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.