By: Thompson, Guillen H.B. No. 2728
        (Senate Sponsor - Van de Putte)
         (In the Senate - Received from the House May 13, 2011;
  May 13, 2011, read first time and referred to Committee on State
  Affairs; May 23, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 1;
  May 23, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2728 By:  Van de Putte
 
 
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(8-a), Occupations Code, is
  amended to read as follows:
               (8-a)  "Crime of moral turpitude" means:
                     (A)  a felony;
                     (B)  a gambling offense;
                     (C)  criminal fraud;
                     (D)  forgery;
                     (E)  theft;
                     (F)  an offense that involves knowingly filing
  false information with a governmental agency; or
                     (G)  any [offense that:
                           [(i)  is classified in this state as a] Class
  A misdemeanor defined by another state law as a crime of moral
  turpitude [; and
                           [(ii)     puts the honesty and integrity of the
  individual who committed the offense in question].
         SECTION 2.  Sections 2001.160(a), (b), (e), and (f),
  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 commission
  by order may temporarily or permanently enjoin the conduct of bingo
  at premises under a license to which Subsection (d) applies.
         SECTION 3.  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 4.  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.
 
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