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Amend HB 2265 as follows:
(1) In the recital to SECTION 1 of the bill, between "by" and
"adding" (House engrossment, page 1, line 6), insert "amending
Subdivisions (11) and (19) and".
(2) In SECTION 1 of the bill, in proposed Subdivision (8-a),
Section 2001.002, Occupations Code, between "organization" and
"to" (House engrossment, page 1, line 9), insert "or tribal
fraternal organization".
(3) In SECTION 1 of the bill, in proposed Subdivision
(13-a), Section 2001.002, Occupations Code, between "organization"
and "to" (House engrossment, page 1, line 13), insert "or tribal
fraternal organization".
(4) In SECTION 1 of the bill, in amended Section 2001.002,
Occupations Code (House engrossment, page 1, between lines 14 and
15), insert the following:
(11) "Fraternal organization" means any of the
following other than an organization whose members are
predominantly veterans or dependents of veterans of the armed
services of the United States:
(A) a nonprofit organization organized to
perform and engaged primarily in performing charitable,
benevolent, patriotic, employment-related, or educational
functions that meet the other requirements of this chapter; [or]
(B) a nonprofit National Historical District
Association representing the owners and lessees of a majority of
the real property located in a National Historical District
designated for not less than five years by the National Register of
Historic Places, Heritage Conservation and Recreation Service of
the United States Department of the Interior, if the association's
net proceeds are used for restoration, construction, maintenance,
and security in the district; or
(C) a nonprofit organization that:
(i) is organized under tribal law by a
federally recognized Indian tribe that is not subject to the Indian
Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C.
Section 2701 et seq.) and that exercises tribal authority over a
reservation, as defined by 25 U.S.C. Section 731 or 1300g; and
(ii) is organized to perform and is engaged
primarily in performing charitable, benevolent, patriotic,
employment-related, or educational functions. [The term "fraternal
organization" does not include an organization whose members are
predominantly veterans or dependents of veterans of the armed
services of the United States.]
(19) "Nonprofit organization" means:
(A) an unincorporated association or a
corporation that is incorporated or holds a certificate of
authority under the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes), that [. The
organization]:
(i) does [(A) may] not distribute any of
its income to its members, officers, or governing body, other than
as reasonable compensation for services; and
(ii) has [(B) must have obtained] tax
exempt status under Section 501(c), Internal Revenue Code of 1986;
or
(B) a tribal organization formed by a federally
recognized Indian tribe that exercises tribal authority over a
reservation, as defined by 25 U.S.C. Section 731 or 1300g, to engage
primarily in performing charitable, benevolent, patriotic,
employment-related, or educational functions.
(5) In SECTION 1 of the bill, in proposed Subdivision
(23-a), Section 2001.002, Occupations Code, between "organization"
and "until" (House engrossment, page 1, line 17), insert "or tribal
fraternal organization".
(6) In SECTION 2 of the bill, in proposed Subsection (e),
Section 2001.420, Occupations Code, between "organization" and
"may" (House engrossment, page 2, line 10), insert "or tribal
fraternal organization".
(7) Insert the following appropriately numbered SECTION and
renumber subsequent SECTIONS accordingly:
SECTION __. Subchapter C, Chapter 2001, Occupations Code,
is amended by adding Section 2001.1015 to read as follows:
Sec. 2001.1015. CHARITABLE BINGO BY TRIBAL FRATERNAL
ORGANIZATION. (a) A nonprofit organization in existence for at
least 180 days that qualifies as a fraternal organization under
Section 2001.002(11)(C) may conduct bingo on the reservation of the
Indian tribe under whose tribal law the organization is organized
on adoption by the tribe of rules governing the conduct of bingo by
the organization that conform to the substantive provisions of this
chapter and of Sections 47(b) and (c), Article III, Texas
Constitution.
(b) In accordance with Sections 107(b) and 207(b), Ysleta
del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas
Restoration Act (25 U.S.C. Sections 1300g-6(b) and 737(b)), an
organization described by Subsection (a) may conduct bingo
activities in accordance with the tribe's rules adopted under
Subsection (a) without submitting to the regulatory jurisdiction,
including licensing requirements, of this state.
(c) A nonprofit organization may not conduct bingo under
this section unless:
(1) the organization transfers to this state on a
monthly basis an amount equal to five percent of the organization's
adjusted gross receipts from bingo in the manner prescribed by the
comptroller;
(2) all other proceeds are spent in Texas for
charitable purposes;
(3) the games are limited to one location as defined by
law on property owned or leased by the organization; and
(4) the games are conducted, promoted, and
administered by members of the organization.
(d) A nonprofit organization may not conduct bingo under
this section unless the organization reports quarterly to the
comptroller the amount of revenue that the organization collects
from the games and the purposes for which the revenue is spent. The
commission may impose an administrative civil penalty against the
organization for a violation of the quarterly reporting
requirement. The amount of the administrative penalty may not
exceed $1,000 for each violation.