By Cain                                               H.B. No. 2771
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of bingo; providing penalties; imposing
    1-3  taxes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 2(10), (20), and (22), Bingo Enabling
    1-6  Act (Article 179d, Vernon's Texas Civil Statutes), are amended to
    1-7  read as follows:
    1-8              (10)  "Net proceeds" means:
    1-9                    (A)  in relation to the gross receipts from one
   1-10  or more occasions of bingo, the amount that remains after deducting
   1-11  the reasonable sums necessarily and actually expended for
   1-12  advertising, security, repairs to premises and equipment, bingo
   1-13  supplies and equipment, prizes, stated rental, or mortgage and
   1-14  insurance expenses, if any, bookkeeping, legal, or accounting
   1-15  services, fees for personnel as permitted under Subsection (c) of
   1-16  Section 19 of this Act, janitorial services and utility supplies
   1-17  and services, if any, license fees, and the fee on prizes imposed
   1-18  by Section 19b of this Act <gross receipts tax>; and
   1-19                    (B)  in relation to the gross rent or other
   1-20  consideration received by an organization licensed to conduct bingo
   1-21  for the use of its premises, fixtures, or equipment by another
   1-22  licensee, the amount that remains after deducting the reasonable
   1-23  sums necessarily and actually expended for janitorial services and
   1-24  utility supplies directly attributable to the use of the premises,
    2-1  fixtures, or equipment, if any.
    2-2              (20)  "Commission" means the Texas Lottery <Alcoholic
    2-3  Beverage> Commission.
    2-4              (22)  "Bingo equipment" means equipment actually used,
    2-5  made, or sold for the purpose of use in bingo games and includes
    2-6  machines or other devices from which balls or other items are
    2-7  withdrawn to determine the letters and numbers or other symbols to
    2-8  be called, the balls or items themselves, bingo cards, and any
    2-9  other device commonly used in the direct operation of the game.
   2-10  "Bingo equipment" does not include:
   2-11                    (A)  a bingo game set commonly manufactured and
   2-12  sold as a child's game for a retail price of $20 or less unless the
   2-13  set or a part of the set is actually used in a bingo game subject
   2-14  to regulation under this Act; or
   2-15                    (B)  commonly available component parts of bingo
   2-16  equipment such as light bulbs, fuses, or bingo balls.
   2-17        SECTION 2.  Sections 11(f) and (t), Bingo Enabling Act
   2-18  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   2-19  as follows:
   2-20        (f)  A series of prizes offered or awarded on any one bingo
   2-21  occasion for bingo games other than instant bingo may not aggregate
   2-22  more than $2,500.  <A series of prizes offered or awarded on any
   2-23  one bingo occasion for games of instant bingo may not aggregate
   2-24  more than $1,500.>
   2-25        (t)  With the prior written consent of the commission, a
   2-26  licensed authorized organization may make an occasional sale of
   2-27  bingo cards or of a used bingo flashboard or blower to another
    3-1  licensed authorized organization.
    3-2        SECTION 3.  Section 12(d), Bingo Enabling Act (Article 179d,
    3-3  Vernon's Texas Civil Statutes), is amended to read as follows:
    3-4        (d)  An authorized organization may receive a temporary
    3-5  license for the conduct of bingo games on filing with the
    3-6  commission an application, on a form prescribed by the commission,
    3-7  accompanied by a $25 license fee.  A temporary license is valid for
    3-8  four hours during any one day.  An organization may receive no more
    3-9  than six temporary licenses in a calendar year.  An organization
   3-10  operating under a temporary license is subject to the taxes and
   3-11  fees <gross receipts tax> authorized or imposed by this Act and the
   3-12  other provisions of this Act to the extent they can be made
   3-13  applicable.
   3-14        SECTION 4.  Sections 13(c), (f), and (j), Bingo Enabling Act
   3-15  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   3-16  as follows:
   3-17        (c)  The commission shall issue to an applicant a license for
   3-18  the conduct of bingo, or a license renewal, on payment of a license
   3-19  fee in accordance with Subdivision (1) of Subsection (d) of this
   3-20  section, if the commission determines that:
   3-21              (1)  the member or members of the applicant designated
   3-22  in the application to conduct bingo are active members of the
   3-23  applicant;
   3-24              (2)  no person under whose name the game or games of
   3-25  bingo will be conducted, and no person who will work at the
   3-26  proposed bingo games, has been convicted of a felony, gambling
   3-27  offense, criminal fraud, or a crime of moral turpitude for which
    4-1  less than 10 years have elapsed since termination of any sentence,
    4-2  parole, mandatory supervision, or probation served for the offense;
    4-3              (3)  the games are to be conducted in accordance with
    4-4  this Act;
    4-5              (4)  the proceeds of the games are to be disposed of as
    4-6  provided by this Act;
    4-7              (5)  <no prize will be offered or given in excess of
    4-8  the limits set by Section 11(e) of this Act in any single game and
    4-9  that the aggregate of all prizes offered and given in all of the
   4-10  games conducted on a single occasion under the license will not
   4-11  exceed the limits set by Section 11(f) of this Act;>
   4-12              <(6)>  the applicant has made and can demonstrate
   4-13  significant progress toward the accomplishment of the purposes of
   4-14  the organization during the 12-month period preceding the date of
   4-15  application for a license or license renewal; and
   4-16              (6) <(7)>  all persons who will conduct, promote, or
   4-17  administer the proposed bingo games are active, bona fide members
   4-18  of the applicant organization and all other persons who will assist
   4-19  in conducting, promoting, or administering the proposed bingo games
   4-20  are persons authorized to do so by Section 19 of this Act.
   4-21        (f)  A person who leases premises on which bingo is conducted
   4-22  is not required to be a licensed commercial lessor unless the
   4-23  person leases directly to a licensed authorized organization <The
   4-24  commission may not issue a license to an applicant seeking to
   4-25  conduct bingo on the premises of a licensed commercial lessor if
   4-26  the premises presently owned or occupied by the applicant are
   4-27  adequate and suitable for conducting bingo games.  The burden is on
    5-1  the applicant to establish by clear and convincing proof that the
    5-2  premises it presently owns or occupies are not adequate and
    5-3  suitable for conducting games.  It is the intent of this subsection
    5-4  to encourage licensed organizations to use their own facilities if
    5-5  possible, to discourage the commercialization of bingo, and to
    5-6  maximize the availability of bingo proceeds for application by an
    5-7  authorized organization to its authorized purposes>.
    5-8        (j)  A license may not be transferred by a licensee, except
    5-9  that, in accordance with commission rules, a licensed commercial
   5-10  lessor who is an individual may transfer the individual's license
   5-11  to a corporation formed by the individual if the corporation would
   5-12  be eligible for a commercial license to lease bingo premises under
   5-13  this section if the corporation were applying for a license.
   5-14        SECTION 5.  Section 13(o), Bingo Enabling Act (Article 179d,
   5-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   5-16        (o)  Notwithstanding Subsection (n) of this section, a person
   5-17  who was licensed as a commercial lessor on June 10, 1989, whose
   5-18  license has been kept in effect since that date, and who is
   5-19  otherwise eligible for the license may renew the license as a
   5-20  commercial lessor of bingo premises <according to the terms of the
   5-21  license as those terms existed on June 10, 1989>.
   5-22        SECTION 6.  The Bingo Enabling Act (Article 179d, Vernon's
   5-23  Texas Civil Statutes) is amended by adding Section 13f to read as
   5-24  follows:
   5-25        Sec. 13f.  ACCESS TO INTERNAL REVENUE SERVICE INFORMATION.
   5-26  (a)  The commission may obtain information relating to a person's
   5-27  qualification for licensing under this Act from the Internal
    6-1  Revenue Service under a contract between the comptroller and the
    6-2  Internal Revenue Service on:
    6-3              (1)  an operator or an applicant to act as an operator
    6-4  of bingo occasions; or
    6-5              (2)  an applicant for a license to act or a person who
    6-6  holds a license to act as a commercial lessor.
    6-7        (b)  All information received by the commission from the
    6-8  Internal Revenue Service is confidential and may only be used as
    6-9  provided by the contract between the comptroller and the Internal
   6-10  Revenue Service under which the information was obtained.
   6-11        (c)  A person commits an offense if the person releases or
   6-12  discloses any information obtained under this section except on
   6-13  court order.  An offense under this subsection is a Class A
   6-14  misdemeanor.
   6-15        (d)  The comptroller shall adopt rules governing the custody
   6-16  and use of information obtained under this section.
   6-17        SECTION 7.  Section 16(e), Bingo Enabling Act (Article 179d,
   6-18  Vernon's Texas Civil Statutes), is amended to read as follows:
   6-19        (e)  After a hearing, the <The> commission may suspend or
   6-20  revoke any license issued under this Act for failure to comply with
   6-21  this Act or a rule adopted by the commission under this Act, or for
   6-22  any reason that would allow or require the commission to refuse to
   6-23  issue or renew a license of the same class.  An administrative law
   6-24  judge of the State Office of Administrative Hearings shall conduct
   6-25  the hearing as provided by Chapter 591, Acts of the 72nd
   6-26  Legislature, Regular Session, 1991 (Article 6252-13f, Vernon's
   6-27  Texas Civil Statutes), and its subsequent amendments.  The
    7-1  commission may review the decision of an administrative law judge
    7-2  as provided by the Administrative Procedure and Texas Register Act
    7-3  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
    7-4  subsequent amendments.  The commission may summarily suspend a
    7-5  license issued under this Act for failure to comply with this Act
    7-6  or a rule adopted by the commission under this Act if the
    7-7  commission determines that the licensee's continued operation may
    7-8  constitute an immediate threat to the health, safety, morals, or
    7-9  welfare of the public.  The Administrative Procedure and Texas
   7-10  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
   7-11  not apply to the commission in the enforcement and administration
   7-12  of a summary suspension under this section.
   7-13        SECTION 8.  The Bingo Enabling Act (Article 179d, Vernon's
   7-14  Texas Civil Statutes) is amended by adding Sections 16a and 16b to
   7-15  read as follows:
   7-16        Sec. 16a.  ADMINISTRATIVE PENALTIES.  (a)  The commission may
   7-17  assess an administrative penalty against the holder of a commercial
   7-18  lessor's license under this Act who violates a provision of this
   7-19  Act or a rule or order adopted by the commission under this Act as
   7-20  provided by this section.
   7-21        (b)  The penalty for each violation may be in an amount not
   7-22  to exceed $5,000.  Each day a violation continues or occurs may be
   7-23  considered a separate violation for purposes of penalty assessment.
   7-24        (c)  In determining the amount of the penalty, the executive
   7-25  director of the commission shall consider:
   7-26              (1)  the seriousness of the violation, including the
   7-27  nature, circumstances, extent, and gravity of the prohibited acts
    8-1  and the hazard or potential hazard posed to the health or safety of
    8-2  the public;
    8-3              (2)  the economic damage to property or the environment
    8-4  caused by the violation;
    8-5              (3)  the history of previous violations;
    8-6              (4)  the amount necessary to deter future violations;
    8-7              (5)  efforts to correct the violation; and
    8-8              (6)  any other matter that justice may require.
    8-9        (d)  If, after investigation of a possible violation and the
   8-10  facts surrounding that possible violation, the executive director
   8-11  determines that a violation has occurred, the executive director
   8-12  may issue a violation report stating the facts on which the
   8-13  conclusion that a violation occurred is based, recommending that an
   8-14  administrative penalty under this section be imposed on the person
   8-15  charged, and recommending the amount of that proposed penalty.  The
   8-16  executive director shall base the recommended amount of the
   8-17  proposed penalty on the seriousness of the violation determined by
   8-18  consideration of the factors set forth in Subsection (c) of this
   8-19  section.
   8-20        (e)  Not later than the 14th day after the date on which the
   8-21  report is issued, the executive director shall give written notice
   8-22  of the report to the person charged.  The notice shall include a
   8-23  brief summary of the charges, a statement of the amount of the
   8-24  penalty recommended, and a statement of the right of the person
   8-25  charged to a hearing on the occurrence of the violation or the
   8-26  amount of the penalty, or both the occurrence of the violation and
   8-27  the amount of the penalty.
    9-1        (f)  Not later than the 20th day after the date on which
    9-2  notice is received, the person charged may accept the determination
    9-3  of the executive director made under Subsection (d) of this
    9-4  section, including the recommended penalty, or make a written
    9-5  request for a hearing on the determination.
    9-6        (g)  If the person charged with the violation accepts the
    9-7  determination of the executive director, the executive director
    9-8  shall issue an order approving the determination and ordering the
    9-9  payment of the recommended penalty.
   9-10        (h)  If the person charged requests a hearing or fails to
   9-11  timely respond to the notice, the executive director shall set a
   9-12  hearing and give notice of the hearing.  The hearing shall be held
   9-13  by the State Office of Administrative Hearings.  The hearing
   9-14  examiner shall make findings of fact and conclusions of law and
   9-15  promptly issue to the commission a proposal for decision as to the
   9-16  occurrence of the violation, including a recommendation as to the
   9-17  amount of the proposed penalty if a penalty is warranted.  Based on
   9-18  the findings of fact, conclusions of law, and recommendations of
   9-19  the hearing examiner, the executive director by order may find a
   9-20  violation has occurred and may assess a penalty or may find that no
   9-21  violation has occurred.  All proceedings under this subsection are
   9-22  subject to the Administrative Procedure and Texas Register Act
   9-23  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   9-24  subsequent amendments.
   9-25        (i)  The executive director shall give notice of the
   9-26  executive director's order to the person charged.  The notice shall
   9-27  include:
   10-1              (1)  the findings of fact and conclusions of law
   10-2  separately stated;
   10-3              (2)  the amount of the penalty ordered, if any;
   10-4              (3)  a statement of the right of the person charged to
   10-5  judicial review of the executive director's order, if any; and
   10-6              (4)  other information required by law.
   10-7        (j)  Not later than the 30th day after the date the executive
   10-8  director's order is final as provided by Section 16(c),
   10-9  Administrative Procedure and Texas Register Act (Article 6252-13a,
  10-10  Vernon's Texas Civil Statutes), the person shall:
  10-11              (1)  pay the amount of the penalty;
  10-12              (2)  pay the amount of the penalty and file a petition
  10-13  for judicial review contesting the occurrence of the violation, the
  10-14  amount of the penalty, or both the occurrence of the violation and
  10-15  the amount of the penalty; or
  10-16              (3)  without paying the amount of the penalty, file a
  10-17  petition for judicial review contesting the occurrence of the
  10-18  violation, the amount of the penalty, or both the occurrence of the
  10-19  violation and the amount of the penalty.
  10-20        (k)  Within the 30-day period, a person who acts under
  10-21  Subsection (j)(3) of this section may:
  10-22              (1)  stay enforcement of the penalty by:
  10-23                    (A)  paying the amount of the penalty to the
  10-24  court for placement in an escrow account; or
  10-25                    (B)  giving to the court a supersedeas bond
  10-26  approved by the court for the amount of the penalty and that is
  10-27  effective until all judicial review of the board's order is final;
   11-1  or
   11-2              (2)  request the court to stay enforcement of the
   11-3  penalty by:
   11-4                    (A)  filing with the court a sworn affidavit of
   11-5  the person stating that the person is financially unable to pay the
   11-6  amount of the penalty and is financially unable to give the
   11-7  supersedeas bond; and
   11-8                    (B)  giving a copy of the affidavit to the
   11-9  executive director by certified mail.
  11-10        (l)  If the executive director receives a copy of an
  11-11  affidavit under Subsection (k)(2) of this section, the executive
  11-12  director may file with the court not later than the fifth day after
  11-13  the date the copy is received a contest to the affidavit.  The
  11-14  court shall hold a hearing on the facts alleged in the affidavit as
  11-15  soon as practicable and shall stay the enforcement of the penalty
  11-16  on finding that the alleged facts are true.  The person who files
  11-17  an affidavit has the burden of proving that the person is
  11-18  financially unable to pay the amount of the penalty and to give a
  11-19  supersedeas bond.
  11-20        (m)  If the person does not pay the amount of the penalty and
  11-21  the enforcement of the penalty is not stayed, the executive
  11-22  director may refer the matter to the attorney general for
  11-23  collection of the amount of the penalty.
  11-24        (n)  Judicial review of the order of the board:
  11-25              (1)  is instituted by filing a petition as provided by
  11-26  Section 19, Administrative Procedure and Texas Register Act
  11-27  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   12-1  subsequent amendments; and
   12-2              (2)  is under the substantial evidence rule.
   12-3        (o)  If the court sustains the occurrence of the violation,
   12-4  the court may uphold or reduce the amount of the penalty and order
   12-5  the person to pay the full or reduced amount of the penalty.  If
   12-6  the court does not sustain the occurrence of the violation, the
   12-7  court shall order that no penalty is owed.
   12-8        (p)  When the judgment of the court becomes final, the court
   12-9  shall proceed under this subsection.  If the person paid the amount
  12-10  of the penalty and if that amount is reduced or is not upheld by
  12-11  the court, the court shall order that the appropriate amount plus
  12-12  accrued interest be remitted to the person.  The rate of the
  12-13  interest is the rate charged on loans to depository institutions by
  12-14  the New York Federal Reserve Bank, and the interest shall be paid
  12-15  for the period beginning on the date the penalty was paid and
  12-16  ending on the date the penalty is remitted.  If the person gave a
  12-17  supersedeas bond and if the amount of the penalty is not upheld by
  12-18  the court, the court shall order the release of the bond.  If the
  12-19  person gave a supersedeas bond and if the amount of the penalty is
  12-20  reduced, the court shall order the release of the bond after the
  12-21  person pays the amount.
  12-22        (q)  A penalty collected under this section shall be remitted
  12-23  to the comptroller for deposit in the general revenue fund.
  12-24        (r)  All proceedings under this section are subject to the
  12-25  Administrative Procedure and Texas Register Act (Article 6252-13a,
  12-26  Vernon's Texas Civil Statutes) and its subsequent amendments.
  12-27        Sec. 16b.  REMEDIES NOT EXCLUSIVE.  The commission may
   13-1  suspend or revoke a commercial lessor's license under Section 16(e)
   13-2  of this Act, impose an administrative penalty under Section 16a of
   13-3  this Act, or both, depending on the severity of the violation.
   13-4        SECTION 9.  Sections 19(c) and (d), Bingo Enabling Act
   13-5  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   13-6  as follows:
   13-7        (c)  Items of expense may not be incurred or paid in
   13-8  connection with the conduct of any game of bingo under any license
   13-9  issued under this Act except those that are reasonable and are
  13-10  necessarily expended for advertising, security, repairs to premises
  13-11  and equipment, bingo supplies and equipment, prizes, stated rental
  13-12  or mortgage and insurance expenses, if any, bookkeeping, legal, or
  13-13  accounting services related to bingo, fees in amounts authorized by
  13-14  the commission for callers, cashiers, and ushers, janitorial
  13-15  services and utility supplies and services, if any, and license
  13-16  fees.  The value of any health insurance or health benefit provided
  13-17  by a licensed authorized organization to an employee may not be
  13-18  included in the amount of a fee authorized by the commission.
  13-19        (d)  <A person may not be an operator for more than one
  13-20  licensed authorized organization, without regard to the person's
  13-21  membership status in licensed authorized organizations.>  The
  13-22  commission may adopt rules restricting involvement in the conduct,
  13-23  promotion, or administration of bingo by a licensed authorized
  13-24  commercial lessor, by a person having an interest in or who is
  13-25  active in a licensed authorized commercial lessor, or by a person
  13-26  related in the first degree by consanguinity or affinity, as
  13-27  determined under Article 5996h, Revised Statutes, to a person
   14-1  having an interest in or active in a licensed authorized commercial
   14-2  lessor, without regard to a person's membership status in a
   14-3  licensed authorized organization.
   14-4        SECTION 10.  Sections 19b(b) and (c), Bingo Enabling Act
   14-5  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   14-6  as follows:
   14-7        (b)  The fee imposed by this section is six <three> percent
   14-8  of the amount or value of the prize.
   14-9        (c)  A licensed authorized organization shall report and
  14-10  remit the fee imposed by this section at the same time and in the
  14-11  same manner as the gross rentals <receipts> tax under Section 20 of
  14-12  this Act.
  14-13        SECTION 11.  The Bingo Enabling Act (Article 179d, Vernon's
  14-14  Texas Civil Statutes) is amended by adding Section 19c to read as
  14-15  follows:
  14-16        Sec. 19c.  LOCAL SHARE OF FEE ON PRIZES.  (a)  A county or
  14-17  municipality that imposed a gross receipts tax on the conduct of
  14-18  bingo games as of January 1, 1993, is entitled to a share of the
  14-19  fee imposed by Section 19b of this Act.
  14-20        (b)  Except as provided by Subsection (d) of this section, a
  14-21  county to which this section applies is entitled to 50 percent of
  14-22  the fee collected under Section 19b of this Act on a prize awarded
  14-23  at a bingo game conducted in the county.
  14-24        (c)  Except as provided by Subsection (d) of this section, a
  14-25  municipality to which this section applies is entitled to 50
  14-26  percent of the fee collected under Section 19b of this Act on a
  14-27  prize awarded at a bingo game conducted in the municipality.
   15-1        (d)  If a county and municipality are both entitled to a
   15-2  share of the fee imposed by Section 19b of this Act:
   15-3              (1)  the county is entitled to 25 percent of the fee
   15-4  collected under Section 19b of this Act on a prize awarded at a
   15-5  bingo game conducted in the county; and
   15-6              (2)  the municipality is entitled to 25 percent of the
   15-7  fee collected under Section 19b of this Act on a prize awarded at a
   15-8  bingo game conducted in the municipality.
   15-9        (e)  The local share of the fee on prizes provided by this
  15-10  section is limited to a share of collections attributable to the
  15-11  first five percent levied on the amount or value of prizes.
  15-12        SECTION 12.  Section 20, Bingo Enabling Act (Article 179d,
  15-13  Vernon's Texas Civil Statutes), is amended to read as follows:
  15-14        Sec. 20.  REPORTING AND DUE DATE OF TAXES AND FEES.  The
  15-15  taxes and fees authorized or imposed by this Act are due and
  15-16  payable by the licensee or any person conducting bingo games
  15-17  without a license to the state treasurer quarterly on or before the
  15-18  15th day of the month succeeding each calendar quarter.  The report
  15-19  must be filed under oath on forms prescribed by the commission.
  15-20        SECTION 13.  Section 26, Bingo Enabling Act (Article 179d,
  15-21  Vernon's Texas Civil Statutes), is amended to read as follows:
  15-22        Sec. 26.  TRANSMITTALS, REFUNDS, AND COLLECTIONS.  (a)  The
  15-23  revenue collected from the fee on prizes imposed by Section 19b of
  15-24  this Act and sent to the state shall be deposited to the credit of
  15-25  a special account in the general revenue fund.
  15-26        (b)  The commission shall determine the total amount of
  15-27  revenue deposited in the account from prizes awarded at bingo games
   16-1  in each county and each municipality entitled to a share under
   16-2  Section 19c of this Act.
   16-3        (c)  Quarterly, the commission shall send to each county and
   16-4  municipality entitled under Section 19c of this Act to a share of
   16-5  the fee on prizes the county's or municipality's share as
   16-6  determined under Sections 19c(b)-(d) of this Act.
   16-7        (d)  The commission shall transfer any remaining amounts in
   16-8  the account to a nondedicated account in the general revenue fund.
   16-9        (e)  Each jurisdiction's share of the fee on prizes <all
  16-10  gross receipts taxes> collected under <Section 3 of> this Act <by
  16-11  the commission> shall be transmitted to the treasurer or the
  16-12  officer of the jurisdiction performing the functions of that office
  16-13  by the commission payable to the jurisdiction <periodically as
  16-14  promptly as feasible.  Transmittals required under this Act shall
  16-15  be made at least twice in each state fiscal year>.  The funds so
  16-16  transmitted may be used by the jurisdiction for any purpose for
  16-17  which the general funds of the jurisdiction may be used.
  16-18        <(b)  Before transmitting funds under Subsection (a) of this
  16-19  section, the commission shall deduct two percent of the sum
  16-20  collected from each jurisdiction during such period and shall
  16-21  deposit the funds in the state treasury to the credit of a special
  16-22  fund to be known as the bingo enforcement fund.  The fund may be
  16-23  used only for the administration and enforcement of this Act.>
  16-24        (f) <(c)>  The commission is authorized to retain in the
  16-25  suspense account of any jurisdiction a portion of the
  16-26  jurisdiction's share of the fee on prizes <tax> collected under
  16-27  this Act.  The balance so retained in the suspense account may not
   17-1  exceed five percent of the amount remitted to the jurisdiction.
   17-2  The commission is authorized to make refunds from the suspense
   17-3  account of any jurisdiction for overpayments made to such accounts
   17-4  and to redeem dishonored checks and drafts deposited to the credit
   17-5  of the suspense account of the jurisdiction.
   17-6        (g) <(d)>  When any jurisdiction entitled to a share of the
   17-7  fee on prizes prohibits the conduct of bingo as provided by
   17-8  Sections 4-9 of this Act <imposes the gross receipts tax and
   17-9  thereafter abolishes the tax>, the commission may retain in the
  17-10  suspense account of the jurisdiction for one year five percent of
  17-11  the final remittance to each such jurisdiction at the time of
  17-12  termination of collection of the tax in the jurisdiction to cover
  17-13  possible refunds for overpayment of the tax and to redeem
  17-14  dishonored checks and drafts deposited to the credit of the
  17-15  account.  After one year has elapsed after the effective date of
  17-16  the prohibition of bingo <abolition of the tax> in the
  17-17  jurisdiction, the commission shall remit the balance in the account
  17-18  to the jurisdiction and close the account.
  17-19        (h) <(e)>  Interest earned on all fees on prizes <taxes>
  17-20  collected by the commission under this Act before distribution to
  17-21  the local jurisdiction, including interest earned from the suspense
  17-22  accounts retained under this section, shall be credited to the
  17-23  General Revenue Fund.
  17-24        SECTION 14.  The Bingo Enabling Act (Article 179d, Vernon's
  17-25  Texas Civil Statutes) is amended by adding Section 27a to read as
  17-26  follows:
  17-27        Sec. 27a.  SUBPOENA OF WITNESSES; WITNESS FEES; CONTEMPT.
   18-1  (a)  The commission, administrator, or a representative of the
   18-2  commission under the direction of the commission, for the purposes
   18-3  of this Act, may:
   18-4              (1)  issue subpoenas;
   18-5              (2)  compel the attendance of witnesses;
   18-6              (3)  administer oaths;
   18-7              (4)  certify to official acts;
   18-8              (5)  take depositions inside or outside the state, as
   18-9  provided by law;
  18-10              (6)  compel the production of pertinent books,
  18-11  accounts, records, documents, and testimony; and
  18-12              (7)  certify to copies of documents as being true
  18-13  copies on file in the official records of the commission.
  18-14        (b)  If a witness in attendance before the commission or
  18-15  before an authorized representative refuses without reasonable
  18-16  cause to be examined or answer a legal or pertinent question, or to
  18-17  produce a book, record, or paper when ordered by the commission to
  18-18  do so, the commission may apply to the Travis County district court
  18-19  for an order returnable in not less than two nor more than five
  18-20  days, directing the witness to show cause before the judge why he
  18-21  should not be punished for contempt.  If the judge determines that
  18-22  the witness has refused, without reasonable cause or legal excuse,
  18-23  to be examined or answer a legal or pertinent question, or to
  18-24  produce a book, record, or paper which he was ordered to bring or
  18-25  produce, he may forthwith punish the offender as for contempt of
  18-26  court.
  18-27        SECTION 15.  Sections 31, 32, and 33, Bingo Enabling Act
   19-1  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   19-2  as follows:
   19-3        Sec. 31.  Determination if no Return Made.  If any licensee
   19-4  fails to make a required return, or if any person conducts bingo
   19-5  without a license, the commission shall make an estimate of the
   19-6  prizes awarded at each occasion of bingo <gross receipts of the
   19-7  licensee or person conducting bingo without a license> or of the
   19-8  gross rentals received by a licensee for the rental of premises on
   19-9  which bingo is conducted.  The estimate shall be made for the
  19-10  period in respect to which the licensee or other person failed to
  19-11  make a return and shall be based on any information covering any
  19-12  period that is in the possession of the commission or may come into
  19-13  the possession of the commission.  On the basis of this estimate,
  19-14  the commission shall compute and determine the amount required to
  19-15  be paid to the state, adding to the sum a penalty of 10 percent of
  19-16  the amount.  One or more determinations may be made for one or more
  19-17  periods.
  19-18        Sec. 32.  Jeopardy Determination.  (a)  If the commission
  19-19  believes that the collection of any gross rental tax or fee on
  19-20  prizes or any amount of tax or fee on prizes required to be
  19-21  remitted to the state or the amount of any determination will be
  19-22  jeopardized by delay, the commission shall make a determination of
  19-23  the tax or fee on prizes or amount of tax or fee on prizes required
  19-24  to be collected, noting that fact upon the determination.  The
  19-25  amount determined is due and payable immediately.
  19-26        (b)  If the amount specified in the determination is not paid
  19-27  within 20 days after service of notice thereof on the licensee
   20-1  against whom the determination is made, the amount becomes final at
   20-2  the expiration of the 20 days unless a petition for redetermination
   20-3  is filed within the 20 days.  A delinquency penalty of 10 percent
   20-4  of the tax or fee on prizes  or amount of the tax or fee on prizes
   20-5  and interest at the rate of 10 percent a year shall attach to the
   20-6  amount of the tax or fee on prizes or the amount of the tax or fee
   20-7  on prizes required to be collected.
   20-8        Sec. 33.  Application of Tax Laws.  Subtitle B, Title 2, Tax
   20-9  Code, applies to the administration, collection, and enforcement of
  20-10  the gross rentals tax <taxes authorized or> imposed under Section
  20-11  2B of this Act and the fee on prizes imposed under Section 19b of
  20-12  this Act except as modified by this Act.  In applying the
  20-13  provisions <For purposes of the application> of that subtitle to
  20-14  the gross rentals tax <taxes authorized or> imposed under Section
  20-15  2B of this Act and the fee on prizes imposed under Section 19b of
  20-16  this Act only, the fee on prizes is treated as if it were a tax and
  20-17  the powers and duties assigned to the comptroller under that
  20-18  subtitle are assigned to the commission.
  20-19        SECTION 16.  Section 35(a), Bingo Enabling Act (Article 179d,
  20-20  Vernon's Texas Civil Statutes), is amended to read as follows:
  20-21        (a)  A person lawfully conducting or participating in the
  20-22  conduct of bingo or permitting the conduct on any premises owned or
  20-23  leased by him or it under any license lawfully issued under this
  20-24  Act is not liable to prosecution or conviction for violation of any
  20-25  provision of the Penal Code, as amended, or any other law or
  20-26  ordinance to the extent that such conduct is specifically
  20-27  authorized by this Act.  The immunity does not extend to any person
   21-1  knowingly conducting or participating in the conduct of bingo under
   21-2  any license obtained by any false pretense, <or by any> false
   21-3  statement, or material omission made in any application for license
   21-4  or otherwise or permitting the conduct on any premises owned or
   21-5  leased by him or it of any game of bingo conducted under any
   21-6  license known to him or it to have been obtained by any false
   21-7  pretense or statement.
   21-8        SECTION 17.  Section 36, Bingo Enabling Act (Article 179d,
   21-9  Vernon's Texas Civil Statutes), is amended to read as follows:
  21-10        Sec. 36.  OFFENSES; REVOCATION <FORFEITURE> OF LICENSE;
  21-11  INELIGIBILITY TO APPLY FOR LICENSE.  (a)  A person commits an
  21-12  offense and the <forfeits a> license is subject to revocation
  21-13  <issued> under this Act if the person:
  21-14              (1)  makes a false statement or material omission in an
  21-15  application for a license authorized to be issued under this Act;
  21-16              (2)  fails to maintain records that fully and truly
  21-17  record all transactions connected with the conducting of bingo, the
  21-18  leasing of premises to be used for the conduct of bingo, or the
  21-19  manufacture, sale, or distribution of bingo supplies, devices, or
  21-20  equipment;
  21-21              (3)  falsifies or makes any false entry in any books or
  21-22  records so far as they relate to the conduct of bingo, to the
  21-23  disposition of bingo proceeds, to the application of rent received
  21-24  by any authorized organization, or to the gross receipts realized
  21-25  from the manufacture, sale, or distribution of bingo supplies,
  21-26  devices, or equipment;
  21-27              (4)  diverts or pays any portion of the net proceeds of
   22-1  any game of bingo to any person except in furtherance of one or
   22-2  more of the lawful purposes prescribed by this Act; or
   22-3              (5)  violates this Act or a term of a license issued
   22-4  under this Act.
   22-5        (b)  An offense under Subsection (a)(2), (3), or (5) of this
   22-6  section is a Class C misdemeanor, unless it is shown on the trial
   22-7  of the offense that the person has been convicted previously under
   22-8  this section, in which event it is a Class B misdemeanor.  An
   22-9  offense under Subsection (a)(1) or (a)(4) of this section is a
  22-10  Class A misdemeanor.  This subsection does not apply to an offense
  22-11  committed under Section 39(b) or Section 40 of this Act.
  22-12        (c)  A person whose license is revoked <forfeited> under this
  22-13  section may not apply for another license under this Act until one
  22-14  year has elapsed from the date of revocation <forfeiture>.
  22-15        SECTION 18.  Sections 37(a), (b), and (c), Bingo Enabling Act
  22-16  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
  22-17  as follows:
  22-18        (a)  At any time within three years after a person is
  22-19  delinquent in the payment of any amount of required gross rentals
  22-20  tax or fee on prizes due, the commission may collect the amount as
  22-21  provided by this section.
  22-22        (b)  The commission shall seize any property, real or
  22-23  personal, of the person and sell the property, or a sufficient part
  22-24  of it, at public auction to pay the amount due with any interest or
  22-25  penalties on account of the seizure and sale.  Any seizure made to
  22-26  collect the gross rentals <a> tax or the fee on prizes due shall be
  22-27  only of property of the licensee not exempt from execution under
   23-1  the laws of this state.
   23-2        (c)  Notice of the sale and the time and place of the sale
   23-3  shall be given to the delinquent person in writing at least 20 days
   23-4  before the date set for the sale as provided by this subsection.
   23-5  The notice shall be enclosed in an envelope addressed to the
   23-6  person<, in case of a sale for limited sales tax due,> at his last
   23-7  known address or place of business<, and in case of a sale for use
   23-8  taxes due, at his last known residence or place of business in this
   23-9  state>.  It shall be deposited in the United States mail, postage
  23-10  prepaid.  The notice shall also be published for at least 10 days
  23-11  before the date set for the sale in a newspaper of general
  23-12  circulation published in the county in which the property seized is
  23-13  to be sold.  If there is no newspaper of general circulation in the
  23-14  county, notice shall be posted in three public places in the county
  23-15  at least 20 days before the date set for the sale.  The notice
  23-16  shall contain a description of the property to be sold, a statement
  23-17  of the amount due, including interest, penalties, and costs, the
  23-18  name of the delinquent, and the further statement that unless the
  23-19  amount due, interest, penalties, and costs are paid on or before
  23-20  the time fixed in the notice for the sale, the property, or so much
  23-21  of it as may be necessary, will be sold in accordance with the law
  23-22  and the notice.
  23-23        SECTION 19.  Section 38, Bingo Enabling Act (Article 179d,
  23-24  Vernon's Texas Civil Statutes), is amended to read as follows:
  23-25        Sec. 38.  Bonds or Securities.  (a)  Each licensee under this
  23-26  Act shall furnish to the commission a cash bond, a bond from a
  23-27  surety company chartered or authorized to do business in this
   24-1  state, certificates of deposit, certificates of savings or U.S.
   24-2  treasury bonds or, subject to the discretion and approval of the
   24-3  commission, an assignment of negotiable stocks or bonds, or such
   24-4  other security as the commission may deem sufficient to secure the
   24-5  payment of required tax on gross rentals or fee on prizes <taxes>
   24-6  under this Act.  The commission shall fix the amount of the bond or
   24-7  security in each case, taking into consideration the amount of
   24-8  money that has or is expected to become due from the licensee under
   24-9  this Act.  The amount of the bond or security required by the
  24-10  commission may not exceed three times the amount of the licensee's
  24-11  average quarterly reports.
  24-12        (b)  On failure to pay the gross rentals tax or the fee on
  24-13  prizes <taxes> imposed under this Act, the commission may notify
  24-14  both the licensee and any surety of the delinquency by jeopardy or
  24-15  deficiency determination.  If payment is not made when due, the
  24-16  commission may forfeit the bond or security or any part thereof.
  24-17        (c)  If the licensee ceases to conduct bingo games and
  24-18  relinquishes his license, the commission shall authorize the
  24-19  release of all bonds and security on a determination that no
  24-20  amounts of gross rentals tax or fee on prizes remain due and
  24-21  payable under this Act.
  24-22        SECTION 20.  Section 39(b), Bingo Enabling Act (Article 179d,
  24-23  Vernon's Texas Civil Statutes), is amended to read as follows:
  24-24        (b)  Any person conducting, promoting, or administering a
  24-25  game commits a felony of the third degree unless the person is
  24-26  conducting, promoting, or administering a game:
  24-27              (1)  in accordance with a valid license issued under
   25-1  this Act;
   25-2              (2)  within the confines of a home for purposes of
   25-3  amusement or recreation when:
   25-4                    (A)  no player or other person furnishes anything
   25-5  of more than nominal value for the opportunity to participate;
   25-6                    (B)  participation in the game does not exceed 15
   25-7  players; and
   25-8                    (C)  the prizes awarded or to be awarded are
   25-9  nominal;
  25-10              (3)  on behalf of an organization of persons 60 years
  25-11  of age or over, a senior citizens' association, a senior citizens'
  25-12  community center program operated or funded by a governmental
  25-13  entity, or the patients in a hospital or nursing home or residents
  25-14  of a retirement home solely for the purpose of amusement and
  25-15  recreation of its members, residents, or patients, when:
  25-16                    (A)  no player or other person furnishes anything
  25-17  of more than nominal value for the opportunity to participate; and
  25-18                    (B)  the prizes awarded or to be awarded are
  25-19  nominal; or
  25-20              (4)  on behalf of a business conducting the game for
  25-21  promotional or advertising purposes if:
  25-22                    (A)  the game is conducted by or through a
  25-23  newspaper or a radio or television station;
  25-24                    (B)  participation in the game is open to the
  25-25  general public and is not limited to customers of the business;
  25-26                    (C)  playing materials are furnished without
  25-27  charge to any person on request; and
   26-1                    (D)  no player is required to furnish anything of
   26-2  value for the opportunity to participate.
   26-3        SECTION 21.  The Bingo Enabling Act (Article 179d, Vernon's
   26-4  Texas Civil Statutes) is amended by adding Section 43 to read as
   26-5  follows:
   26-6        Sec. 43.  BINGO ADVISORY COMMITTEE.  (a)  The commission
   26-7  shall appoint a bingo advisory committee consisting of nine
   26-8  members.  The committee members shall be appointed to represent a
   26-9  balance of interests including representatives of:
  26-10              (1)  the general public;
  26-11              (2)  charities that operate bingo games; and
  26-12              (3)  commercial and charity lessors that participate in
  26-13  the bingo industry.
  26-14        (b)  A bingo advisory committee member serves at the pleasure
  26-15  of the commission.  A member of the committee is not entitled to
  26-16  receive compensation for serving as a member.  A member is entitled
  26-17  to reimbursement for reasonable expenses incurred in performing
  26-18  duties as a member of the committee.
  26-19        (c)  The bingo advisory committee shall:
  26-20              (1)  advise the commission on the needs and problems of
  26-21  the state's bingo industry;
  26-22              (2)  comment on rules involving bingo during their
  26-23  development and before their final adoption unless an emergency
  26-24  requires immediate action by the commission;
  26-25              (3)  report annually to the commission on the
  26-26  committee's activities; and
  26-27              (4)  perform other duties as determined by the
   27-1  commission.
   27-2        (d)  The bingo advisory committee shall meet quarterly or as
   27-3  requested by the commission.
   27-4        (e)  The commission may adopt rules to govern the operations
   27-5  of the bingo advisory committee.
   27-6        SECTION 22.  Section 112.058, Tax Code, is amended by adding
   27-7  Subsection (f) to read as follows:
   27-8        (f)  All protest payments of taxes imposed by and collected
   27-9  for the state under the Bingo Enabling Act (Article 179d, Vernon's
  27-10  Texas Civil Statutes) that become due on or after September 1,
  27-11  1993, are governed by Subchapter J, Chapter 403, Government Code.
  27-12        SECTION 23.  Sections 2A, 3, 4(b), 13(p), 21, and 22, Bingo
  27-13  Enabling Act (Article 179d, Vernon's Texas Civil Statutes), are
  27-14  repealed.
  27-15        SECTION 24.  This Act takes effect September 1, 1993, but
  27-16  only if H.B. No. 1587, 73rd Legislature, Regular Session, 1993, or
  27-17  S.B. No. 550, 73rd Legislature, Regular Session, 1993, is enacted
  27-18  and becomes law.  If neither H.B. No. 1587, 73rd Legislature,
  27-19  Regular Session, 1993, nor S.B. No. 550, 73rd Legislature, Regular
  27-20  Session, 1993, is enacted and becomes law, this Act has no effect.
  27-21        SECTION 25.  (a)  As soon as practicable, but not later than
  27-22  January 1, 1994:
  27-23              (1)  all powers, duties, rights, and obligations of the
  27-24  Texas Alcoholic Beverage Commission relating to the administration
  27-25  and regulation of bingo are transferred to the Texas Lottery
  27-26  Commission;
  27-27              (2)  except as provided by Subsections (b) and (c) of
   28-1  this section, all assets, liabilities, personnel, equipment, data,
   28-2  documents, facilities, and other items of the Texas Alcoholic
   28-3  Beverage Commission relating to the administration and regulation
   28-4  of bingo are transferred to the Texas Lottery Commission; and
   28-5              (3)  any appropriation to the Texas Alcoholic Beverage
   28-6  Commission relating to the administration and regulation of bingo
   28-7  is transferred to the Texas Lottery Commission.
   28-8        (b)  The Texas Alcoholic Beverage Commission may decide
   28-9  whether to transfer to the Texas Lottery Commission:
  28-10              (1)  personnel who perform both duties that relate to
  28-11  bingo regulation and duties that do not relate to bingo regulation;
  28-12  and
  28-13              (2)  assets used both in bingo regulation and
  28-14  activities other than bingo regulation.
  28-15        (c)  The Texas Lottery Commission may decide whether to
  28-16  accept personnel from the Texas Alcoholic Beverage Commission.
  28-17        (d)  The officers and employees of the Texas Alcoholic
  28-18  Beverage Commission  shall cooperate fully with the reorganization.
  28-19        (e)  A transfer of functions under Subsection (a) of this
  28-20  section shall occur on the date specified in an interagency
  28-21  contract between the Texas Lottery Commission and the Texas
  28-22  Alcoholic Beverage Commission.
  28-23        (f)  Notwithstanding the changes made by this Act to the
  28-24  Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes),
  28-25  the Texas Alcoholic Beverage Commission retains all powers and
  28-26  duties relating to the regulation of bingo until the effective date
  28-27  of the transfer under Subsection (a) of this section, and:
   29-1              (1)  a reference in the Bingo Enabling Act (Article
   29-2  179d, Vernon's Texas Civil Statutes) to the Texas Lottery
   29-3  Commission is considered to be a reference to the Texas Alcoholic
   29-4  Beverage Commission until that date; and
   29-5              (2)  a reference in the Bingo Enabling Act (Article
   29-6  179d, Vernon's Texas Civil Statutes) to the executive director of
   29-7  the Texas Lottery Commission is considered to be a reference to the
   29-8  administrator of the Texas Alcoholic Beverage Commission until that
   29-9  date.
  29-10        SECTION 26.  (a)  A change in law made by this Act does not
  29-11  affect:
  29-12              (1)  the validity of any action taken by the Texas
  29-13  Alcoholic Beverage Commission under the Bingo Enabling Act (Article
  29-14  179d, Vernon's Texas Civil Statutes) before the effective date of
  29-15  the change in law; or
  29-16              (2)  a civil, criminal, or administrative proceeding
  29-17  completed before the effective date of this Act.
  29-18        (b)  A change in law made by this Act does not affect the
  29-19  validity of a civil, criminal, or administrative proceeding,
  29-20  including licensing or rulemaking, in progress on the effective
  29-21  date of the change in law.  A civil, criminal, or administrative
  29-22  proceeding under the Bingo Enabling Act (Article 179d, Vernon's
  29-23  Texas Civil Statutes) that is in progress on the effective date of
  29-24  a transfer of functions under Section 25 of this Act continues as
  29-25  if it had been initiated by the Texas Lottery Commission under the
  29-26  law in effect on the effective date of the transfer.
  29-27        (c)  All forms, rules, and procedures adopted by the Texas
   30-1  Alcoholic Beverage Commission for the administration and
   30-2  enforcement of the Bingo Enabling Act (Article 179d, Vernon's Texas
   30-3  Civil Statutes) and in effect on the effective date of a transfer
   30-4  of functions under Section 25 of this Act remain in effect on or
   30-5  after that date as if adopted by the Texas Lottery Commission until
   30-6  the earlier of:
   30-7              (1)  the date the form, rule, or procedure is amended,
   30-8  repealed, withdrawn, or otherwise superseded by the Texas Lottery
   30-9  Commission; or
  30-10              (2)  the first anniversary of the effective date of a
  30-11  transfer of functions under Section 25 of this Act.
  30-12        (d)  Before the first anniversary of the effective date of a
  30-13  transfer of functions under Section 25 of this Act, the Texas
  30-14  Lottery Commission shall review each form, rule, and procedure
  30-15  adopted by the Texas Alcoholic Beverage Commission under the Bingo
  30-16  Enabling Act (Article 179d, Vernon's Texas Civil Statutes) and may
  30-17  specifically adopt any form, rule, or procedure.  A form, rule, or
  30-18  procedure that is not specifically adopted expires as provided by
  30-19  Subsection (c) of this section.
  30-20        (e)  A license issued under the Bingo Enabling Act (Article
  30-21  179d, Vernon's Texas Civil Statutes) and in effect on the effective
  30-22  date of a transfer of functions under Section 25 of this Act
  30-23  remains in effect according to its terms as if issued by the Texas
  30-24  Lottery Commission until the license expires or is revoked or
  30-25  surrendered.
  30-26        (f)  The change in law made by this Act does not affect taxes
  30-27  imposed under the Bingo Enabling Act (Article 179d, Vernon's Texas
   31-1  Civil Statutes) before the effective date of this Act, and the law
   31-2  in effect before the effective date of this Act is continued in
   31-3  effect for purposes of the liability for and collection and
   31-4  allocation of those taxes.  The Texas Alcoholic Beverage
   31-5  Commission, until the transfer of functions under Section 25 of
   31-6  this Act, and the Texas Lottery Commission on and after the
   31-7  transfer, may maintain a suspense account for any county or
   31-8  municipality that imposed a tax under Section 3, Bingo Enabling
   31-9  Act, before the effective date of this Act for not more than one
  31-10  year after the effective date of this Act to cover tax refunds and
  31-11  to redeem dishonored checks and drafts deposited in connection with
  31-12  the taxes imposed by the county or municipality.
  31-13        (g)  A change in law made by this Act applies only to an
  31-14  offense committed on or after September 1, 1993.  For the purposes
  31-15  of this subsection, an offense is committed before September 1,
  31-16  1993, if any element of the offense occurs before that date.
  31-17        (h)  An offense committed before September 1, 1993, is
  31-18  covered by the law in effect when the offense was committed, and
  31-19  the former law is continued in effect for that purpose.
  31-20        SECTION 27.  The importance of this legislation and the
  31-21  crowded condition of the calendars in both houses create an
  31-22  emergency and an imperative public necessity that the
  31-23  constitutional rule requiring bills to be read on three several
  31-24  days in each house be suspended, and this rule is hereby suspended.