not conduct a
  12-11  bingo game in which any player uses or is assisted by a
  12-12  computerized or electronic device that is used instead of or in
  12-13  conjunction with the player's traditional paper or nondisposable
  12-14  bingo card.
  12-15        SECTION 3.  Amend Section 11a, Bingo Enabling Act, (Article
  12-16  179d, Vernon's Annotated Civil Statutes), to read as follows:
  12-17        Sec. 11a.  RESTRICTIONS ON RENT FOR BINGO PREMISES.  (a)  The
  12-18  rent charged by a licensed authorized commercial lessor to a
  12-19  licensed authorized organization to conduct bingo may not exceed
  12-20  $600 for each bingo occasion conducted on the premises, unless the
  12-21  lessee licensed authorized organization subleases the premises to
  12-22  one or more other licensed authorized organizations to conduct
  12-23  bingo, in which event the rent charged by the authorized commercial
  12-24  lessor may not exceed $600 for each day that bingo is conducted at
  12-25  that location.
   13-1        (b)  Rent for premises used for the conduct of bingo must be
   13-2  paid in a lump sum that includes all expenses authorized by Section
   13-3  19(c) of this Act that are paid by the licensed authorized
   13-4  organization to the lessor in connection with the use of the
   13-5  premises.
   13-6        (c)  This section does not apply to the rent charged under a
   13-7  lease or other contract in existence on May 31, 1989, and on file
   13-8  with the comptroller on that date, but does apply to the renewal or
   13-9  extension of such a lease or other contract.  This section does not
  13-10  apply under the Texas Constitution or the Constitution of the
  13-11  United States.
  13-12        SECTION 4.  Amend Section 13, Bingo Enabling Act, (Article
  13-13  179d, Vernon's Annotated Civil Statutes), to read as follows:
  13-14        Sec. 13.  INVESTIGATION OF LICENSE; FEE; DURATION OF LICENSE.
  13-15  (a)  The commission shall investigate the qualifications of each
  13-16  applicant and the merits of each application promptly after the
  13-17  filing of the application.
  13-18        (b)  On preliminary approval of an application, the
  13-19  commission may issue a temporary authorization for the activity
  13-20  requested for any period of not more than 60 days.  The effective
  13-21  period may be extended by the commission on written request filed
  13-22  before the end of the period of temporary authorization except as
  13-23  limited by Subsection (h) of this section.
  13-24        (c)  The commission shall issue to an applicant a license for
  13-25  the conduct of bingo, or a license renewal, on payment of a license
   14-1  fee in accordance with Subdivision (1) of Subsection (d) of this
   14-2  section, if the commission determines that:
   14-3              (1)  the member or members of the applicant designated
   14-4  in the application to conduct bingo are active members of the
   14-5  applicant;
   14-6              (2)  no person under whose name the game or games of
   14-7  bingo will be conducted, and no person who will work at the
   14-8  proposed bingo games, has been convicted of a felony, gambling
   14-9  offense, criminal fraud, or a crime of moral turpitude for which
  14-10  less than 10 years have elapsed since termination of any sentence,
  14-11  parole, mandatory supervision, or probation served for the offense;
  14-12              (3)  the games are to be conducted in accordance with
  14-13  this Act;
  14-14              (4)  the proceeds of the games are to be disposed of as
  14-15  provided by this Act;
  14-16              (5)  no prize will be offered or given in excess of the
  14-17  limits set by Section 11(e) of this Act in any single game and that
  14-18  the aggregate of all prizes offered and given in all of the games
  14-19  conducted on a single occasion under the license will not exceed
  14-20  limits set by Section 11(f) of this Act;
  14-21              (6)  the applicant has made and can demonstrate
  14-22  significant progress toward the accomplishment of the purposes of
  14-23  the organization during the 12-month period preceding the date of
  14-24  application for a license or license renewal; and
  14-25              (7)  all persons who will conduct, promote, or
   15-1  administer the proposed bingo games are active, bona fide members
   15-2  of the applicant organization and all other persons who will assist
   15-3  in conducting, promoting or administering the proposed bingo games
   15-4  are persons authorized to do so by Section 19 of this Act.
   15-5        (d)  The fees for a license to conduct bingo and a commercial
   15-6  license to lease bingo premises shall be set by the commission in
   15-7  an amount reasonable to defray administrative cost, but not less
   15-8  than the following:
   15-9              (1)  license to conduct bingo:
  15-10                    (A)  Class A (annual gross receipts of $25,000 or
  15-11  less) - $100;
  15-12                    (B)  Class B (annual gross receipts of more than
  15-13  $25,000 but not more than $50,000) - $200;
  15-14                    (C)  Class C (annual gross receipts of more than
  15-15  $50,000 but not more than $75,000) - $300;
  15-16                    (D)  Class D (annual gross receipts of more than
  15-17  $75,000 but not more than $100,000) - $400;
  15-18                    (E)  Class E (annual gross receipts of more than
  15-19  $100,000 but not more than $150,000) - $600;
  15-20                    (F)  Class F (annual gross receipts of more than
  15-21  $150,000 but not more than $200,000) - $900;
  15-22                    (G)  Class G (annual gross receipts of more than
  15-23  $200,000 but not more than $250,000) - $1,200;
  15-24                    (H)  Class H (annual gross receipts of more than
  15-25  $250,000 but not more than $300,000) - $1,500;
   16-1                    (I)  Class I (annual gross receipts of more than
   16-2  $300,000 but not more than $400,000) - $2,000; and
   16-3                    (J)  Class J (annual gross receipts of more than
   16-4  $400,000) - $2,500; and
   16-5              (2)  commercial license to lease bingo premises:
   16-6                    (A)  Class A (annual gross rentals from licensed
   16-7  organization of not more than $12,000) - $100;
   16-8                    (B)  Class B (annual gross rentals from licensed
   16-9  organizations of not more than $12,000 but not more than $20,000) -
  16-10  $200;
  16-11                    (C)  Class C (annual gross rentals from licensed
  16-12  organizations of not more than $20,000 but not more than $30,000) -
  16-13  $300;
  16-14                    (D)  Class D (annual gross rentals from licensed
  16-15  organizations of more than $30,000 but not more than $40,000) -
  16-16  $400;
  16-17                    (E)  Class E (annual gross rentals from licensed
  16-18  organization of more than $40,000 but not more than $50,000) -
  16-19  $600;
  16-20                    (F)  Class F (annual gross rentals from licensed
  16-21  organizations of more than $50,000 but not more than $60,000) -
  16-22  $900;
  16-23                    (G)  Class G (annual gross rentals from licensed
  16-24  organizations of more than $60,000 but not more than $70,000) -
  16-25  $1,200;
   17-1                    (H)  Class H (annual gross rentals from licensed
   17-2  organizations of more than $70,000 but not more than $80,000) -
   17-3  $1,500;
   17-4                    (I)  Class I (annual gross rentals from licensed
   17-5  organizations of more than $80,000 but not more than $90,000) -
   17-6  $2,000;
   17-7                    (J)  Class J (annual gross rentals from licensed
   17-8  organizations of more than $90,000) - $2,500.
   17-9        (e)  At the end of the license period, a recapitulation shall
  17-10  be made between the licensee and the commission in respect of the
  17-11  gross receipts or gross rentals actually recorded during the
  17-12  license period and the fee paid, and any deficiency shown to be due
  17-13  shall be paid by the licensee and any excess of fee shown to have
  17-14  been paid shall be credited to the licensee in a manner prescribed
  17-15  by the commission by rule.
  17-16        (f)  The commission may not issue a license to an applicant
  17-17  seeking to conduct bingo on the premises of a licensed commercial
  17-18  lessor if the premises presently owned or occupied by the applicant
  17-19  are adequate and suitable for conducting bingo games.  The burden
  17-20  is on the applicant to establish by clear and convincing proof that
  17-21  the premises it presently owns or occupies are not adequate and
  17-22  suitable for conducting games.  It is the intent of this subsection
  17-23  to encourage licensed organizations to use their own facilities if
  17-24  possible, to discourage the commercialization of bingo, and to
  17-25  maximize the availability of bingo proceeds for application by an
   18-1  authorized organization to its authorized purposes.
   18-2        (g)  The commission shall issue a license permitting a
   18-3  commercial lessor applicant to lease premises for the conduct of
   18-4  bingo to an authorized organization or organizations specified in
   18-5  the application during the period specified in the application or
   18-6  such shorter period as the commission determines, but not to exceed
   18-7  one year, on payment of a license fee in accordance with Subsection
   18-8  (d)(2) of this section if the commission determines that:
   18-9              (1)  the applicant seeking to lease a hall or premises
  18-10  for the conduct of bingo to an authorized organization is qualified
  18-11  to be licensed under this Act;
  18-12              (2)  the applicant satisfies the requirements for an
  18-13  authorized commercial lessor as prescribed by this section;
  18-14              (3)  the rent to be charged is fair and reasonable and
  18-15  will be charged and collected in compliance with Section 11a of
  18-16  this Act;
  18-17              (4)  there is no diversion of the funds of the proposed
  18-18  lessee from the lawful purposes as prescribed by this Act;
  18-19              (5)  the person whose signature or name appears in the
  18-20  application is in all respects the real party in interest and is
  18-21  not an undisclosed agent or trustee for the real party in interest;
  18-22  and
  18-23              (6)  the leasing of a hall or premises for the conduct
  18-24  of bingo is to be in accordance with this Act.
  18-25        (h)  A license issued under this Act may not be effective for
   19-1  more than one year.  A temporary authorization issued under
   19-2  Subsection (b) of this section may not be effective for more than
   19-3  one year from its original issuance date.
   19-4        (i)  When a license is issued by the commission, a copy of
   19-5  the license shall immediately be sent by the licensee to the
   19-6  appropriate governing body for filing in a central file containing
   19-7  each license issued under this Act.  In addition, the licensee
   19-8  must, within 10 days, give written notice of the issuance of the
   19-9  license to the police department of the city or town in which bingo
  19-10  is to be conducted, if it is to be conducted within a city or town,
  19-11  or to the sheriff of the county in which bingo is to be conducted,
  19-12  if it is to be conducted outside a city or town.  A bingo game may
  19-13  not be commenced until the notification has been made in accordance
  19-14  with this subsection.
  19-15        (j)  a license may not be transferred by a licensee.
  19-16        (k)  The issuance of a license or temporary authorization by
  19-17  the commission does not grant a vested right in the license, the
  19-18  temporary authorization, or the privileges conferred.
  19-19        (l)  The commission may not issue a license to an authorized
  19-20  organization to conduct bingo if an officer of the organization has
  19-21  been convicted of a felony, criminal fraud, gambling or
  19-22  gambling-related offense, or crime of moral turpitude, if less than
  19-23  10 years have elapsed since the termination of any sentence,
  19-24  parole, mandatory supervision, or probation served for the offense.
  19-25        (m)  The commission may deny an application for a license or
   20-1  renewal of a license issued under this section for any cause that
   20-2  would permit or require the suspension or revocation of a license
   20-3  issued under this section.
   20-4        (n)  A commercial license to lease bingo premises to a
   20-5  licensed authorized organization may be issued only to:
   20-6              (1)  an authorized organization licensed to conduct
   20-7  bingo that owns, co-owns, <or> leases, or co-leases premises on
   20-8  which bingo is or will be conducted and that the organization
   20-9  leases, co-leases or offers for lease or co-leases to one or more
  20-10  other authorized organizations to conduct bingo;
  20-11              (2)  a person who leases premises to a single licensed
  20-12  authorized organization that subleases or will sublease the
  20-13  premises to one or more other licensed authorized organizations to
  20-14  conduct bingo on the premises; or
  20-15              (3)  a person who leases premises for the total control
  20-16  and exclusive use of only one licensed organization as that
  20-17  organization's primary business office.
  20-18        (o)  Notwithstanding Subsection (n) of this section, a person
  20-19  who was licensed as a commercial lessor on June 10, 1989 whose
  20-20  license has been kept in effect since that date, and who is
  20-21  otherwise eligible for the license may renew the license as a
  20-22  commercial lessor of bingo premises according to the terms of the
  20-23  license as those terms existed on June 10, 1989.
  20-24        (p)  <A commercial lessor covered by Subsection (o) of this
  20-25  section may renew the license to provide for not more than the same
   21-1  number of licensed authorized organizations to conduct bingo on the
   21-2  premises as whether those organizations are the same as the
   21-3  organizations covered by the license on that date.>  A commercial
   21-4  lessor covered by Subsection (o) of this section may renew the
   21-5  license for a different location <if the location of the premises
   21-6  covered by the license on the date this subsection took effect
   21-7  becomes unavailable to the commercial lessor for reasons beyond the
   21-8  commercial lessor's control>.
   21-9        (q)  The following persons are not eligible for a commercial
  21-10  license to lease bingo premises to a licensed authorized
  21-11  organization:
  21-12              (1)  A person convicted of a felony, criminal fraud,
  21-13  gambling or gambling-related offense, or crime of moral turpitude,
  21-14  if less than 10 years have elapsed since the termination of any
  21-15  sentence, parole, mandatory supervision, or probation served for
  21-16  the offense;
  21-17              (2)  a public officer who receives any consideration,
  21-18  direct or indirect, as owner or lessor of premises offered for the
  21-19  purpose of conducting bingo;
  21-20              (3)  a person who extends credit to, loans money to, or
  21-21  pays or provides for the payment of license fees for an authorized
  21-22  organization;
  21-23              (4)  a distributor or manufacturer; or
  21-24              (5)  a person, firm, or corporation in which a person
  21-25  covered by Subdivision (1), (2), (3), or (4) of this subsection or
   22-1  a person married or related in the first degree by consanguinity or
   22-2  affinity to one of those persons has greater than a 10 percent
   22-3  proprietary, equitable, or credit interest or in which one of those
   22-4  persons is active or employed.
   22-5        (r)  Subsection (q)(5) of this section does not prevent any
   22-6  authorized organization, person, firm, or corporation that is not
   22-7  organized for pecuniary profit and no part of the net earnings of
   22-8  which insure to the benefit of any individual, member, or
   22-9  shareholder from being licensed as a commercial lessor solely
  22-10  because a public officer or a person married or related in the
  22-11  first degree by consanguinity or affinity to a public officer is a
  22-12  member of, active in, or employed by the authorized organization,
  22-13  person, firm, or corporation.
  22-14        SECTION 5.  Amend Section 15, Bingo Enabling Act, (Article
  22-15  179d, Vernon's Annotated Civil Statutes), to read as follows:
  22-16        Sec. 15.  FORM AND CONTENTS OF LICENSE; DISPLAY OF LICENSE.
  22-17        (a)  Each license to conduct bingo shall include:
  22-18              (1)  the name and address of the licensee and the names
  22-19  and addresses of the member or members of the licensee under whom
  22-20  the game will be conducted;
  22-21              (2)  and indication of the place where and the time
  22-22  when the games are to be conducted<;> .
  22-23              <(3)  the specific purposes to which the net proceeds
  22-24  of the games are to be devoted; and>
  22-25              <(4)  a statement of whether any prize is to be offered
   23-1  and the amount of any authorized prize.>
   23-2        (b)  Each license issued for the conduct of any game shall be
   23-3  conspicuously displayed at the place where the game is conducted at
   23-4  all times during the conduct of the game.
   23-5        (c)  Each license to lease premises for conducting bingo
   23-6  shall contain a statement of the name and address of the licensee
   23-7  and the address of the premises, and each license shall be
   23-8  conspicuously displayed on the premises at all times during the
   23-9  conduct of bingo.
  23-10        (d)  Each location must be separately licensed.
  23-11        SECTION 6.  Amend Section 16, Bingo Enabling Act, (Article
  23-12  179d, Vernon's Annotated Civil Statutes), to read as follows:
  23-13        Sec. 16.  CONTROL AND SUPERVISION; SUSPENSION OF LICENSES;
  23-14  INSPECTION OF PREMISES.  (a)  The commission shall administer this
  23-15  Act.  The commission has broad authority and shall exercise strict
  23-16  control and close supervision over all games of bingo conducted in
  23-17  this state to the end that the games are fairly conducted and the
  23-18  proceeds derived from the games are used for the purposes
  23-19  authorized in this Act.  The commission's authority under this Act
  23-20  is executed through a division established by the administrator of
  23-21  the commission to administer this Act.  The administrator shall
  23-22  employ a director of bingo operations to administer the division
  23-23  under the direction of the commission and administrator.  The
  23-24  commission may adopt rules for the enforcement and administration
  23-25  of this Act.
   24-1        (b)  The commission shall provide to any person on request a
   24-2  printed copy of this Act and any rules applicable to the
   24-3  enforcement of this Act.  The commission may impose a reasonable
   24-4  charge for a copy of an item provided under this subsection.
   24-5        (c)  The commission shall establish a toll-free wide area
   24-6  telephone service (WATS) number to provide access to the office of
   24-7  the bingo division in Austin for receiving information requests or
   24-8  taking complaints from persons relating to bingo games.  To enable
   24-9  both the general public and a person or entity regulated under this
  24-10  Act to locate the telephone numbers of the division easily,
  24-11  including the toll-free number, the commission shall take the
  24-12  actions necessary to ensure that the bingo division is separately
  24-13  listed, with the toll-free number, in the telephone directories for
  24-14  any city or area in which a local office of the division is
  24-15  established and that the toll-free number and the telephone numbers
  24-16  of the local offices of the division are made available to callers
  24-17  using information operators.
  24-18        (d)  The commission by rule shall provide procedures for the
  24-19  approval of bingo cards.  A licensee may not use or distribute a
  24-20  bingo card unless it has been approved by the commission.  The
  24-21  commission may set the price or adopt one or more schedules of
  24-22  prices at which bingo cards may be sold or otherwise furnished by a
  24-23  licensed authorized organization.  A licensed authorized
  24-24  organization may not sell or otherwise furnish a bingo card at a
  24-25  price other than a price authorized by the commission under this
   25-1  subsection or by a schedule adopted under this subsection.  The
   25-2  commission may establish procedures requiring a licensed authorized
   25-3  organization to notify the commission of the price or price
   25-4  schedule for bingo cards the organization will use for one or more
   25-5  reporting periods.
   25-6        (e)  The commission may adopt a civil penalty system, suspend
   25-7  or revoke any license issued under this Act for failure to comply
   25-8  with this Act or a rule adopted by the commission under this Act,
   25-9  or for any reason that would allow or require the commission to
  25-10  refuse to issue or renew a license of the same class.  The
  25-11  commission may summarily suspend a license issued under this Act
  25-12  for failure to comply with this Act or a rule adopted by the
  25-13  commission under this Act if the commission determines that the
  25-14  licensee's continued operation may constitute an immediate threat
  25-15  to the health, safety, morals, or welfare of the public.  The
  25-16  Administrative Procedure and Texas Register Act (Article 6252-13a,
  25-17  Vernon's Texas Civil Statutes) does not apply to the commission in
  25-18  the enforcement and administration of a summary suspension under
  25-19  this section.
  25-20        (f)  A proceeding to summarily suspend a license issued under
  25-21  this Act is initiated by the commission by serving notice to the
  25-22  licensee informing it of the right to a hearing before the
  25-23  commission.  The notice must be personally served on an officer,
  25-24  operator, or agent of the licensee or sent by certified or
  25-25  registered mail, return receipt requested, to the licensee's
   26-1  mailing address as it appears on the commission's records.  The
   26-2  notice must state the alleged violations that constitute grounds
   26-3  for summary suspension.
   26-4        (g)  If a notice of summary suspension is served on a
   26-5  licensee, the commission shall simultaneously serve notice of a
   26-6  hearing, to be held within 10 days after the date the notice is
   26-7  served, at which the licensee shall show cause why the license
   26-8  should not be summarily suspended on the 10th day after the date
   26-9  the notice is service.  A final hearing on the suspension or
  26-10  revocation of the license shall be held, if requested by the
  26-11  licensee, within 30 days after the date the commission receives
  26-12  written notice of the request.  A final hearing on suspension or
  26-13  revocation is governed by the same rules as a hearing on any other
  26-14  suspension or revocation under this Act.
  26-15        (h)  The commission may employ officers or investigators as
  26-16  the commission considers necessary to administer this Act.
  26-17        (i)  The commission or the commission's officers or agents
  26-18  and state, city, or county peace officers may enter and inspect the
  26-19  contents of premises where a game of bingo is being conducted or
  26-20  where it is intended that a game is to be conducted or where any
  26-21  equipment used or intended for use in the conduct of a game is
  26-22  found.
  26-23        (j)  The commission by rule shall establish the number and
  26-24  type of bingo games that may be played during an occasion.
  26-25        SECTION 7.  Amend Section 19, Bingo Enabling Act, (Article
   27-1  179d, Vernon's Annotated Civil Statutes), to read as follows:
   27-2        Sec. 19.  PERSONS OPERATING AND CONDUCTING GAMES; EQUIPMENT;
   27-3  EXPENSES; COMPENSATION.  (a)  Only an active <and> or bona fide
   27-4  member of a licensed authorized organization may be an operator
   27-5  responsible for conducting, promoting, or administering a game of
   27-6  bingo.  A person may not assist in conducting, promoting or
   27-7  administering a game of bingo except:
   27-8              (1)  an active member of an organization to which a
   27-9  license has been issued;
  27-10              (2)  a member of an organization that is an auxiliary
  27-11  to the licensee;
  27-12              (3)  a member of an organization of which the licensee
  27-13  is an auxiliary;
  27-14              (4)  a member of an organization that is affiliated
  27-15  with the licensee by being, with it, auxiliary to another
  27-16  organization; and
  27-17              (5)  bookkeepers, accountants, cashiers, ushers, or
  27-18  callers.
  27-19        (b)  A game of bingo may not be conducted with any equipment
  27-20  except that owned by the licensed authorized organization or used
  27-21  without payment of any compensation therefore by the licensee.
  27-22        (c)  Items of expense may not be incurred or paid in
  27-23  connection with the conduct of any game of bingo under any license
  27-24  issued under this Act except those that are reasonable and are
  27-25  necessarily expended for advertising, security, repairs to premises
   28-1  and equipment, bingo supplies and equipment, prizes, stated rental
   28-2  or mortgage and insurance expenses, if any, bookkeeping, legal, or
   28-3  accounting services related to bingo, fees in amounts authorized by
   28-4  the commission for callers, cashiers, and ushers, janitorial
   28-5  services and utility supplies and services, if any, and license
   28-6  fees.
   28-7        (d)  A person may not be an operator for more than one
   28-8  licensed authorized organization, without regard to the person's
   28-9  membership status in licensed authorized organizations.  The
  28-10  commission may adopt rules restricting involvement in the conduct,
  28-11  promotion, or administration of bingo by a licensed authorized
  28-12  commercial lessor, by a person having an interest in or who is
  28-13  active in a licensed authorized commercial lessor, or by a person
  28-14  having an interest in or who is active in a licensed authorized
  28-15  commercial lessor, or by a person related in the first degree by
  28-16  consanguinity or affinity to a person having an interest in or
  28-17  active in a licensed authorized commercial lessor, without regard
  28-18  to a person's membership status in a licensed authorized
  28-19  organization.
  28-20        SECTION 8.  Amend Section 19a, Bingo Enabling Act, (Article
  28-21  179d, Vernon's Annotated Civil Statutes), to read as follows:
  28-22        Sec. 19a.  BINGO ACCOUNTS AND PROCEEDS.  (a)  An organization
  28-23  licensed to conduct bingo shall establish and maintain one regular
  28-24  checking account designated the "bingo account" and may also
  28-25  maintain an interest-bearing savings account designated the "bingo
   29-1  savings account."  All funds derived from the conduct of bingo,
   29-2  less the amount awarded as cash prizes under Section 11(e) of this
   29-3  Act, shall be deposited in the bingo account.  A licensed
   29-4  organization may lend money from its general fund to its bingo
   29-5  account if the organization requests and receives the prior
   29-6  approval of the commission.  No other funds may be deposited in the
   29-7  bingo account.  Deposits must be made no later than the next
   29-8  business day following the day of the bingo occasion on which the
   29-9  receipts were obtained.  All accounts must be maintained in a
  29-10  financial institution in Texas.
  29-11        (b)  Funds from the bingo account must be withdrawn by
  29-12  preprinted, consecutively numbered checks or withdrawal slips,
  29-13  signed by a duly authorized representative of the licensed
  29-14  organization and made payable to a person or organization.  Checks
  29-15  must be imprinted with the words "Bingo Account" and must contain
  29-16  the organization's bingo license number on the face of the check.
  29-17  There must also be noted on the face of the check or withdrawal
  29-18  slip the nature of the payment made.  No check or slip may be made
  29-19  payable to "cash", "bearer", or a fictitious payee.  All checks,
  29-20  including voided checks and slips, must be kept and accounted for.
  29-21        (c)  Checks may be drawn on the bingo account only for one or
  29-22  more of the following purposes:
  29-23              (1)  the payment of necessary and reasonable bona fide
  29-24  expenses permitted under Subsection (c) of Section 19 of this Act
  29-25  incurred and paid in connection with the conduct of bingo;
   30-1              (2)  the payment of necessary and reasonable
   30-2  compensation incurred and paid in connection with the conduct of
   30-3  bingo for personnel permitted under Subsection (c) of Section 19 of
   30-4  this Act;
   30-5              (3)  the disbursement of net proceeds derived from the
   30-6  conduct of bingo to charitable purposes; and
   30-7              (4)  the transfer of net proceeds derived from the
   30-8  conduct of bingo to the bingo savings account pending a
   30-9  disbursement to a charitable purpose.
  30-10        (d)  The following items of expense incurred or paid by an
  30-11  organization in connection with bingo must be paid from the
  30-12  organization's bingo account;
  30-13              (1)  advertising;
  30-14              (2)  security during a bingo occasion;
  30-15              (3)  the purchase and repair of bingo supplies and
  30-16  equipment;
  30-17              (4)  prizes, other than authorized cash prizes;
  30-18              (5)  stated rental;
  30-19              (6)  bookkeeping, legal, or accounting services;
  30-20              (7)  fees for callers, cashiers, and ushers;
  30-21              (8)  license fees; and
  30-22              (9)  janitorial services.
  30-23        (e)  The disbursement of net proceeds on deposit in the bingo
  30-24  saving account to a charitable purpose must be made by transferring
  30-25  the intended disbursement back into the bingo account and then
   31-1  withdrawing the amount by a check drawn on that account as
   31-2  prescribed in this section.
   31-3        (f)  Proceeds given to a person or an organization for a
   31-4  charitable purpose may not be used by the donee:
   31-5              (1)  to pay for services rendered or materials
   31-6  purchased in connection with the conducting of bingo by the donor
   31-7  organization; or
   31-8              (2)  for a cause, a deed, or an activity that would not
   31-9  constitute a charitable purpose if the activity were conducted by
  31-10  the donor organization.
  31-11        (g)  Gross receipts derived from the conduct of bingo may not
  31-12  be commingled with other funds of the licensed organization.
  31-13  Except as permitted by Subdivisions (3) and (4) of Subsection (c)
  31-14  of this section, gross receipts may not be transferred to another
  31-15  account maintained by the licensed organization.
  31-16        (h)  A licensed organization that has ceased to conduct bingo
  31-17  for any reason and has unexpended bingo funds shall disburse those
  31-18  funds to charitable purposes before the end of the next calendar
  31-19  quarter following the calendar quarter in which the organization
  31-20  ceases to conduct bingo.
  31-21        (i)  Net proceeds may not be used directly or indirectly by a
  31-22  licensed authorized organization to support or oppose a candidate
  31-23  or slate of candidates for public office, to support or oppose a
  31-24  measure submitted to a vote of the people, or to influence or
  31-25  attempt to influence legislation.
   32-1        (j)  The commission by rule may provide for different
   32-2  record-keeping procedures for licensees by class based on the
   32-3  amount of gross receipts of licensees.
   32-4        (k)  Before the end of each quarter, each licensed authorized
   32-5  organization shall disburse for charitable purposes an amount not
   32-6  less than 15 <35> percent of the organization's adjusted gross
   32-7  receipts from the last preceding quarter, <less the amount of any
   32-8  credits allowed by rule for bingo gross receipts taxes and
   32-9  authorized expenses>.  For purposes of this subsection, adjusted
  32-10  gross receipts means gross receipts plus any consideration received
  32-11  from the rental of premises for bingo by the authorized
  32-12  organization, less the amount of prizes paid in the preceding
  32-13  quarter, and less rental expenses for the charity lessor paid in
  32-14  the preceding quarter.  If a licensed authorized organization fails
  32-15  to meet the requirements of this subsection for a quarter, the
  32-16  commission in applying appropriate sanctions may consider whether,
  32-17  taking into account the amount required to be distributed during
  32-18  that quarter and the three preceding quarters and the charitable
  32-19  distributions for each of those quarters, the organization has
  32-20  distributed a total amount sufficient to have met the 15 <35>
  32-21  percent requirement for that quarter and the three preceding
  32-22  quarters combined.
  32-23        SECTION 9.  EMERGENCY CLAUSE.  The importance of this
  32-24  legislation and the crowded condition of the calendars in both
  32-25  houses create an emergency and an imperative public necessity that
   33-1  the constitutional rule requiring bills to be read on three several
   33-2  days in each house be suspended, and this rule is hereby suspended.