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By: Flores H.B. No. 2519
A BILL TO BE ENTITLED
AN ACT
relating to bingo regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 467.001, Government Code, is amended by
adding Subdivision (9-a) to read as follows:
(9-a) "Policy board" means the Bingo Policy Board.
SECTION 2. Sections 467.033 and 467.034, Government Code
are amended to read as follows:
Sec. 467.033. DIVISION DIRECTORS. (a) The executive
director shall employ a director to oversee the lottery [each]
division. The lottery [A] division director serves at the will of
the executive director and is specifically exempted from Chapter
654.
(b) The policy board shall employ a director to oversee the
bingo division. The bingo division director serves at the will of
the policy board and is specifically exempted from Chapter 654.
Sec. 467.034. EMPLOYEES. (a) Except as provided by
Subsection (b), the [The] executive director shall employee other
personnel to administer the laws under the commission's
jurisdiction. Commission employees serve at the will of the
executive director.
(b) The bingo division director shall employ personnel
necessary for the bingo division. Employees of the bingo division
serve at the will of the bingo division director.
SECTION 3. Subchapter B, Chapter 467, Government Code, is
amended by adding Section 467.037 to read as follows:
Sec. 467.037. BINGO POLICY BOARD. (a) The Bingo Policy
Board is composed of three members appointed by the governor with
the advice and consent of the senate.
(b) Policy board members serve staggered terms of six years
with one member's term expiring February 1 of each odd-numbered
year.
(c) The governor shall designate one member of the policy
board as presiding officer to serve in that capacity at the pleasure
of the governor.
SECTION 4. Section 467.101, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The commission has broad authority and shall exercise
strict control and close supervision over all activities authorized
and conducted in this state under [:]
[(1) Chapter 2001, Occupations Code; and
[(2)] Chapter 466 of this code.
(a-1) The commission acting through the bingo division has
broad authority and shall exercise strict control and close
supervision over all activities authorized and conducted in this
state as provided by Chapter 2001, Occupations Code.
SECTION 5. Section 467.103(a), Government Code, is amended
to read as follows:
(a) The executive director shall perform all duties
required by the commission to administer this chapter and Chapter
466 [the laws under the commission's jurisdiction]. The executive
director shall not hold other employment.
SECTION 6. Subchapter C, Chapter 467, Government Code, is
amended by adding Section 467.1035 to read as follows:
Sec. 467.1035. DUTIES OF POLICY BOARD. The policy board
shall:
(a) employ the director of the bingo division;
(b) adopt rules for the administration of Chapter 2001,
Occupations Code; and
(c) issue final orders in contested cases brought under
Chapter 2001, Government Code.
SECTION 7. Section 2001.002, Occupations Code, is amended
by amending Subdivision (10) and adding Subdivision (20-a) to read
as follows:
(10) "Director" ["Executive director"] means the
[executive] director of the bingo division of the commission.
(20-a) "Policy board" means the Bingo Policy Board.
SECTION 8. Section 2001.051(b), Occupations Code, is
amended to read as follows:
(b) The commission acting through the bingo division has
broad authority and shall exercise strict control and close
supervision over all bingo conducted in this state so that bingo is
fairly conducted and the proceeds derived from bingo are used for an
authorized purpose. The commission does not have regulatory
authority over any matter relating to the premises, personnel or
activities of an authorized commercial lessor or authorized
organization unless the authority is expressly granted by this
chapter or is necessary to administer this chapter. The commission
has no regulatory authority over any person engaged in any business
that is not subject to this chapter or Chapters 466 or 467,
Government Code
SECTION 9. Section 2001.052, Occupations Code, is amended
to read as follows:
Sec. 2001.052. DIRECTOR OF BINGO DIVISION [OPERATIONS].
[(a)] The commission shall employ a director of bingo operations.
[(b)] The director [of bingo operations] shall administer
the bingo division under the direction of the policy board
[commission].
SECTION 10. Section 2001.053, Government Code, is amended
to read as follows:
Sec. 2001.053. OFFICERS AND INVESTIGATORS. (a) The
director [commission] may employ officers or investigators the
director [commission] considers necessary to administer this
chapter.
(b) An officer or investigator employed by the director may
not carry a firearm or badge and may not wear a hat, uniform, or
other clothing with any type of insignia indicating the officer's
or investigator's official position, while conducting a routine
inspection of bingo premises or a business office of a licensed
authorized organization.
SECTION 11. Section 2001.054, Occupations Code, is amended
to read as follows:
Sec. 2001.054. RULEMAKING AUTHORITY. The policy board
[commission] may adopt rules to enforce and administer this chapter
on behalf of the commission. A reference in this chapter to the
rules of the commission means rules adopted by the policy board.
SECTION 12. Section 2001.055, Occupations Code, is amended
to read as follows:
Sec. 2001.055. REGULATION OF GAMES. (a) The commission by
rule may establish the number and type of bingo games that may be
played during a bingo occasion.
(b) The commission, to the extent consistent with this
chapter, shall support the efforts of licensed authorized
organizations to develop and offer new types of bingo games and to
apply new technology to bingo games.
SECTION 13. Subchapter B, Chapter 2001, Occupations Code,
is amended by adding Sections 2001.059 and 2001.060 to read as
follows:
Sec. 2001.059. SECURITY DEPARTMENT. (a) The director
shall maintain a department of security in the bingo division. The
director shall appoint a deputy to administer the department. The
deputy must be qualified by training and experience in law
enforcement or security to supervise, direct, and administer the
activities of the department.
(b) The director may commission the deputy and security
officers or investigators of the department of security as peace
officers. The deputy and all other persons employed by the
department as peace officers must meet the requirements under
Chapter 1701 for employment and commission as peace officers.
(c) The Department of Public Safety, at the commission's
request, shall perform a full criminal background investigation of
a prospective deputy or employee of the security department. The
commission shall reimburse the Department of Public Safety for the
actual costs of an investigation.
SECTION 14. Subchapter B, Chapter 2001, Occupations Code,
by adding Section 2001.060 to read as follows:
Sec. 2001.060. ADVISORY OPINIONS. (a) A person may request
an advisory opinion regarding compliance with this chapter and the
rules of the policy board.
(b) The director of the bingo division shall respond to a
request under Subsection (a) within 30 days of the receipt of the
request, unless the director determines that the request does not
contain sufficient facts to provide an answer upon which the
requestor may rely. In that event, the director shall request
additional information from the requestor within ten days of the
receipt of the request. If additional information is requested,
the director shall respond to the request within thirty days after
receiving the additional information.
(c) A person who requests an advisory opinion under
Subsection (a) may act in reliance on the opinion in the conduct of
any activity under any license issued under this chapter if the
conduct is substantially consistent with the opinion and the facts
stated in the request.
SECTION 15. Section 2001.103, Occupations Code, is amended
by adding Subdivisions (e) and (f) to read as follows:
(e) Notwithstanding subsection (c), an authorized
organization that holds a regular license to conduct bingo is
authorized to receive not more than twelve temporary licenses
during the twelve month period following the issuance or renewal of
the license.
(f)(1) An authorized organization that holds a regular
license to conduct bingo may make a single application for all of
the temporary licenses to which the organization is entitled under
subsection (e) without stating the days or times for which the
temporary licenses may be used.
(2) An organization that has been issued a temporary license
under subsection (f)(1) shall notify the commission prior to using
the license of the specific date and time of the bingo occasion for
which the temporary license will be used. If the commission
receives notification under this subsection prior to noon of the
day before the day the temporary license will be used, the
commission shall verify receipt of the notice before the end of the
business day on which the notice is received. If the commission
does not receive the notification before noon of the day before the
day the temporary license will be used, the commission shall verify
receipt of the notice before noon of the business day that follows
the day the commission received the notice.
(3) A verification under Subsection (f)(2) may be delivered
by facsimile, email or any other means reasonably contemplated to
arrive prior to the time for which the temporary license will be
used.
SECTION 16. Amend Section 2001.104, Occupations Code, by
adding Subsection (d) to read as follows:
(d) The fees established under Subsection (a) are payable
annually. An applicant for an original license or renewal of a
license may obtain a license with a duration of two years by paying
an amount equal to two times the annual license fee plus $25.
SECTION 17. Amend Section 2001.105, Occupations Code, by
adding Subsection (c) to read as follows:
(c) Except as provided by Section 2001.104(d), the period of
a license issued under this subchapter is one year.
SECTION 18. Subchapter C, Chapter 2001, Occupations Code,
is amended by adding Section 2001.108 to read as follows:
Sec. 2001.108. LICENSE AMENDMENT FOR CHANGE OF BINGO
PREMISES OR OCCASION. (a) A licensed authorized organization and
the licensed commercial lessor at which the organization conducts
or will conduct bingo may file a joint application with the
commission to change the premises at which the organization may
conduct bingo or the times of the organization's bingo occasions to
allow the organization to conduct bingo at the same time and
premises that another licensed authorized organization is licensed
to conduct bingo, if the other organization has ceased, or will
cease, conducting bingo at that time and premises. The application
must describe whether the other organization has ceased conducting
bingo at that time and premises because the organization has
abandoned or will abandon its licensed time or premises or the
organization's lease has been or will be terminated.
(b)(1) If the reason that the other organization ceased or
will cease conducting bingo is that the organization has abandoned
or will abandon its licensed time or premises, the commission must
act on the joint application filed under Subsection (a) not later
than the 10th day after the date the application is filed with the
commission.
(2) If the reason that the other organization ceased or will
cease conducting bingo is that the organization's lease has been or
will be terminated, the commission must act on the joint
application filed under Subsection (a) not later than the 10th day
after the date the application is filed with the commission or the
date on which the termination takes effect, whichever is later.
(c)(1) Except as provided by Subsection (c)(2), if the
commission fails to act within the time provided by Subsection (b),
the licensed authorized organization may act as if the change in
premises or bingo occasions has been approved by the commission and
may conduct bingo at the new premises or during the new bingo
occasion until the commission acts on the application.
(2) Notwithstanding subsection (c)(1), the commission may
issue temporary licenses to one or more licensed authorized
organizations that conduct bingo at the same location as an
organization that has or will cease to conduct bingo, which shall be
in addition to the number of temporary licenses to which each
organization is entitled by other law. If the commission issues
such additional licenses, the commission is not required to act on a
joint application under Subsection (a) within the time limits
established by this section, if the number of additional temporary
licenses issued is sufficient to allow the licensed times of the
organization that has or will cease to conduct bingo to be used for
the conduct of bingo by another organization during those times.
Temporary licenses issued under this subsection may be issued on
the sole application of a licensed commercial lessor.
SECTION 19. Section 2001, 152, Occupations Code, is amended
by adding subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), the commission may not
issue a commercial lessor license under Subsection (a)(2) or (3),
unless there is no licensed commercial lessor whose premises is
located in the county in which an applicant for a license under
Subsection (a)(2) or (3) proposes to locate bingo premises. This
subsection does not prohibit the renewal of an existing license.
This subsection expires September 1, 2005.
SECTION 20. Amend Section 2001.158, Occupations Code, by
adding Subsection (d) to read as follows:
(d) The fees established under Subsection (a) are payable
annually. An applicant for an original license or renewal of a
license may obtain a license with a duration of two years by paying
an amount equal to two times the annual license fee plus $25.
SECTION 21. Amend Subdivision (c) of Section 2001.159,
Occupations Code, to read as follows:
(c) Except as provided by Section 2001.158(d), the [The]
period may not exceed one year.
SECTION 22. Section 2001.214, Occupations Code, is amended
to read as follows:
Sec. 2001.214. LICENSE TERM. (a) Except as provided by
Subsection (b), a [A] manufacturer's or distributor's license is
effective for one year unless revoked or suspended by the
commission.
(b) A manufacturer or distributor may obtain a license with
a duration of two years by paying an amount equal to two times the
annual license fee applicable to the manufacturer or distributor
plus $1000.
SECTION 23. Section 2001.218(a), Occupations Code, is
amended to read as follows:
(a) Each sale or lease of bingo supplies or equipment to a
license holder under this chapter must be on terms of immediate
payment or on terms requiring payment not later than the 60th [30th]
day after the date of actual delivery.
SECTION 24. Section 2001.307. Occupations Code, is amended
to read as follows:
Sec. 2001.307. MAXIMUM LICENSE TERM. Except as otherwise
provided by this chapter, a [A] license issued under this chapter
may not be effective for more than one year.
SECTION 25. Subchapter G, Chapter 2001, Occupations Code,
is amended by adding Section 2001.313 to read as follows:
Sec. 2001.313. REGISTRY OF APPROVED BINGO WORKERS. (a) The
commission shall maintain a registry of persons for whom the
commission has previously conducted a criminal history background
check and who are approved to be a person involved in the conduct of
bingo or to act as an operator to minimize duplicate criminal
history background checks by the commission and the costs incurred
by organizations and individuals.
(b) If a person is listed on the registry as being approved
to be involved in the conduct of bingo or to act as a operator, the
person may be involved in the conduct of bingo or act as an operator
at any location in which bingo is lawfully conducted.
(c) The commission may offer a person described by
Subsection (b) an identification card that may be used to identify
the person to licensees, bingo players and commission staff as a
person authorized to be involved in the conduct of bingo or act as
an operator. The commission may collect a reasonable charge to
cover the cost of providing the identification card. The
commission may not require a person to obtain or wear an
identification card.
(d) The commission shall make the information in the
registry available to the public by publishing it on the
commission's website and by responding to telephone, email and
facsimile requests. This subsection does not require the
commission to disclose confidential law enforcement information.
SECTION 26. Section 2001.411, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The commission may not prohibit an operator responsible
for conducting, promoting, or administering bingo from acting as a
bingo caller for a licensed authorized organization during a bingo
occasion. This subsection does not relieve an operator of the duty
to be available to an employee of the commission or a bingo player
if required by this chapter.
SECTION 27. Subchapter I, Chapter 2001, Occupations Code,
is amended by adding Section 2001.4115 to read as follows:
Sec. 2001.4115. JOINT EMPLOYMENT OF BINGO EMPLOYEES. Two
or more licensed authorized organizations conducting bingo at the
same premises may jointly hire bingo employees. If two or more
licensed authorized organizations conducting bingo at the same
location jointly hire one or more bingo employees, one of the
organizations may act as the employee's employer and the other
organization or organizations may reimburse the organization for
the other organization's or organizations' share of the employee's
compensation and other employment-related costs. A reimbursement
under this section is an authorized expense and shall be made from
the bingo account of each reimbursing organization.
SECTION 28. Section 2001.413, Occupations Code, is amended
to read as follows:
Sec. 2001.413. ADMISSION CHARGE REQUIRED. Except as
provided by Section 2001.4155, a [A] licensed authorized
organization may not offer or provide to a person the opportunity to
play bingo without charge.
SECTION 29. Section 2001.415, Occupations Code, is amended
to read as follows:
Sec. 2001.415. ADVERTISEMENTS. (a) A person other than a
licensed authorized organization, licensed commercial lessor, or
the commission may not advertise bingo.
(b) A licensed authorized organization, licensed commercial
lessor, or the commission may include in an advertisement or
promotion the amount of a prize or series of prizes offered at a
bingo occasion.
SECTION 30. Subchapter I, Chapter 2001, Occupations Code,
is amended by adding Section 2001.4155 to read as follows:
Sec. 2001.4155. GIFT CERTIFICATES. (a) Nothing in this
chapter prohibits a licensed authorized organization or licensed
authorized commercial lessor from distributing or accepting a gift
certificate that entitles the bearer of the certificate to enter
bingo premises or to play a bingo game, including instant bingo.
(b) A licensed authorized organization or licensed
commercial lessor that distributes or accepts a gift certificate
must keep adequate records relating to the gift certificate as
provided by commission rule.
SECTION 31. Section 2001.451, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A licensed authorized organization shall deposit in the
bingo account all funds derived from the conduct of bingo, less the
amount awarded as cash prizes under Sections 2001.420(a) and (b).
Except as provided by Subsection (b-1), a [A] deposit must be made
not later than the next business day after the day of the bingo
occasion on which the receipts were obtained.
(b-1) A licensed authorized organization may deposit funds
derived from the conduct of bingo that are paid through a debit card
transaction in the bingo fund not later than 72 hours after the
transaction.
SECTION 32. Amend Section 2001.454, Occupations Code, to
read as follows:
Sec. 2001.454. USE OF NET PROCEEDS FOR CHARITABLE PURPOSES.
(a) A licensed authorized organization shall devote to the [a]
charitable purposes [purpose] of the organization its net proceeds
of bingo and any rental of premises.
(b) Except as otherwise provided by law, the [The] net
proceeds derived from bingo and any rental of premises are
dedicated to the [a] charitable purposes [purpose] of the
organization only if directed to a cause, deed, or activity that is
consistent with the federal tax exemption under which the
organization was determined to be eligible for a license under this
chapter[:
[(1) benefits an indefinite number of needy or
deserving persons in this state by:
[(A) enhancing their opportunity for religious
or educational advancement;
[(B) relieving them from disease, suffering, or
distress;
[(C) contributing to their physical well-being;
[(D) assisting them in establishing themselves
in life as worthy and useful citizens; or
[(E) increasing their comprehension of and
devotion to the principles on which this nation was founded and
enhancing their loyalty to their government; or
[(2) initiates, performs, or fosters worthy public
works in this state or enables or furthers the erection or
maintenance of public structures in this state].
SECTION 33. Section 2001.458(a), Occupations Code, is
amended to read as follows:
(a) An item of expense may not be incurred or paid in
connection with the conduct of bingo except an expense that is
[those expenses that are] reasonable or necessary to conduct bingo,
including an expense [and necessarily expended] for:
(1) advertising, including the cost of bingo gift
certificates;
(2) security;
(3) repair or maintenance of [repairs to] premises and
equipment;
(4) bingo supplies and equipment;
(5) prizes;
(6) stated rental or mortgage and insurance expenses;
(7) bookkeeping, legal, or accounting services
related to bingo;
(8) fees [in amounts authorized by the commission] for
callers, cashiers, ushers, sales personnel, janitorial services,
and utility supplies and services; [and]
(9) license fees;
(10) attending a bingo seminar or convention;
(11) debit card transaction fees; and
(12) a salary for a manager to act as the operator
responsible for conducting, promoting or administering bingo.
SECTION 34. Section 2001.459(a), Occupations Code, is
amended to read as follows:
(a) The following items of expense incurred or paid in
connection with the conduct of bingo must be paid from an
organization's bingo account:
(1) advertising, including the cost of bingo
certificates;
(2) security during a bingo occasion;
(3) the purchase or repair of bingo supplies and
equipment;
(4) prizes, other than authorized cash prizes;
(5) stated rental expenses;
(6) bookkeeping, legal, or accounting services;
(7) fees for callers, cashiers, and ushers;
(8) janitorial services;
(9) license fees; and
(10) payment for services provided by a system service
provider.
SECTION 35. Subchapter K, Chapter 2001, Occupations Code,
is amended by adding Section 2001.5015 to read as follows:
Sec. 2001.5015. MANUFACTURER GROSS RECEIPTS TAX. (a) A tax
is imposed on the sale of bingo equipment by a manufacturer for use
in the conduct of bingo in this state.
(b) The tax rate shall be a percentage of the gross receipts
received by each manufacturer from the sale of bingo equipment to a
licensed distributor in this state.
(c) The commission shall set the tax rate under Subsection
(b) based on the revenue to the state that would have been received
if bingo equipment were subject to the tax imposed by Chapter 151,
Tax Code. The comptroller of public accounts shall notify the
commission annually of the amount of revenue to the state that would
have been received if bingo equipment were subject to the tax
imposed by Chapter 151, Tax Code.
SECTION 36. Amend Subdivision (a) of Section 2001.504 to
read as follows:
(a) A tax or fee authorized or imposed under this subchapter
is due and is payable by the license holder or a person conducting
bingo without a license to the commission quarterly on or before the
25th [15th] day of the month succeeding each calendar quarter.
SECTION 37. Section 2001.602(b), Occupations Code, is
amended to read as follows:
(b) In determining the amount of the penalty, the
[executive] director shall consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the prohibited acts;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require.
SECTION 38. Sections 2001.603(a) and (b), Occupations Code,
are amended to read as follows:
(a) If, after investigating a possible violation and the
facts surrounding that possible violation, the [executive]
director determines that a violation has occurred, the [executive]
director may issue a violation report stating the facts on which the
conclusion that a violation occurred is based, recommending that an
administrative penalty be imposed on the person alleged to have
committed the violation, and recommending the amount of the
proposed penalty. The [executive] director shall base the
recommended amount of the proposed penalty on the seriousness of
the violation determined by consideration of the factors set out in
Section 2001.602(b).
(b) Not later than the 14th day after the date on which the
report is issued, the [executive] director shall give written
notice of the report to the person alleged to have committed the
violation.
SECTION 39. Section 2001.604, Occupations Code, is amended
to read as follows:
Sec. 2001.604. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice, the person may:
(1) accept the recommendation of the [executive]
director, including the recommended administrative penalty; or
(2) make a written request for a hearing on the
determination.
(b) If the person accepts the [executive] director's
determination, the [executive] director by order shall approve the
determination and impose the proposed penalty.
SECTION 40. Section 2001.605(a), Occupations Code, is
amended to read as follows:
(a) If the person timely requests a hearing or does not
respond to the notice in the time provided by Section 2001.604(a),
the [executive] director shall set a hearing and give notice of the
hearing to the person.
SECTION 41. Section 2001.606, Occupations Code, is amended
to read as follows:
Sec. 2001.606. DECISION BY [EXECUTIVE] DIRECTOR. (a)
Based on the findings of fact and conclusions of law and the
recommendations of the hearings examiner, the [executive] director
by order:
(1) may find that a violation has occurred and may
impose an administrative penalty; or
(2) may find that a violation has not occurred.
(b) The [executive] director shall give notice of the order
to the person. The notice must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty imposed;
(3) a statement of the right of the person to judicial
review of the order; and
(4) other information required by law.
SECTION 42. Sections 2001.607(b) and (c), Occupations Code,
are amended to read as follows:
(b) Within the 30-day period, a person who acts under
Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond
approved by the court for the amount of the penalty that is
effective until all judicial review of the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
[executive] director by certified mail.
(c) On receipt of a copy of the affidavit as provided by
Subsection (b)(2), the [executive] director may file with the
court, not later than the fifth day after the date the copy is
received, a contest to the affidavit. The court shall hold a
hearing on the facts alleged in the affidavit as soon as practicable
and shall stay the enforcement of the penalty on finding that the
alleged facts are true. The person who files an affidavit has the
burden of proving that the person is financially unable to pay the
penalty and to give a supersedeas bond.
SECTION 43. Section 2001.608, Occupations Code, is amended
to read as follows:
Sec. 2001.608. COLLECTION OF PENALTY. If the person does
not pay the administrative penalty and the enforcement of the
penalty is not stayed, the [executive] director may refer the
matter to the attorney general for collection of the penalty.
SECTION 44. Subchapter H, Chapter 151, Tax Code, is amended
by adding Section 151.3105 to read as follows:
Sec. 151.3105. BINGO EQUIPMENT PURCHASED BY CERTAIN
ORGANIZATIONS. Bingo equipment, as defined by Section 2001.002,
Occupations Code, is exempted from the taxes imposed by this
chapter if the bingo equipment is:
(1) purchased by an organization licensed to conduct
bingo under Chapter 2001, Occupations Code, that is exempt from the
payment of federal income taxes under Section 501(a), Internal
Revenue Code of 1986, as amended, by being listed as an exempt
organization under Sections 501(c)(3), (4), (8), (10), or (19),
Internal Revenue Code of 1986, as amended; and
(2) used exclusively to conduct bingo authorized under
Chapter 2001, Occupations Code.
SECTION 45. The following sections are repealed:
(1) Section 2001.409(b), Occupations Code; and
(2) Section 2001.410(c), Occupations Code.
SECTION 46. (a) The Bingo Policy Board established by
Section 467.037, Government Code, as added by this Act, begins to
exercise the powers and duties assigned to the Bingo Policy Board on
January 1, 2004.
(b) The governor shall appoint the initial members of the
Bingo Policy Board on or before January 1, 2004. The governor shall
appoint one member to a term expiring February 1, 2005, one member
to a term expiring February 1, 2007, and one member to a term
expiring February 1, 2009.
(c) The Bingo Policy Board shall employ a director of the
bingo division not later than March 1, 2004. Until a director is
employed by the policy board, the director of bingo operations
employed by the Texas Lottery Commission shall serve as the
director of the bingo division.
(d) The director of the bingo division shall establish a
security department within the bingo division not later than
September 1, 2004.
SECTION 47. The change in law made by this Act relating to a
license issued under Chapter 2001, Occupations Code, applies only
to the license of a person who files an application with the Texas
Lottery Commission for a license or the renewal of a license under
Chapter 2001, Occupations Code, on or after the effective date of
this act. The license of a person who files an application before
the effective date of this act is governed by the law in effect on
the date the application was filed, and the former law is continued
in effect for that purpose.
SECTION 48. This Act takes effect September 1, 2003.