81R2655 YDB-D
 
  By: Flores H.B. No. 3808
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal offense for conducting, promoting, or
  administering bingo without a license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2001.551(b), Occupations Code, is
  amended to read as follows:
         (b)  A person conducting, promoting, or administering bingo
  commits an offense if the person conducts, promotes, or administers
  bingo other than:
               (1)  under a license issued under this chapter;
               (2)  [within the confines of a home] for purposes of
  amusement or recreation when:
                     (A)  no player or other person furnishes anything
  of [more than nominal] value as defined by rule [for the
  opportunity] to participate;
                     [(B)     participation in the game does not exceed 15
  players;] and
                     (B) [(C)]  the prizes awarded or to be awarded are
  nominal as defined by rule;
               (3)  on behalf of an organization of individuals 60
  years of age or over, a senior citizens' association, a senior
  citizens' community center program operated or funded by a
  governmental entity, the patients in a hospital or nursing home,
  residents of a retirement home, or the patients in a Department of
  Veterans Affairs [Veteran's Administration] medical center or a
  military hospital, solely for the purpose of amusement and
  recreation of its members, residents, or patients, when:
                     (A)  no player or other person furnishes anything
  of more than nominal value for the opportunity to participate; and
                     (B)  the prizes awarded or to be awarded are
  nominal; or
               (4)  on behalf of a business conducting the game for
  promotional or advertising purposes if:
                     (A)  the game is conducted by or through a
  newspaper or a radio or television station;
                     (B)  participation in the game is open to the
  general public and is not limited to customers of the business;
                     (C)  playing materials are furnished without
  charge to a person on request; and
                     (D)  no player is required to furnish anything of
  value for the opportunity to participate.
         SECTION 2.  (a)  The change in law made by this Act applies
  only to an offense committed on or after the effective date of this
  Act. For purposes of this section, an offense is committed before
  the effective date of this Act if any element of the offense occurs
  before that date.
         (b)  An offense committed before the effective date of this
  Act is covered by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.