82R8917 GCB-F

By: Thompson H.B. No. 2728

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. Section 2001.002, Occupations Code, is amended by adding Subdivision (6-a) to read as follows:

(6-a) "Card-minding device player account value" means the amount of money accounted for by a card-minding device that is deposited to a player's account through a point-of-sale transaction or otherwise credited to the player's account by the card-minding device as a bingo prize for winning a game of bingo.

SECTION 2. Section 2001.103(e), Occupations Code, is amended to read as follows:

(e) Notwithstanding Subsection (c), an authorized organization that holds an annual license to conduct bingo may receive not more than 36 [24] temporary licenses during the 12-month period following the issuance or renewal of the license. The holder of a license that is effective for two years may receive not more than 36 [24] temporary licenses for each 12-month period that ends on an anniversary of the date the license was issued or renewed.

SECTION 3. Sections 2001.160(a), (b), (e), (f), and (g), Occupations Code, are amended to read as follows:

(a) On approval by the commission, a [A] licensed commercial lessor may [not] transfer a commercial lessor license [except as provided by this section.

[(b) A transfer of a commercial lessor license under this section may be made only with the prior approval of the commission. The commission shall approve the transfer under this section] if the person to whom the license will be transferred otherwise meets the requirements of this subchapter [section].

(e) Unless the commission revokes or suspends the license under this chapter, or an injunction is issued under this section, a licensed authorized organization that conducts bingo lawfully at premises under a license to which Subsection (d) applies may continue conducting bingo at the premises after the death or incapacity of the commercial lessor license holder.

(f) On the showing by the commission of a cause that would be sufficient for the commission to revoke or suspend [obtain] a license under this chapter or an applicable commission rule [suspension under Section 2001.355], a district court in the county for which a commercial lessor license was issued or the commissioner by rule may temporarily or permanently enjoin the conduct of bingo at premises under a license to which Subsection (d) applies.

(g) The estate or guardian of an individual to whom Subsection (d) applies shall notify the commission not later than the 90th day [one year] after the date the individual dies or is determined to be incapacitated by a court of this state. The estate or guardian and the heirs or other appropriate person shall promptly take all necessary steps to complete a transfer of the license to the heirs or other appropriate person.

SECTION 4. Section 2001.409, Occupations Code, is amended by adding Subsections (b) and (c) to read as follows:

(b) A bingo player may use a card-minding device player account value to purchase bingo cards, pull-tabs, or other bingo merchandise.

(c) A licensed authorized organization that conducts bingo may use a card-minding device to:

(1) calculate and display a card-minding device player account value; and

(2) pay a bingo player a refund or bingo prize money.

SECTION 5. Section 2001.420(b), Occupations Code, is amended to read as follows:

(b) A [For bingo games other than pull-tab bingo, a] person may not offer or award on a single bingo occasion prizes with an aggregate value of more than $2,500 for all bingo games other than:

(1) pull-tab bingo; or

(2) bingo games that award individual prizes of $50 or less.

SECTION 6. The change in law made by this Act to Section 2001.160, Occupations Code, applies to a license to operate bingo gaming issued under Chapter 2001, Occupations Code, regardless of whether the license was issued before, on, or after the effective date of this Act.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.