NDT C.S.S.B. 432 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES C.S.S.B. 432 By: Lucio (Wilson) 5-20-97 Committee Report (Substituted) BACKGROUND Current law does not provide for the Texas Gaming Commission. The present gaming agencies (Texas Lottery Commission. Texas Racing Commission and bingo which is currently administered by the Texas Lottery Commission) exists independently. PURPOSE As proposed, C.S.S.B. 432 establishes the Texas Gaming Commission to regulate all gaming in the State of Texas; lottery, horse racing, greyhound racing and giving bingo a permanent home rather than being moved from agency to agency. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Gaming Commission in Section 1.01 of the bill under Section 468.103 to adopt rules as necessary for operation of the commission and to review all rules adopted by the Texas Bingo Commission, Texas Racing Commission, and the Texas Lottery Commission. The commission may recommend a change to a rule after completion of the review under Subsection (b) of Section 468.103, if the commission determines a change is in the best interest of the state. SECTION BY SECTION ANALYSIS SECTION 1.01 Amends Subtitle E, Title 4, Government Code, by adding Chapter 468 to create the Texas Gaming Commission to assist the Texas Bingo Commission, Texas Lottery Commission, and the Texas Racing Commission. SECTION 1.02 Provides for the creation and administration of the Texas Gaming Commission. SECTION 2.01 Amends Section 467.033, Government Code, to provide for a lottery division director in the lottery commission. SECTION 2.02 Amends Section 467.035(a), Government Code, to remove a prohibition against employing persons with a financial interest in a bingo commercial lessor, distributor, or manufacturer. SECTION 2.03 Amends Sections 467.101(a) and (c), Government Code, to remove lottery commission authority to regulate bingo. SECTION 2.04 Amends the Government Code by repealing Sections 467.021(2), 467.031, and 467.032(c), to remove references to bingo and making conforming changes. SECTION 3.01 Amends Section 2(20), Bingo Enabling Act, to specify that commission and commissioner refer to the Texas Bingo commissioner. SECTION 3.02 Amends the Bingo Enabling Act by adding Sections 2A-2S, relating to the powers and duties of the Texas Bingo commissioner, the commission executive director, and to provide for application of the Texas Sunset Act. SECTION 3.03 Amends Section 2B, Bingo Enabling Act, to redesignate as Section 3. SECTION 3.04 Amends Section 16(a), Bingo Enabling Act, to specify that the commission's authority to administer bingo is executed through the executive director. SECTION 3.05 Creates the Texas Bingo Commission. Transfers regulatory authority, employees, and property from the lottery commission to the bingo commission. SECTION 4.01 Amends Sections 572.003(b) and (c), Government Code, to make conforming amendments. SECTION 4.02 Amends Article 2.12, Code of Criminal Procedure, to add investigators employed by the Texas Bingo Commission to the list of personnel classified as peace officers. SECTION 5.01 Effective date: September 1, 1997. SECTION 5.02 Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original version amended the Bingo Enabling Act and transferred the authority to regulate bingo from the Texas Lottery Commission to the Texas Department of Licensing and Regulation. The substitute provides for the creation and administration of the Texas Gaming Commission.