78R10790 YDB-D


By:  Flores                                                       H.B. No. 2792

Substitute the following for H.B. No. 2792:                                   

By:  Jones of Lubbock                                         C.S.H.B. No. 2792



A BILL TO BE ENTITLED

AN ACT

relating to the use of electronic pull-tab minding devices or 
card-minding devices during a bingo occasion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2001.002, Occupations Code, is amended 
by adding Subdivisions (9-a) and (9-b) to read as follows:
		(9-a)  "Electronic pull-tab bingo" means an electronic 
version of pull-tab bingo 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.
		(9-b)  "Electronic pull-tab minding device" means an 
electronic device, including a card-minding device, that displays 
an electronic pull-tab bingo ticket face purchased by a person.
	SECTION 2.  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 3.  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 4.  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 5.  Subchapter I, Chapter 2001, Occupations Code, is 
amended by adding Section 2001.4095 to read as follows:
	Sec. 2001.4095.  ELECTRONIC PULL-TAB MINDING DEVICES.  (a)  
A person may not use an electronic pull-tab minding device:
		(1)  to generate random letters, numbers, or other 
symbols used in playing bingo;
		(2)  to affect the chances of winning at bingo; or                     
		(3)  as a dispenser for the payment of a bingo prize, 
including coins, paper currency, or another thing of value.
	(b)  An electronic pull-tab minding device must be 
manufactured in accordance with the specifications provided by 
commission rule and is subject to testing by the commission.
	(c)  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.
	(d)  The commission at any time may inspect an electronic 
pull-tab minding device.
	(e)  The manufacturer of an electronic pull-tab minding 
device 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 6.  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 bingo pull-tab game may not be less 
than the prize payout percentage established for a paper pull-tab 
game.
	SECTION 7.  The Texas Lottery Commission shall adopt rules 
to administer electronic pull-tab bingo and 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.
	SECTION 8.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.