By:  Lucio                                             S.B. No. 432

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation and operation of bingo.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 2, Bingo Enabling Act (Article 179d,

 1-4     Vernon's Texas Civil Statutes), is amended by amending Subdivision

 1-5     (20) and adding Subdivisions (26) through (29) to read as follows:

 1-6                 (20)  "Commission" means the Texas Department of

 1-7     Licensing and Regulation [Lottery Commission].

 1-8                 (26)  "Instant bingo," "pull-tab bingo," and

 1-9     "break-open bingo" means a form of bingo played using tickets with

1-10     perforated break-open tabs, made of paper or paper products, the

1-11     face of which is covered or otherwise hidden from view to conceal

1-12     numbers, letters, or symbols, some of which have been designated in

1-13     advance as prize winners.

1-14                 (27)  "Licensed authorized organization" means an

1-15     authorized organization that holds a license to conduct bingo games

1-16     as provided by this Act and the rules adopted by the commission.

1-17                 (28)  "Primary business office" means the location at

1-18     which all records relating to the primary purpose of a licensed

1-19     authorized organization are maintained in the ordinary course of

1-20     business.

1-21                 (29)  "Location," "place," or "premises" means the area

1-22     subject to the direct control of, and to actual use by, a licensed

1-23     authorized organization or group of licensed authorized

 2-1     organizations for the purpose of conducting a game of bingo.

 2-2           SECTION 2.  Subsections (g), (k), (p), (q), (u), and (v),

 2-3     Section 11, Bingo Enabling Act (Article 179d, Vernon's Texas Civil

 2-4     Statutes), are amended to read as follows:

 2-5           (g)  A [person other than a] bona fide member of a licensed

 2-6     authorized organization may [not] conduct, promote, or administer,

 2-7     or assist in conducting, promoting, or administering, a bingo game.

 2-8           (k)  A game of chance other than bingo or a raffle conducted

 2-9     under the Charitable Raffle Enabling Act (Article 179f, Revised

2-10     Statutes, as added by Chapter 957, Acts of the 71st Legislature,

2-11     Regular Session, 1989) may not be conducted or allowed during an

2-12     occasion when bingo is played.  This subsection does not prohibit

2-13     the exhibition and play of an amusement machine that is not a

2-14     gambling device as defined by Section 47.01, Penal Code.

2-15           (p)  No one other than a licensed authorized organization may

2-16     advertise [or promote] bingo.  A licensed authorized organization

2-17     may [not] include in an advertisement or promotion the amount of a

2-18     prize or series of prizes offered at a bingo occasion.

2-19           (q)  A licensed authorized organization or other person may

2-20     not award or offer to award a door prize having a value of more

2-21     than $250 [or other prize to persons present at a bingo occasion or

2-22     participating in a bingo occasion in addition to the prizes awarded

2-23     for winning the individual bingo games].

2-24           (u)  Bingo may be played using a pull-tab bingo game, a

2-25     break-open bingo ticket, or an instant bingo ticket subject to the

 3-1     rules of the commission.  The commission by rule shall prohibit the

 3-2     playing of bingo by use of a uniform product code bar coding device

 3-3     or symbol.

 3-4           (v)  A person may not use a card-minding device:

 3-5                 (1)  to generate or determine the random letters,

 3-6     numbers, or other symbols used in playing the bingo card played

 3-7     with the device's assistance;

 3-8                 (2)  as a receptacle for the deposit of tokens or

 3-9     money, including coins or paper currency, in payment for playing

3-10     the bingo card played with the device's assistance; or

3-11                 (3)  as a dispenser for the payment of a bingo prize,

3-12     including coins, paper currency, or any thing of value for the

3-13     bingo card played with the device's assistance.  No more than 40

3-14     [30] percent of the individuals attending a [gross bingo game sales

3-15     at each] bingo occasion, based on the average of two previously

3-16     submitted quarterly reports, may use [can be on] electronic or

3-17     mechanical card-minding devices.  This provision does not

3-18     include[,] pull-tabs, instant bingo tickets, or break-open bingo

3-19     games.

3-20           SECTION 3.  Subsection (a), Section 11a, Bingo Enabling Act

3-21     (Article 179d, Vernon's Texas Civil Statutes), is amended to read

3-22     as follows:

3-23           (a)  The rent charged by a licensed authorized commercial

3-24     lessor to a licensed authorized organization to conduct bingo may

3-25     not exceed $450 [$600] for each bingo occasion conducted on the

 4-1     premises, unless the lessee licensed authorized organization

 4-2     subleases the premises to one or more other licensed authorized

 4-3     organizations to conduct bingo, in which event the rent charged by

 4-4     the authorized commercial lessor may not exceed $450 [$600] for

 4-5     each day.

 4-6           SECTION 4.  Section 12, Bingo Enabling Act (Article 179d,

 4-7     Vernon's Texas Civil Statutes), is amended by amending Subsection

 4-8     (d) and adding Subsection (g) to read as follows:

 4-9           (d)  In addition to the bingo occasions otherwise authorized

4-10     by this Act, a licensed [An] authorized organization may [receive a

4-11     temporary license for the] conduct [of] bingo games for special

4-12     events at its licensed location on 12 bingo occasions during a

4-13     calendar year after [on] filing with the commission a written

4-14     notice.  The notice may be transmitted to the agency by facsimile.

4-15     The licensed authorized organization shall transmit the notice to

4-16     the commission before the third day preceding the date of the

4-17     special event.  The approval to conduct bingo during the special

4-18     event is a ministerial act by the commission [an application, on a

4-19     form prescribed by the commission, accompanied by a $25 license

4-20     fee].  A special event authorization [temporary license] is valid

4-21     for four hours during any one day.  [An organization may receive no

4-22     more than six temporary licenses in a calendar year.]  An

4-23     organization operating under a special event authorization

4-24     [temporary license] is subject to the taxes and fees authorized or

4-25     imposed by this Act and the other provisions of this Act to the

 5-1     extent they can be made applicable.  Notwithstanding the purposes

 5-2     of a licensed authorized organization, 30 percent of the net

 5-3     proceeds from a special event bingo occasion shall be dedicated for

 5-4     reading and literacy programs in the county where the authorized

 5-5     organization conducts bingo.

 5-6           (g)  For purposes of Subsection (a)(1) of this section:

 5-7                 (1)  a copy of the Internal Revenue Service letter that

 5-8     grants approval of an organization's Section 501(c) exemption is

 5-9     adequate evidence of the validity of the organization's tax exempt

5-10     status; and

5-11                 (2)  a letter of good standing from a parent

5-12     organization that holds a Section 501(c) exemption for both the

5-13     parent organization and its affiliate is adequate evidence of the

5-14     affiliate organization's Section 501(c) exemption.

5-15           SECTION 5.  Section 13, Bingo Enabling Act (Article 179d,

5-16     Vernon's Texas Civil Statutes), is amended by amending Subsections

5-17     (f) and (j) and adding Subsections (p) and (v) to read as follows:

5-18           (f)  A person who leases premises on which bingo is conducted

5-19     is [not] required to be a licensed commercial lessor if [unless]

5-20     the person leases directly to a licensed authorized organization.

5-21     An authorized organization that holds a commercial license to lease

5-22     premises on which bingo is conducted must be licensed to conduct

5-23     bingo at the same premises.

5-24           (j)  A license may not be transferred by a licensee[,] except

5-25     as provided by this subsection.

 6-1                 (1)  A commercial license to lease bingo premises may

 6-2     be transferred to another person with the prior approval of the

 6-3     commission.

 6-4                 (2)  A [that a] licensed commercial lessor may transfer

 6-5     a 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.

 6-8                 (3)  Subject to Subdivisions (4) and (5) of this

 6-9     subsection, if an individual who holds a commercial license to

6-10     lease bingo premises dies, or becomes incapacitated as determined

6-11     by a court of this state, the individual's license is part of the

6-12     individual's estate and is subject to the laws governing the

6-13     disposition and control of property under the circumstances.  Under

6-14     such circumstances, the license is not considered to have been

6-15     transferred, subject to compliance with Subdivision (6) of this

6-16     subsection.  The individual's estate may take any action with

6-17     respect to the individual's license that the individual could have

6-18     taken while the individual was alive.

6-19                 (4)  Unless an injunction is issued under this section,

6-20     a licensed authorized organization that conducts bingo lawfully at

6-21     any location that is the subject of a license to which Subdivision

6-22     (3) of this subsection applies may continue conducting bingo at the

6-23     location following the death or incapacity of the individual

6-24     license holder.

6-25                 (5)  On a showing of good cause by the commission, a

 7-1     district court having jurisdiction in the county for which a

 7-2     commercial lessor license was issued may temporarily or permanently

 7-3     enjoin the conduct of bingo at any location that is the subject of

 7-4     a license to which Subdivision (3) of this subsection applies.  For

 7-5     purposes of this section, "good cause" means any cause that would

 7-6     be sufficient for the commission to obtain a suspension under

 7-7     Section 16(e) of this Act.

 7-8                 (6)  The estate or guardian of an individual to whom

 7-9     Subdivision (3) of this section applies shall notify the commission

7-10     within one year of the date the individual dies or is determined to

7-11     be incapacitated by a court of this state.  The estate or guardian

7-12     and the heir or heirs or other appropriate person under the

7-13     circumstances shall promptly take all necessary steps to complete a

7-14     transfer of the license to the heir or heirs or other appropriate

7-15     person under the circumstances.  A transfer of a license under this

7-16     subsection requires the prior approval of the commission.  The

7-17     commission shall approve the transfer if the person to whom the

7-18     license will be transferred otherwise meets the requirements for

7-19     the license.

7-20           (p)  Notwithstanding Subsection (n) of this section, the

7-21     commission may not issue a commercial license to lease bingo

7-22     premises to a licensed authorized organization unless the

7-23     commission receives evidence that the commission considers to be

7-24     adequate indicating that the licensed authorized organization is

7-25     able to:

 8-1                 (1)  furnish the premises with furniture, fixtures, and

 8-2     equipment as provided by rules adopted by the commission;

 8-3                 (2)  provide utilities to the premises as provided by

 8-4     rules adopted by the commission; and

 8-5                 (3)  purchase the premises or renovate the premises as

 8-6     provided by rules adopted by the commission.

 8-7           (v)(1)  Except as provided by this subsection, no more than

 8-8     one bingo location may exist under a common roof or over a common

 8-9     foundation.

8-10                 (2)  Subdivision (1) of this subsection does not apply

8-11     where more than one bingo location lawfully existed under a common

8-12     roof or over a common foundation as of January 1, 1997, and the

8-13     commission shall renew any license at such location that is

8-14     otherwise in compliance with this Act.

8-15                 (3)  Subdivision (2) of this subsection applies if one

8-16     or more of the bingo locations under a common roof or over a common

8-17     foundation ceases to lawfully exist.

8-18           SECTION 6.  Subsection (i), Section 13c, Bingo Enabling Act

8-19     (Article 179d, Vernon's Texas Civil Statutes), is amended to read

8-20     as follows:

8-21           (i)  All sales of bingo cards, supplies, devices, or

8-22     equipment to licensees must be on terms of immediate payment or on

8-23     terms requiring payment not later than the 30th day following the

8-24     date of actual delivery.  If any payment is not made when due, the

8-25     seller shall notify the commission immediately and the commission

 9-1     shall notify all manufacturers and distributors licensed in the

 9-2     state of the default.  In that event, another licensed distributor

 9-3     [a person] may not sell or transfer any bingo equipment, devices,

 9-4     or supplies to the purchaser in default on any terms other than

 9-5     [immediate] payment on delivery and [until otherwise authorized by]

 9-6     the commission may not issue a license amendment or license renewal

 9-7     to the purchaser in default until the delinquent charges have been

 9-8     paid.  A licensed distributor shall notify the commission of a

 9-9     payment received from a purchaser in default not later than the

9-10     second day after the date the payment for the delinquent amount is

9-11     received.  The commission shall allow the purchaser to purchase

9-12     products from any licensed distributor after the payment of all

9-13     delinquent amounts by a purchaser in default.

9-14           SECTION 7.  Section 14, Bingo Enabling Act (Article 179d,

9-15     Vernon's Texas Civil Statutes), is amended by amending Subsection

9-16     (b) and adding Subsections (d) and (e) to read as follows:

9-17           (b)  A license issued under this Act may be amended on

9-18     application to the commission, and on payment of a $10 [$25] fee,

9-19     if the subject matter of the proposed amendment could lawfully and

9-20     properly have been included in the original license.  A licensee

9-21     may not change the location [or times] of its bingo games until it

9-22     has surrendered its original license and received an amended

9-23     license from the commission.

9-24           (d)  A licensee shall notify the commission before changing

9-25     the time or date of a bingo game.  A licensee may provide notice to

 10-1    the commission regarding the change of the time or date of a bingo

 10-2    game by use of telephone or facsimile.

 10-3          (e)  The commission by rule shall provide a method by which a

 10-4    licensee may pay the amendment fee required by this section.

 10-5          SECTION 8.  Section 16, Bingo Enabling Act (Article 179d,

 10-6    Vernon's Texas Civil Statutes), is amended to read as follows:

 10-7          Sec. 16.  CONTROL AND SUPERVISION; SUSPENSION OF LICENSES;

 10-8    INSPECTION OF PREMISES.  (a)  The commission shall administer this

 10-9    Act.  The commission has broad authority and shall exercise strict

10-10    control and close supervision over all games of bingo conducted in

10-11    this state to the end that the games are fairly conducted and the

10-12    proceeds derived from the games are used for the purposes

10-13    authorized in this Act.  The commission's authority under this Act

10-14    is executed through a division established by the [administrator of

10-15    the] commission to administer this Act.  The commission

10-16    [administrator] shall employ a director of bingo operations to

10-17    administer the division under the direction of the commission [and

10-18    administrator].  The commission may adopt rules for the enforcement

10-19    and administration of this Act.

10-20          (b)  The commission shall provide to any person on request a

10-21    printed copy of this Act and any rules applicable to the

10-22    enforcement of this Act.  The commission may impose a reasonable

10-23    charge for a copy of an item provided under this subsection.

10-24          (c) [(d)]  The commission by rule shall provide procedures

10-25    for the approval of bingo cards.  A licensee may not use or

 11-1    distribute a bingo card unless it has been approved by the

 11-2    commission.  The commission may set the price or adopt one or more

 11-3    schedules of prices at which bingo cards may be sold or otherwise

 11-4    furnished by a licensed authorized organization.  A licensed

 11-5    authorized organization may not sell or otherwise furnish a bingo

 11-6    card at a price other than a price authorized by the commission

 11-7    under this subsection or by a schedule adopted under this

 11-8    subsection.  The commission may establish procedures requiring a

 11-9    licensed authorized organization to notify the commission of the

11-10    price or price schedule for bingo cards the organization will use

11-11    for one or more reporting periods.  The commission shall issue a

11-12    temporary approval to a manufacturer for distribution of instant

11-13    bingo tickets not later than the fifth day after the date the

11-14    manufacturer submits acceptable instant bingo tickets to the

11-15    commission or not later than the seventh day, if the only change to

11-16    a previously approved ticket is the amount of any prize or the

11-17    number of winning tickets.  The commission shall issue a temporary

11-18    approval to a manufacturer for distribution of a bingo product

11-19    other than instant bingo tickets not later than the 30th day after

11-20    the date that the manufacturer submitted the bingo product to the

11-21    commission.  If the commission has not completed testing the

11-22    instant bingo tickets or other bingo product within the time as

11-23    provided by this section, the commission shall issue to the

11-24    manufacturer of the product a temporary license to sell the

11-25    untested instant bingo tickets or other bingo product in this

 12-1    state.  If the commission disapproves any bingo product issued

 12-2    temporary approval under this section, the manufacturer of the

 12-3    product shall remove, at the manufacturer's expense, the product

 12-4    from the premises of any license holder not later than the seventh

 12-5    day after the date the manufacturer is notified of the product's

 12-6    disapproval.

 12-7          (d) [(e)]  After a hearing, the commission may suspend or

 12-8    revoke any license issued under this Act for failure to comply with

 12-9    this Act or a rule adopted by the commission under this Act, or for

12-10    any reason that would allow or require the commission to refuse to

12-11    issue or renew a license of the same class.

12-12          (e)  The commission may temporarily [summarily] suspend a

12-13    license issued under this Act for failure to comply with this Act

12-14    or a rule adopted by the commission under this Act.  Before

12-15    temporarily suspending a license issued under this Act, the

12-16    director of bingo operations must follow any prehearing rules

12-17    adopted by [if] the commission to determine if [determines that]

12-18    the licensee's continued operation may constitute an immediate

12-19    threat to the health, safety, morals, or welfare of the public.

12-20    Chapter 2001, Government Code, [The Administrative Procedure and

12-21    Texas Register Act (Article 6252-13a, Vernon's Texas Civil

12-22    Statutes)] does not apply to the director of bingo operations or to

12-23    the commission in the enforcement and administration of a temporary

12-24    [summary] suspension under this section.

12-25          (f)  A proceeding to temporarily [summarily] suspend a

 13-1    license issued under this Act is initiated by the director of bingo

 13-2    operations [commission] by serving notice to the licensee informing

 13-3    the licensee of the rules adopted by the commission regarding the

 13-4    prehearing temporary suspension process and [it] of the licensee's

 13-5    right to a hearing before the commission.  The notice must be

 13-6    personally served on an officer, operator, or agent of the licensee

 13-7    or sent by certified or registered mail, return receipt requested,

 13-8    to the licensee's mailing address as it appears on the commission's

 13-9    records.  The notice must state the alleged violations that

13-10    constitute grounds for temporary [summary] suspension.

13-11          (g)  If a notice of temporary [summary] suspension is served

13-12    on a licensee, the director of bingo operations [commission] shall

13-13    simultaneously serve notice of a hearing, to be held within 10 days

13-14    after the date the notice is served, at which the licensee shall

13-15    show cause why the license should not be temporarily [summarily]

13-16    suspended on the 10th day after the date the notice is served.  A

13-17    final hearing on the suspension or revocation of the license shall

13-18    be held, if requested by the licensee, within 30 days after the

13-19    date the commission receives written notice of the request.  A

13-20    final hearing on suspension or revocation is governed by the same

13-21    rules as a hearing on any other suspension or revocation under this

13-22    Act.

13-23          (h)  The commission may employ officers or investigators as

13-24    the commission considers necessary to administer this Act.

13-25          (i)  The commission or the commission's officers or agents

 14-1    and state, city, or county peace officers may enter and inspect the

 14-2    contents of premises where a game of bingo is being conducted or

 14-3    where it is intended that a game is to be conducted, or where any

 14-4    equipment used or intended for use in the conduct of a game is

 14-5    found.

 14-6          (j)  The commission by rule may establish the number and type

 14-7    of bingo games that may be played during an occasion.

 14-8          SECTION 9.  Section 20, Bingo Enabling Act (Article 179d,

 14-9    Vernon's Texas Civil Statutes), is amended to read as follows:

14-10          Sec. 20.  REPORTING AND DUE DATE OF TAXES AND FEES.  (a)  The

14-11    taxes and fees authorized or imposed by this Act are due and

14-12    payable by the licensee [or any person conducting bingo games

14-13    without a license] to the commission [state treasurer] quarterly on

14-14    or before the 15th day of the month succeeding each calendar

14-15    quarter.  The report must be filed under oath on forms prescribed

14-16    by the commission.

14-17          (b)  The commission shall adopt rules regarding payment of

14-18    taxes and fees.

14-19          SECTION 10.  The Bingo Enabling Act (Article 179d, Vernon's

14-20    Texas Civil Statutes) is amended by adding Sections 44 and 45 to

14-21    read as follows:

14-22          Sec. 44.  TRAINING PROGRAM.  (a)  The person designated by

14-23    the licensed authorized organization under Section 12(a)(7) of this

14-24    Act shall annually complete eight hours of training as provided by

14-25    the rules of the commission.

 15-1          (b)  A program approved by the commission must include

 15-2    training on:

 15-3                (1)  conducting a bingo game;

 15-4                (2)  administering and operating a bingo game; and

 15-5                (3)  promoting a bingo game.

 15-6          (c)  The commission by rule shall establish:

 15-7                (1)  the content of training courses under this

 15-8    section;

 15-9                (2)  information concerning training to be reported to

15-10    the commission; and

15-11                (3)  other training program requirements that the

15-12    commission determines to be necessary to promote the fair conduct

15-13    of bingo games and compliance with this Act.

15-14          Sec. 45.  OTHER POWERS AND DUTIES OF COMMISSION.  The powers

15-15    and duties of the commission under this Act are in addition to the

15-16    powers and duties of the commission under Article 9100, Revised

15-17    Statutes.

15-18          SECTION 11.  Section 25, Bingo Enabling Act (Article 179d,

15-19    Vernon's Texas Civil Statutes), is repealed.

15-20          SECTION 12.  (a)  The powers and duties of the Texas Lottery

15-21    Commission with regard to regulation of the playing of bingo in

15-22    this state are transferred to the Texas Department of Licensing and

15-23    Regulation.

15-24          (b)  The Texas Department of Licensing and Regulation assumes

15-25    the position of the Texas Lottery Commission in relation to any

 16-1    liability, obligation, agreement, or contract of the Texas Lottery

 16-2    Commission for the regulation of bingo.

 16-3          (c)  On the effective date of this Act:

 16-4                (1)  the Texas Lottery Commission shall transfer the

 16-5    records and other property used for the regulation of bingo to the

 16-6    Texas Department of Licensing and Regulation; and

 16-7                (2)  any unexpended and unobligated appropriation to

 16-8    the Texas Lottery Commission for the regulation of bingo shall be

 16-9    transferred to the Texas Department of Licensing and Regulation.

16-10          (d)  A rule applicable to the regulation of bingo adopted by

16-11    the Texas Lottery Commission that is in effect immediately before

16-12    the effective date of this Act becomes a rule of the commissioner

16-13    of licensing and regulation and remains in effect until amended or

16-14    repealed.

16-15          (e)  The validity of actions taken by the Texas Lottery

16-16    Commission, including the issuance of a license, is not affected by

16-17    this Act.  To the extent those actions continue to have any effect

16-18    on or after September 1, 1997, they are considered to be the

16-19    actions of the Texas Department of Licensing and Regulation.

16-20          SECTION 13.  This Act takes effect September 1, 1997, and

16-21    applies to a game played, bingo occasion conducted, prize awarded,

16-22    or other action taken on or after that date.  A game played, bingo

16-23    occasion conducted, prize awarded, or other action taken before

16-24    that date is governed by the law in effect at the time the game was

16-25    played, bingo occasion was conducted, prize was awarded, or other

 17-1    action was taken, and that law is continued in effect for that

 17-2    purpose.

 17-3          SECTION 14.  The Texas Legislative Council shall prepare a

 17-4    nonsubstantive revision of the Bingo Enabling Act (Article 179d,

 17-5    Vernon's Texas Civil Statutes) for consideration by the 76th

 17-6    Legislature at its regular session in 1999.

 17-7          SECTION 15.  The importance of this legislation and the

 17-8    crowded condition of the calendars in both houses create an

 17-9    emergency and an imperative public necessity that the

17-10    constitutional rule requiring bills to be read on three several

17-11    days in each house be suspended, and this rule is hereby suspended.