By Palmer                                       H.B. No. 2714

      75R8396 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to bingo reform.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 16(e)-(g), Bingo Enabling Act (Article

 1-5     179d, Vernon's Texas Civil Statutes), are amended to read as

 1-6     follows:

 1-7           (e)  The commission shall, upon proof by a preponderance of

 1-8     the evidence, [After a hearing, the commission may] suspend or

 1-9     revoke any license issued under this Act for failure to comply with

1-10     this Act, [or] a rule adopted [by the commission] under this Act,

1-11     or for any reason that would allow or require the commission to

1-12     refuse to issue or renew a license. A proceeding under this

1-13     subsection shall be conducted according to the provisions of

1-14     Subchapters C-G, Chapter 2001, Government Code  [of the same class.

1-15     The commission may summarily suspend a license issued under this

1-16     Act for failure to comply with this Act or a rule adopted by the

1-17     commission under this Act if the commission determines that the

1-18     licensee's continued operation may constitute an immediate threat

1-19     to the health, safety, morals, or welfare of the public.  The

1-20     Administrative Procedure and Texas Register Act (Article 6252-13a,

1-21     Vernon's Texas Civil Statutes) does not apply to the commission in

1-22     the enforcement and administration of a summary suspension under

1-23     this section].

1-24           (f)  The director of bingo operations may summarily suspend

 2-1     any license issued under this Act if the director determines that

 2-2     reasonable grounds exist to believe that a licensee has failed to

 2-3     comply with this Act, a rule adopted under this Act, or for any

 2-4     reason that would allow or require the commission to refuse to

 2-5     issue or renew a license. A proceeding to summarily suspend a

 2-6     license [issued under this Act] is initiated by service of notice

 2-7     to the licensee [the commission by serving notice to the licensee

 2-8     informing it of the right to a hearing before the commission].  The

 2-9     notice may [must] be personally served by physical delivery to any

2-10     [on an] officer, director, operator, or other agent of  the

2-11     licensee.  Notice by personal service is effective on delivery.

2-12     Notice may be served [or sent] by certified or registered mail,

2-13     return receipt requested, to the licensee's mailing address as it

2-14     appears on the commission's records.  Notice served by mail is

2-15     effective on mailing.  A license is suspended at the time notice is

2-16     effective and the licensee shall immediately surrender the license

2-17     to the commission.  [The notice must state the alleged violations

2-18     that constitute grounds for summary suspension.]

2-19           (g)  The notice must state the grounds for the summary

2-20     suspension and must inform the licensee of the location, date, and

2-21     time of a preliminary hearing  [If a notice of summary suspension

2-22     is served on a licensee, the commission shall simultaneously serve

2-23     notice of a hearing, to be held within 10 days after the date the

2-24     notice is served,] at which the licensee may appear and [shall]

2-25     show cause why the license should not remain [be summarily]

2-26     suspended pending a final suspension or revocation hearing [on the

2-27     10th day after the date the notice is served].  A preliminary

 3-1     hearing shall be  convened not later than the 10th day after the

 3-2     date of the summary suspension of the license. Subchapters C-G,

 3-3     Chapter 2001, Government Code:

 3-4                 (1)  do not apply to enforcement and administration of

 3-5     a summary suspension under this section; and

 3-6                 (2)  do apply to a final hearing on a suspension or

 3-7     revocation  [A final hearing on the suspension or revocation of the

 3-8     license shall be held, if requested by the licensee, within 30 days

 3-9     after the date the commission receives written notice of the

3-10     request.  A final hearing on suspension or revocation is governed

3-11     by the same rules as a hearing on any other suspension or

3-12     revocation under this Act].

3-13           SECTION 2.  The Bingo Enabling Act (Article 179d, Vernon's

3-14     Texas Civil Statutes) is amended by adding Sections 27a, 27b, 27c,

3-15     27d, and 27e to read as follows:

3-16           Sec. 27a.  INVESTIGATION OF PROHIBITED ACTIVITY.  (a)  If the

3-17     director of bingo operations has reason to believe that a person

3-18     has engaged, is engaging, or is likely to engage in an activity

3-19     prohibited under this Act or the rules of the commission, the

3-20     director of bingo operations may:

3-21                 (1)  make any necessary investigation to determine

3-22     whether the prohibited activity has occurred or is likely to occur

3-23     or to aid in the enforcement of the laws or regulations

3-24     administered by the commission;

3-25                 (2)  initiate appropriate disciplinary action as

3-26     provided by this Act and the rules of the commission; and

3-27                 (3)  report any prohibited activity to an appropriate

 4-1     law enforcement agency or another regulatory agency.

 4-2           (b)  The commission may furnish any materials, documents,

 4-3     reports, complaints, or other evidence the commission has compiled

 4-4     in connection with a prohibited activity to a law enforcement

 4-5     agency after the commission has received a written request from the

 4-6     law enforcement agency.  The commission may assist the law

 4-7     enforcement agency or other regulatory agency as requested.

 4-8           (c)  A person acting without malice, fraudulent intent, and

 4-9     bad faith is not subject to liability, including liability for

4-10     libel, slander, or other relevant tort, if the person files a

4-11     report or furnishes, orally or in writing, information concerning a

4-12     suspected, anticipated, or completed prohibited activity to a law

4-13     enforcement agency, the commission, or another regulatory agency

4-14     with appropriate jurisdiction, or an agent or employee of a law

4-15     enforcement agency, the commission, or other regulatory agency.

4-16     This section does not:

4-17                 (1)  affect or modify a common law or statutory

4-18     privilege or immunity;

4-19                 (2)  preempt the authority or relieve the duty of a law

4-20     enforcement agency or other regulatory agency with appropriate

4-21     jurisdiction to investigate and prosecute suspected criminal acts;

4-22                 (3)  prohibit a person from voluntarily disclosing

4-23     information to a law enforcement agency or other regulatory agency;

4-24     or

4-25                 (4)  limit a power or duty granted to the commission

4-26     under this Act or other law.

4-27           Sec. 27b.  SUBPOENA AUTHORITY.  (a)  This section applies to

 5-1     an investigation by the commission of a prohibited activity as

 5-2     provided by Sections 27 and 27a of this Act, but does not affect

 5-3     the conduct of a contested case under Chapter 2001, Government

 5-4     Code.

 5-5           (b)  The director of bingo operations may issue a subpoena to

 5-6     compel the attendance and testimony of a witness and the production

 5-7     of a book, account, record, paper, or correspondence relating to a

 5-8     matter that the commission has authority to consider or investigate

 5-9     at the commission's offices in Austin or at another place the

5-10     commission designates.

5-11           (c)  A member of the commission, the director of bingo

5-12     operations, or an employee of the commission must sign and issue

5-13     the subpoena.

5-14           (d)  A person who is required by subpoena to attend a

5-15     proceeding before the commission is entitled to receive:

5-16                 (1)  reimbursement for mileage, in the amount provided

5-17     for travel by state employees, for traveling to or returning from a

5-18     proceeding that is more than 25 miles from the witness's residence;

5-19     and

5-20                 (2)  a fee for each day or part of a day the witness is

5-21     necessarily present as a witness, in an amount equal to the per

5-22     diem travel allowance of a state employee.

5-23           (e)  An employee of the commission may serve the subpoena or

5-24     have the subpoena served by an authorized agent of the commission,

5-25     a sheriff, or a constable.  The sheriff's or constable's fee for

5-26     serving the subpoena must be the same as the fee paid the sheriff

5-27     or constable for similar services.

 6-1           (f)  A person possessing materials located outside this state

 6-2     that are requested by the commission may make the materials

 6-3     available to the commission or a representative of the commission

 6-4     for examination at the place where the materials are located.  The

 6-5     commission may designate a representative, including an official of

 6-6     the state in which the materials are located, to examine the

 6-7     materials and may respond to similar requests from an official of

 6-8     another state, the United States, or a foreign country.

 6-9           (g)  The authority granted under this section is in addition

6-10     to other law authorizing the commission to obtain or require

6-11     information.

6-12           Sec. 27c.  ENFORCEMENT OF SUBPOENA.  (a)  If necessary, the

6-13     director of bingo operations may apply to the district court of

6-14     Travis County or of the county in which the subpoena was served for

6-15     enforcement of the subpoena, and the court may issue an order

6-16     compelling compliance.

6-17           (b)  If the court orders compliance with the subpoena or

6-18     finds the person in contempt for failure to obey the order, the

6-19     commission, or the attorney general if representing the commission,

6-20     may recover reasonable court costs, attorney's fees, and

6-21     investigative costs incurred in the proceeding.

6-22           Sec. 27d.  CONFIDENTIALITY OF SUBPOENAED RECORDS.

6-23     (a)  Notwithstanding Section 28 of this Act, a book, account,

6-24     record, paper, correspondence, or other document subpoenaed and

6-25     produced under Section 27b of this Act that is otherwise made

6-26     privileged or confidential by law remains privileged or

6-27     confidential unless admitted into evidence at an administrative

 7-1     hearing or in a court.  The commission may issue an order

 7-2     protecting the confidentiality or privilege of the document and

 7-3     restricting its use or distribution by any person or in any

 7-4     proceeding, other than a proceeding before the commission.

 7-5           (b)  Subject to this Act and confidentiality provisions of

 7-6     other law administered by the commission, information or material

 7-7     acquired by the commission under a subpoena is not a public record

 7-8     for the period the commission considers necessary to complete the

 7-9     investigation, protect the person being investigated from

7-10     unwarranted injury, or serve the public interest.  Information or

7-11     material acquired by the commission under subpoena is not subject

7-12     to a subpoena, except a valid grand jury subpoena, until released

7-13     for public inspection by the commission or, after notice and a

7-14     hearing, a district court determines that the public interest and

7-15     any investigation by the commission would not be jeopardized by

7-16     obeying the subpoena.  The district court order may not apply to:

7-17                 (1)  a record or communication received from another

7-18     law enforcement or regulatory agency except on compliance with the

7-19     confidentiality laws governing the records of the other agency; or

7-20                 (2)  an internal note, memorandum, report, or

7-21     communication made in connection with a matter that the commission

7-22     has the authority to consider or investigate, except on good cause

7-23     and compliance with applicable confidentiality laws.

7-24           Sec. 27e.  EVIDENCE.  (a)  If certified by the commission or

7-25     the director of bingo operations, a book, record, paper, or

7-26     document produced or testimony taken under a subpoena as provided

7-27     by this Act and held by the commission is admissible as evidence in

 8-1     any case without prior proof of its correctness and without other

 8-2     proof.  The certified book, record, document, or paper, or a

 8-3     certified copy, is prima facie evidence of the facts it contains.

 8-4           (b)  This section does not limit another provision of this

 8-5     Act or other law that provides for the admission of evidence or its

 8-6     evidentiary value.

 8-7           SECTION 3.  This Act takes effect September 1, 1997.

 8-8           SECTION 4.  The importance of this legislation and the

 8-9     crowded condition of the calendars in both houses create an

8-10     emergency and an imperative public necessity that the

8-11     constitutional rule requiring bills to be read on three several

8-12     days in each house be suspended, and this rule is hereby suspended.