By:  Harris, Ike                                       S.B. No. 768
       73R6358 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of bingo; providing penalties; imposing
    1-3  taxes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(10), Bingo Enabling Act (Article 179d,
    1-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-7              (10)  "Net proceeds" means:
    1-8                    (A)  in relation to the gross receipts from one
    1-9  or more occasions of bingo, the amount that remains after deducting
   1-10  the reasonable sums necessarily and actually expended for
   1-11  advertising, security, repairs to premises and equipment, bingo
   1-12  supplies and equipment, prizes, stated rental, or mortgage and
   1-13  insurance expenses, if any, bookkeeping or accounting services,
   1-14  fees for personnel as permitted under Subsection (c) of Section 19
   1-15  of this Act, janitorial services and utility supplies and services,
   1-16  if any, license fees, and the fee on prizes imposed by Section 19b
   1-17  of this Act <gross receipts tax>; and
   1-18                    (B)  in relation to the gross rent or other
   1-19  consideration received by an organization licensed to conduct bingo
   1-20  for the use of its premises, fixtures, or equipment by another
   1-21  licensee, the amount that remains after deducting the reasonable
   1-22  sums necessarily and actually expended for janitorial services and
   1-23  utility supplies directly attributable to the use of the premises,
   1-24  fixtures, or equipment, if any.
    2-1        SECTION 2.  Section 2(20), Bingo Enabling Act (Article 179d,
    2-2  Vernon's Texas Civil Statutes), is amended to read as follows:
    2-3              (20)  "Commission" means the Texas Gaming <Alcoholic
    2-4  Beverage> Commission.
    2-5        SECTION 3.  Section 11(f), Bingo Enabling Act (Article 179d,
    2-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    2-7        (f)  A series of prizes offered or awarded on any one bingo
    2-8  occasion for bingo games other than instant bingo may not aggregate
    2-9  more than $2,500.  <A series of prizes offered or awarded on any
   2-10  one bingo occasion for games of instant bingo may not aggregate
   2-11  more than $1,500.>
   2-12        SECTION 4.  Section 12(d), Bingo Enabling Act (Article 179d,
   2-13  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-14        (d)  An authorized organization may receive a temporary
   2-15  license for the conduct of bingo games on filing with the
   2-16  commission an application, on a form prescribed by the commission,
   2-17  accompanied by a $25 license fee.  A temporary license is valid for
   2-18  four hours during any one day.  An organization may receive no more
   2-19  than six temporary licenses in a calendar year.  An organization
   2-20  operating under a temporary license is subject to the taxes and
   2-21  fees <gross receipts tax authorized or> imposed by this Act and the
   2-22  other provisions of this Act to the extent they can be made
   2-23  applicable.
   2-24        SECTION 5.  Sections 13(c) and (p), Bingo Enabling Act
   2-25  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   2-26  as follows:
   2-27        (c)  The commission shall issue to an applicant a license for
    3-1  the conduct of bingo, or a license renewal, on payment of a license
    3-2  fee in accordance with Subdivision (1) of Subsection (d) of this
    3-3  section, if the commission determines that:
    3-4              (1)  the member or members of the applicant designated
    3-5  in the application to conduct bingo are active members of the
    3-6  applicant;
    3-7              (2)  no person under whose name the game or games of
    3-8  bingo will be conducted, and no person who will work at the
    3-9  proposed bingo games, has been convicted of a felony, gambling
   3-10  offense, criminal fraud, or a crime of moral turpitude for which
   3-11  less than 10 years have elapsed since termination of any sentence,
   3-12  parole, mandatory supervision, or probation served for the offense;
   3-13              (3)  the games are to be conducted in accordance with
   3-14  this Act;
   3-15              (4)  the proceeds of the games are to be disposed of as
   3-16  provided by this Act;
   3-17              (5)  <no prize will be offered or given in excess of
   3-18  the limits set by Section 11(e) of this Act in any single game and
   3-19  that the aggregate of all prizes offered and given in all of the
   3-20  games conducted on a single occasion under the license will not
   3-21  exceed the limits set by Section 11(f) of this Act;>
   3-22              <(6)>  the applicant has made and can demonstrate
   3-23  significant progress toward the accomplishment of the purposes of
   3-24  the organization during the 12-month period preceding the date of
   3-25  application for a license or license renewal; and
   3-26              (6) <(7)>  all persons who will conduct, promote, or
   3-27  administer the proposed bingo games are active, bona fide members
    4-1  of the applicant organization and all other persons who will assist
    4-2  in conducting, promoting, or administering the proposed bingo games
    4-3  are persons authorized to do so by Section 19 of this Act.
    4-4        (p)  <A commercial lessor covered by Subsection (o) of this
    4-5  section may renew the license to provide for not more than the same
    4-6  number of licensed authorized organizations to conduct bingo on the
    4-7  premises as was provided by the license on June 10, 1989, without
    4-8  regard to whether those organizations are the same as the
    4-9  organizations covered by the license on that date.>  A commercial
   4-10  lessor covered by Subsection (o) of this section may renew the
   4-11  license for a different location if the location of the premises
   4-12  covered by the license on the date this subsection took effect
   4-13  becomes unavailable to the commercial lessor for reasons beyond the
   4-14  commercial lessor's control.
   4-15        SECTION 6.  The Bingo Enabling Act (Article 179d, Vernon's
   4-16  Texas Civil Statutes) is amended by adding Section 13f to read as
   4-17  follows:
   4-18        Sec. 13f.  ACCESS TO INTERNAL REVENUE SERVICE INFORMATION.
   4-19  (a)  The commission may obtain information relating to a person's
   4-20  qualification for licensing under this Act from the Internal
   4-21  Revenue Service under a contract between the comptroller and the
   4-22  Internal Revenue Service on:
   4-23              (1)  an operator or an applicant to act as an operator
   4-24  of bingo occasions; or
   4-25              (2)  an applicant for a license to act or a person who
   4-26  holds a license to act as a commercial lessor.
   4-27        (b)  All information received by the commission from the
    5-1  Internal Revenue Service is confidential and may only be used as
    5-2  provided by the contract between the comptroller and the Internal
    5-3  Revenue Service under which the information was obtained.
    5-4        (c)  A person commits an offense if the person releases or
    5-5  discloses any information obtained under this section except on
    5-6  court order.  An offense under this subsection is a Class A
    5-7  misdemeanor.
    5-8        (d)  The comptroller shall adopt rules governing the custody
    5-9  and use of information obtained under this section.
   5-10        SECTION 7.  Section 16(e), Bingo Enabling Act (Article 179d,
   5-11  Vernon's Texas Civil Statutes), is amended to read as follows:
   5-12        (e)  After a hearing, the <The> commission may suspend or
   5-13  revoke any license issued under this Act for failure to comply with
   5-14  this Act or a rule adopted by the commission under this Act, or for
   5-15  any reason that would allow or require the commission to refuse to
   5-16  issue or renew a license of the same class.  An administrative law
   5-17  judge of the State Office of Administrative Hearings shall conduct
   5-18  the hearing as provided by Chapter 591, Acts of the 72nd
   5-19  Legislature, Regular Session, 1991 (Article 6252-13f, Vernon's
   5-20  Texas Civil Statutes), and its subsequent amendments.  The
   5-21  commission may review the decision of an administrative law judge
   5-22  as provided by the Administrative Procedure and Texas Register Act
   5-23  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   5-24  subsequent amendments.  The commission may summarily suspend a
   5-25  license issued under this Act for failure to comply with this Act
   5-26  or a rule adopted by the commission under this Act if the
   5-27  commission determines that the licensee's continued operation may
    6-1  constitute an immediate threat to the health, safety, morals, or
    6-2  welfare of the public.  The Administrative Procedure and Texas
    6-3  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
    6-4  not apply to the commission in the enforcement and administration
    6-5  of a summary suspension under this section.
    6-6        SECTION 8.  Sections 19b(b) and (c), Bingo Enabling Act
    6-7  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
    6-8  as follows:
    6-9        (b)  The fee imposed by this section is five <three> percent
   6-10  of the amount or value of the prize.
   6-11        (c)  A licensed authorized organization shall report and
   6-12  remit the fee imposed by this section at the same time and in the
   6-13  same manner as the gross rentals <receipts> tax under Section 20 of
   6-14  this Act.
   6-15        SECTION 9.  The Bingo Enabling Act (Article 179d, Vernon's
   6-16  Texas Civil Statutes) is amended by adding Section 19c to read as
   6-17  follows:
   6-18        Sec. 19c.  LOCAL SHARE OF FEE ON PRIZES.  (a)  A county or
   6-19  municipality that imposed a gross receipts tax on the conduct of
   6-20  bingo games as of January 1, 1993, is entitled to a share of the
   6-21  fee imposed by Section 19b of this Act.
   6-22        (b)  Except as provided by Subsection (d) of this section, a
   6-23  county to which this section applies is entitled to 50 percent of
   6-24  the fee collected under Section 19b of this Act on a prize awarded
   6-25  at a bingo game conducted in the county.
   6-26        (c)  Except as provided by Subsection (d) of this section, a
   6-27  municipality to which this section applies is entitled to 50
    7-1  percent of the fee collected under Section 19b of this Act on a
    7-2  prize awarded at a bingo game conducted in the municipality.
    7-3        (d)  If a county and municipality are both entitled to a
    7-4  share of the fee imposed by Section 19b of this Act:
    7-5              (1)  the county is entitled to 25 percent of the fee
    7-6  collected under Section 19b of this Act on a prize awarded at a
    7-7  bingo game conducted in the county; and
    7-8              (2)  the municipality is entitled to 25 percent of the
    7-9  fee collected under Section 19b of this Act on a prize awarded at a
   7-10  bingo game conducted in the municipality.
   7-11        SECTION 10.  Section 20, Bingo Enabling Act (Article 179d,
   7-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   7-13        Sec. 20.  REPORTING AND DUE DATE OF TAXES AND FEES.  The
   7-14  taxes and fees authorized or imposed by this Act are due and
   7-15  payable by the licensee or any person conducting bingo games
   7-16  without a license to the state treasurer quarterly on or before the
   7-17  15th day of the month succeeding each calendar quarter.  The report
   7-18  must be filed under oath on forms prescribed by the commission.
   7-19        SECTION 11.  Section 26, Bingo Enabling Act (Article 179d,
   7-20  Vernon's Texas Civil Statutes), is amended to read as follows:
   7-21        Sec. 26.  TRANSMITTALS, REFUNDS, AND COLLECTIONS.  (a)  The
   7-22  revenue collected from the fee on prizes imposed by Section 19b of
   7-23  this Act and sent to the state shall be deposited to the credit of
   7-24  a special account in the general revenue fund.
   7-25        (b)  The commission shall determine the total amount of
   7-26  revenue deposited in the account from prizes awarded at bingo games
   7-27  in each county and each municipality entitled to a share under
    8-1  Section 19c of this Act.
    8-2        (c)  Quarterly, the commission shall send to each county and
    8-3  municipality entitled under Section 19c of this Act to a share of
    8-4  the fee on prizes the county's or municipality's share as
    8-5  determined under Sections 19c(b)-(d) of this Act.
    8-6        (d)  The commission shall transfer any remaining amounts in
    8-7  the account to a nondedicated account in the general revenue fund.
    8-8        (e)  Each jurisdiction's share of the fee on prizes <all
    8-9  gross receipts taxes> collected under <Section 3 of> this Act <by
   8-10  the commission> shall be transmitted to the treasurer or the
   8-11  officer of the jurisdiction performing the functions of that office
   8-12  by the commission payable to the jurisdiction <periodically as
   8-13  promptly as feasible.  Transmittals required under this Act shall
   8-14  be made at least twice in each state fiscal year>.  The funds so
   8-15  transmitted may be used by the jurisdiction for any purpose for
   8-16  which the general funds of the jurisdiction may be used.
   8-17        <(b)  Before transmitting funds under Subsection (a) of this
   8-18  section, the commission shall deduct two percent of the sum
   8-19  collected from each jurisdiction during such period and shall
   8-20  deposit the funds in the state treasury to the credit of a special
   8-21  fund to be known as the bingo enforcement fund.  The fund may be
   8-22  used only for the administration and enforcement of this Act.>
   8-23        (f) <(c)>  The commission is authorized to retain in the
   8-24  suspense account of any jurisdiction a portion of the
   8-25  jurisdiction's share of the fee on prizes <tax> collected under
   8-26  this Act.  The balance so retained in the suspense account may not
   8-27  exceed five percent of the amount remitted to the jurisdiction.
    9-1  The commission is authorized to make refunds from the suspense
    9-2  account of any jurisdiction for overpayments made to such accounts
    9-3  and to redeem dishonored checks and drafts deposited to the credit
    9-4  of the suspense account of the jurisdiction.
    9-5        (g) <(d)>  When any jurisdiction entitled to a share of the
    9-6  fee on prizes prohibits the conduct of bingo as provided by
    9-7  Sections 4-9 of this Act <imposes the gross receipts tax and
    9-8  thereafter abolishes the tax>, the commission may retain in the
    9-9  suspense account of the jurisdiction for one year five percent of
   9-10  the final remittance to each such jurisdiction at the time of
   9-11  termination of collection of the tax in the jurisdiction to cover
   9-12  possible refunds for overpayment of the tax and to redeem
   9-13  dishonored checks and drafts deposited to the credit of the
   9-14  account.  After one year has elapsed after the effective date of
   9-15  the prohibition of bingo <abolition of the tax> in the
   9-16  jurisdiction, the commission shall remit the balance in the account
   9-17  to the jurisdiction and close the account.
   9-18        (h) <(e)>  Interest earned on all fees on prizes <taxes>
   9-19  collected by the commission under this Act before distribution to
   9-20  the local jurisdiction, including interest earned from the suspense
   9-21  accounts retained under this section, shall be credited to the
   9-22  General Revenue Fund.
   9-23        SECTION 12.  Sections 31, 32, and 33, Bingo Enabling Act
   9-24  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
   9-25  as follows:
   9-26        Sec. 31.  Determination if no Return Made.  If any licensee
   9-27  fails to make a required return, or if any person conducts bingo
   10-1  without a license, the commission shall make an estimate of the
   10-2  prizes awarded at each occasion of bingo <gross receipts of the
   10-3  licensee or person conducting bingo without a license> or of the
   10-4  gross rentals received by a licensee for the rental of premises on
   10-5  which bingo is conducted.  The estimate shall be made for the
   10-6  period in respect to which the licensee or other person failed to
   10-7  make a return and shall be based on any information covering any
   10-8  period that is in the possession of the commission or may come into
   10-9  the possession of the commission.  On the basis of this estimate,
  10-10  the commission shall compute and determine the amount required to
  10-11  be paid to the state, adding to the sum a penalty of 10 percent of
  10-12  the amount.  One or more determinations may be made for one or more
  10-13  periods.
  10-14        Sec. 32.  Jeopardy Determination.  (a)  If the commission
  10-15  believes that the collection of any gross rental tax or fee on
  10-16  prizes or any amount of tax or fee on prizes required to be
  10-17  remitted to the state or the amount of any determination will be
  10-18  jeopardized by delay, the commission shall make a determination of
  10-19  the tax or fee on prizes or amount of tax or fee on prizes required
  10-20  to be collected, noting that fact upon the determination.  The
  10-21  amount determined is due and payable immediately.
  10-22        (b)  If the amount specified in the determination is not paid
  10-23  within 20 days after service of notice thereof on the licensee
  10-24  against whom the determination is made, the amount becomes final at
  10-25  the expiration of the 20 days unless a petition for redetermination
  10-26  is filed within the 20 days.  A delinquency penalty of 10 percent
  10-27  of the tax or fee on prizes  or amount of the tax or fee on prizes
   11-1  and interest at the rate of 10 percent a year shall attach to the
   11-2  amount of the tax or fee on prizes or the amount of the tax or fee
   11-3  on prizes required to be collected.
   11-4        Sec. 33.  Application of Tax Laws.  Subtitle B, Title 2, Tax
   11-5  Code, applies to the administration, collection, and enforcement of
   11-6  the gross rentals tax <taxes authorized or> imposed under Section
   11-7  2B of this Act and the fee on prizes imposed under Section 19b of
   11-8  this Act except as modified by this Act.  In applying the
   11-9  provisions <For purposes of the application> of that subtitle to
  11-10  the gross rentals tax <taxes authorized or> imposed under Section
  11-11  2B of this Act and the fee on prizes imposed under Section 19b of
  11-12  this Act only, the fee on prizes is treated as if it were a tax and
  11-13  the powers and duties assigned to the comptroller under that
  11-14  subtitle are assigned to the commission.
  11-15        SECTION 13.  Sections 37(a), (b), and (c), Bingo Enabling Act
  11-16  (Article 179d, Vernon's Texas Civil Statutes), are amended to read
  11-17  as follows:
  11-18        (a)  At any time within three years after a person is
  11-19  delinquent in the payment of any amount of required gross rentals
  11-20  tax or fee on prizes due, the commission may collect the amount as
  11-21  provided by this section.
  11-22        (b)  The commission shall seize any property, real or
  11-23  personal, of the person and sell the property, or a sufficient part
  11-24  of it, at public auction to pay the amount due with any interest or
  11-25  penalties on account of the seizure and sale.  Any seizure made to
  11-26  collect the gross rentals <a> tax or the fee on prizes due shall be
  11-27  only of property of the licensee not exempt from execution under
   12-1  the laws of this state.
   12-2        (c)  Notice of the sale and the time and place of the sale
   12-3  shall be given to the delinquent person in writing at least 20 days
   12-4  before the date set for the sale as provided by this subsection.
   12-5  The notice shall be enclosed in an envelope addressed to the
   12-6  person<, in case of a sale for limited sales tax due,> at his last
   12-7  known address or place of business<, and in case of a sale for use
   12-8  taxes due, at his last known residence or place of business in this
   12-9  state>.  It shall be deposited in the United States mail, postage
  12-10  prepaid.  The notice shall also be published for at least 10 days
  12-11  before the date set for the sale in a newspaper of general
  12-12  circulation published in the county in which the property seized is
  12-13  to be sold.  If there is no newspaper of general circulation in the
  12-14  county, notice shall be posted in three public places in the county
  12-15  at least 20 days before the date set for the sale.  The notice
  12-16  shall contain a description of the property to be sold, a statement
  12-17  of the amount due, including interest, penalties, and costs, the
  12-18  name of the delinquent, and the further statement that unless the
  12-19  amount due, interest, penalties, and costs are paid on or before
  12-20  the time fixed in the notice for the sale, the property, or so much
  12-21  of it as may be necessary, will be sold in accordance with the law
  12-22  and the notice.
  12-23        SECTION 14.  Section 38, Bingo Enabling Act (Article 179d,
  12-24  Vernon's Texas Civil Statutes), is amended to read as follows:
  12-25        Sec. 38.  Bonds or Securities.  (a)  Each licensee under this
  12-26  Act shall furnish to the commission a cash bond, a bond from a
  12-27  surety company chartered or authorized to do business in this
   13-1  state, certificates of deposit, certificates of savings or U.S.
   13-2  treasury bonds or, subject to the discretion and approval of the
   13-3  commission, an assignment of negotiable stocks or bonds, or such
   13-4  other security as the commission may deem sufficient to secure the
   13-5  payment of required tax on gross rentals or fee on prizes <taxes>
   13-6  under this Act.  The commission shall fix the amount of the bond or
   13-7  security in each case, taking into consideration the amount of
   13-8  money that has or is expected to become due from the licensee under
   13-9  this Act.  The amount of the bond or security required by the
  13-10  commission may not exceed three times the amount of the licensee's
  13-11  average quarterly reports.
  13-12        (b)  On failure to pay the gross rentals tax or the fee on
  13-13  prizes <taxes> imposed under this Act, the commission may notify
  13-14  both the licensee and any surety of the delinquency by jeopardy or
  13-15  deficiency determination.  If payment is not made when due, the
  13-16  commission may forfeit the bond or security or any part thereof.
  13-17        (c)  If the licensee ceases to conduct bingo games and
  13-18  relinquishes his license, the commission shall authorize the
  13-19  release of all bonds and security on a determination that no
  13-20  amounts of gross rentals tax or fee on prizes remain due and
  13-21  payable under this Act.
  13-22        SECTION 15.  Section 112.058, Tax Code, is amended by adding
  13-23  Subsection (f) to read as follows:
  13-24        (f)  All protest payments of taxes imposed by and collected
  13-25  for the state under the Bingo Enabling Act (Article 179d, Vernon's
  13-26  Texas Civil Statutes) that become due on or after September 1,
  13-27  1993, are governed by Subchapter J, Chapter 403, Government Code.
   14-1        SECTION 16.  Sections 2A, 3, 4(b), 11(p) and (q), 16(a),
   14-2  19a(k), 21, and 22, Bingo Enabling Act (Article 179d, Vernon's
   14-3  Texas Civil Statutes), are repealed.
   14-4        SECTION 17.  (a)  Sections 1 and 3-16 of this Act take effect
   14-5  September 1, 1993.
   14-6        (b)  Sections 2 and 18 of this Act take effect September 1,
   14-7  1993, but only if ____ B. No.____ is enacted and becomes law.  If
   14-8  ____ B. No.____ is not enacted or does not become law, Sections 2
   14-9  and 18 of this Act have no effect.
  14-10        (c)  If Sections 2 and 18 of this Act take effect, the name
  14-11  of the Texas Lottery Commission is changed to the Texas Gaming
  14-12  Commission.  This subsection prevails over any other enactment of
  14-13  the 73rd Legislature, Regular Session, 1993, to the extent of any
  14-14  conflict.
  14-15        SECTION 18.  (a)  As soon as practicable, but not later than
  14-16  January 1, 1994:
  14-17              (1)  all powers, duties, rights, and obligations of the
  14-18  Texas Alcoholic Beverage Commission relating to the administration
  14-19  and regulation of bingo are transferred to the Texas Gaming
  14-20  Commission;
  14-21              (2)  except as provided by Subsection (b) of this
  14-22  section, all assets, liabilities, personnel, equipment, data,
  14-23  documents, facilities, and other items of the Texas Alcoholic
  14-24  Beverage Commission relating to the administration and regulation
  14-25  of bingo are transferred to the Texas Gaming Commission; and
  14-26              (3)  any appropriation to the Texas Alcoholic Beverage
  14-27  Commission relating to the administration and regulation of bingo
   15-1  is transferred to the Texas Gaming Commission.
   15-2        (b)  The Texas Alcoholic Beverage Commission may decide
   15-3  whether to transfer to the Texas Gaming Commission:
   15-4              (1)  personnel who perform both duties that relate to
   15-5  bingo regulation and duties that do not relate to bingo regulation;
   15-6  and
   15-7              (2)  assets used both in bingo regulation and
   15-8  activities other than bingo regulation.
   15-9        (c)  The officers and employees of the Texas Alcoholic
  15-10  Beverage Commission  shall cooperate fully with the reorganization.
  15-11        (d)  A transfer of functions under Subsection (a) of this
  15-12  section shall occur on the date specified in an interagency
  15-13  contract between the Texas Gaming Commission and the Texas
  15-14  Alcoholic Beverage Commission.
  15-15        (e)  Notwithstanding the changes made by this Act to the
  15-16  Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes),
  15-17  the Texas Alcoholic Beverage Commission retains all powers and
  15-18  duties relating to the regulation of bingo until the effective date
  15-19  of the transfer under Subsection (a) of this section, and a
  15-20  reference in the Bingo Enabling Act (Article 179d, Vernon's Texas
  15-21  Civil Statutes) to the Texas Gaming Commission is considered to be
  15-22  a reference to the Texas Alcoholic Beverage Commission until that
  15-23  date.
  15-24        SECTION 19.  (a)  A change in law made by this Act does not
  15-25  affect:
  15-26              (1)  the validity of any action taken by the Texas
  15-27  Alcoholic Beverage Commission under the Bingo Enabling Act (Article
   16-1  179d, Vernon's Texas Civil Statutes) before the effective date of
   16-2  the change in law; or
   16-3              (2)  a civil, criminal, or administrative proceeding
   16-4  completed before the effective date of this Act.
   16-5        (b)  A change in law made by this Act does not affect the
   16-6  validity of a civil, criminal, or administrative proceeding,
   16-7  including licensing or rulemaking, in progress on the effective
   16-8  date of the change in law.  A civil, criminal, or administrative
   16-9  proceeding under the Bingo Enabling Act (Article 179d, Vernon's
  16-10  Texas Civil Statutes) that is in progress on the effective date of
  16-11  a transfer of functions under Section 18 of this Act continues as
  16-12  if it had been initiated by the Texas Gaming Commission under the
  16-13  law in effect on the effective date of the transfer.
  16-14        (c)  All forms, rules, and procedures adopted by the Texas
  16-15  Alcoholic Beverage Commission for the administration and
  16-16  enforcement of the Bingo Enabling Act (Article 179d, Vernon's Texas
  16-17  Civil Statutes) and in effect on the effective date of a transfer
  16-18  of functions under Section 18 of this Act remain in effect on or
  16-19  after that date as if adopted by the Texas Gaming Commission until
  16-20  amended, repealed, withdrawn, or otherwise superseded by the Texas
  16-21  Gaming Commission.  A license issued under the Bingo Enabling Act
  16-22  (Article 179d, Vernon's Texas Civil Statutes) and in effect on the
  16-23  effective date of a transfer of functions under Section 18 of this
  16-24  Act remains in effect according to its terms as if issued by the
  16-25  Texas Gaming Commission until the license expires or is revoked or
  16-26  surrendered.
  16-27        (d)  The change in law made by this Act does not affect taxes
   17-1  imposed under the Bingo Enabling Act (Article 179d, Vernon's Texas
   17-2  Civil Statutes) before the effective date of this Act, and the law
   17-3  in effect before the effective date of this Act is continued in
   17-4  effect for purposes of the liability for and collection and
   17-5  allocation of those taxes.
   17-6        (e)  A change in law made by this Act applies only to an
   17-7  offense committed on or after September 1, 1993.  For the purposes
   17-8  of this subsection, an offense is committed before September 1,
   17-9  1993, if any element of the offense occurs before that date.
  17-10        (f)  An offense committed before September 1, 1993, is
  17-11  covered by the law in effect when the offense was committed, and
  17-12  the former law is continued in effect for that purpose.
  17-13        SECTION 20.  The importance of this legislation and the
  17-14  crowded condition of the calendars in both houses create an
  17-15  emergency and an imperative public necessity that the
  17-16  constitutional rule requiring bills to be read on three several
  17-17  days in each house be suspended, and this rule is hereby suspended.