81R2662 YDB-D

By: Flores H.B. No. 3806

A BILL TO BE ENTITLED

AN ACT

relating to the operation and regulation of charitable bingo.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 2001.108(b) and (c), Occupations Code, are amended to read as follows:

(b) If the other organization ceased or will cease conducting bingo for the reason stated in Subsection (a)(1), the commission must act on the joint application filed under Subsection (a) not later than the 14th [10th] day after the date the application is filed with the commission.

(c) If the other organization ceased or will cease conducting bingo for the reason stated in Subsection (a)(2), the commission must act on the joint application filed under Subsection (a) not later than the 14th [10th] day after the date the application is filed with the commission or the date on which the termination takes effect, whichever is later.

SECTION 2. Sections 2001.211(b), (c), and (d), Occupations Code, are amended to read as follows:

(b) If a change occurs after issuance of a manufacturer's or distributor's license, the license holder shall report the change to the commission not later than the 14th [10th] day after the date of the change.

(c) Not later than the 14th [10th] day after the date of the change, a license holder shall notify the commission of a change in:

(1) the license holder's organization, structure, or mode of operation;

(2) the identity of persons named or required to be named in the application and the nature or extent of those persons' interest; or

(3) any other facts stated in the application.

(d) Failure to give a notice required under this section is cause for:

(1) denial, suspension, or revocation of a license; or

(2) imposition of an administrative penalty or other administrative action.

SECTION 3. Section 2001.314, Occupations Code, is amended to read as follows:

Sec. 2001.314. IDENTIFICATION CARD FOR APPROVED BINGO WORKER. (a) The commission may require an individual [a person] listed in the registry maintained under Section 2001.313 to wear an identification card to identify the individual [person] to license holders, bingo players, and commission staff while the individual [person] is on duty during the conduct of bingo. The commission by rule shall prescribe the form and content of the card.

(b) The commission shall provide the identification card and shall provide a form to be completed by an individual [a person] that allows the individual [person] to prepare the identification card. The commission shall collect a reasonable charge to cover the cost of providing the card or form.

(c) An identification card required by the commission under this section to be worn by an individual [a person] while on duty during the conduct of bingo must be in substantial compliance with the form and content requirements prescribed by the commission under this section.

(d) The commission may not require any other individual [person] licensed under this chapter, or an individual [a person] acting on the license holder's behalf, to wear an identification card, whether or not the individual [person] is present or performing the individual's [person's] duties during the conduct of bingo.

SECTION 4. Section 2001.356(c), Occupations Code, is amended to read as follows:

(c) If a notice of temporary suspension is served on a license holder, the director of bingo operations shall simultaneously serve notice of a hearing, to be held not later than the 14th [10th] day after the date the notice is served, at which the license holder must show cause why the license should not be temporarily suspended on the 14th [10th] day after the date the notice is served. If the license holder does not show cause, the license is suspended.

SECTION 5. Section 2001.603(b), Occupations Code, is amended to read as follows:

(b) Not later than the 21st [14th] day after the date on which the report is issued, the director shall give written notice of the report to the person alleged to have committed the violation.

SECTION 6. Sections 2001.656(a), (b), and (d), Occupations Code, are amended to read as follows:

(a) If a majority of the qualified voters voting on the question in a legalization election vote in favor of legalization, bingo is legalized throughout the political subdivision beginning on the 14th [10th] day after the date the result of the election is officially declared, except as otherwise provided as to a part of the political subdivision for which Section 2001.657 requires a contrary status.

(b) If a majority of the qualified voters voting on the question in a prohibitory election vote in favor of prohibition, bingo is prohibited throughout the political subdivision beginning on the 14th [10th] day after the date the result of the election is officially declared, except as otherwise provided as to a part of the political subdivision for which Section 2001.657 requires a contrary status.

(d) The governing body of a political subdivision in which a bingo election has been held shall not later than the 14th [10th] day after the date of the election give written notification to the commission of the results of the election. If as a result of the election bingo is legalized in the political subdivision, the governing body shall furnish the commission with a map prepared by the governing body indicating the boundaries of the political subdivision in which bingo may be conducted.

SECTION 7. This Act takes effect September 1, 2009.