By Kuempel, Seidlits                                  H.B. No. 3021
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of bingo; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, Bingo Enabling Act (Article 179d,
    1-5  Vernon's Texas Civil Statutes), is amended by amending Subdivisions
    1-6  (2), (5), and (22) and adding Subdivisions (24), (25), (26), and
    1-7  (27) to read as follows:
    1-8              (2)  "Bingo" or "game" means a specific game of chance,
    1-9  commonly known as bingo or lotto, in which prizes are awarded on
   1-10  the basis of designated numbers or symbols <on a card> conforming
   1-11  to numbers or symbols selected at random.
   1-12              (5)  "Religious society" means a church, synagogue, or
   1-13  other organization or association that is organized primarily for
   1-14  religious purposes and that has been in existence within Texas for
   1-15  at least eight <10> years.
   1-16              (22)  "Bingo equipment" means equipment actually used,
   1-17  made,  or sold for the purpose of use in bingo games and includes
   1-18  machines or other devices from which balls or other items are
   1-19  withdrawn to determine the letters and numbers or other symbols to
   1-20  be called, <the balls or items themselves,> bingo cards, and any
   1-21  other device commonly used in the direct operation of the game.
   1-22  "Bingo equipment" does not include:
   1-23                    (A)  a bingo game set commonly manufactured and
    2-1  sold as a child's game for a retail price of $20 or less unless the
    2-2  set or a part of the set is actually used in a bingo game subject
    2-3  to regulation under this Act; or
    2-4                    (B)  commonly available component parts of bingo
    2-5  equipment such as light bulbs, fuses, or bingo balls.
    2-6              (24)  "Card-minding device" means a computerized or
    2-7  electronic device that:
    2-8                    (A)  registers and verifies bingo winnings on a
    2-9  bingo card played with the assistance of the device; and
   2-10                    (B)  is interfaced with and audited by an
   2-11  independent data processing device operated by the conductor.
   2-12              (25)  "Ticket or pull-tab dispenser" means an
   2-13  electronic or mechanical device that dispenses a break-open bingo
   2-14  ticket, an instant bingo ticket, or a pull-tab bingo game after a
   2-15  person inserts money into the device.
   2-16              (26)  "System service provider" means a person who
   2-17  holds a license to provide automated bingo services only to a
   2-18  licensed authorized organization licensed to conduct bingo or a
   2-19  group of licensed authorized organizations licensed to conduct
   2-20  bingo.
   2-21              (27)  "Automated bingo services" means a computer
   2-22  program or system for providing bingo sales, prizes, inventory and
   2-23  prize fees, for generating required reports to the commission, and
   2-24  for providing the conductor of a bingo game with other information
   2-25  requested for accounting or other business purposes.
    3-1        SECTION 2.  Section 11, Bingo Enabling Act (Article 179d,
    3-2  Vernon's Texas Civil Statutes), is amended by amending Subsections
    3-3  (d), (k), (o), (p), (r), and (u) and adding Subsections (v), (w),
    3-4  and (x) to read as follows:
    3-5        (d)  The net proceeds of any game of bingo and of any rental
    3-6  of premises for bingo by a licensed authorized organization shall
    3-7  be exclusively devoted to charitable purposes.
    3-8        (k)  A game of chance other than bingo may not be conducted
    3-9  or allowed during an occasion when bingo is played.  This
   3-10  subsection does not prohibit the exhibition and play of an
   3-11  amusement machine that is not a gambling device as defined by
   3-12  Section 47.01, Penal Code.
   3-13        (o)  A licensed distributor may not furnish by sale, lease,
   3-14  or any other manner bingo equipment, devices, or supplies to a
   3-15  person other than a licensed authorized organization, another
   3-16  licensed distributor, or a person authorized to conduct bingo under
   3-17  Section 39(b)(3) or (4) of this Act.  A sale of bingo equipment,
   3-18  devices, or supplies authorized by this subsection must be made on
   3-19  terms requiring immediate payment or requiring payment not later
   3-20  than the 30th day after the date of actual delivery.
   3-21        (p)  No one other than a licensed lessor or a licensed
   3-22  authorized organization may advertise <or promote> bingo.  <A
   3-23  licensed authorized organization may not include in an
   3-24  advertisement or promotion the amount of a prize or series of
   3-25  prizes offered at a bingo occasion.>
    4-1        (r)  A licensed distributor may not receive by purchase or
    4-2  any other manner bingo equipment, devices, or supplies from a
    4-3  person other than a licensed manufacturer or another licensed
    4-4  distributor.
    4-5        (u)  Bingo may be played using a pull-tab bingo game, a
    4-6  break-open bingo ticket, or an instant bingo ticket subject to the
    4-7  rules of the commission <A licensed authorized organization may not
    4-8  conduct a bingo game in which any player uses or is assisted by a
    4-9  computerized or electronic device that is used instead of or in
   4-10  conjunction with the player's traditional paper or nondisposable
   4-11  bingo card>.
   4-12        (v)  A person may not use a card-minding device:
   4-13              (1)  to generate or determine the random letters,
   4-14  numbers, or other symbols used in playing the bingo card played
   4-15  with the device's assistance;
   4-16              (2)  as a receptacle for the deposit of tokens or
   4-17  money, including coins or paper currency, in payment for playing
   4-18  the bingo card played with the device's assistance; or
   4-19              (3)  as a dispenser for the payment of a bingo prize,
   4-20  including coins, paper currency, or any thing of value for the
   4-21  bingo card played with the device's assistance.
   4-22        (w)  A ticket or pull-tab dispenser may not be used:
   4-23              (1)  to generate or determine the random letters,
   4-24  numbers, or other symbols used in playing a bingo game;
   4-25              (2)  to affect the chances of winning at a bingo game;
    5-1  or
    5-2              (3)  as a dispenser for the payment of a bingo prize,
    5-3  including coins, paper currency, or any thing of value for the
    5-4  bingo game played.
    5-5        (x)  The price of a break-open bingo ticket, instant bingo
    5-6  ticket, or a pull-tab bingo game sold by a ticket or pull-tab
    5-7  dispenser may not exceed $1 for each break-open bingo ticket,
    5-8  instant bingo ticket, or pull-tab bingo game sold.
    5-9        SECTION 3.  Section 13, Bingo Enabling Act (Article 179d,
   5-10  Vernon's Texas Civil Statutes), is amended by amending Subsections
   5-11  (b) and (j) and adding Subsections (s), (t), and (u) to read as
   5-12  follows:
   5-13        (b)  If a license is not issued or denied before the 31st day
   5-14  after the date of the filing of an application for a license, the
   5-15  payment of the proper license fee, the filing of a copy of a valid
   5-16  Section 501(c) exemption statement issued by the Internal Revenue
   5-17  Service, if required, and the completion of a criminal background
   5-18  investigation has been completed <On preliminary approval of an
   5-19  application>, the commission shall <may> issue a temporary
   5-20  authorization for the activity requested that is valid, subject to
   5-21  automatic revocation if a denial letter is issued, for <any period
   5-22  of> not more than 60 days.  The effective period may be extended by
   5-23  the commission on written request filed before the end of the
   5-24  period of temporary authorization except as limited by Subsection
   5-25  (h) of this section.
    6-1        (j)  A license may not be transferred by a licensee, except
    6-2  that<, in accordance with commission rules,> a licensed commercial
    6-3  lessor <who is an individual> may transfer a <the individual's>
    6-4  license held by the licensee to a corporation formed by the
    6-5  licensee or from one corporation owned by the licensee to another
    6-6  corporation owned by the licensee <individual>.
    6-7        (s)  It is an offense for a person not licensed under this
    6-8  Act to sell or attempt to induce the sale of bingo equipment,
    6-9  devices, supplies, or automated bingo services to a person licensed
   6-10  to conduct bingo games.
   6-11        (t)  A system service provider shall not provide these
   6-12  services to anyone other than a licensed authorized organization or
   6-13  a group of licensed authorized organizations to conduct bingo.  It
   6-14  is an offense for a system service provider to provide these
   6-15  services to anyone other than a licensed authorized organization or
   6-16  a group of licensed authorized organizations to conduct bingo.
   6-17        (u)  An offense under Subsection (s) or (t) is a Class A
   6-18  misdemeanor.
   6-19        SECTION 4.  The Bingo Enabling Act (Article 179d, Vernon's
   6-20  Texas Civil Statutes), is amended by adding Section 13e to read as
   6-21  follows:
   6-22        Sec. 13e.  SYSTEM SERVICE PROVIDER'S LICENSE.  (a)  To sell
   6-23  or supply, in any manner, automated bingo services for the use of
   6-24  licensed authorized organizations, each system service provider
   6-25  must obtain a license from the commission.
    7-1        (b)  An applicant for a license must file with the commission
    7-2  a written application that includes:
    7-3              (1)  the name and address of the applicant;
    7-4              (2)  if a noncorporate entity, the name and address of
    7-5  each owner;
    7-6              (3)  if a corporation, the name and address of each
    7-7  officer and director and each person owning 10 percent or more of
    7-8  any class of stock in the corporation;
    7-9              (4)  information regarding whether the applicant or any
   7-10  person who is required to be named in the application has been
   7-11  convicted of a felony, criminal fraud, gambling, or gambling
   7-12  related offense, or a crime of moral turpitude; and
   7-13              (5)  information regarding whether the applicant or any
   7-14  person required to be named in the application is an owner,
   7-15  officer, director, shareholder, agent, or employee of a commercial
   7-16  lessor licensed under this Act.
   7-17        (c)  A person is not eligible for a license under this
   7-18  section if:
   7-19              (1)  the person has been convicted of a felony,
   7-20  criminal fraud, a gambling offense, a gambling related offense, or
   7-21  a crime of moral turpitude and it has been less than 10 years since
   7-22  the termination of the sentence, parole, or probation related to
   7-23  the offense; or
   7-24              (2)  the person is an owner, officer, or director of a
   7-25  holder of a commercial lessor licensed under this Act.
    8-1        (d)  The fee for a system service provider license is $1,000
    8-2  plus any cost incurred to conduct the criminal background checks.
    8-3        (e)  A system service provider shall not hold another license
    8-4  under this Act.
    8-5        (f)  A license for a system service provider shall be revoked
    8-6  if within the license period any disqualifications under this
    8-7  section occur.
    8-8        (g)  A system service provider is subject to the same
    8-9  licensing provisions for manufacturers and distributors as stated
   8-10  in Sections 13a(a) and 13b(b) of this Act.
   8-11        (h)  The commission upon receipt of a complaint may inspect
   8-12  the system service provider services.  The system service provider
   8-13  shall provide sufficient information to the commission in regards
   8-14  to a complaint.
   8-15        SECTION 5.  Section 16(j), Bingo Enabling Act (Article 179d,
   8-16  Vernon's Texas Civil Statutes), is amended to read as follows:
   8-17        (j)  The commission by rule may <shall> establish the number
   8-18  and type of bingo games that may be played during an occasion.
   8-19        SECTION 6.  Section 17(a), Bingo Enabling Act (Article 179d,
   8-20  Vernon's Texas Civil Statutes), is amended to read as follows:
   8-21        (a)  A person under the age of 18 years may not play a game
   8-22  of bingo conducted under a license issued under this Act unless the
   8-23  person is accompanied by his parent or guardian, except that a
   8-24  licensee may prohibit all persons under the age of 18 or an age
   8-25  younger than 18 years of age as determined by the licensee from
    9-1  entering the licensed premises by posting a written notice to that
    9-2  effect at the place where the game is conducted.
    9-3        SECTION 7.  Section 18, Bingo Enabling Act (Article 179d,
    9-4  Vernon's Texas Civil Statutes), is amended to read as follows:
    9-5        Sec. 18.  Frequency and Times of Games.  A game of bingo may
    9-6  not be conducted under any license issued under this Act more often
    9-7  than three days per calendar week, not to exceed four hours per
    9-8  occasion <24-hour period>.  Only one bingo occasion per day may be
    9-9  conducted under each license issued under this Act.  No more than
   9-10  two organizations may conduct a game of bingo in one place on one
   9-11  day.  If two organizations conduct games of bingo in one place on
   9-12  one day, these occasions must be announced separately, and an
   9-13  intermission of at least 10 <30> minutes must occur between the
   9-14  games.  <A game conducted under a temporary license may not be
   9-15  conducted in violation of this section.>
   9-16        SECTION 8.  Section 19a, Bingo Enabling Act (Article 179d,
   9-17  Vernon's Texas Civil Statutes), is amended by amending Subsections
   9-18  (d) and (k) and adding Subsections (l) and (m) to read as follows:
   9-19        (d)  The following items of expense incurred or paid by an
   9-20  organization in connection with bingo must be paid from the
   9-21  organization's bingo account:
   9-22              (1)  advertising;
   9-23              (2)  security during a bingo occasion;
   9-24              (3)  the purchase and repair of bingo supplies and
   9-25  equipment;
   10-1              (4)  prizes, other than authorized cash prizes;
   10-2              (5)  stated rental;
   10-3              (6)  bookkeeping, legal, or accounting services;
   10-4              (7)  fees for callers, cashiers, and ushers;
   10-5              (8)  license fees; <and>
   10-6              (9)  janitorial services; and
   10-7              (10)  payment for services provided by a system service
   10-8  provider, which may be paid from gross receipts as defined in this
   10-9  Act.
  10-10        (k)  Before the end of each quarter, each licensed authorized
  10-11  organization shall disburse for charitable purposes all of the net
  10-12  proceeds from the <an amount not less than 35 percent of the
  10-13  organization's adjusted gross receipts from the last> preceding
  10-14  quarter<, less the amount of authorized expenses not to exceed six
  10-15  percent of the gross receipts.  For purposes of this subsection,
  10-16  adjusted gross receipts means gross receipts plus any consideration
  10-17  received from the rental of premises for bingo by the authorized
  10-18  organization, less the amount of prizes paid in the preceding
  10-19  quarter.  If a licensed authorized organization fails to meet the
  10-20  requirements of this subsection for a quarter, the commission in
  10-21  applying appropriate sanctions may consider whether, taking into
  10-22  account the amount required to be distributed during that quarter
  10-23  and the three preceding quarters and the charitable distributions
  10-24  for each of those quarters, the organization has distributed a
  10-25  total amount sufficient to have met the 35 percent requirement for
   11-1  that quarter and the three preceding quarters combined>.
   11-2        (l)  In Subsection (k) of this section, "net proceeds from
   11-3  the preceding quarter" means an amount equal to the sum of the
   11-4  organization's gross sales and the organization's rental income
   11-5  related to bingo purposes minus the expenses allowed under Section
   11-6  19(c) of this Act incurred during the preceding quarter.
   11-7        (m)  Notwithstanding Subsection (k) of this section, a
   11-8  licensed authorized organization may retain $10,000 or less in the
   11-9  organization's bingo account as a reserve for expenditures
  11-10  authorized under Section 19(c) of this Act.
  11-11        SECTION 9.  Sections 11(e) and 19(b), Bingo Enabling Act
  11-12  (Article 179d, Vernon's Texas Civil Statutes), are repealed.
  11-13        SECTION 10.  This Act takes effect September 1, 1995.
  11-14        SECTION 11.  The importance of this legislation and the
  11-15  crowded condition of the calendars in both houses create an
  11-16  emergency and an imperative public necessity that the
  11-17  constitutional rule requiring bills to be read on three several
  11-18  days in each house be suspended, and this rule is hereby suspended.