H.B. No. 3021
    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) and (25) to read as
    1-7  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   1-19  withdrawn to determine the letters and numbers or other symbols to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, electronic or mechanical cardminding devices, pull-tab
   1-21  or instant bingo dispensers, <the balls or items themselves,> bingo
   1-22  cards, and any other device commonly used in the direct operation
   1-23  of the game. "Bingo equipment" does not include:
    2-1                    (A)  a bingo game set commonly manufactured and
    2-2  sold as a child's game for a retail price of $20 or less unless the
    2-3  set or a part of the set is actually used in a bingo game subject
    2-4  to regulation under this Act; or
    2-5                    (B)  commonly available component parts of bingo
    2-6  equipment such as light bulbs, fuses, or bingo balls.
    2-7              (24)  "Ticket or pull-tab dispenser" means an
    2-8  electronic or mechanical device that dispenses a break-open bingo
    2-9  ticket, an instant bingo ticket, or a pull-tab bingo game after a
   2-10  person inserts money into the device.  A bingo game representation
   2-11  or combination of bingo games must be shown on the ticket
   2-12  dispensed.
   2-13              (25)  "Automated bingo services" means a computer
   2-14  program or system for registering or accounting for bingo sales,
   2-15  prizes, inventory, and prize fees, for generating required reports
   2-16  to the commission, and for providing the conductor of a bingo game
   2-17  with other information requested for accounting or other business
   2-18  purposes.
   2-19        SECTION 2.  Section 11, Bingo Enabling Act (Article 179d,
   2-20  Vernon's Texas Civil Statutes), is amended by amending Subsections
   2-21  (d), (k), (o), (r), and (u) and adding Subsections (v), (w), (x),
   2-22  (y), and (z) to read as follows:
   2-23        (d)  The net proceeds of any game of bingo and of any rental
   2-24  of premises for bingo by a licensed authorized organization shall
   2-25  be exclusively devoted to charitable purposes.
    3-1        (k)  A game of chance other than bingo may not be conducted
    3-2  or allowed during an occasion when bingo is played.  This
    3-3  subsection does not prohibit the exhibition and play of an
    3-4  amusement machine that is not a gambling device as defined by
    3-5  Section 47.01, Penal Code.
    3-6        (o)  A licensed distributor may not furnish by sale, lease,
    3-7  or any other manner bingo equipment, devices, or supplies to a
    3-8  person other than a licensed authorized organization, another
    3-9  licensed distributor, or a person authorized to conduct bingo under
   3-10  Section 39(b)(3) or (4) of this Act.  A sale of bingo equipment,
   3-11  devices, or supplies authorized by this subsection must be made on
   3-12  terms requiring immediate payment or requiring payment not later
   3-13  than the 30th day after the date of actual delivery.
   3-14        (r)  A licensed distributor may not receive by purchase or
   3-15  any other manner bingo equipment, devices, or supplies from a
   3-16  person other than a licensed manufacturer or another licensed
   3-17  distributor.
   3-18        (u)  Bingo may be played using a pull-tab bingo game, a
   3-19  break-open bingo ticket, or an instant bingo ticket subject to the
   3-20  rules of the commission <A licensed authorized organization may not
   3-21  conduct a bingo game in which any player uses or is assisted by a
   3-22  computerized or electronic device that is used instead of or in
   3-23  conjunction with the player's traditional paper or nondisposable
   3-24  bingo card>.
   3-25        (v)  A person may not use a card-minding device:
    4-1              (1)  to generate or determine the random letters,
    4-2  numbers, or other symbols used in playing the bingo card played
    4-3  with the device's assistance;
    4-4              (2)  as a receptacle for the deposit of tokens or
    4-5  money, including coins or paper currency, in payment for playing
    4-6  the bingo card played with the device's assistance; or
    4-7              (3)  as a dispenser for the payment of a bingo prize,
    4-8  including coins, paper currency, or any thing of value for the
    4-9  bingo card played with the device's assistance.  No more than 30
   4-10  percent of gross bingo game sales at each bingo occasion can be on
   4-11  electronic or mechanical card-minding devices.  This provision does
   4-12  not include, pull-tabs, instant bingo tickets, or break-open bingo
   4-13  games.
   4-14        (w)  A ticket or pull-tab dispenser may not be used:
   4-15              (1)  to generate or determine the random letters,
   4-16  numbers, or other symbols used in playing a bingo game;
   4-17              (2)  to affect the chances of winning at a bingo game;
   4-18              (3)  as a dispenser for the payment of a bingo prize,
   4-19  including coins, paper currency, or any thing of value for the
   4-20  bingo game played.
   4-21        (x)  The price of a break-open bingo ticket, instant bingo
   4-22  ticket, or a pull-tab bingo game sold by a ticket or pull-tab
   4-23  dispenser may not exceed $1 for each break-open bingo ticket,
   4-24  instant bingo ticket, or pull-tab bingo game sold.  No more than
   4-25  five pull-tab or instant bingo dispensers may be operated in any
    5-1  bingo premises.
    5-2        (y)  A licensed authorized organization may lease or purchase
    5-3  electronic or mechanical card-minding devices, pull-tab or instant
    5-4  bingo ticket dispensers, bingo machines, consoles, blowers, and
    5-5  flashboards directly from licensed distributors.
    5-6        (z)  The toll-free "800" number operated by the Problem
    5-7  Gamblers' HelpLine of the Texas Council on Problem and Compulsive
    5-8  Gambling must be prominently displayed on each card-minding device
    5-9  and ticket or pull-tab dispenser.
   5-10        SECTION 3.  Section 13, Bingo Enabling Act (Article 179d,
   5-11  Vernon's Texas Civil Statutes), is amended by amending Subsections
   5-12  (b) and (j) and adding Subsections (s), (t), and (u) to read as
   5-13  follows:
   5-14        (b)  If a license is not issued or denied before the 31st day
   5-15  after the date of the filing of an application for a license, the
   5-16  payment of the proper license fee, the filing of a copy of a valid
   5-17  Section 501(c) exemption statement issued by the Internal Revenue
   5-18  Service, if required, and the completion of a criminal background
   5-19  investigation has been completed <On preliminary approval of an
   5-20  application>, the commission shall <may> issue a temporary
   5-21  authorization for the activity requested that is valid, subject to
   5-22  automatic revocation if a denial letter is issued, for <any period
   5-23  of> not more than 60 days.  The effective period may be extended by
   5-24  the commission on written request filed before the end of the
   5-25  period of temporary authorization except as limited by Subsection
    6-1  (h) of this section.
    6-2        (j)  A license may not be transferred by a licensee, except
    6-3  that<, in accordance with commission rules,> a licensed commercial
    6-4  lessor <who is an individual> may transfer a <the individual's>
    6-5  license held by the licensee to a corporation formed by the
    6-6  licensee or from one corporation owned by the licensee to another
    6-7  corporation owned by the licensee <individual>.
    6-8        (s)  It is an offense for a person not licensed under this
    6-9  Act to sell or attempt to induce the sale of bingo equipment,
   6-10  devices, supplies, or automated bingo services to a person licensed
   6-11  to conduct bingo games.
   6-12        (t)  A system service provider shall not provide these
   6-13  services to anyone other than a licensed authorized organization or
   6-14  a group of licensed authorized organizations to conduct bingo.  It
   6-15  is an offense for a system service provider to provide these
   6-16  services to anyone other than a licensed authorized organization or
   6-17  a group of licensed authorized organizations to conduct bingo.
   6-18        (u)  An offense under Subsection (s) or (t) is a Class A
   6-19  misdemeanor.
   6-20        SECTION 4.  The Bingo Enabling Act (Article 179d, Vernon's
   6-21  Texas Civil Statutes) is amended by adding Section 13e to read as
   6-22  follows:
   6-23        Sec. 13e.  SYSTEM SERVICE PROVIDER'S LICENSE.  (a)  To sell
   6-24  or supply, in any manner, automated bingo services for the use of
   6-25  licensed authorized organizations, each system service provider
    7-1  must obtain a license from the commission.
    7-2        (b)  An applicant for a license must file with the commission
    7-3  a written application that includes:
    7-4              (1)  the name and address of the applicant;
    7-5              (2)  if a noncorporate entity, the name and address of
    7-6  each owner;
    7-7              (3)  if a corporation, the name and address of each
    7-8  officer and director and each person owning 10 percent or more of
    7-9  any class of stock in the corporation;
   7-10              (4)  information regarding whether the applicant or any
   7-11  person who is required to be named in the application has been
   7-12  convicted of a felony, criminal fraud, gambling, or gambling
   7-13  related offense, or a crime of moral turpitude; and
   7-14              (5)  information regarding whether the applicant or any
   7-15  person required to be named in the application is an owner,
   7-16  officer, director, shareholder, agent, or employee of a commercial
   7-17  lessor licensed under this Act.
   7-18        (c)  A person is not eligible for a license under this
   7-19  section if:
   7-20              (1)  the person has been convicted of a felony,
   7-21  criminal fraud, a gambling offense, a gambling related offense, or
   7-22  a crime of moral turpitude and it has been less than 10 years since
   7-23  the termination of the sentence, parole, or probation related to
   7-24  the offense; or
   7-25              (2)  the person is an owner, officer, or director of a
    8-1  holder of a commercial lessor licensed under this Act.
    8-2        (d)  The fee for a system service provider license is $1,000
    8-3  plus any cost incurred to conduct the criminal background checks.
    8-4        (e)  A system service provider shall not hold another license
    8-5  under this Act.
    8-6        (f)  A license for a system service provider shall be revoked
    8-7  if within the license period any disqualifications under this
    8-8  section occur.
    8-9        (g)  A system service provider is subject to the same
   8-10  licensing provisions for manufacturers and distributors as stated
   8-11  in Sections 13a(a) and 13b(b) of this Act.
   8-12        (h)  The commission upon receipt of a complaint may inspect
   8-13  the system service provider services.  The system service provider
   8-14  shall provide sufficient information to the commission in regards
   8-15  to a complaint.
   8-16        SECTION 5.  Section 16(j), Bingo Enabling Act (Article 179d,
   8-17  Vernon's Texas Civil Statutes), is amended to read as follows:
   8-18        (j)  The commission by rule may <shall> establish the number
   8-19  and type of bingo games that may be played during an occasion.
   8-20        SECTION 6.  Section 17(a), Bingo Enabling Act (Article 179d,
   8-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   8-22        (a)  A person under the age of 18 years may not play a game
   8-23  of bingo conducted under a license issued under this Act unless the
   8-24  person is accompanied by his parent or guardian, except that a
   8-25  licensee may prohibit all persons under the age of 18 or an age
    9-1  younger than 18 years of age as determined by the licensee from
    9-2  entering the licensed premises by posting a written notice to that
    9-3  effect at the place where the game is conducted.
    9-4        SECTION 7.  Section 18, Bingo Enabling Act (Article 179d,
    9-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    9-6        Sec. 18.  FREQUENCY AND TIMES OF GAMES.  An occasion <A game>
    9-7  of bingo may not be conducted under any license issued under this
    9-8  Act more often than three days per calendar week, not to exceed
    9-9  four hours per 24-hour period.  A licensed organization may conduct
   9-10  two occasions per 24-hour period.  <Only one bingo occasion per day
   9-11  may be conducted under each license issued under this Act.>  No
   9-12  more than two organizations may conduct a game of bingo in one
   9-13  place on one 24-hour period <day>.  If two organizations conduct
   9-14  games of bingo in one place on one 24-hour period <day>, these
   9-15  occasions must be announced separately, and an intermission of at
   9-16  least 10 <30> minutes must occur between the games.  No more than
   9-17  two bingo occasions per day may be conducted at any location except
   9-18  that a third occasion per day may be conducted at any location
   9-19  except that a third occasion may be conducted under a temporary
   9-20  license held by a licensed authorized organization at that
   9-21  location.  No more than seven licensed authorized organizations may
   9-22  conduct bingo at any bingo premises.  <A game conducted under a
   9-23  temporary license may not be conducted in violation of this
   9-24  section.>
   9-25        SECTION 8.  Section 19a, Bingo Enabling Act (Article 179d,
   10-1  Vernon's Texas Civil Statutes), is amended by amending Subsection
   10-2  (d) to read as follows:
   10-3        (d)  The following items of expense incurred or paid by an
   10-4  organization in connection with bingo must be paid from the
   10-5  organization's bingo account:
   10-6              (1)  advertising;
   10-7              (2)  security during a bingo occasion;
   10-8              (3)  the purchase and repair of bingo supplies and
   10-9  equipment;
  10-10              (4)  prizes, other than authorized cash prizes;
  10-11              (5)  stated rental;
  10-12              (6)  bookkeeping, legal, or accounting services;
  10-13              (7)  fees for callers, cashiers, and ushers;
  10-14              (8)  license fees; <and>
  10-15              (9)  janitorial services; and
  10-16              (10)  payment for services provided by a system service
  10-17  provider, which may be paid from gross receipts as defined in this
  10-18  Act.
  10-19        SECTION 9.  Section 19(b), Bingo Enabling Act (Article 179d,
  10-20  Vernon's Texas Civil Statutes), is repealed.
  10-21        SECTION 10.  Nothing in this Act shall be construed as
  10-22  authorizing any game using a video lottery machine or machines.  In
  10-23  this section "video lottery machine" or "machine" means any
  10-24  electronic video game machine that, upon insertion of cash, is
  10-25  available to play or simulate the play of a video game, including
   11-1  but not limited to video poker, keno, and blackjack, utilizing a
   11-2  video display and microprocessor in which the player may receive
   11-3  free games or credits that can be redeemed for cash, coins, or
   11-4  tokens or that directly dispenses cash, coins, or tokens.
   11-5        SECTION 11.  This Act takes effect September 1, 1995.
   11-6        SECTION 12.  The importance of this legislation and the
   11-7  crowded condition of the calendars in both houses create an
   11-8  emergency and an imperative public necessity that the
   11-9  constitutional rule requiring bills to be read on three several
  11-10  days in each house be suspended, and this rule is hereby suspended.