Amend CSHB 3540 by adding the following appropriately
numbered article to the bill and renumbering existing articles of
the bill accordingly:
ARTICLE ___. AUTHORIZATION OF LICENSED BINGO ORGANIZATIONS TO
CONDUCT CHARITABLE POKER GAMES
SECTION ___.01. The heading to Section 2001.051, Occupations
Code, is amended to read as follows:
Sec. 2001.051. CONTROL AND SUPERVISION OF BINGO AND POKER;
BINGO DIVISION.
SECTION ___.02. Sections 2001.051(b) and (c), Occupations
Code, are amended to read as follows:
(b) The commission has broad authority and shall exercise
strict control and close supervision over all bingo and poker
conducted in this state so that bingo and poker are [is] fairly
conducted and the proceeds derived from bingo and poker are used for
an authorized purpose.
(c) The commission shall execute its authority through a
bingo division established by the commission to administer this
chapter. The commission has the same enforcement authority to
regulate the conduct of poker under this chapter as the commission
has to regulate bingo.
SECTION ___.03. 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 has broad authority to adopt rules
relating to the number, type, and conduct of poker games that may be
played by a licensed authorized organization under Subchapter O.
SECTION ___.04. 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 licensed authorized organization
may not offer or provide to a person the opportunity to play bingo
or poker without charge.
SECTION ___.05. Section 2001.416, Occupations Code, is
amended by adding Subsection (e) to read as follows:
(e) This section does not prohibit a licensed authorized
organization from conducting a charitable poker game under
Subchapter O.
SECTION ___.06. 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 or poker except an expense that
is reasonable or necessary to conduct bingo or poker, including an
expense for:
(1) advertising, including the cost of printing bingo
gift certificates;
(2) security;
(3) repairs to premises and equipment;
(4) bingo and poker supplies and equipment;
(5) prizes;
(6) stated rental or mortgage and insurance expenses;
(7) bookkeeping, legal, or accounting services
relating to bingo;
(8) fees for callers, cashiers, ushers, dealers,
janitorial services, and utility supplies and services;
(9) license fees;
(10) attending a bingo seminar or convention required
under Section 2001.107; and
(11) debit card transaction fees.
SECTION ___.07. 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 or poker must be paid from an
organization's bingo account:
(1) advertising, including the cost of printing bingo
gift certificates;
(2) security during a bingo occasion;
(3) the purchase or repair of bingo or poker 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, dealers, and ushers;
(8) janitorial services;
(9) license fees; and
(10) payment for services provided by a system service
provider.
SECTION ___.08. Section 2001.502, Occupations Code, is
amended to read as follows:
Sec. 2001.502. PRIZE FEE. (a) A licensed authorized
organization shall collect from a person who wins a bingo prize or a
prize at a poker game a fee in the amount of five percent of the
amount or value of the prize.
(b) The commission shall define what constitutes a prize for
the purposes of poker conducted under this chapter. A poker prize
may include a prize based on:
(1) a prize paid to a person from entry fees charged to
participate in a poker game; or
(2) a buy-out paid to a person participating in a poker
game, less any money the person pays as a buy-in for the poker game.
SECTION ___.09. Chapter 2001, Occupations Code, is amended
by adding Subchapter O to read as follows:
SUBCHAPTER O. CHARITABLE POKER
Sec. 2001.701. DEFINITION. In this subchapter, "poker"
means a game played with cards of a type traditionally referred to
as poker in which:
(1) a participant bets or plays for money;
(2) no participant in the game receives any economic
benefit from that participation other than personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning at the card game are the
same for all participants.
Sec. 2001.702. CHARITABLE POKER. A licensed authorized
organization may conduct charitable poker games in addition to
bingo at the location and times permitted by the organization's
license to conduct bingo.
Sec. 2001.703. ENTRY FEE. A licensed authorized
organization may charge an entry fee for a person to play a poker
game conducted under this subchapter.
Sec. 2001.704. MINORS. An individual younger than 18 years
of age may not play poker conducted under a license issued under
this chapter.
Sec. 2001.705. PROCEEDS. (a) A licensed authorized
organization shall deposit all funds derived from the conduct of
poker authorized under this subchapter, less the amount authorized
as cash prizes, in the organization's bingo account, as required by
Section 2001.451.
(b) Funds deposited in the bingo account under Subsection
(a) are subject to the same provisions and requirements as funds
derived from the conduct of bingo under Subchapter J.
Sec. 2001.706 APPLICABILITY OF CHAPTER TO CHARITABLE POKER.
(a) A licensed authorized organization that conducts poker under
this subchapter is subject to the same restrictions, obligations,
and duties as are applicable to the conduct of charitable bingo
under this chapter.
(b) The commission shall have the same powers and duties to
investigate, audit, or regulate an authorized organization,
commercial lessor, manufacturer, distributor, or unit manager, or
to deny, revoke, or suspend the license of that person, for a
violation of this chapter or a commission rule related to poker
conducted under this subchapter as the commission has for
charitable bingo under this chapter.
Sec. 2001.707. RULEMAKING AUTHORITY. The commission has
broad rulemaking authority regarding the licensing and regulation
of poker conducted under this subchapter so that poker is fairly
conducted and the proceeds derived from poker are used for an
authorized purpose, including authority regarding:
(1) limitations on entrance fees, buy-ins and
buy-outs, number and amounts of bets, number and amounts of prizes,
number of occasions and time limits, and reasonable and necessary
expenses associated with conducting poker;
(2) approval of and restrictions on the use of poker
equipment, including cards, chips, and tables;
(3) rules of play, including types of poker games
authorized, deal, play, rank of poker hands, betting, and conduct
of tournaments; and
(4) fairness and integrity of poker games, including
player disputes, incorrect hands, cards exposed in dealing, and
improper shuffle or cut.
SECTION ___.10. This article takes effect October 1, 2005.