79R8966 MSE-D
By: Menendez H.B. No. 2715
A BILL TO BE ENTITLED
AN ACT
relating to authorizing licensed bingo organizations to conduct
charitable poker games.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 by rule may establish the number and type
of poker games that may be played at a licensed authorized
organization under Subchapter O.
SECTION 2. 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 3. 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 4. 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
related 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 5. 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 6. Section 2001.502, Occupations Code, is amended
to read as follows:
Sec. 2001.502. PRIZE FEE. 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.
SECTION 7. 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.
SECTION 8. This Act takes effect September 1, 2005.