SRC-TNM S.B. 432 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 432
By: Lucio
State Affairs
2-20-97
As Filed


DIGEST 

Currently, the Bingo Division of the Texas Lottery Commission issues
licenses to conduct bingo games in 10 different classes.  Classes are
given alphabetical designation, from A to J,  according to the amount of
gross receipts generated by the charity.  In this designation system,
class A would represent those groups with receipts of up to $25,000 per
year.  Meanwhile, the class J would be representative of gross receipts
over $400,000 per year.     

The next component of the bingo formula is a class of licenses known as
lessors.  In 1995 this class had approximately 794 fraternal
organizations, 529 veterans organizations, 257 religious organizations,
109 volunteer fire departments, and 71 medical organizations.  Their
intent is to bridge the gap between public and private assistance for a
variety of purposes. 

Because of the breakdown of charitable distribution, concern was reflected
in the percentage of charitable distributions that organizations in
various classes were able to make on average.  Bingo was created to allow
those groups licensed to conduct bingo the ability to raise larger amounts
of money than they had previously been able to raise.  Often bingo
operations cannot raise enough money to pay expenses; thus no money is
left over for charities.  Bingo generally should return approximately 75
percent of gross play back to the players as prizes.  The net, after
prizes, is the revenue available to the charity, not the gross wagered
amount.  Any decrease in gross play will produce a much smaller net income
and magnify the percentages associated with the fixed expenses.  
Since the introduction of the lottery and with the growth of gaming on our
borders and within the state, bingo gross play has been underutilized.
Bingo also competes with other forms of entertainment and has done so with
limited ability, due to certain regulatory and advertising restrictions.
S.B. 432 grants rulemaking authority to the Texas Commission of Licensing
and Regulation for bingo activity and outlines provisions regarding the
regulation and operation of bingo. 

PURPOSE

As proposed, S.B. 432 outlines provisions regarding the regulation and
operation of bingo. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission of Licensing and
Regulation under SECTIONS 2, 5, 6, 8, and 9 (Sections 11(f) and (u),
14(e), 16(a), (c) and (j), 20(c) and Sec. 44(c), Article 179d, V.T.C.S.)
of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2(20), Article 179d, V.T.C.S. (Bingo Enabling
Act), to redefine "commission."  

SECTION 2. Amends Section 11, Article 179d, V.T.C.S., by amending
Subsections (f), (g), (k), (p), (q), and (u), to authorize a licensed
authorized organization (organization) to offer or award a series of
prizes on not more than one bingo occasion each week as provided by rules
adopted by the Texas Commission of Licensing and Regulation (commission).
Deletes text prohibiting bingo games other than instant bingo from
aggregating more than $2,500.  Prohibits a game of chance other than a
raffle conducted under the Charitable Raffle Enabling Act (Article 179f,
V.T.C.S.) from being  conducted when bingo is being played.  Sets forth
the persons authorized to promote bingo.  Sets forth the persons
prohibited from obtaining reimbursement for advertising expenses from an
organization.  Prohibits a person from including the amount of a prize
offered at a bingo occasion in an advertisement.  Sets forth prohibitions
for an organization. Requires the commission, by rule, to prohibit the
playing of bingo by use of a uniform product code bar coding device or
symbol. Deletes text prohibiting an organization from awarding a door
prize to persons present at a bingo occasion in addition to prizes awarded
for winning the individual bingo games.  Makes nonsubstantive changes. 
 
SECTION 3. Amends Section 11a(a), Article 179d, V.T.C.S., to prohibit the
rent charged by a lessor to an organization to conduct bingo from
exceeding $450, rather than $600, for each bingo occasion.  Make a
conforming change. 

SECTION 4. Amends Section 13, Article 179d, V.T.C.S., by adding Subsection
(p), to prohibit the commission from issuing a commercial license to lease
bingo premises to an organization unless the commission receives evidence
indicating that the organization is able to perform certain actions. 

SECTION 5. Amends Section 14, Article 179d, V.T.C.S., by amending
Subsection (b) and adding Subsections (d) and (e), to authorize a license
to be amended on payment of a $10, rather than a $25 fee.  Deletes text
prohibiting a licensee from changing the time of the licensee's bingo
games. Requires a licensee to notify the commission before changing the
time or date of a bingo game. Authorizes a licensee to provide notice to
the commission regarding the change of time or date of a bingo game by use
of telephone or facsimile.  Requires the commission, by rule, to provide a
method by which a licensee may pay the amendment fee required by this
section. 

SECTION 6. Amends Section 16, Article 179d, V.T.C.S., to require the
commission, rather than the administrator, to employ a director of bingo
operations to administer the division under the direction of the
commission.  Authorizes the commission to temporarily, rather than
summarily, suspend a license.  Requires the director of bingo operations
to follow any prehearing rules adopted by the commission to determine if
the licensee's operation constitutes a threat to the welfare of the public
before temporarily suspending a license.  Provides that a proceeding to
temporarily suspend a license is initiated by the director of bingo
operations by serving notice to the licensee informing the licensee of the
rules adopted by the commission regarding the rehearing temporary
suspension process and of the licensee's right to a hearing.  Makes a
standard recodification change.  Makes conforming and nonsubstantive
changes. 

SECTION 7. Amends Sections 19b(a) and (b), Article 179d, V.T.C.S., to
require an organization to collect a fee from each person who wins a prize
valued at more than $250 in a bingo game. Provides that the fee imposed by
this section is five percent of the amount computed by subtracting $250
from the value of the prize.   

SECTION 8. Amends Section 20, Article 179d, V.T.C.S., to  require a
licensee or any person conducting bingo games without a license to report
to the comptroller, rather than the state treasurer, quarterly the taxes
and fees authorized or imposed by this Act.  Provides that the taxes and
fees authorized by this Act are due and payable by the licensee or a
person conducting bingo games without a license to the comptroller
semimonthly.  Sets forth the requirements of a taxpayer. Requires the
commission to adopt rules regarding payment of taxes and fees. 

SECTION 9. Amends Article 179d, V.T.C.S., by adding Sections 44 and 45, as
follows: 

Sec. 44. TRAINING PROGRAM. Requires the person designated by the
organization under Section 12(a)(7) of this Act to annually complete 15
hours of training as provided by the rules of the commission.  Sets forth
information to be included in a program approved by the commission.  Sets
forth information the commission is required to establish, by rule.   

Sec. 45. OTHER POWERS AND DUTIES OF COMMISSION. Provides that the powers
and duties of the commission under this Act are in addition to the powers
and duties of the commission under Article 9100, V.T.C.S. 

 SECTION 10. Repealer: Section 11(e) and Section 25, Bingo Enabling Act
(Restrictions on Bingo Games and Delivery of Return; Remittance). 

SECTION 11. (a) Provides that the powers and duties of the Texas Lottery
Commission with regard to regulation of the playing of bingo in this state
are transferred to the Texas Commission of Licensing and Regulation.   

(b) Provides that the Texas Commission of Licensing and Regulation assumes
the position of the Texas Lottery Commission in relation to any liability,
obligation, agreement, or contract of the Texas Lottery Commission for the
regulation of bingo.   

(c) Requires the Texas Lottery Commission to transfer the records and
other property used for the regulation of bingo to the Texas Commission of
Licensing and Regulation and requires any unexpended and unobligated
appropriation to the Texas Lottery Commission for the regulation of bingo
to be transferred to the Texas Commission of Licensing and Regulation on
the effective date of this Act. 

(d) Provides that a rule applicable to the regulation of bingo adopted by
the Texas Lottery Commission that is in effect immediately before the
effective date of this Act becomes a rule of the Texas Commission of
Licensing and Regulation and remains in effect until amended or repealed
by the Texas Commission of Licensing and Regulation. 

(e) Provides that the validity of actions taken by the Texas Lottery
Commission, including the issuance of a license, is not affected by this
Act.  Provides that to the extent those actions continue to have any
effect on or after September 1, 1997, they are considered to be the
actions of the Texas Commission of Licensing and Regulation.    

SECTION 12. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 13. Requires the Texas Legislative Council to prepare a
nonsubstantive revision of the Bingo Enabling Act (Article 179d, V.T.C.S.)
for consideration by the 76th Legislature at its regular session in 1999. 

SECTION 14. Emergency clause.