Amend CSSB 270 (House Committee Report) as follows:
(1) In SECTION 34 of the bill, amending Section 2001.002, Occupations Code (page 25, lines 24 and 25), strike the
introductory language and substitute "Section 2001.002,
Occupations Code, is amended by amending Subdivisions (5) and (6)
and adding Subdivision (9-a) to read as follows:".
(2) In SECTION 34 of the bill, immediately following amended
Subdivision (6), Section 2001.002, Occupations Code (page 26,
between lines 23 and 24), insert the following:
(9-a) "Electronic pull-tab bingo" means an electronic
version of pull-tab bingo that is displayed on a card-minding
device in which a person purchases from a point of sale station an
electronic ticket face, instead of a ticket made of paper or paper
products, that is issued from a finite deal of tickets in which some
of the tickets have been designated in advance as winning tickets.
(3) Add the following appropriately numbered SECTIONS and
renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 2001.054, Occupations Code, is
amended to read as follows:
Sec. 2001.054. RULEMAKING AUTHORITY. (a) The commission
may adopt rules to enforce and administer this chapter.
(b) The commission has broad authority to adopt rules to
administer Sections 2001.409(b) and 2001.4095.
SECTION ____. Section 2001.408, Occupations Code, is
amended to read as follows:
Sec. 2001.408. OTHER METHODS FOR PLAYING BINGO. Subject to
the commission's rules, bingo may be played using a pull-tab bingo
ticket or an electronic pull-tab bingo ticket.
SECTION ____. Section 2001.409, Occupations Code, is
amended to read as follows:
Sec. 2001.409. CARD-MINDING DEVICES. (a) A person may not
use a card-minding device:
(1) to generate [or determine] the random letters,
numbers, or other symbols used in playing the bingo card played with
the device's assistance;
(2) as a receptacle for the deposit of tokens or money
in payment for playing the bingo card played with the device's
assistance; or
(3) as a dispenser for the payment of a bingo prize,
including coins, paper currency, or a thing of value for the bingo
card played with the device's assistance.
(b) A person may use a card-minding device to:
(1) account for and track electronic credits purchased
at a point of sale station or won by playing bingo or electronic
pull-tab bingo; and
(2) exchange electronic credits described by
Subdivision (1) through an electronic communication with a point of
sale station for electronic bingo card faces or electronic pull-tab
bingo tickets that may be played by the person during a bingo
occasion. [Not more than 40 percent of the individuals attending
a bingo occasion, based on the average of two previously submitted
quarterly reports, may use electronic or mechanical card-minding
devices. This subsection does not apply to pull-tab bingo.]
SECTION ____. Subchapter I, Chapter 2001, Occupations Code,
is amended by adding Section 2001.4095 to read as follows:
Sec. 2001.4095. CARD-MINDING DEVICE FOR DISPLAY OF
ELECTRONIC PULL-TAB BINGO TICKET FACE. (a) A card-minding device
used to display an electronic pull-tab bingo ticket face must be
manufactured in accordance with the specifications provided by
commission rule and is subject to testing by the commission.
(b) The commission may audit sales records relating to the
sale of electronic pull-tab bingo ticket faces. The commission may
investigate a violation or alleged violation of this section.
(c) The commission at any time may inspect a card-minding
device used to display an electronic pull-tab bingo ticket face.
(d) The manufacturer of a card-minding device used to
display an electronic pull-tab bingo ticket face shall maintain a
central communications system or facility to provide the commission
with the ability to review and audit electronic pull-tab bingo
sales records.
SECTION __. Section 2001.420(b), Occupations Code, is
amended to read as follows:
(b) For bingo games other than pull-tab bingo and electronic
pull-tab bingo, a person may not offer or award on a single bingo
occasion prizes with an aggregate value of more than $2,500.
SECTION ____. Subchapter I, Chapter 2001, Occupations Code,
is amended by adding Section 2001.421 to read as follows:
Sec. 2001.421. PRIZE PAYOUT PERCENTAGE. The prize payout
percentage for an electronic pull-tab bingo game may not be less
than the prize payout percentage established for a paper pull-tab
bingo game.
SECTION ____. Subchapter K, Chapter 2001, Occupations Code,
is amended by adding Section 2001.5015 to read as follows:
Sec. 2001.5015. ELECTRONIC PULL-TAB BINGO TAX. (a) A tax
is imposed on a manufacturer for each electronic pull-tab bingo
ticket provided by the manufacturer to a distributor.
(b) The tax rate is one-quarter of one cent for each
electronic pull-tab bingo ticket provided.
SECTION ____. Section 2001.510(a), Occupations Code, is
amended to read as follows:
(a) If a license holder fails to make a required return, or
if a person conducts bingo without a license, the commission shall
make an estimate of the prizes awarded at a bingo occasion, [or of]
the gross rentals received by a license holder for the rental of
premises, or the number of electronic pull-tab bingo tickets sold.
The commission shall make the estimate for the period in respect to
which the license holder or other person failed to make a return.
SECTION ____. Section 2001.511(a), Occupations Code, is
amended to read as follows:
(a) If the commission believes that the collection of a
gross rental tax, tax on electronic pull-tab bingo tickets, or fee
on prizes, an amount of the tax or fee on prizes required to be
remitted to the state, or the amount of a determination will be
jeopardized by delay, the commission shall make a determination of
the tax or fee on prizes or amount of the tax or fee required to be
collected, noting the finding of jeopardy on the determination.
The determined amount is due and payable immediately.
SECTION ____. Section 2001.512, Occupations Code, is
amended to read as follows:
Sec. 2001.512. APPLICATION OF TAX LAWS. (a) Subtitle B,
Title 2, Tax Code, applies to the administration, collection, and
enforcement of the gross rentals tax imposed under Section
2001.501, the tax on electronic pull-tab bingo tickets imposed
under Section 2001.5015, and the fee on prizes imposed under
Section 2001.502 except as modified by this chapter.
(b) In applying the provisions of Subtitle B, Title 2, Tax
Code, to the gross rentals tax imposed under Section 2001.501, the
tax on electronic pull-tab bingo tickets imposed under Section
2001.5015, and the fee on prizes imposed under Section 2001.502
only, the fee on prizes is treated as if it were a tax and the powers
and duties assigned to the comptroller under that subtitle are
assigned to the commission.
SECTION ____. Section 2001.513(a), Occupations Code, is
amended to read as follows:
(a) At any time within three years after a person is
delinquent in the payment of an amount of gross rentals tax, tax on
electronic pull-tab bingo tickets, or fee on prizes, the commission
may collect the amount under this section.
SECTION ____. Section 2001.514(a), Occupations Code, is
amended to read as follows:
(a) To secure payment of the tax on gross rentals, the tax on
electronic pull-tab bingo tickets, or the fee on prizes imposed
under this subchapter, each license holder shall furnish to the
commission:
(1) a cash bond;
(2) a bond from a surety company chartered or
authorized to do business in this state;
(3) certificates of deposit;
(4) certificates of savings;
(5) United States treasury bonds;
(6) subject to the approval of the commission, an
assignment of negotiable stocks or bonds; or
(7) other security as the commission considers
sufficient.
SECTION ____. The Texas Lottery Commission shall adopt
rules to administer electronic pull-tab bingo and regulate
electronic pull-tab minding devices under Chapter 2001,
Occupations Code, as amended by this Act, not later than October 1,
2003, and may adopt the initial rules in the manner provided by law
for emergency rules.