1-1 By: Cain (Senate Sponsor - Harris of Dallas) H.B. No. 2771
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on State
1-4 Affairs; May 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; May 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 2771 By: Harris of Dallas
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the regulation of bingo; providing penalties; imposing
1-26 taxes.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Sections 2(10), (20), and (22), Bingo Enabling
1-29 Act (Article 179d, Vernon's Texas Civil Statutes), are amended to
1-30 read as follows:
1-31 (10) "Net proceeds" means:
1-32 (A) in relation to the gross receipts from one
1-33 or more occasions of bingo, the amount that remains after deducting
1-34 the reasonable sums necessarily and actually expended for
1-35 advertising, security, repairs to premises and equipment, bingo
1-36 supplies and equipment, prizes, stated rental, or mortgage and
1-37 insurance expenses, if any, bookkeeping, legal, or accounting
1-38 services, fees for personnel as permitted under Subsection (c) of
1-39 Section 19 of this Act, janitorial services and utility supplies
1-40 and services, if any, license fees, and the fee on prizes imposed
1-41 by Section 19b of this Act <gross receipts tax>; and
1-42 (B) in relation to the gross rent or other
1-43 consideration received by an organization licensed to conduct bingo
1-44 for the use of its premises, fixtures, or equipment by another
1-45 licensee, the amount that remains after deducting the reasonable
1-46 sums necessarily and actually expended for janitorial services and
1-47 utility supplies directly attributable to the use of the premises,
1-48 fixtures, or equipment, if any.
1-49 (20) "Commission" means the Texas Lottery <Alcoholic
1-50 Beverage> Commission.
1-51 (22) "Bingo equipment" means equipment actually used,
1-52 made, or sold for the purpose of use in bingo games and includes
1-53 machines or other devices from which balls or other items are
1-54 withdrawn to determine the letters and numbers or other symbols to
1-55 be called, the balls or items themselves, bingo cards, and any
1-56 other device commonly used in the direct operation of the game.
1-57 "Bingo equipment" does not include:
1-58 (A) a bingo game set commonly manufactured and
1-59 sold as a child's game for a retail price of $20 or less unless the
1-60 set or a part of the set is actually used in a bingo game subject
1-61 to regulation under this Act; or
1-62 (B) commonly available component parts of bingo
1-63 equipment such as light bulbs, fuses, or bingo balls.
1-64 SECTION 2. Sections 11(f) and (t), Bingo Enabling Act
1-65 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
1-66 as follows:
1-67 (f) A series of prizes offered or awarded on any one bingo
1-68 occasion for bingo games other than instant bingo may not aggregate
2-1 more than $2,500. <A series of prizes offered or awarded on any
2-2 one bingo occasion for games of instant bingo may not aggregate
2-3 more than $1,500.>
2-4 (t) With the prior written consent of the commission, a
2-5 licensed authorized organization may make an occasional sale of
2-6 bingo cards or of a used bingo flashboard or blower to another
2-7 licensed authorized organization.
2-8 SECTION 3. Section 12(d), Bingo Enabling Act (Article 179d,
2-9 Vernon's Texas Civil Statutes), is amended to read as follows:
2-10 (d) An authorized organization may receive a temporary
2-11 license for the conduct of bingo games on filing with the
2-12 commission an application, on a form prescribed by the commission,
2-13 accompanied by a $25 license fee. A temporary license is valid for
2-14 four hours during any one day. An organization may receive no more
2-15 than six temporary licenses in a calendar year. An organization
2-16 operating under a temporary license is subject to the taxes and
2-17 fees <gross receipts tax> authorized or imposed by this Act and the
2-18 other provisions of this Act to the extent they can be made
2-19 applicable.
2-20 SECTION 4. Section 13(n), Bingo Enabling Act (Article 179d,
2-21 Vernon's Texas Civil Statutes), is amended to read as follows:
2-22 (n) A commercial license to lease bingo premises to a
2-23 licensed authorized organization may be issued only to:
2-24 (1) an authorized organization licensed to conduct
2-25 bingo that owns or leases premises on which bingo is or will be
2-26 conducted or an association of authorized organizations licensed to
2-27 conduct bingo that jointly own premises on which bingo is or will
2-28 be conducted and that the organization or association leases or
2-29 offers for lease to one or more other authorized organizations to
2-30 conduct bingo;
2-31 (2) a person who leases premises to a single licensed
2-32 authorized organization that subleases or will sublease the
2-33 premises to one or more other licensed authorized organizations to
2-34 conduct bingo on the premises; or
2-35 (3) a person who leases premises for the total control
2-36 and exclusive use of only one licensed organization as that
2-37 organization's primary business office.
2-38 SECTION 5. Sections 13(c), (f), and (j), Bingo Enabling Act
2-39 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
2-40 as follows:
2-41 (c) The commission shall issue to an applicant a license for
2-42 the conduct of bingo, or a license renewal, on payment of a license
2-43 fee in accordance with Subdivision (1) of Subsection (d) of this
2-44 section, if the commission determines that:
2-45 (1) the member or members of the applicant designated
2-46 in the application to conduct bingo are active members of the
2-47 applicant;
2-48 (2) no person under whose name the game or games of
2-49 bingo will be conducted, and no person who will work at the
2-50 proposed bingo games, has been convicted of a felony, gambling
2-51 offense, criminal fraud, or a crime of moral turpitude for which
2-52 less than 10 years have elapsed since termination of any sentence,
2-53 parole, mandatory supervision, or probation served for the offense;
2-54 (3) the games are to be conducted in accordance with
2-55 this Act;
2-56 (4) the proceeds of the games are to be disposed of as
2-57 provided by this Act;
2-58 (5) <no prize will be offered or given in excess of
2-59 the limits set by Section 11(e) of this Act in any single game and
2-60 that the aggregate of all prizes offered and given in all of the
2-61 games conducted on a single occasion under the license will not
2-62 exceed the limits set by Section 11(f) of this Act;>
2-63 <(6)> the applicant has made and can demonstrate
2-64 significant progress toward the accomplishment of the purposes of
2-65 the organization during the 12-month period preceding the date of
2-66 application for a license or license renewal; and
2-67 (6) <(7)> all persons who will conduct, promote, or
2-68 administer the proposed bingo games are active, bona fide members
2-69 of the applicant organization and all other persons who will assist
2-70 in conducting, promoting, or administering the proposed bingo games
3-1 are persons authorized to do so by Section 19 of this Act.
3-2 (f) A person who leases premises on which bingo is conducted
3-3 is not required to be a licensed commercial lessor unless the
3-4 person leases directly to a licensed authorized organization <The
3-5 commission may not issue a license to an applicant seeking to
3-6 conduct bingo on the premises of a licensed commercial lessor if
3-7 the premises presently owned or occupied by the applicant are
3-8 adequate and suitable for conducting bingo games. The burden is on
3-9 the applicant to establish by clear and convincing proof that the
3-10 premises it presently owns or occupies are not adequate and
3-11 suitable for conducting games. It is the intent of this subsection
3-12 to encourage licensed organizations to use their own facilities if
3-13 possible, to discourage the commercialization of bingo, and to
3-14 maximize the availability of bingo proceeds for application by an
3-15 authorized organization to its authorized purposes>.
3-16 (j) A license may not be transferred by a licensee, except
3-17 that, in accordance with commission rules, a licensed commercial
3-18 lessor who is an individual may transfer the individual's license
3-19 to a corporation formed by the individual.
3-20 SECTION 6. Section 13(o), Bingo Enabling Act (Article 179d,
3-21 Vernon's Texas Civil Statutes), is amended to read as follows:
3-22 (o) Notwithstanding Subsection (n) of this section, a person
3-23 who was licensed as a commercial lessor on June 10, 1989, whose
3-24 license has been kept in effect since that date, and who is
3-25 otherwise eligible for the license may renew the license as a
3-26 commercial lessor of bingo premises <according to the terms of the
3-27 license as those terms existed on June 10, 1989>.
3-28 SECTION 7. Section 13c, Bingo Enabling Act (Article 179d,
3-29 Vernon's Texas Civil Statutes), is amended by adding Subsection (k)
3-30 to read as follows:
3-31 (k) The commission shall require the licensee to prominently
3-32 post the toll-free "800" telephone number established by the Texas
3-33 Commission on Alcohol and Drug Abuse under Section 461.018, Health
3-34 and Safety Code, on signs provided by the Texas Council on Problem
3-35 and Compulsive Gambling near the exit and at other appropriate
3-36 places on the premises at each bingo occasion.
3-37 SECTION 8. The Bingo Enabling Act (Article 179d, Vernon's
3-38 Texas Civil Statutes) is amended by adding Section 13f to read as
3-39 follows:
3-40 Sec. 13f. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION.
3-41 (a) The commission may obtain information relating to a person's
3-42 qualification for licensing under this Act from the Internal
3-43 Revenue Service under a contract between the comptroller and the
3-44 Internal Revenue Service on:
3-45 (1) an operator or an applicant to act as an operator
3-46 of bingo occasions; or
3-47 (2) an applicant for a license to act or a person who
3-48 holds a license to act as a commercial lessor.
3-49 (b) All information received by the commission from the
3-50 Internal Revenue Service is confidential and may only be used as
3-51 provided by the contract between the comptroller and the Internal
3-52 Revenue Service under which the information was obtained.
3-53 (c) A person commits an offense if the person releases or
3-54 discloses any information obtained under this section except on
3-55 court order. An offense under this subsection is a Class A
3-56 misdemeanor.
3-57 (d) The comptroller shall adopt rules governing the custody
3-58 and use of information obtained under this section.
3-59 SECTION 9. Section 16(e), Bingo Enabling Act (Article 179d,
3-60 Vernon's Texas Civil Statutes), is amended to read as follows:
3-61 (e) After a hearing, the <The> commission may suspend or
3-62 revoke any license issued under this Act for failure to comply with
3-63 this Act or a rule adopted by the commission under this Act, or for
3-64 any reason that would allow or require the commission to refuse to
3-65 issue or renew a license of the same class. The commission may
3-66 summarily suspend a license issued under this Act for failure to
3-67 comply with this Act or a rule adopted by the commission under this
3-68 Act if the commission determines that the licensee's continued
3-69 operation may constitute an immediate threat to the health, safety,
3-70 morals, or welfare of the public. The Administrative Procedure and
4-1 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-2 Statutes) does not apply to the commission in the enforcement and
4-3 administration of a summary suspension under this section.
4-4 SECTION 10. The Bingo Enabling Act (Article 179d, Vernon's
4-5 Texas Civil Statutes) is amended by adding Sections 16a and 16b to
4-6 read as follows:
4-7 Sec. 16a. ADMINISTRATIVE PENALTIES. (a) The commission may
4-8 assess an administrative penalty against the holder of a license
4-9 under this Act who violates a provision of this Act or a rule or
4-10 order adopted by the commission under this Act as provided by this
4-11 section.
4-12 (b) The penalty for each violation may be in an amount not
4-13 to exceed $1,000. Each day a violation continues or occurs may be
4-14 considered a separate violation for purposes of penalty assessment.
4-15 (c) In determining the amount of the penalty, the executive
4-16 director of the commission shall consider:
4-17 (1) the seriousness of the violation, including the
4-18 nature, circumstances, extent, and gravity of the prohibited acts;
4-19 (2) the history of previous violations;
4-20 (3) the amount necessary to deter future violations;
4-21 (4) efforts to correct the violation; and
4-22 (5) any other matter that justice may require.
4-23 (d) If, after investigation of a possible violation and the
4-24 facts surrounding that possible violation, the executive director
4-25 determines that a violation has occurred, the executive director
4-26 may issue a violation report stating the facts on which the
4-27 conclusion that a violation occurred is based, recommending that an
4-28 administrative penalty under this section be imposed on the person
4-29 charged, and recommending the amount of that proposed penalty. The
4-30 executive director shall base the recommended amount of the
4-31 proposed penalty on the seriousness of the violation determined by
4-32 consideration of the factors set forth in Subsection (c) of this
4-33 section.
4-34 (e) Not later than the 14th day after the date on which the
4-35 report is issued, the executive director shall give written notice
4-36 of the report to the person charged. The notice shall include a
4-37 brief summary of the charges, a statement of the amount of the
4-38 penalty recommended, and a statement of the right of the person
4-39 charged to a hearing on the occurrence of the violation or the
4-40 amount of the penalty, or both the occurrence of the violation and
4-41 the amount of the penalty.
4-42 (f) Not later than the 20th day after the date on which
4-43 notice is received, the person charged may accept the determination
4-44 of the executive director made under Subsection (d) of this
4-45 section, including the recommended penalty, or make a written
4-46 request for a hearing on the determination.
4-47 (g) If the person charged with the violation accepts the
4-48 determination of the executive director, the executive director
4-49 shall issue an order approving the determination and ordering the
4-50 payment of the recommended penalty.
4-51 (h) If the person charged requests a hearing or fails to
4-52 timely respond to the notice, the executive director shall set a
4-53 hearing and give notice of the hearing. The hearing examiner shall
4-54 make findings of fact and conclusions of law and promptly issue to
4-55 the commission a proposal for decision as to the occurrence of the
4-56 violation, including a recommendation as to the amount of the
4-57 proposed penalty if a penalty is warranted. Based on the findings
4-58 of fact, conclusions of law, and recommendations of the hearing
4-59 examiner, the executive director by order may find a violation has
4-60 occurred and may assess a penalty or may find that no violation has
4-61 occurred. All proceedings under this subsection are subject to the
4-62 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-63 Vernon's Texas Civil Statutes) and its subsequent amendments.
4-64 (i) The executive director shall give notice of the
4-65 executive director's order to the person charged. The notice shall
4-66 include:
4-67 (1) the findings of fact and conclusions of law
4-68 separately stated;
4-69 (2) the amount of the penalty ordered, if any;
4-70 (3) a statement of the right of the person charged to
5-1 judicial review of the executive director's order, if any; and
5-2 (4) other information required by law.
5-3 (j) Not later than the 30th day after the date the executive
5-4 director's order is final as provided by Section 16(c),
5-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
5-6 Vernon's Texas Civil Statutes), the person shall:
5-7 (1) pay the amount of the penalty;
5-8 (2) pay the amount of the penalty and file a petition
5-9 for judicial review contesting the occurrence of the violation, the
5-10 amount of the penalty, or both the occurrence of the violation and
5-11 the amount of the penalty; or
5-12 (3) without paying the amount of the penalty, file a
5-13 petition for judicial review contesting the occurrence of the
5-14 violation, the amount of the penalty, or both the occurrence of the
5-15 violation and the amount of the penalty.
5-16 (k) Within the 30-day period, a person who acts under
5-17 Subsection (j)(3) of this section may:
5-18 (1) stay enforcement of the penalty by:
5-19 (A) paying the amount of the penalty to the
5-20 court for placement in an escrow account; or
5-21 (B) giving to the court a supersedeas bond
5-22 approved by the court for the amount of the penalty and that is
5-23 effective until all judicial review of the commission's order is
5-24 final; or
5-25 (2) request the court to stay enforcement of the
5-26 penalty by:
5-27 (A) filing with the court a sworn affidavit of
5-28 the person stating that the person is financially unable to pay the
5-29 amount of the penalty and is financially unable to give the
5-30 supersedeas bond; and
5-31 (B) giving a copy of the affidavit to the
5-32 executive director by certified mail.
5-33 (l) If the executive director receives a copy of an
5-34 affidavit under Subsection (k)(2) of this section, the executive
5-35 director may file with the court not later than the fifth day after
5-36 the date the copy is received a contest to the affidavit. The
5-37 court shall hold a hearing on the facts alleged in the affidavit as
5-38 soon as practicable and shall stay the enforcement of the penalty
5-39 on finding that the alleged facts are true. The person who files
5-40 an affidavit has the burden of proving that the person is
5-41 financially unable to pay the amount of the penalty and to give a
5-42 supersedeas bond.
5-43 (m) If the person does not pay the amount of the penalty and
5-44 the enforcement of the penalty is not stayed, the executive
5-45 director may refer the matter to the attorney general for
5-46 collection of the amount of the penalty.
5-47 (n) Judicial review of the order of the commission:
5-48 (1) is instituted by filing a petition as provided by
5-49 Section 19, Administrative Procedure and Texas Register Act
5-50 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
5-51 subsequent amendments; and
5-52 (2) is under the substantial evidence rule.
5-53 (o) If the court sustains the occurrence of the violation,
5-54 the court may uphold or reduce the amount of the penalty and order
5-55 the person to pay the full or reduced amount of the penalty. If
5-56 the court does not sustain the occurrence of the violation, the
5-57 court shall order that no penalty is owed.
5-58 (p) When the judgment of the court becomes final, the court
5-59 shall proceed under this subsection. If the person paid the amount
5-60 of the penalty and if that amount is reduced or is not upheld by
5-61 the court, the court shall order that the appropriate amount plus
5-62 accrued interest be remitted to the person. The rate of the
5-63 interest is the rate charged on loans to depository institutions by
5-64 the New York Federal Reserve Bank, and the interest shall be paid
5-65 for the period beginning on the date the penalty was paid and
5-66 ending on the date the penalty is remitted. If the person gave a
5-67 supersedeas bond and if the amount of the penalty is not upheld by
5-68 the court, the court shall order the release of the bond. If the
5-69 person gave a supersedeas bond and if the amount of the penalty is
5-70 reduced, the court shall order the release of the bond after the
6-1 person pays the amount.
6-2 (q) A penalty collected under this section shall be remitted
6-3 to the comptroller for deposit in the general revenue fund.
6-4 (r) All proceedings under this section are subject to the
6-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
6-6 Vernon's Texas Civil Statutes) and its subsequent amendments.
6-7 Sec. 16b. REMEDIES NOT EXCLUSIVE. The commission may
6-8 suspend or revoke a license under Section 16(e) of this Act, impose
6-9 an administrative penalty under Section 16a of this Act, or both,
6-10 depending on the severity of the violation.
6-11 SECTION 11. Sections 19(c) and (d), Bingo Enabling Act
6-12 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
6-13 as follows:
6-14 (c) Items of expense may not be incurred or paid in
6-15 connection with the conduct of any game of bingo under any license
6-16 issued under this Act except those that are reasonable and are
6-17 necessarily expended for advertising, security, repairs to premises
6-18 and equipment, bingo supplies and equipment, prizes, stated rental
6-19 or mortgage and insurance expenses, if any, bookkeeping, legal, or
6-20 accounting services related to bingo, fees in amounts authorized by
6-21 the commission for callers, cashiers, and ushers, janitorial
6-22 services and utility supplies and services, if any, and license
6-23 fees. The value of any health insurance or health benefit provided
6-24 by a licensed authorized organization to an employee may not be
6-25 included in the amount of a fee authorized by the commission.
6-26 (d) <A person may not be an operator for more than one
6-27 licensed authorized organization, without regard to the person's
6-28 membership status in licensed authorized organizations.> The
6-29 commission may adopt rules restricting involvement in the conduct,
6-30 promotion, or administration of bingo by a licensed authorized
6-31 commercial lessor, by a person having an interest in or who is
6-32 active in a licensed authorized commercial lessor, or by a person
6-33 related in the first degree by consanguinity or affinity, as
6-34 determined under Article 5996h, Revised Statutes, to a person
6-35 having an interest in or active in a licensed authorized commercial
6-36 lessor, without regard to a person's membership status in a
6-37 licensed authorized organization.
6-38 SECTION 12. Section 19a(k), Bingo Enabling Act (Article
6-39 179d, Vernon's Texas Civil Statutes), is amended to read as
6-40 follows:
6-41 (k) Before the end of each quarter, each licensed authorized
6-42 organization shall disburse for charitable purposes an amount not
6-43 less than 35 percent of the organization's adjusted gross receipts
6-44 from the last preceding quarter, less the amount of <any credits
6-45 allowed by rule for bingo gross receipts taxes and> authorized
6-46 expenses not to exceed six percent of the gross receipts. For
6-47 purposes of this subsection, adjusted gross receipts means gross
6-48 receipts plus any consideration received from the rental of
6-49 premises for bingo by the authorized organization, less the amount
6-50 of prizes paid in the preceding quarter. If a licensed authorized
6-51 organization fails to meet the requirements of this subsection for
6-52 a quarter, the commission in applying appropriate sanctions may
6-53 consider whether, taking into account the amount required to be
6-54 distributed during that quarter and the three preceding quarters
6-55 and the charitable distributions for each of those quarters, the
6-56 organization has distributed a total amount sufficient to have met
6-57 the 35 percent requirement for that quarter and the three preceding
6-58 quarters combined.
6-59 SECTION 13. Sections 19b(b) and (c), Bingo Enabling Act
6-60 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
6-61 as follows:
6-62 (b) The fee imposed by this section is five <three> percent
6-63 of the amount or value of the prize.
6-64 (c) A licensed authorized organization shall report and
6-65 remit the fee imposed by this section at the same time and in the
6-66 same manner as the gross rentals <receipts> tax under Section 20 of
6-67 this Act.
6-68 SECTION 14. The Bingo Enabling Act (Article 179d, Vernon's
6-69 Texas Civil Statutes) is amended by adding Section 19c to read as
6-70 follows:
7-1 Sec. 19c. LOCAL SHARE OF FEE ON PRIZES. (a) A county or
7-2 municipality that imposed a gross receipts tax on the conduct of
7-3 bingo games as of January 1, 1993, is entitled to a share of the
7-4 fee imposed by Section 19b of this Act.
7-5 (b) Except as provided by Subsection (d) of this section, a
7-6 county to which this section applies is entitled to 50 percent of
7-7 the fee collected under Section 19b of this Act on a prize awarded
7-8 at a bingo game conducted in the county.
7-9 (c) Except as provided by Subsection (d) of this section, a
7-10 municipality to which this section applies is entitled to 50
7-11 percent of the fee collected under Section 19b of this Act on a
7-12 prize awarded at a bingo game conducted in the municipality.
7-13 (d) If a county and municipality are both entitled to a
7-14 share of the fee imposed by Section 19b of this Act:
7-15 (1) the county is entitled to 25 percent of the fee
7-16 collected under Section 19b of this Act on a prize awarded at a
7-17 bingo game conducted in the county; and
7-18 (2) the municipality is entitled to 25 percent of the
7-19 fee collected under Section 19b of this Act on a prize awarded at a
7-20 bingo game conducted in the municipality.
7-21 SECTION 15. Section 20, Bingo Enabling Act (Article 179d,
7-22 Vernon's Texas Civil Statutes), is amended to read as follows:
7-23 Sec. 20. REPORTING AND DUE DATE OF TAXES AND FEES. The
7-24 taxes and fees authorized or imposed by this Act are due and
7-25 payable by the licensee or any person conducting bingo games
7-26 without a license to the state treasurer quarterly on or before the
7-27 15th day of the month succeeding each calendar quarter. The report
7-28 must be filed under oath on forms prescribed by the commission.
7-29 SECTION 16. Section 23, Bingo Enabling Act (Article 179d,
7-30 Vernon's Texas Civil Statutes), is amended to read as follows:
7-31 Sec. 23. Report of Receipts, Expenses. (a) Each licensee
7-32 conducting bingo games shall submit quarterly to the commission and
7-33 to the comptroller of public accounts a report under oath
7-34 containing the following information:
7-35 (1) the amount of the gross receipts derived from the
7-36 games;
7-37 (2) each item of expense incurred or paid;
7-38 (3) each item of expenditure made or to be made, the
7-39 name and address of each person to whom each item has been paid or
7-40 is to be paid, with a detailed description of the merchandise
7-41 purchased or the services rendered;
7-42 (4) the net proceeds derived from the games;
7-43 (5) the use to which the proceeds have been or are to
7-44 be applied; and
7-45 (6) a list of prizes offered and given, with their
7-46 respective values.
7-47 (b) Each licensee shall maintain records to substantiate the
7-48 contents of each report.
7-49 (c) A copy of each report shall be furnished to the
7-50 appropriate governing body.
7-51 (d) A person is not eligible for a license or a license
7-52 renewal unless all required reports, tax returns, and requested
7-53 information have been filed in accordance with this Act.
7-54 (e) <The commission by rule may provide for different
7-55 tax-reporting periods and record-keeping procedures for licensees
7-56 by class based on the amount of gross receipts received by a
7-57 licensee.>
7-58 <(f)> The commission shall make any required reports
7-59 available to the comptroller of public accounts as the comptroller
7-60 may direct.
7-61 SECTION 17. Section 26, Bingo Enabling Act (Article 179d,
7-62 Vernon's Texas Civil Statutes), is amended to read as follows:
7-63 Sec. 26. TRANSMITTALS, REFUNDS, AND COLLECTIONS. (a) The
7-64 revenue collected from the fee on prizes imposed by Section 19b of
7-65 this Act and sent to the state shall be deposited to the credit of
7-66 a special account in the general revenue fund.
7-67 (b) The commission shall determine the total amount of
7-68 revenue deposited in the account from prizes awarded at bingo games
7-69 in each county and each municipality entitled to a share under
7-70 Section 19c of this Act.
8-1 (c) Quarterly, the commission shall send to each county and
8-2 municipality entitled under Section 19c of this Act to a share of
8-3 the fee on prizes the county's or municipality's share as
8-4 determined under Sections 19c(b)-(d) of this Act.
8-5 (d) The commission shall transfer any remaining amounts in
8-6 the account to a nondedicated account in the general revenue fund.
8-7 (e) Each jurisdiction's share of the fee on prizes <all
8-8 gross receipts taxes> collected under <Section 3 of> this Act <by
8-9 the commission> shall be transmitted to the treasurer or the
8-10 officer of the jurisdiction performing the functions of that office
8-11 by the commission payable to the jurisdiction <periodically as
8-12 promptly as feasible. Transmittals required under this Act shall
8-13 be made at least twice in each state fiscal year>. The funds so
8-14 transmitted may be used by the jurisdiction for any purpose for
8-15 which the general funds of the jurisdiction may be used.
8-16 <(b) Before transmitting funds under Subsection (a) of this
8-17 section, the commission shall deduct two percent of the sum
8-18 collected from each jurisdiction during such period and shall
8-19 deposit the funds in the state treasury to the credit of a special
8-20 fund to be known as the bingo enforcement fund. The fund may be
8-21 used only for the administration and enforcement of this Act.>
8-22 (f) <(c)> The commission is authorized to retain in the
8-23 suspense account of any jurisdiction a portion of the
8-24 jurisdiction's share of the fee on prizes <tax> collected under
8-25 this Act. The balance so retained in the suspense account may not
8-26 exceed five percent of the amount remitted to the jurisdiction.
8-27 The commission is authorized to make refunds from the suspense
8-28 account of any jurisdiction for overpayments made to such accounts
8-29 and to redeem dishonored checks and drafts deposited to the credit
8-30 of the suspense account of the jurisdiction.
8-31 (g) <(d)> When any jurisdiction entitled to a share of the
8-32 fee on prizes prohibits the conduct of bingo as provided by
8-33 Sections 4-9 of this Act <imposes the gross receipts tax and
8-34 thereafter abolishes the tax>, the commission may retain in the
8-35 suspense account of the jurisdiction for one year five percent of
8-36 the final remittance to each such jurisdiction at the time of
8-37 termination of collection of the tax in the jurisdiction to cover
8-38 possible refunds for overpayment of the tax and to redeem
8-39 dishonored checks and drafts deposited to the credit of the
8-40 account. After one year has elapsed after the effective date of
8-41 the prohibition of bingo <abolition of the tax> in the
8-42 jurisdiction, the commission shall remit the balance in the account
8-43 to the jurisdiction and close the account.
8-44 (h) <(e)> Interest earned on all fees on prizes <taxes>
8-45 collected by the commission under this Act before distribution to
8-46 the local jurisdiction, including interest earned from the suspense
8-47 accounts retained under this section, shall be credited to the
8-48 General Revenue Fund.
8-49 SECTION 18. Sections 31, 32, and 33, Bingo Enabling Act
8-50 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
8-51 as follows:
8-52 Sec. 31. Determination if no Return Made. If any licensee
8-53 fails to make a required return, or if any person conducts bingo
8-54 without a license, the commission shall make an estimate of the
8-55 prizes awarded at each occasion of bingo <gross receipts of the
8-56 licensee or person conducting bingo without a license> or of the
8-57 gross rentals received by a licensee for the rental of premises on
8-58 which bingo is conducted. The estimate shall be made for the
8-59 period in respect to which the licensee or other person failed to
8-60 make a return and shall be based on any information covering any
8-61 period that is in the possession of the commission or may come into
8-62 the possession of the commission. On the basis of this estimate,
8-63 the commission shall compute and determine the amount required to
8-64 be paid to the state, adding to the sum a penalty of 10 percent of
8-65 the amount. One or more determinations may be made for one or more
8-66 periods.
8-67 Sec. 32. Jeopardy Determination. (a) If the commission
8-68 believes that the collection of any gross rental tax or fee on
8-69 prizes or any amount of tax or fee on prizes required to be
8-70 remitted to the state or the amount of any determination will be
9-1 jeopardized by delay, the commission shall make a determination of
9-2 the tax or fee on prizes or amount of tax or fee on prizes required
9-3 to be collected, noting that fact upon the determination. The
9-4 amount determined is due and payable immediately.
9-5 (b) If the amount specified in the determination is not paid
9-6 within 20 days after service of notice thereof on the licensee
9-7 against whom the determination is made, the amount becomes final at
9-8 the expiration of the 20 days unless a petition for redetermination
9-9 is filed within the 20 days. A delinquency penalty of 10 percent
9-10 of the tax or fee on prizes or amount of the tax or fee on prizes
9-11 and interest at the rate of 10 percent a year shall attach to the
9-12 amount of the tax or fee on prizes or the amount of the tax or fee
9-13 on prizes required to be collected.
9-14 Sec. 33. Application of Tax Laws. Subtitle B, Title 2, Tax
9-15 Code, applies to the administration, collection, and enforcement of
9-16 the gross rentals tax <taxes authorized or> imposed under Section
9-17 2B of this Act and the fee on prizes imposed under Section 19b of
9-18 this Act except as modified by this Act. In applying the
9-19 provisions <For purposes of the application> of that subtitle to
9-20 the gross rentals tax <taxes authorized or> imposed under Section
9-21 2B of this Act and the fee on prizes imposed under Section 19b of
9-22 this Act only, the fee on prizes is treated as if it were a tax and
9-23 the powers and duties assigned to the comptroller under that
9-24 subtitle are assigned to the commission.
9-25 SECTION 19. Section 35(a), Bingo Enabling Act (Article 179d,
9-26 Vernon's Texas Civil Statutes), is amended to read as follows:
9-27 (a) A person lawfully conducting or participating in the
9-28 conduct of bingo or permitting the conduct on any premises owned or
9-29 leased by him or it under any license lawfully issued under this
9-30 Act is not liable to prosecution or conviction for violation of any
9-31 provision of the Penal Code, as amended, or any other law or
9-32 ordinance to the extent that such conduct is specifically
9-33 authorized by this Act. The immunity does not extend to any person
9-34 knowingly conducting or participating in the conduct of bingo under
9-35 any license obtained by any false pretense, <or by any> false
9-36 statement, or material omission made in any application for license
9-37 or otherwise or permitting the conduct on any premises owned or
9-38 leased by him or it of any game of bingo conducted under any
9-39 license known to him or it to have been obtained by any false
9-40 pretense or statement.
9-41 SECTION 20. Section 36, Bingo Enabling Act (Article 179d,
9-42 Vernon's Texas Civil Statutes), is amended to read as follows:
9-43 Sec. 36. OFFENSES; REVOCATION <FORFEITURE> OF LICENSE;
9-44 INELIGIBILITY TO APPLY FOR LICENSE. (a) A person commits an
9-45 offense and the <forfeits a> license is subject to revocation
9-46 <issued> under this Act if the person:
9-47 (1) makes a false statement or material omission in an
9-48 application for a license authorized to be issued under this Act;
9-49 (2) fails to maintain records that fully and truly
9-50 record all transactions connected with the conducting of bingo, the
9-51 leasing of premises to be used for the conduct of bingo, or the
9-52 manufacture, sale, or distribution of bingo supplies, devices, or
9-53 equipment;
9-54 (3) falsifies or makes any false entry in any books or
9-55 records so far as they relate to the conduct of bingo, to the
9-56 disposition of bingo proceeds, to the application of rent received
9-57 by any authorized organization, or to the gross receipts realized
9-58 from the manufacture, sale, or distribution of bingo supplies,
9-59 devices, or equipment;
9-60 (4) diverts or pays any portion of the net proceeds of
9-61 any game of bingo to any person except in furtherance of one or
9-62 more of the lawful purposes prescribed by this Act; or
9-63 (5) violates this Act or a term of a license issued
9-64 under this Act.
9-65 (b) An offense under Subsection (a)(2), (3), or (5) of this
9-66 section is a Class C misdemeanor, unless it is shown on the trial
9-67 of the offense that the person has been convicted previously under
9-68 this section, in which event it is a Class B misdemeanor. An
9-69 offense under Subsection (a)(1) or (a)(4) of this section is a
9-70 Class A misdemeanor. This subsection does not apply to an offense
10-1 committed under Section 39(b) or Section 40 of this Act.
10-2 (c) A person whose license is revoked <forfeited> under this
10-3 section may not apply for another license under this Act until one
10-4 year has elapsed from the date of revocation <forfeiture>.
10-5 SECTION 21. Sections 37(a), (b), and (c), Bingo Enabling Act
10-6 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
10-7 as follows:
10-8 (a) At any time within three years after a person is
10-9 delinquent in the payment of any amount of required gross rentals
10-10 tax or fee on prizes due, the commission may collect the amount as
10-11 provided by this section.
10-12 (b) The commission shall seize any property, real or
10-13 personal, of the person and sell the property, or a sufficient part
10-14 of it, at public auction to pay the amount due with any interest or
10-15 penalties on account of the seizure and sale. Any seizure made to
10-16 collect the gross rentals <a> tax or the fee on prizes due shall be
10-17 only of property of the licensee not exempt from execution under
10-18 the laws of this state.
10-19 (c) Notice of the sale and the time and place of the sale
10-20 shall be given to the delinquent person in writing at least 20 days
10-21 before the date set for the sale as provided by this subsection.
10-22 The notice shall be enclosed in an envelope addressed to the
10-23 person<, in case of a sale for limited sales tax due,> at his last
10-24 known address or place of business<, and in case of a sale for use
10-25 taxes due, at his last known residence or place of business in this
10-26 state>. It shall be deposited in the United States mail, postage
10-27 prepaid. The notice shall also be published for at least 10 days
10-28 before the date set for the sale in a newspaper of general
10-29 circulation published in the county in which the property seized is
10-30 to be sold. If there is no newspaper of general circulation in the
10-31 county, notice shall be posted in three public places in the county
10-32 at least 20 days before the date set for the sale. The notice
10-33 shall contain a description of the property to be sold, a statement
10-34 of the amount due, including interest, penalties, and costs, the
10-35 name of the delinquent, and the further statement that unless the
10-36 amount due, interest, penalties, and costs are paid on or before
10-37 the time fixed in the notice for the sale, the property, or so much
10-38 of it as may be necessary, will be sold in accordance with the law
10-39 and the notice.
10-40 SECTION 22. Section 38, Bingo Enabling Act (Article 179d,
10-41 Vernon's Texas Civil Statutes), is amended to read as follows:
10-42 Sec. 38. Bonds or Securities. (a) Each licensee under this
10-43 Act shall furnish to the commission a cash bond, a bond from a
10-44 surety company chartered or authorized to do business in this
10-45 state, certificates of deposit, certificates of savings or U.S.
10-46 treasury bonds or, subject to the discretion and approval of the
10-47 commission, an assignment of negotiable stocks or bonds, or such
10-48 other security as the commission may deem sufficient to secure the
10-49 payment of required tax on gross rentals or fee on prizes <taxes>
10-50 under this Act. The commission shall fix the amount of the bond or
10-51 security in each case, taking into consideration the amount of
10-52 money that has or is expected to become due from the licensee under
10-53 this Act. The amount of the bond or security required by the
10-54 commission may not exceed three times the amount of the licensee's
10-55 average quarterly reports.
10-56 (b) On failure to pay the gross rentals tax or the fee on
10-57 prizes <taxes> imposed under this Act, the commission may notify
10-58 both the licensee and any surety of the delinquency by jeopardy or
10-59 deficiency determination. If payment is not made when due, the
10-60 commission may forfeit the bond or security or any part thereof.
10-61 (c) If the licensee ceases to conduct bingo games and
10-62 relinquishes his license, the commission shall authorize the
10-63 release of all bonds and security on a determination that no
10-64 amounts of gross rentals tax or fee on prizes remain due and
10-65 payable under this Act.
10-66 SECTION 23. Section 39(b), Bingo Enabling Act (Article 179d,
10-67 Vernon's Texas Civil Statutes), is amended to read as follows:
10-68 (b) Any person conducting, promoting, or administering a
10-69 game commits a felony of the third degree unless the person is
10-70 conducting, promoting, or administering a game:
11-1 (1) in accordance with a valid license issued under
11-2 this Act;
11-3 (2) within the confines of a home for purposes of
11-4 amusement or recreation when:
11-5 (A) no player or other person furnishes anything
11-6 of more than nominal value for the opportunity to participate;
11-7 (B) participation in the game does not exceed 15
11-8 players; and
11-9 (C) the prizes awarded or to be awarded are
11-10 nominal;
11-11 (3) on behalf of an organization of persons 60 years
11-12 of age or over, a senior citizens' association, a senior citizens'
11-13 community center program operated or funded by a governmental
11-14 entity, or the patients in a hospital or nursing home or residents
11-15 of a retirement home solely for the purpose of amusement and
11-16 recreation of its members, residents, or patients, when:
11-17 (A) no player or other person furnishes anything
11-18 of more than nominal value for the opportunity to participate; and
11-19 (B) the prizes awarded or to be awarded are
11-20 nominal; or
11-21 (4) on behalf of a business conducting the game for
11-22 promotional or advertising purposes if:
11-23 (A) the game is conducted by or through a
11-24 newspaper or a radio or television station;
11-25 (B) participation in the game is open to the
11-26 general public and is not limited to customers of the business;
11-27 (C) playing materials are furnished without
11-28 charge to any person on request; and
11-29 (D) no player is required to furnish anything of
11-30 value for the opportunity to participate.
11-31 SECTION 24. The Bingo Enabling Act (Article 179d, Vernon's
11-32 Texas Civil Statutes) is amended by adding Section 43 to read as
11-33 follows:
11-34 Sec. 43. BINGO ADVISORY COMMITTEE. (a) The commission
11-35 shall appoint a bingo advisory committee consisting of nine
11-36 members. The committee members shall be appointed to represent a
11-37 balance of interests including representatives of:
11-38 (1) the general public;
11-39 (2) charities that operate bingo games; and
11-40 (3) commercial and charity lessors that participate in
11-41 the bingo industry.
11-42 (b) A bingo advisory committee member serves at the pleasure
11-43 of the commission. A member of the committee is not entitled to
11-44 receive compensation for serving as a member. A member is entitled
11-45 to reimbursement for reasonable expenses incurred in performing
11-46 duties as a member of the committee.
11-47 (c) The bingo advisory committee shall:
11-48 (1) advise the commission on the needs and problems of
11-49 the state's bingo industry;
11-50 (2) comment on rules involving bingo during their
11-51 development and before their final adoption unless an emergency
11-52 requires immediate action by the commission;
11-53 (3) report annually to the commission on the
11-54 committee's activities; and
11-55 (4) perform other duties as determined by the
11-56 commission.
11-57 (d) The bingo advisory committee shall meet quarterly or as
11-58 requested by the commission.
11-59 (e) The commission may adopt rules to govern the operations
11-60 of the bingo advisory committee.
11-61 SECTION 25. Section 112.058, Tax Code, is amended by adding
11-62 Subsection (f) to read as follows:
11-63 (f) All protest payments of taxes imposed by and collected
11-64 for the state under the Bingo Enabling Act (Article 179d, Vernon's
11-65 Texas Civil Statutes) that become due on or after September 1,
11-66 1993, are governed by Subchapter J, Chapter 403, Government Code.
11-67 SECTION 26. Sections 2A, 3, 4(b), 13(p), 13c(j), 16(c), 21,
11-68 and 22, Bingo Enabling Act (Article 179d, Vernon's Texas Civil
11-69 Statutes), are repealed.
11-70 SECTION 27. This Act takes effect September 1, 1993, except
12-1 that Section 16 of this Act takes effect October 1, 1993, but only
12-2 if H.B. No. 1587, 73rd Legislature, Regular Session, 1993, or S.B.
12-3 No. 550, 73rd Legislature, Regular Session, 1993, is enacted and
12-4 becomes law. If neither H.B. No. 1587, 73rd Legislature, Regular
12-5 Session, 1993, nor S.B. No. 550, 73rd Legislature, Regular Session,
12-6 1993, is enacted and becomes law, this Act has no effect.
12-7 SECTION 28. (a) As soon as practicable, but not later than
12-8 January 1, 1994:
12-9 (1) all powers, duties, rights, and obligations of the
12-10 Texas Alcoholic Beverage Commission relating to the administration
12-11 and regulation of bingo are transferred to the Texas Lottery
12-12 Commission;
12-13 (2) except as provided by Subsections (b) and (c) of
12-14 this section, all assets, liabilities, personnel, equipment, data,
12-15 documents, facilities, and other items of the Texas Alcoholic
12-16 Beverage Commission relating to the administration and regulation
12-17 of bingo are transferred to the Texas Lottery Commission; and
12-18 (3) any appropriation to the Texas Alcoholic Beverage
12-19 Commission relating to the administration and regulation of bingo
12-20 is transferred to the Texas Lottery Commission.
12-21 (b) The Texas Alcoholic Beverage Commission may decide
12-22 whether to transfer to the Texas Lottery Commission:
12-23 (1) personnel who perform both duties that relate to
12-24 bingo regulation and duties that do not relate to bingo regulation;
12-25 and
12-26 (2) assets used both in bingo regulation and
12-27 activities other than bingo regulation.
12-28 (c) The Texas Lottery Commission may decide whether to
12-29 accept personnel from the Texas Alcoholic Beverage Commission.
12-30 (d) The officers and employees of the Texas Alcoholic
12-31 Beverage Commission shall cooperate fully with the reorganization.
12-32 (e) A transfer of functions under Subsection (a) of this
12-33 section shall occur on the date specified in an interagency
12-34 contract between the Texas Lottery Commission and the Texas
12-35 Alcoholic Beverage Commission.
12-36 (f) Notwithstanding the changes made by this Act to the
12-37 Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes),
12-38 the Texas Alcoholic Beverage Commission retains all powers and
12-39 duties relating to the regulation of bingo until the effective date
12-40 of the transfer under Subsection (a) of this section, and:
12-41 (1) a reference in the Bingo Enabling Act (Article
12-42 179d, Vernon's Texas Civil Statutes) to the Texas Lottery
12-43 Commission is considered to be a reference to the Texas Alcoholic
12-44 Beverage Commission until that date; and
12-45 (2) a reference in the Bingo Enabling Act (Article
12-46 179d, Vernon's Texas Civil Statutes) to the executive director of
12-47 the Texas Lottery Commission is considered to be a reference to the
12-48 administrator of the Texas Alcoholic Beverage Commission until that
12-49 date.
12-50 SECTION 29. (a) A change in law made by this Act does not
12-51 affect:
12-52 (1) the validity of any action taken by the Texas
12-53 Alcoholic Beverage Commission under the Bingo Enabling Act (Article
12-54 179d, Vernon's Texas Civil Statutes) before the effective date of
12-55 the change in law; or
12-56 (2) a civil, criminal, or administrative proceeding
12-57 completed before the effective date of this Act.
12-58 (b) A change in law made by this Act does not affect the
12-59 validity of a civil, criminal, or administrative proceeding,
12-60 including licensing or rulemaking, in progress on the effective
12-61 date of the change in law. A civil, criminal, or administrative
12-62 proceeding under the Bingo Enabling Act (Article 179d, Vernon's
12-63 Texas Civil Statutes) that is in progress on the effective date of
12-64 a transfer of functions under Section 28 of this Act continues as
12-65 if it had been initiated by the Texas Lottery Commission under the
12-66 law in effect on the effective date of the transfer.
12-67 (c) All forms, rules, and procedures adopted by the Texas
12-68 Alcoholic Beverage Commission for the administration and
12-69 enforcement of the Bingo Enabling Act (Article 179d, Vernon's Texas
12-70 Civil Statutes) and in effect on the effective date of a transfer
13-1 of functions under Section 28 of this Act remain in effect on or
13-2 after that date as if adopted by the Texas Lottery Commission until
13-3 the earlier of:
13-4 (1) the date the form, rule, or procedure is amended,
13-5 repealed, withdrawn, or otherwise superseded by the Texas Lottery
13-6 Commission; or
13-7 (2) the first anniversary of the effective date of a
13-8 transfer of functions under Section 28 of this Act.
13-9 (d) Before the first anniversary of the effective date of a
13-10 transfer of functions under Section 28 of this Act, the Texas
13-11 Lottery Commission shall review each form, rule, and procedure
13-12 adopted by the Texas Alcoholic Beverage Commission under the Bingo
13-13 Enabling Act (Article 179d, Vernon's Texas Civil Statutes) and may
13-14 specifically adopt any form, rule, or procedure. A form, rule, or
13-15 procedure that is not specifically adopted expires as provided by
13-16 Subsection (c) of this section.
13-17 (e) A license issued under the Bingo Enabling Act (Article
13-18 179d, Vernon's Texas Civil Statutes) and in effect on the effective
13-19 date of a transfer of functions under Section 28 of this Act
13-20 remains in effect according to its terms as if issued by the Texas
13-21 Lottery Commission until the license expires or is revoked or
13-22 surrendered.
13-23 (f) The change in law made by this Act does not affect taxes
13-24 imposed under the Bingo Enabling Act (Article 179d, Vernon's Texas
13-25 Civil Statutes) before the effective date of this Act, and the law
13-26 in effect before the effective date of this Act is continued in
13-27 effect for purposes of the liability for and collection and
13-28 allocation of those taxes. The Texas Alcoholic Beverage
13-29 Commission, until the transfer of functions under Section 28 of
13-30 this Act, and the Texas Lottery Commission on and after the
13-31 transfer, may maintain a suspense account for any county or
13-32 municipality that imposed a tax under Section 3, Bingo Enabling
13-33 Act, before the effective date of this Act for not more than one
13-34 year after the effective date of this Act to cover tax refunds and
13-35 to redeem dishonored checks and drafts deposited in connection with
13-36 the taxes imposed by the county or municipality.
13-37 (g) A change in law made by this Act applies only to an
13-38 offense committed on or after September 1, 1993. For the purposes
13-39 of this subsection, an offense is committed before September 1,
13-40 1993, if any element of the offense occurs before that date.
13-41 (h) An offense committed before September 1, 1993, is
13-42 covered by the law in effect when the offense was committed, and
13-43 the former law is continued in effect for that purpose.
13-44 SECTION 30. The importance of this legislation and the
13-45 crowded condition of the calendars in both houses create an
13-46 emergency and an imperative public necessity that the
13-47 constitutional rule requiring bills to be read on three several
13-48 days in each house be suspended, and this rule is hereby suspended.
13-49 * * * * *
13-50 Austin,
13-51 Texas
13-52 May 5, 1993
13-53 Hon. Bob Bullock
13-54 President of the Senate
13-55 Sir:
13-56 We, your Committee on State Affairs to which was referred H.B. No.
13-57 2771, have had the same under consideration, and I am instructed to
13-58 report it back to the Senate with the recommendation that it do not
13-59 pass, but that the Committee Substitute adopted in lieu thereof do
13-60 pass and be printed.
13-61 Harris of
13-62 Dallas, Chairman
13-63 * * * * *
13-64 WITNESSES
13-65 FOR AGAINST ON
13-66 ___________________________________________________________________
13-67 Name: L. Dewitt Hale x
13-68 Representing: Prairie Entertain Corp
13-69 City: Austin
13-70 -------------------------------------------------------------------
14-1 Name: Deborah Tucker x
14-2 Representing: Bingo Is Good For Nonprofit
14-3 City: Austin
14-4 -------------------------------------------------------------------