H.B. No. 2771
    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    2-7  withdrawn to determine the letters and numbers or other symbols to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.  Section 13(n), Bingo Enabling Act (Article 179d,
   3-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-16        (n)  A commercial license to lease bingo premises to a
   3-17  licensed authorized organization may be issued only to:
   3-18              (1)  an authorized organization licensed to conduct
   3-19  bingo that owns or leases premises on which bingo is or will be
   3-20  conducted or an association of authorized organizations licensed to
   3-21  conduct bingo that jointly own or lease premises on which bingo is
   3-22  or will be conducted and that the organization or association
   3-23  leases or offers for lease to one or more other authorized
   3-24  organizations to conduct bingo;
   3-25              (2)  a person who leases premises to a single licensed
   3-26  authorized organization that subleases or will sublease the
   3-27  premises to one or more other licensed authorized organizations to
    4-1  conduct bingo on the premises; or
    4-2              (3)  a person who leases premises for the total control
    4-3  and exclusive use of only one licensed organization as that
    4-4  organization's primary business office.
    4-5        SECTION 5.  Sections 13(c), (f), and (j), Bingo Enabling Act
    4-6  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
    4-7  as follows:
    4-8        (c)  The commission shall issue to an applicant a license for
    4-9  the conduct of bingo, or a license renewal, on payment of a license
   4-10  fee in accordance with Subdivision (1) of Subsection (d) of this
   4-11  section, if the commission determines that:
   4-12              (1)  the member or members of the applicant designated
   4-13  in the application to conduct bingo are active members of the
   4-14  applicant;
   4-15              (2)  no person under whose name the game or games of
   4-16  bingo will be conducted, and no person who will work at the
   4-17  proposed bingo games, has been convicted of a felony, gambling
   4-18  offense, criminal fraud, or a crime of moral turpitude for which
   4-19  less than 10 years have elapsed since termination of any sentence,
   4-20  parole, mandatory supervision, or probation served for the offense;
   4-21              (3)  the games are to be conducted in accordance with
   4-22  this Act;
   4-23              (4)  the proceeds of the games are to be disposed of as
   4-24  provided by this Act;
   4-25              (5)  <no prize will be offered or given in excess of
   4-26  the limits set by Section 11(e) of this Act in any single game and
   4-27  that the aggregate of all prizes offered and given in all of the
    5-1  games conducted on a single occasion under the license will not
    5-2  exceed the limits set by Section 11(f) of this Act;>
    5-3              <(6)>  the applicant has made and can demonstrate
    5-4  significant progress toward the accomplishment of the purposes of
    5-5  the organization during the 12-month period preceding the date of
    5-6  application for a license or license renewal; and
    5-7              (6) <(7)>  all persons who will conduct, promote, or
    5-8  administer the proposed bingo games are active, bona fide members
    5-9  of the applicant organization and all other persons who will assist
   5-10  in conducting, promoting, or administering the proposed bingo games
   5-11  are persons authorized to do so by Section 19 of this Act.
   5-12        (f)  A person who leases premises on which bingo is conducted
   5-13  is not required to be a licensed commercial lessor unless the
   5-14  person leases directly to a licensed authorized organization <The
   5-15  commission may not issue a license to an applicant seeking to
   5-16  conduct bingo on the premises of a licensed commercial lessor if
   5-17  the premises presently owned or occupied by the applicant are
   5-18  adequate and suitable for conducting bingo games.  The burden is on
   5-19  the applicant to establish by clear and convincing proof that the
   5-20  premises it presently owns or occupies are not adequate and
   5-21  suitable for conducting games.  It is the intent of this subsection
   5-22  to encourage licensed organizations to use their own facilities if
   5-23  possible, to discourage the commercialization of bingo, and to
   5-24  maximize the availability of bingo proceeds for application by an
   5-25  authorized organization to its authorized purposes>.
   5-26        (j)  A license may not be transferred by a licensee, except
   5-27  that, in accordance with commission rules, a licensed commercial
    6-1  lessor who is an individual may transfer the individual's license
    6-2  to a corporation formed by the individual.
    6-3        SECTION 6.  Section 13(o), Bingo Enabling Act (Article 179d,
    6-4  Vernon's Texas Civil Statutes), is amended to read as follows:
    6-5        (o)  Notwithstanding Subsection (n) of this section, a person
    6-6  who was licensed as a commercial lessor on June 10, 1989, whose
    6-7  license has been kept in effect since that date, and who is
    6-8  otherwise eligible for the license may renew the license as a
    6-9  commercial lessor of bingo premises <according to the terms of the
   6-10  license as those terms existed on June 10, 1989>.
   6-11        SECTION 7.  Section 13c, Bingo Enabling Act (Article 179d,
   6-12  Vernon's Texas Civil Statutes), is amended by adding Subsection (k)
   6-13  to read as follows:
   6-14        (k)  The commission shall require the licensee to prominently
   6-15  post the toll-free "800" telephone number established by the Texas
   6-16  Commission on Alcohol and Drug Abuse under Section 461.018, Health
   6-17  and Safety Code, on signs provided by the Texas Council on Problem
   6-18  and Compulsive Gambling near the exit and at other appropriate
   6-19  places on the premises at each bingo occasion.
   6-20        SECTION 8.  The Bingo Enabling Act (Article 179d, Vernon's
   6-21  Texas Civil Statutes) is amended by adding Section 13f to read as
   6-22  follows:
   6-23        Sec. 13f.  ACCESS TO INTERNAL REVENUE SERVICE INFORMATION.
   6-24  (a)  The commission may obtain information relating to a person's
   6-25  qualification for licensing under this Act from the Internal
   6-26  Revenue Service under a contract between the comptroller and the
   6-27  Internal Revenue Service on:
    7-1              (1)  an operator or an applicant to act as an operator
    7-2  of bingo occasions; or
    7-3              (2)  an applicant for a license to act or a person who
    7-4  holds a license to act as a commercial lessor.
    7-5        (b)  All information received by the commission from the
    7-6  Internal Revenue Service is confidential and may only be used as
    7-7  provided by the contract between the comptroller and the Internal
    7-8  Revenue Service under which the information was obtained.
    7-9        (c)  A person commits an offense if the person releases or
   7-10  discloses any information obtained under this section except on
   7-11  court order.  An offense under this subsection is a Class A
   7-12  misdemeanor.
   7-13        (d)  The comptroller shall adopt rules governing the custody
   7-14  and use of information obtained under this section.
   7-15        SECTION 9.  Section 16(e), Bingo Enabling Act (Article 179d,
   7-16  Vernon's Texas Civil Statutes), is amended to read as follows:
   7-17        (e)  After a hearing, the <The> commission may suspend or
   7-18  revoke any license issued under this Act for failure to comply with
   7-19  this Act or a rule adopted by the commission under this Act, or for
   7-20  any reason that would allow or require the commission to refuse to
   7-21  issue or renew a license of the same class.  The commission may
   7-22  summarily suspend a license issued under this Act for failure to
   7-23  comply with this Act or a rule adopted by the commission under this
   7-24  Act if the commission determines that the licensee's continued
   7-25  operation may constitute an immediate threat to the health, safety,
   7-26  morals, or welfare of the public.  The Administrative Procedure and
   7-27  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
    8-1  Statutes) does not apply to the commission in the enforcement and
    8-2  administration of a summary suspension under this section.
    8-3        SECTION 10.  The Bingo Enabling Act (Article 179d, Vernon's
    8-4  Texas Civil Statutes) is amended by adding Sections 16a and 16b to
    8-5  read as follows:
    8-6        Sec. 16a.  ADMINISTRATIVE PENALTIES.  (a)  The commission may
    8-7  assess an administrative penalty against the holder of a license
    8-8  under this Act who violates a provision of this Act or a rule or
    8-9  order adopted by the commission under this Act as provided by this
   8-10  section.
   8-11        (b)  The penalty for each violation may be in an amount not
   8-12  to exceed $1,000.  Each day a violation continues or occurs may be
   8-13  considered a separate violation for purposes of penalty assessment.
   8-14        (c)  In determining the amount of the penalty, the executive
   8-15  director of the commission shall consider:
   8-16              (1)  the seriousness of the violation, including the
   8-17  nature, circumstances, extent, and gravity of the prohibited acts;
   8-18              (2)  the history of previous violations;
   8-19              (3)  the amount necessary to deter future violations;
   8-20              (4)  efforts to correct the violation; and
   8-21              (5)  any other matter that justice may require.
   8-22        (d)  If, after investigation of a possible violation and the
   8-23  facts surrounding that possible violation, the executive director
   8-24  determines that a violation has occurred, the executive director
   8-25  may issue a violation report stating the facts on which the
   8-26  conclusion that a violation occurred is based, recommending that an
   8-27  administrative penalty under this section be imposed on the person
    9-1  charged, and recommending the amount of that proposed penalty.  The
    9-2  executive director shall base the recommended amount of the
    9-3  proposed penalty on the seriousness of the violation determined by
    9-4  consideration of the factors set forth in Subsection (c) of this
    9-5  section.
    9-6        (e)  Not later than the 14th day after the date on which the
    9-7  report is issued, the executive director shall give written notice
    9-8  of the report to the person charged.  The notice shall include a
    9-9  brief summary of the charges, a statement of the amount of the
   9-10  penalty recommended, and a statement of the right of the person
   9-11  charged to a hearing on the occurrence of the violation or the
   9-12  amount of the penalty, or both the occurrence of the violation and
   9-13  the amount of the penalty.
   9-14        (f)  Not later than the 20th day after the date on which
   9-15  notice is received, the person charged may accept the determination
   9-16  of the executive director made under Subsection (d) of this
   9-17  section, including the recommended penalty, or make a written
   9-18  request for a hearing on the determination.
   9-19        (g)  If the person charged with the violation accepts the
   9-20  determination of the executive director, the executive director
   9-21  shall issue an order approving the determination and ordering the
   9-22  payment of the recommended penalty.
   9-23        (h)  If the person charged requests a hearing or fails to
   9-24  timely respond to the notice, the executive director shall set a
   9-25  hearing and give notice of the hearing.  The hearing examiner shall
   9-26  make findings of fact and conclusions of law and promptly issue to
   9-27  the commission a proposal for decision as to the occurrence of the
   10-1  violation, including a recommendation as to the amount of the
   10-2  proposed penalty if a penalty is warranted.  Based on the findings
   10-3  of fact, conclusions of law, and recommendations of the hearing
   10-4  examiner, the executive director by order may find a violation has
   10-5  occurred and may assess a penalty or may find that no violation has
   10-6  occurred.  All proceedings under this subsection are subject to the
   10-7  Administrative Procedure and Texas Register Act (Article 6252-13a,
   10-8  Vernon's Texas Civil Statutes) and its subsequent amendments.
   10-9        (i)  The executive director shall give notice of the
  10-10  executive director's order to the person charged.  The notice shall
  10-11  include:
  10-12              (1)  the findings of fact and conclusions of law
  10-13  separately stated;
  10-14              (2)  the amount of the penalty ordered, if any;
  10-15              (3)  a statement of the right of the person charged to
  10-16  judicial review of the executive director's order, if any; and
  10-17              (4)  other information required by law.
  10-18        (j)  Not later than the 30th day after the date the executive
  10-19  director's order is final as provided by Section 16(c),
  10-20  Administrative Procedure and Texas Register Act (Article 6252-13a,
  10-21  Vernon's Texas Civil Statutes), the person shall:
  10-22              (1)  pay the amount of the penalty;
  10-23              (2)  pay the amount of the penalty and file a petition
  10-24  for judicial review contesting the occurrence of the violation, the
  10-25  amount of the penalty, or both the occurrence of the violation and
  10-26  the amount of the penalty; or
  10-27              (3)  without paying the amount of the penalty, file a
   11-1  petition for judicial review contesting the occurrence of the
   11-2  violation, the amount of the penalty, or both the occurrence of the
   11-3  violation and the amount of the penalty.
   11-4        (k)  Within the 30-day period, a person who acts under
   11-5  Subsection (j)(3) of this section may:
   11-6              (1)  stay enforcement of the penalty by:
   11-7                    (A)  paying the amount of the penalty to the
   11-8  court for placement in an escrow account; or
   11-9                    (B)  giving to the court a supersedeas bond
  11-10  approved by the court for the amount of the penalty and that is
  11-11  effective until all judicial review of the commission's order is
  11-12  final; or
  11-13              (2)  request the court to stay enforcement of the
  11-14  penalty by:
  11-15                    (A)  filing with the court a sworn affidavit of
  11-16  the person stating that the person is financially unable to pay the
  11-17  amount of the penalty and is financially unable to give the
  11-18  supersedeas bond; and
  11-19                    (B)  giving a copy of the affidavit to the
  11-20  executive director by certified mail.
  11-21        (l)  If the executive director receives a copy of an
  11-22  affidavit under Subsection (k)(2) of this section, the executive
  11-23  director may file with the court not later than the fifth day after
  11-24  the date the copy is received a contest to the affidavit.  The
  11-25  court shall hold a hearing on the facts alleged in the affidavit as
  11-26  soon as practicable and shall stay the enforcement of the penalty
  11-27  on finding that the alleged facts are true.  The person who files
   12-1  an affidavit has the burden of proving that the person is
   12-2  financially unable to pay the amount of the penalty and to give a
   12-3  supersedeas bond.
   12-4        (m)  If the person does not pay the amount of the penalty and
   12-5  the enforcement of the penalty is not stayed, the executive
   12-6  director may refer the matter to the attorney general for
   12-7  collection of the amount of the penalty.
   12-8        (n)  Judicial review of the order of the commission:
   12-9              (1)  is instituted by filing a petition as provided by
  12-10  Section 19, Administrative Procedure and Texas Register Act
  12-11  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  12-12  subsequent amendments; and
  12-13              (2)  is under the substantial evidence rule.
  12-14        (o)  If the court sustains the occurrence of the violation,
  12-15  the court may uphold or reduce the amount of the penalty and order
  12-16  the person to pay the full or reduced amount of the penalty.  If
  12-17  the court does not sustain the occurrence of the violation, the
  12-18  court shall order that no penalty is owed.
  12-19        (p)  When the judgment of the court becomes final, the court
  12-20  shall proceed under this subsection.  If the person paid the amount
  12-21  of the penalty and if that amount is reduced or is not upheld by
  12-22  the court, the court shall order that the appropriate amount plus
  12-23  accrued interest be remitted to the person.  The rate of the
  12-24  interest is the rate charged on loans to depository institutions by
  12-25  the New York Federal Reserve Bank, and the interest shall be paid
  12-26  for the period beginning on the date the penalty was paid and
  12-27  ending on the date the penalty is remitted.  If the person gave a
   13-1  supersedeas bond and if the amount of the penalty is not upheld by
   13-2  the court, the court shall order the release of the bond.  If the
   13-3  person gave a supersedeas bond and if the amount of the penalty is
   13-4  reduced, the court shall order the release of the bond after the
   13-5  person pays the amount.
   13-6        (q)  A penalty collected under this section shall be remitted
   13-7  to the comptroller for deposit in the general revenue fund.
   13-8        (r)  All proceedings under this section are subject to the
   13-9  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-10  Vernon's Texas Civil Statutes) and its subsequent amendments.
  13-11        Sec. 16b.  REMEDIES NOT EXCLUSIVE.  The commission may
  13-12  suspend or revoke a license under Section 16(e) of this Act, impose
  13-13  an administrative penalty under Section 16a of this Act, or both,
  13-14  depending on the severity of the violation.
  13-15        SECTION 11.  Sections 19(c) and (d), Bingo Enabling Act
  13-16  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
  13-17  as follows:
  13-18        (c)  Items of expense may not be incurred or paid in
  13-19  connection with the conduct of any game of bingo under any license
  13-20  issued under this Act except those that are reasonable and are
  13-21  necessarily expended for advertising, security, repairs to premises
  13-22  and equipment, bingo supplies and equipment, prizes, stated rental
  13-23  or mortgage and insurance expenses, if any, bookkeeping, legal, or
  13-24  accounting services related to bingo, fees in amounts authorized by
  13-25  the commission for callers, cashiers, and ushers, janitorial
  13-26  services and utility supplies and services, if any, and license
  13-27  fees.  The value of any health insurance or health benefit provided
   14-1  by a licensed authorized organization to an employee may not be
   14-2  included in the amount of a fee authorized by the commission.
   14-3        (d)  <A person may not be an operator for more than one
   14-4  licensed authorized organization, without regard to the person's
   14-5  membership status in licensed authorized organizations.>  The
   14-6  commission may adopt rules restricting involvement in the conduct,
   14-7  promotion, or administration of bingo by a licensed authorized
   14-8  commercial lessor, by a person having an interest in or who is
   14-9  active in a licensed authorized commercial lessor, or by a person
  14-10  related in the first degree by consanguinity or affinity, as
  14-11  determined under Article 5996h, Revised Statutes, to a person
  14-12  having an interest in or active in a licensed authorized commercial
  14-13  lessor, without regard to a person's membership status in a
  14-14  licensed authorized organization.
  14-15        SECTION 12.  Section 19a(k), Bingo Enabling Act (Article
  14-16  179d, Vernon's Texas Civil Statutes), is amended to read as
  14-17  follows:
  14-18        (k)  Before the end of each quarter, each licensed authorized
  14-19  organization shall disburse for charitable purposes an amount not
  14-20  less than 35 percent of the organization's adjusted gross receipts
  14-21  from the last preceding quarter, less the amount of <any credits
  14-22  allowed by rule for bingo gross receipts taxes and> authorized
  14-23  expenses not to exceed six percent of the gross receipts.  For
  14-24  purposes of this subsection, adjusted gross receipts means gross
  14-25  receipts plus any consideration received from the rental of
  14-26  premises for bingo by the authorized organization, less the amount
  14-27  of prizes paid in the preceding quarter.  If a licensed authorized
   15-1  organization fails to meet the requirements of this subsection for
   15-2  a quarter, the commission in applying appropriate sanctions may
   15-3  consider whether, taking into account the amount required to be
   15-4  distributed during that quarter and the three preceding quarters
   15-5  and the charitable distributions for each of those quarters, the
   15-6  organization has distributed a total amount sufficient to have met
   15-7  the 35 percent requirement for that quarter and the three preceding
   15-8  quarters combined.
   15-9        SECTION 13.  Sections 19b(b) and (c), Bingo Enabling Act
  15-10  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
  15-11  as follows:
  15-12        (b)  The fee imposed by this section is five <three> percent
  15-13  of the amount or value of the prize.
  15-14        (c)  A licensed authorized organization shall report and
  15-15  remit the fee imposed by this section at the same time and in the
  15-16  same manner as the gross rentals <receipts> tax under Section 20 of
  15-17  this Act.
  15-18        SECTION 14.  The Bingo Enabling Act (Article 179d, Vernon's
  15-19  Texas Civil Statutes) is amended by adding Section 19c to read as
  15-20  follows:
  15-21        Sec. 19c.  LOCAL SHARE OF FEE ON PRIZES.  (a)  A county or
  15-22  municipality that imposed a gross receipts tax on the conduct of
  15-23  bingo games as of January 1, 1993, is entitled to a share of the
  15-24  fee imposed by Section 19b of this Act.
  15-25        (b)  Except as provided by Subsection (d) of this section, a
  15-26  county to which this section applies is entitled to 50 percent of
  15-27  the fee collected under Section 19b of this Act on a prize awarded
   16-1  at a bingo game conducted in the county.
   16-2        (c)  Except as provided by Subsection (d) of this section, a
   16-3  municipality to which this section applies is entitled to 50
   16-4  percent of the fee collected under Section 19b of this Act on a
   16-5  prize awarded at a bingo game conducted in the municipality.
   16-6        (d)  If a county and municipality are both entitled to a
   16-7  share of the fee imposed by Section 19b of this Act:
   16-8              (1)  the county is entitled to 25 percent of the fee
   16-9  collected under Section 19b of this Act on a prize awarded at a
  16-10  bingo game conducted in the county; and
  16-11              (2)  the municipality is entitled to 25 percent of the
  16-12  fee collected under Section 19b of this Act on a prize awarded at a
  16-13  bingo game conducted in the municipality.
  16-14        SECTION 15.  Section 20, Bingo Enabling Act (Article 179d,
  16-15  Vernon's Texas Civil Statutes), is amended to read as follows:
  16-16        Sec. 20.  REPORTING AND DUE DATE OF TAXES AND FEES.  The
  16-17  taxes and fees authorized or imposed by this Act are due and
  16-18  payable by the licensee or any person conducting bingo games
  16-19  without a license to the state treasurer quarterly on or before the
  16-20  15th day of the month succeeding each calendar quarter.  The report
  16-21  must be filed under oath on forms prescribed by the commission.
  16-22        SECTION 16.  Section 23, Bingo Enabling Act (Article 179d,
  16-23  Vernon's Texas Civil Statutes), is amended to read as follows:
  16-24        Sec. 23.  Report of Receipts, Expenses.  (a)  Each licensee
  16-25  conducting bingo games shall submit quarterly to the commission and
  16-26  to the comptroller of public accounts a report under oath
  16-27  containing the following information:
   17-1              (1)  the amount of the gross receipts derived from the
   17-2  games;
   17-3              (2)  each item of expense incurred or paid;
   17-4              (3)  each item of expenditure made or to be made, the
   17-5  name and address of each person to whom each item has been paid or
   17-6  is to be paid, with a detailed description of the merchandise
   17-7  purchased or the services rendered;
   17-8              (4)  the net proceeds derived from the games;
   17-9              (5)  the use to which the proceeds have been or are to
  17-10  be applied; and
  17-11              (6)  a list of prizes offered and given, with their
  17-12  respective values.
  17-13        (b)  Each licensee shall maintain records to substantiate the
  17-14  contents of each report.
  17-15        (c)  A copy of each report shall be furnished to the
  17-16  appropriate governing body.
  17-17        (d)  A person is not eligible for a license or a license
  17-18  renewal unless all required reports, tax returns, and requested
  17-19  information have been filed in accordance with this Act.
  17-20        (e)  <The commission by rule may provide for different
  17-21  tax-reporting periods and record-keeping procedures for licensees
  17-22  by class based on the amount of gross receipts received by a
  17-23  licensee.>
  17-24        <(f)>  The commission shall make any required reports
  17-25  available to the comptroller of public accounts as the comptroller
  17-26  may direct.
  17-27        SECTION 17.  Section 26, Bingo Enabling Act (Article 179d,
   18-1  Vernon's Texas Civil Statutes), is amended to read as follows:
   18-2        Sec. 26.  TRANSMITTALS, REFUNDS, AND COLLECTIONS.  (a)  The
   18-3  revenue collected from the fee on prizes imposed by Section 19b of
   18-4  this Act and sent to the state shall be deposited to the credit of
   18-5  a special account in the general revenue fund.
   18-6        (b)  The commission shall determine the total amount of
   18-7  revenue deposited in the account from prizes awarded at bingo games
   18-8  in each county and each municipality entitled to a share under
   18-9  Section 19c of this Act.
  18-10        (c)  Quarterly, the commission shall send to each county and
  18-11  municipality entitled under Section 19c of this Act to a share of
  18-12  the fee on prizes the county's or municipality's share as
  18-13  determined under Sections 19c(b)-(d) of this Act.
  18-14        (d)  The commission shall transfer any remaining amounts in
  18-15  the account to a nondedicated account in the general revenue fund.
  18-16        (e)  Each jurisdiction's share of the fee on prizes <all
  18-17  gross receipts taxes> collected under <Section 3 of> this Act <by
  18-18  the commission> shall be transmitted to the treasurer or the
  18-19  officer of the jurisdiction performing the functions of that office
  18-20  by the commission payable to the jurisdiction <periodically as
  18-21  promptly as feasible.  Transmittals required under this Act shall
  18-22  be made at least twice in each state fiscal year>.  The funds so
  18-23  transmitted may be used by the jurisdiction for any purpose for
  18-24  which the general funds of the jurisdiction may be used.
  18-25        <(b)  Before transmitting funds under Subsection (a) of this
  18-26  section, the commission shall deduct two percent of the sum
  18-27  collected from each jurisdiction during such period and shall
   19-1  deposit the funds in the state treasury to the credit of a special
   19-2  fund to be known as the bingo enforcement fund.  The fund may be
   19-3  used only for the administration and enforcement of this Act.>
   19-4        (f) <(c)>  The commission is authorized to retain in the
   19-5  suspense account of any jurisdiction a portion of the
   19-6  jurisdiction's share of the fee on prizes <tax> collected under
   19-7  this Act.  The balance so retained in the suspense account may not
   19-8  exceed five percent of the amount remitted to the jurisdiction.
   19-9  The commission is authorized to make refunds from the suspense
  19-10  account of any jurisdiction for overpayments made to such accounts
  19-11  and to redeem dishonored checks and drafts deposited to the credit
  19-12  of the suspense account of the jurisdiction.
  19-13        (g) <(d)>  When any jurisdiction entitled to a share of the
  19-14  fee on prizes prohibits the conduct of bingo as provided by
  19-15  Sections 4-9 of this Act <imposes the gross receipts tax and
  19-16  thereafter abolishes the tax>, the commission may retain in the
  19-17  suspense account of the jurisdiction for one year five percent of
  19-18  the final remittance to each such jurisdiction at the time of
  19-19  termination of collection of the tax in the jurisdiction to cover
  19-20  possible refunds for overpayment of the tax and to redeem
  19-21  dishonored checks and drafts deposited to the credit of the
  19-22  account.  After one year has elapsed after the effective date of
  19-23  the prohibition of bingo <abolition of the tax> in the
  19-24  jurisdiction, the commission shall remit the balance in the account
  19-25  to the jurisdiction and close the account.
  19-26        (h) <(e)>  Interest earned on all fees on prizes <taxes>
  19-27  collected by the commission under this Act before distribution to
   20-1  the local jurisdiction, including interest earned from the suspense
   20-2  accounts retained under this section, shall be credited to the
   20-3  General Revenue Fund.
   20-4        SECTION 18.  Sections 31, 32, and 33, Bingo Enabling Act
   20-5  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   20-6  as follows:
   20-7        Sec. 31.  Determination if no Return Made.  If any licensee
   20-8  fails to make a required return, or if any person conducts bingo
   20-9  without a license, the commission shall make an estimate of the
  20-10  prizes awarded at each occasion of bingo <gross receipts of the
  20-11  licensee or person conducting bingo without a license> or of the
  20-12  gross rentals received by a licensee for the rental of premises on
  20-13  which bingo is conducted.  The estimate shall be made for the
  20-14  period in respect to which the licensee or other person failed to
  20-15  make a return and shall be based on any information covering any
  20-16  period that is in the possession of the commission or may come into
  20-17  the possession of the commission.  On the basis of this estimate,
  20-18  the commission shall compute and determine the amount required to
  20-19  be paid to the state, adding to the sum a penalty of 10 percent of
  20-20  the amount.  One or more determinations may be made for one or more
  20-21  periods.
  20-22        Sec. 32.  Jeopardy Determination.  (a)  If the commission
  20-23  believes that the collection of any gross rental tax or fee on
  20-24  prizes or any amount of tax or fee on prizes required to be
  20-25  remitted to the state or the amount of any determination will be
  20-26  jeopardized by delay, the commission shall make a determination of
  20-27  the tax or fee on prizes or amount of tax or fee on prizes required
   21-1  to be collected, noting that fact upon the determination.  The
   21-2  amount determined is due and payable immediately.
   21-3        (b)  If the amount specified in the determination is not paid
   21-4  within 20 days after service of notice thereof on the licensee
   21-5  against whom the determination is made, the amount becomes final at
   21-6  the expiration of the 20 days unless a petition for redetermination
   21-7  is filed within the 20 days.  A delinquency penalty of 10 percent
   21-8  of the tax or fee on prizes  or amount of the tax or fee on prizes
   21-9  and interest at the rate of 10 percent a year shall attach to the
  21-10  amount of the tax or fee on prizes or the amount of the tax or fee
  21-11  on prizes required to be collected.
  21-12        Sec. 33.  Application of Tax Laws.  Subtitle B, Title 2, Tax
  21-13  Code, applies to the administration, collection, and enforcement of
  21-14  the gross rentals tax <taxes authorized or> imposed under Section
  21-15  2B of this Act and the fee on prizes imposed under Section 19b of
  21-16  this Act except as modified by this Act.  In applying the
  21-17  provisions <For purposes of the application> of that subtitle to
  21-18  the gross rentals tax <taxes authorized or> imposed under Section
  21-19  2B of this Act and the fee on prizes imposed under Section 19b of
  21-20  this Act only, the fee on prizes is treated as if it were a tax and
  21-21  the powers and duties assigned to the comptroller under that
  21-22  subtitle are assigned to the commission.
  21-23        SECTION 19.  Section 35(a), Bingo Enabling Act (Article 179d,
  21-24  Vernon's Texas Civil Statutes), is amended to read as follows:
  21-25        (a)  A person lawfully conducting or participating in the
  21-26  conduct of bingo or permitting the conduct on any premises owned or
  21-27  leased by him or it under any license lawfully issued under this
   22-1  Act is not liable to prosecution or conviction for violation of any
   22-2  provision of the Penal Code, as amended, or any other law or
   22-3  ordinance to the extent that such conduct is specifically
   22-4  authorized by this Act.  The immunity does not extend to any person
   22-5  knowingly conducting or participating in the conduct of bingo under
   22-6  any license obtained by any false pretense, <or by any> false
   22-7  statement, or material omission made in any application for license
   22-8  or otherwise or permitting the conduct on any premises owned or
   22-9  leased by him or it of any game of bingo conducted under any
  22-10  license known to him or it to have been obtained by any false
  22-11  pretense or statement.
  22-12        SECTION 20.  Section 36, Bingo Enabling Act (Article 179d,
  22-13  Vernon's Texas Civil Statutes), is amended to read as follows:
  22-14        Sec. 36.  OFFENSES; REVOCATION <FORFEITURE> OF LICENSE;
  22-15  INELIGIBILITY TO APPLY FOR LICENSE.  (a)  A person commits an
  22-16  offense and the <forfeits a> license is subject to revocation
  22-17  <issued> under this Act if the person:
  22-18              (1)  makes a false statement or material omission in an
  22-19  application for a license authorized to be issued under this Act;
  22-20              (2)  fails to maintain records that fully and truly
  22-21  record all transactions connected with the conducting of bingo, the
  22-22  leasing of premises to be used for the conduct of bingo, or the
  22-23  manufacture, sale, or distribution of bingo supplies, devices, or
  22-24  equipment;
  22-25              (3)  falsifies or makes any false entry in any books or
  22-26  records so far as they relate to the conduct of bingo, to the
  22-27  disposition of bingo proceeds, to the application of rent received
   23-1  by any authorized organization, or to the gross receipts realized
   23-2  from the manufacture, sale, or distribution of bingo supplies,
   23-3  devices, or equipment;
   23-4              (4)  diverts or pays any portion of the net proceeds of
   23-5  any game of bingo to any person except in furtherance of one or
   23-6  more of the lawful purposes prescribed by this Act; or
   23-7              (5)  violates this Act or a term of a license issued
   23-8  under this Act.
   23-9        (b)  An offense under Subsection (a)(2), (3), or (5) of this
  23-10  section is a Class C misdemeanor, unless it is shown on the trial
  23-11  of the offense that the person has been convicted previously under
  23-12  this section, in which event it is a Class B misdemeanor.  An
  23-13  offense under Subsection (a)(1) or (a)(4) of this section is a
  23-14  Class A misdemeanor.  This subsection does not apply to an offense
  23-15  committed under Section 39(b) or Section 40 of this Act.
  23-16        (c)  A person whose license is revoked <forfeited> under this
  23-17  section may not apply for another license under this Act until one
  23-18  year has elapsed from the date of revocation <forfeiture>.
  23-19        SECTION 21.  Sections 37(a), (b), and (c), Bingo Enabling Act
  23-20  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
  23-21  as follows:
  23-22        (a)  At any time within three years after a person is
  23-23  delinquent in the payment of any amount of required gross rentals
  23-24  tax or fee on prizes due, the commission may collect the amount as
  23-25  provided by this section.
  23-26        (b)  The commission shall seize any property, real or
  23-27  personal, of the person and sell the property, or a sufficient part
   24-1  of it, at public auction to pay the amount due with any interest or
   24-2  penalties on account of the seizure and sale.  Any seizure made to
   24-3  collect the gross rentals <a> tax or the fee on prizes due shall be
   24-4  only of property of the licensee not exempt from execution under
   24-5  the laws of this state.
   24-6        (c)  Notice of the sale and the time and place of the sale
   24-7  shall be given to the delinquent person in writing at least 20 days
   24-8  before the date set for the sale as provided by this subsection.
   24-9  The notice shall be enclosed in an envelope addressed to the
  24-10  person<, in case of a sale for limited sales tax due,> at his last
  24-11  known address or place of business<, and in case of a sale for use
  24-12  taxes due, at his last known residence or place of business in this
  24-13  state>.  It shall be deposited in the United States mail, postage
  24-14  prepaid.  The notice shall also be published for at least 10 days
  24-15  before the date set for the sale in a newspaper of general
  24-16  circulation published in the county in which the property seized is
  24-17  to be sold.  If there is no newspaper of general circulation in the
  24-18  county, notice shall be posted in three public places in the county
  24-19  at least 20 days before the date set for the sale.  The notice
  24-20  shall contain a description of the property to be sold, a statement
  24-21  of the amount due, including interest, penalties, and costs, the
  24-22  name of the delinquent, and the further statement that unless the
  24-23  amount due, interest, penalties, and costs are paid on or before
  24-24  the time fixed in the notice for the sale, the property, or so much
  24-25  of it as may be necessary, will be sold in accordance with the law
  24-26  and the notice.
  24-27        SECTION 22.  Section 38, Bingo Enabling Act (Article 179d,
   25-1  Vernon's Texas Civil Statutes), is amended to read as follows:
   25-2        Sec. 38.  Bonds or Securities.  (a)  Each licensee under this
   25-3  Act shall furnish to the commission a cash bond, a bond from a
   25-4  surety company chartered or authorized to do business in this
   25-5  state, certificates of deposit, certificates of savings or U.S.
   25-6  treasury bonds or, subject to the discretion and approval of the
   25-7  commission, an assignment of negotiable stocks or bonds, or such
   25-8  other security as the commission may deem sufficient to secure the
   25-9  payment of required tax on gross rentals or fee on prizes <taxes>
  25-10  under this Act.  The commission shall fix the amount of the bond or
  25-11  security in each case, taking into consideration the amount of
  25-12  money that has or is expected to become due from the licensee under
  25-13  this Act.  The amount of the bond or security required by the
  25-14  commission may not exceed three times the amount of the licensee's
  25-15  average quarterly reports.
  25-16        (b)  On failure to pay the gross rentals tax or the fee on
  25-17  prizes <taxes> imposed under this Act, the commission may notify
  25-18  both the licensee and any surety of the delinquency by jeopardy or
  25-19  deficiency determination.  If payment is not made when due, the
  25-20  commission may forfeit the bond or security or any part thereof.
  25-21        (c)  If the licensee ceases to conduct bingo games and
  25-22  relinquishes his license, the commission shall authorize the
  25-23  release of all bonds and security on a determination that no
  25-24  amounts of gross rentals tax or fee on prizes remain due and
  25-25  payable under this Act.
  25-26        SECTION 23.  Section 39(b), Bingo Enabling Act (Article 179d,
  25-27  Vernon's Texas Civil Statutes), is amended to read as follows:
   26-1        (b)  Any person conducting, promoting, or administering a
   26-2  game commits a felony of the third degree unless the person is
   26-3  conducting, promoting, or administering a game:
   26-4              (1)  in accordance with a valid license issued under
   26-5  this Act;
   26-6              (2)  within the confines of a home for purposes of
   26-7  amusement or recreation when:
   26-8                    (A)  no player or other person furnishes anything
   26-9  of more than nominal value for the opportunity to participate;
  26-10                    (B)  participation in the game does not exceed 15
  26-11  players; and
  26-12                    (C)  the prizes awarded or to be awarded are
  26-13  nominal;
  26-14              (3)  on behalf of an organization of persons 60 years
  26-15  of age or over, a senior citizens' association, a senior citizens'
  26-16  community center program operated or funded by a governmental
  26-17  entity, or the patients in a hospital or nursing home or residents
  26-18  of a retirement home solely for the purpose of amusement and
  26-19  recreation of its members, residents, or patients, when:
  26-20                    (A)  no player or other person furnishes anything
  26-21  of more than nominal value for the opportunity to participate; and
  26-22                    (B)  the prizes awarded or to be awarded are
  26-23  nominal; or
  26-24              (4)  on behalf of a business conducting the game for
  26-25  promotional or advertising purposes if:
  26-26                    (A)  the game is conducted by or through a
  26-27  newspaper or a radio or television station;
   27-1                    (B)  participation in the game is open to the
   27-2  general public and is not limited to customers of the business;
   27-3                    (C)  playing materials are furnished without
   27-4  charge to any person on request; and
   27-5                    (D)  no player is required to furnish anything of
   27-6  value for the opportunity to participate.
   27-7        SECTION 24.  The Bingo Enabling Act (Article 179d, Vernon's
   27-8  Texas Civil Statutes) is amended by adding Section 43 to read as
   27-9  follows:
  27-10        Sec. 43.  BINGO ADVISORY COMMITTEE.  (a)  The commission may
  27-11  appoint a bingo advisory committee consisting of nine members.  The
  27-12  committee members shall be appointed to represent a balance of
  27-13  interests including representatives of:
  27-14              (1)  the general public;
  27-15              (2)  charities that operate bingo games; and
  27-16              (3)  commercial and charity lessors that participate in
  27-17  the bingo industry.
  27-18        (b)  A bingo advisory committee member serves at the pleasure
  27-19  of the commission.  A member of the committee is not entitled to
  27-20  receive compensation for serving as a member.  A member is entitled
  27-21  to reimbursement for reasonable expenses incurred in performing
  27-22  duties as a member of the committee.
  27-23        (c)  The bingo advisory committee may:
  27-24              (1)  advise the commission on the needs and problems of
  27-25  the state's bingo industry;
  27-26              (2)  comment on rules involving bingo during their
  27-27  development and before their final adoption unless an emergency
   28-1  requires immediate action by the commission;
   28-2              (3)  report annually to the commission on the
   28-3  committee's activities; and
   28-4              (4)  perform other duties as determined by the
   28-5  commission.
   28-6        (d)  The bingo advisory committee may meet quarterly or as
   28-7  requested by the commission.
   28-8        (e)  The commission may adopt rules to govern the operations
   28-9  of the bingo advisory committee.
  28-10        SECTION 25.  Section 112.058, Tax Code, is amended by adding
  28-11  Subsection (f) to read as follows:
  28-12        (f)  All protest payments of taxes imposed by and collected
  28-13  for the state under the Bingo Enabling Act (Article 179d, Vernon's
  28-14  Texas Civil Statutes) that become due on or after September 1,
  28-15  1993, are governed by Subchapter J, Chapter 403, Government Code.
  28-16        SECTION 26.  Sections 2A, 3, 4(b), 13(p), 13c(j), 16(c), 21,
  28-17  and 22, Bingo Enabling Act (Article 179d, Vernon's Texas Civil
  28-18  Statutes), are repealed.
  28-19        SECTION 27.  This Act takes effect September 1, 1993, except
  28-20  that Section 16 of this Act takes effect October 1, 1993, but only
  28-21  if H.B. No. 1587, 73rd Legislature, Regular Session, 1993, or S.B.
  28-22  No. 550, 73rd Legislature, Regular Session, 1993, is enacted and
  28-23  becomes law.  If neither H.B. No. 1587, 73rd Legislature, Regular
  28-24  Session, 1993, nor S.B. No. 550, 73rd Legislature, Regular Session,
  28-25  1993, is enacted and becomes law, this Act has no effect.
  28-26        SECTION 28.  (a)  As soon as practicable after the commission
  28-27  appoints an executive director or acting executive director, but
   29-1  not later than April 1, 1994:
   29-2              (1)  all powers, duties, rights, and obligations of the
   29-3  Texas Alcoholic Beverage Commission relating to the administration
   29-4  and regulation of bingo are transferred to the Texas Lottery
   29-5  Commission;
   29-6              (2)  except as provided by Subsections (b) and (c) of
   29-7  this section, all assets, liabilities, personnel, equipment, data,
   29-8  documents, facilities, and other items of the Texas Alcoholic
   29-9  Beverage Commission relating to the administration and regulation
  29-10  of bingo are transferred to the Texas Lottery Commission; and
  29-11              (3)  any appropriation to the Texas Alcoholic Beverage
  29-12  Commission relating to the administration and regulation of bingo
  29-13  is transferred to the Texas Lottery Commission.
  29-14        (b)  The Texas Alcoholic Beverage Commission may decide
  29-15  whether to transfer to the Texas Lottery Commission:
  29-16              (1)  personnel who perform both duties that relate to
  29-17  bingo regulation and duties that do not relate to bingo regulation;
  29-18  and
  29-19              (2)  assets used both in bingo regulation and
  29-20  activities other than bingo regulation.
  29-21        (c)  The Texas Lottery Commission may decide whether to
  29-22  accept personnel from the Texas Alcoholic Beverage Commission.
  29-23        (d)  The officers and employees of the Texas Alcoholic
  29-24  Beverage Commission  shall cooperate fully with the reorganization.
  29-25        (e)  A transfer of functions under Subsection (a) of this
  29-26  section shall occur on the date specified in an interagency
  29-27  contract between the Texas Lottery Commission and the Texas
   30-1  Alcoholic Beverage Commission.
   30-2        (f)  Notwithstanding the changes made by this Act to the
   30-3  Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes),
   30-4  the Texas Alcoholic Beverage Commission retains all powers and
   30-5  duties relating to the regulation of bingo until the effective date
   30-6  of the transfer under Subsection (a) of this section, and:
   30-7              (1)  a reference in the Bingo Enabling Act (Article
   30-8  179d, Vernon's Texas Civil Statutes) to the Texas Lottery
   30-9  Commission is considered to be a reference to the Texas Alcoholic
  30-10  Beverage Commission until that date; and
  30-11              (2)  a reference in the Bingo Enabling Act (Article
  30-12  179d, Vernon's Texas Civil Statutes) to the executive director of
  30-13  the Texas Lottery Commission is considered to be a reference to the
  30-14  administrator of the Texas Alcoholic Beverage Commission until that
  30-15  date.
  30-16        SECTION 29.  (a)  A change in law made by this Act does not
  30-17  affect:
  30-18              (1)  the validity of any action taken by the Texas
  30-19  Alcoholic Beverage Commission under the Bingo Enabling Act (Article
  30-20  179d, Vernon's Texas Civil Statutes) before the effective date of
  30-21  the change in law; or
  30-22              (2)  a civil, criminal, or administrative proceeding
  30-23  completed before the effective date of this Act.
  30-24        (b)  A change in law made by this Act does not affect the
  30-25  validity of a civil, criminal, or administrative proceeding,
  30-26  including licensing or rulemaking, in progress on the effective
  30-27  date of the change in law.  A civil, criminal, or administrative
   31-1  proceeding under the Bingo Enabling Act (Article 179d, Vernon's
   31-2  Texas Civil Statutes) that is in progress on the effective date of
   31-3  a transfer of functions under Section 28 of this Act continues as
   31-4  if it had been initiated by the Texas Lottery Commission under the
   31-5  law in effect on the effective date of the transfer.
   31-6        (c)  All forms, rules, and procedures adopted by the Texas
   31-7  Alcoholic Beverage Commission for the administration and
   31-8  enforcement of the Bingo Enabling Act (Article 179d, Vernon's Texas
   31-9  Civil Statutes) and in effect on the effective date of a transfer
  31-10  of functions under Section 28 of this Act remain in effect on or
  31-11  after that date as if adopted by the Texas Lottery Commission until
  31-12  the earlier of:
  31-13              (1)  the date the form, rule, or procedure is amended,
  31-14  repealed, withdrawn, or otherwise superseded by the Texas Lottery
  31-15  Commission; or
  31-16              (2)  the first anniversary of the effective date of a
  31-17  transfer of functions under Section 28 of this Act.
  31-18        (d)  Before the first anniversary of the effective date of a
  31-19  transfer of functions under Section 28 of this Act, the Texas
  31-20  Lottery Commission shall review each form, rule, and procedure
  31-21  adopted by the Texas Alcoholic Beverage Commission under the Bingo
  31-22  Enabling Act (Article 179d, Vernon's Texas Civil Statutes) and may
  31-23  specifically adopt any form, rule, or procedure.  A form, rule, or
  31-24  procedure that is not specifically adopted expires as provided by
  31-25  Subsection (c) of this section.
  31-26        (e)  A license issued under the Bingo Enabling Act (Article
  31-27  179d, Vernon's Texas Civil Statutes) and in effect on the effective
   32-1  date of a transfer of functions under Section 28 of this Act
   32-2  remains in effect according to its terms as if issued by the Texas
   32-3  Lottery Commission until the license expires or is revoked or
   32-4  surrendered.
   32-5        (f)  The change in law made by this Act does not affect taxes
   32-6  imposed under the Bingo Enabling Act (Article 179d, Vernon's Texas
   32-7  Civil Statutes) before the effective date of this Act, and the law
   32-8  in effect before the effective date of this Act is continued in
   32-9  effect for purposes of the liability for and collection and
  32-10  allocation of those taxes.  The Texas Alcoholic Beverage
  32-11  Commission, until the transfer of functions under Section 28 of
  32-12  this Act, and the Texas Lottery Commission on and after the
  32-13  transfer, may maintain a suspense account for any county or
  32-14  municipality that imposed a tax under Section 3, Bingo Enabling
  32-15  Act, before the effective date of this Act for not more than one
  32-16  year after the effective date of this Act to cover tax refunds and
  32-17  to redeem dishonored checks and drafts deposited in connection with
  32-18  the taxes imposed by the county or municipality.
  32-19        (g)  A change in law made by this Act applies only to an
  32-20  offense committed on or after September 1, 1993.  For the purposes
  32-21  of this subsection, an offense is committed before September 1,
  32-22  1993, if any element of the offense occurs before that date.
  32-23        (h)  An offense committed before September 1, 1993, is
  32-24  covered by the law in effect when the offense was committed, and
  32-25  the former law is continued in effect for that purpose.
  32-26        SECTION 30.  The importance of this legislation and the
  32-27  crowded condition of the calendars in both houses create an
   33-1  emergency and an imperative public necessity that the
   33-2  constitutional rule requiring bills to be read on three several
   33-3  days in each house be suspended, and this rule is hereby suspended.