By Lucio                                         S.B. No. 432

      75R3355 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation and operation of bingo.

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

 1-4           SECTION 1.  Section 2(20), Bingo Enabling Act (Article 179d,

 1-5     Vernon's Texas Civil Statutes), is amended to read as follows:

 1-6                 (20)  "Commission" means the Texas [Lottery] Commission

 1-7     of Licensing and Regulation.

 1-8           SECTION 2.  Section 11, Bingo Enabling Act (Article 179d,

 1-9     Vernon's Texas Civil Statutes), is amended by amending Subsections

1-10     (f), (g), (k), (p), (q), and (u) to read as follows:

1-11           (f)  A licensed authorized organization may offer or award a

1-12     series of prizes [offered or awarded] on not more than [any] one

1-13     bingo  occasion each week as provided by rules adopted by the

1-14     commission [for bingo games other than instant bingo may not

1-15     aggregate more than  $2,500].

1-16           (g)  A [person other than a] bona fide member of a licensed

1-17     authorized organization may [not] conduct, promote, or administer,

1-18     or assist in conducting, promoting, or administering, a bingo game.

1-19           (k)  A game of chance other than bingo or a raffle conducted

1-20     under the Charitable Raffle Enabling Act (Article 179f, Revised

1-21     Statutes) may not be conducted or allowed during an occasion when

1-22     bingo is played.  This subsection does not prohibit the exhibition

1-23     and play of an amusement machine that is not a gambling device as

1-24     defined by Section 47.01, Penal Code.

 2-1           (p)  A licensed distributor, licensed manufacturer, licensed

 2-2     authorized commercial lessor, or [No one other than a] licensed

 2-3     authorized  organization may advertise or promote bingo. A licensed

 2-4     distributor, licensed manufacturer, or licensed authorized

 2-5     commercial lessor may not obtain reimbursement for advertising

 2-6     expenses from a licensed authorized organization.  _A person

 2-7     [licensed authorized organization] may not include in an

 2-8     advertisement or promotion the amount of a prize or series of

 2-9     prizes offered at a bingo occasion.

2-10           (q)  A licensed authorized organization or other person:

2-11                 (1)  may not award a door prize, except for a door

2-12     prize donated to the organization to be awarded as a bingo door

2-13     prize; and

2-14                 (2)  may not award or offer to award a door prize or

2-15     other prize having a value of more than $1,000 [to persons present

2-16     at a bingo  occasion or participating in a bingo occasion in

2-17     addition to the prizes awarded for winning the individual bingo

2-18     games].

2-19           (u)  Bingo may be played using a pull-tab bingo game, a

2-20     break-open bingo ticket, or an instant bingo ticket subject to the

2-21     rules of the commission. The commission by rule shall prohibit the

2-22     playing of bingo by use of a uniform product code bar coding device

2-23     or symbol.

2-24           SECTION 3.  Section 11a(a), Bingo Enabling Act (Article 179d,

2-25     Vernon's Texas Civil Statutes), is amended to read as follows:

2-26           (a)  The rent charged by a licensed authorized commercial

2-27     lessor to a licensed authorized organization to conduct bingo may

 3-1     not exceed $450 [$600] for each bingo occasion conducted on the

 3-2     premises, unless the lessee licensed authorized organization

 3-3     subleases the premises to one or more other licensed authorized

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

 3-5     the authorized commercial lessor may not exceed $450 [$600] for

 3-6     each day.

 3-7           SECTION 4.  Section 13, Bingo Enabling Act (Article 179d,

 3-8     Vernon's Texas Civil Statutes), is amended by adding Subsection (p)

 3-9     to read as follows:

3-10           (p) Notwithstanding Subsection (n) of this section, the

3-11     commission may not issue a commercial license to lease bingo

3-12     premises to a licensed authorized organization unless the

3-13     commission receives evidence that the commission considers to be

3-14     adequate indicating that the licensed authorized organization is

3-15     able to:

3-16                 (1)  furnish the premises with furniture, fixtures, and

3-17     equipment as provided by rules adopted by the commission;

3-18                 (2)  provide utilities to the premises as provided by

3-19     rules adopted by the commission; and

3-20                 (3)  purchase the premises or renovate the premises as

3-21     provided by rules adopted by the commission.

3-22           SECTION 5.  Section 14, Bingo Enabling Act (Article 179d,

3-23     Vernon's Texas Civil Statutes), is amended by amending Subsection

3-24     (b) and adding Subsections (d) and (e) to read as follows:

3-25           (b)  A license issued under this Act may be amended on

3-26     application to the commission, and on payment of a $10 [$25] fee,

3-27     if the subject matter of the proposed amendment could lawfully and

 4-1     properly have been included in the original license.  A licensee

 4-2     may not change the location [or times] of its bingo games until it

 4-3     has surrendered its original license and received an amended

 4-4     license from the commission.

 4-5           (d)  A licensee shall notify the commission before changing

 4-6     the time or date of a bingo game.  A licensee may provide notice to

 4-7     the commission regarding the change of the time or date of a bingo

 4-8     game by use of telephone or facsimile.

 4-9           (e)  The commission by rule shall provide a method by which a

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

4-11           SECTION 6.  Section 16, Bingo Enabling Act (Article 179d,

4-12     Vernon's Texas Civil Statutes), is amended to read as follows:

4-13           Sec. 16. CONTROL AND SUPERVISION;  SUSPENSION OF LICENSES;

4-14     INSPECTION OF PREMISES.  (a) The commission shall administer this

4-15     Act.  The commission has broad authority and shall exercise strict

4-16     control and close supervision over all games of bingo conducted in

4-17     this state to the end that the games are fairly conducted and the

4-18     proceeds derived from the games are used for the purposes

4-19     authorized in this Act.  The commission's authority under this Act

4-20     is executed through a division established by the [administrator of

4-21     the] commission to administer this Act.  The commission

4-22     [administrator] shall employ a director of bingo operations to

4-23     administer the division under the direction of the commission [and

4-24     administrator].  The commission may adopt rules for the enforcement

4-25     and administration of this Act.

4-26           (b)  The commission shall provide to any person on request a

4-27     printed copy of this Act and any rules applicable to the

 5-1     enforcement of this Act.  The commission may impose a reasonable

 5-2     charge for a copy of an item provided under this subsection.

 5-3           (c) [(d)]  The commission by rule shall provide procedures

 5-4     for the approval of bingo cards.  A licensee may not use or

 5-5     distribute a bingo card unless it has been approved by the

 5-6     commission.  The commission may set the price or adopt one or more

 5-7     schedules of prices at which bingo cards may be sold or otherwise

 5-8     furnished by a licensed authorized organization.  A licensed

 5-9     authorized organization may not sell or otherwise furnish a bingo

5-10     card at a price other than a price authorized by the commission

5-11     under this subsection or by a schedule adopted under this

5-12     subsection.  The commission may establish procedures requiring a

5-13     licensed authorized organization to notify the commission of the

5-14     price or price schedule for bingo cards the organization will use

5-15     for one or more reporting periods.

5-16           (d) [(e)]  After a hearing, the commission may suspend or

5-17     revoke any license issued under this Act for failure to comply with

5-18     this Act or a rule adopted by the commission under this Act, or for

5-19     any reason that would allow or require the commission to refuse to

5-20     issue or renew a license of the same class.

5-21           (e)  The commission may temporarily [summarily] suspend a

5-22     license issued under this Act for failure to comply with this Act

5-23     or a rule adopted by the commission under this Act. Before

5-24     temporarily suspending a license issued under this Act, the

5-25     director of bingo operations must follow any prehearing rules

5-26     adopted by [if] the commission to determine if [determines that]

5-27     the licensee's continued operation may constitute an immediate

 6-1     threat to the health, safety, morals, or welfare of the public.

 6-2     Chapter 2001, Government Code, [The Administrative Procedure and

 6-3     Texas Register Act (Article 6252-13a, Vernon's Texas Civil

 6-4     Statutes)] does not apply to the director of bingo operations or to

 6-5     the commission in the enforcement and administration of a temporary

 6-6     [summary] suspension under this section.

 6-7           (f)  A proceeding to temporarily [summarily] suspend a

 6-8     license issued under this Act is initiated by the director of bingo

 6-9     operations  [commission] by serving notice to the licensee

6-10     informing the licensee of the rules adopted by the commission

6-11     regarding the prehearing temporary suspension process and [it] of

6-12     the licensee's right to a hearing before the commission. The notice

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

6-14     licensee or sent by certified or registered mail, return receipt

6-15     requested, to the licensee's mailing address as it appears on the

6-16     commission's records.  The notice must state the alleged violations

6-17     that constitute grounds for temporary [summary] suspension.

6-18           (g)  If a notice of temporary [summary] suspension is served

6-19     on a licensee, the director of bingo operations [commission] shall

6-20     simultaneously serve notice of a hearing, to be held within 10 days

6-21     after the date the notice is served, at which the licensee shall

6-22     show cause why the license should not be temporarily [summarily]

6-23     suspended on the 10th day after the date the notice is served.  A

6-24     final hearing on the suspension or revocation of the license shall

6-25     be held, if requested by the licensee, within 30 days after the

6-26     date the commission receives written notice of the request.  A

6-27     final hearing on suspension or revocation is governed by the same

 7-1     rules as a hearing on any other suspension or revocation under this

 7-2     Act.

 7-3           (h)  The commission may employ officers or investigators as

 7-4     the commission considers necessary to administer this Act.

 7-5           (i)  The commission or the commission's officers or agents

 7-6     and state, city, or county peace officers may enter and inspect the

 7-7     contents of premises where a game of bingo is being conducted or

 7-8     where it is intended that a game is to be conducted, or where any

 7-9     equipment used or intended for use in the conduct of a game is

7-10     found.

7-11           (j)  The commission by rule may establish the number and type

7-12     of bingo games that may be played during an occasion.

7-13           SECTION 7.  Sections 19b(a) and (b), Bingo Enabling Act

7-14     (Article 179d, Vernon's Texas Civil Statutes), are amended to read

7-15     as follows:

7-16           (a)  An authorized organization licensed to conduct bingo

7-17     shall collect a fee from each person who wins a prize having a

7-18     value of more than $250 in a bingo game.

7-19           (b)  The fee imposed by this section is five percent of the

7-20     amount computed by subtracting $250 from the amount or value of the

7-21     prize.

7-22           SECTION 8.  Section 20, Bingo Enabling Act (Article 179d,

7-23     Vernon's Texas Civil Statutes), is amended to read as follows:

7-24           Sec. 20.  REPORTING AND DUE DATE OF TAXES AND FEES.  (a)  A

7-25     [The taxes and fees authorized or imposed by this Act are due and

7-26     payable by the] licensee or any person conducting bingo games

7-27     without a license shall report to the comptroller [state treasurer]

 8-1     quarterly on or before the 15th day of the month succeeding each

 8-2     calendar quarter the taxes and fees authorized or imposed by this

 8-3     Act.  The report must be filed under oath on forms prescribed by

 8-4     the commission.

 8-5           (b)  The taxes and fees authorized by this Act are due and

 8-6     payable, by the licensee or a person conducting bingo games without

 8-7     a license, to the comptroller semimonthly.  Before the 19th day of

 8-8     each month, the taxpayer shall pay the tax that is due and payable

 8-9     for the part of that month ending on the 15th day of the month.

8-10     The taxpayer shall pay the tax that is due and payable for the

8-11     second half of the month before the fourth day of the succeeding

8-12     month.

8-13           (c)  The commission shall adopt rules regarding payment of

8-14     taxes and fees.

8-15           SECTION 9.  The Bingo Enabling Act (Article 179d, Vernon's

8-16     Texas Civil Statutes) is amended by adding Sections 44 and 45 to

8-17     read as follows:

8-18           Sec. 44.  TRAINING PROGRAM.  (a)  The person designated by

8-19     the licensed authorized organization under Section 12(a)(7) of this

8-20     Act shall annually complete 15 hours of training as provided by the

8-21     rules of the commission.

8-22           (b)  A program approved by the commission must include

8-23     training on:

8-24                 (1)  conducting a bingo game;

8-25                 (2)  administering and operating a bingo game; and

8-26                 (3)  promoting a bingo game.

8-27           (c)  The commission by rule shall establish:

 9-1                 (1)  the content of training courses under this

 9-2     section;

 9-3                 (2)  information concerning training to be reported to

 9-4     the commission; and

 9-5                 (3)  other training program requirements that the

 9-6     commission determines to be necessary to promote the fair conduct

 9-7     of bingo games and compliance with this Act.

 9-8           Sec. 45. OTHER POWERS AND DUTIES OF COMMISSION.  The powers

 9-9     and duties of the commission under this Act are in addition to the

9-10     powers and duties of the commission under Article 9100, Revised

9-11     Statutes.

9-12           SECTION 10.  The following sections of the Bingo Enabling Act

9-13     (Article 179d, Vernon's Texas Civil Statutes) are repealed:

9-14                 (1)  Section 11(e); and

9-15                 (2)  Section 25.

9-16           SECTION 11.  (a)  The powers and duties of the Texas Lottery

9-17     Commission with regard to regulation of the playing of bingo in

9-18     this state are transferred to the Texas Commission of Licensing and

9-19     Regulation.

9-20           (b)  The Texas Commission of Licensing and Regulation assumes

9-21     the position of the Texas Lottery Commission in relation to any

9-22     liability, obligation, agreement, or contract of the Texas Lottery

9-23     Commission for the regulation of bingo.

9-24           (c)  On the effective date of this Act:

9-25                 (1)  the Texas Lottery Commission shall transfer the

9-26     records and other property used for the regulation of bingo to the

9-27     Texas Commission of Licensing and Regulation; and

 10-1                (2)  any unexpended and unobligated appropriation to

 10-2    the Texas Lottery Commission for the regulation of bingo shall be

 10-3    transferred to the Texas Commission of Licensing and Regulation.

 10-4          (d)  A rule applicable to the regulation of bingo adopted by

 10-5    the Texas Lottery Commission that is in effect immediately before

 10-6    the effective date of this Act becomes a rule of the Texas

 10-7    Commission of Licensing and Regulation and remains in effect until

 10-8    amended or repealed by the Texas Commission of Licensing and

 10-9    Regulation.

10-10          (e)  The validity of actions taken by the Texas Lottery

10-11    Commission, including the issuance of a license, is not affected by

10-12    this Act. To the extent those actions continue to have any effect

10-13    on or after September 1, 1997, they are considered to be the

10-14    actions of the Texas Commission of Licensing and Regulation.

10-15          SECTION 12.  This Act takes effect September 1, 1997, and

10-16    applies to a game played, bingo occasion conducted, prize awarded,

10-17    or other action taken on or after that date. A game played, bingo

10-18    occasion conducted, prize awarded, or other action taken before

10-19    that date is governed by the law in effect at the time the game was

10-20    played, bingo occasion was conducted, prize was awarded, or other

10-21    action was taken, and that law is continued in effect for that

10-22    purpose.

10-23          SECTION 13.  The Texas Legislative Council shall prepare a

10-24    nonsubstantive revision of the Bingo Enabling Act (Article 179d,

10-25    Vernon's Texas Civil Statutes) for consideration by the 76th

10-26    Legislature at its regular session in 1999.

10-27          SECTION 14.  The importance of this legislation and the

 11-1    crowded condition of the calendars in both houses create an

 11-2    emergency and an imperative public necessity that the

 11-3    constitutional rule requiring bills to be read on three several

 11-4    days in each house be suspended, and this rule is hereby suspended.