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.