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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter A,
Chapter 2001, Occupations Code, is amended by adding Section 2001.003 to
read as follows:
Sec. 2001.003. STATE
FUNDING FROM BINGO PRIZES. It is the intent of the legislature that the
funding necessary for the administration of this chapter by the commission
be appropriated to the commission out of
money paid to the commission by bingo players as bingo prize fees and
transferred to the general revenue fund under Section 2001.507(d).
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SECTION 1. Subchapter A,
Chapter 2001, Occupations Code, is amended by adding Section 2001.003 to
read as follows:
Sec. 2001.003. REGULATORY
FUNDING FROM BINGO PRIZE FEES. It is the intent of the legislature that
the funding necessary for the administration of this chapter by the
commission be collected by the
commission from commercial lessor, manufacturer, and distributor license
fees and money paid to the commission by bingo players as bingo prize fees.
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SECTION 2. Section
2001.103(a), Occupations Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section
2001.105(a), Occupations Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section 2001.154,
Occupations Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Sections
2001.159(a) and (c), Occupations Code, are amended to read as follows:
(a) The commission shall
issue or renew a commercial lessor license if the commission determines
that:
(1) [the applicant has
paid the license fee as provided by Section 2001.158;
[(2)] the applicant
qualifies to be licensed under this chapter;
(2) [(3)] the
rent to be charged is fair and reasonable;
(3) [(4)]
there is no diversion of the funds of the proposed lessee from the lawful
purposes under this chapter;
(4) [(5)] the
person whose signature or name appears in the application is in all
respects the real party in interest and is not an undisclosed agent or
trustee for the real party in interest; and
(5) [(6)] the
applicant will lease the premises for the conduct of bingo in accordance
with this chapter.
(c) The [Except as
provided by Section 2001.158(d), the] period may not exceed one year.
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No
equivalent provision.
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SECTION 6. Section 2001.304(a),
Occupations Code, is amended to read as follows:
(a) The commission shall
issue a temporary authorization for the activity requested if a license for
the activity is not issued or denied before the 31st day after the earliest
date on which each of the following has occurred:
(1) the filing of an
application for the license;
(2) [the payment of the
proper license fee;
[(3)] the filing of a
copy of a tax exemption statement issued by the Internal Revenue Service
under Section 501(c), Internal Revenue Code of 1986, if required; and
(3) [(4)] the
completion of a criminal background investigation.
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No
equivalent provision.
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SECTION 7. Section
2001.306(a), Occupations Code, is amended to read as follows:
(a) A license issued under
this chapter may be amended on application to the commission [and on
payment of a fee in the amount required by the commission] if the
subject matter of the proposed amendment could properly have been included
in the original license.
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No
equivalent provision.
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SECTION 8. Section
2001.315(a), Occupations Code, is amended to read as follows:
(a) A person who fails to
renew the person's license under this chapter before the date the license
expires may renew the license after the expiration date by[:
[(1) filing a license
renewal application with the commission not later than the 14th day after
the date the license expires, paying the applicable annual license fee, and
paying a late license renewal fee equal to 10 percent of the annual license
fee; or
[(2)] filing a
license renewal application with the commission not later than the 60th day
after the date the license expires[, paying the applicable annual
license fee, and paying a late license renewal fee equal to 10 percent of
the annual license fee for each 14-day period occurring after the date the
license expires and before the date the renewal application is filed with
the commission].
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No
equivalent provision.
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No
equivalent provision.
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SECTION 5. Section 2001.158,
Occupations Code, is amended by adding Subsection (e) to read as follows:
(e) The commission shall
deposit a license fee paid under this section to the credit of the bingo
administration account established under Section 2001.521.
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No
equivalent provision.
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SECTION 6. Section 2001.205,
Occupations Code, is amended by adding Subsection (c) to read as follows:
(c) The commission shall
deposit a license fee and any other fee paid under this section to the
credit of the bingo administration account established under Section
2001.521.
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No
equivalent provision.
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SECTION 7. Section 2001.209,
Occupations Code, is amended by adding Subsection (c) to read as follows:
(c) The commission shall
deposit a license fee and any other fee paid under this section to the
credit of the bingo administration account established under Section
2001.521.
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SECTION 9. Section
2001.438(f), Occupations Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 10. Section
2001.458(a), Occupations Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 11. Section
2001.459(a), Occupations Code, is amended.
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SECTION 10. Same as
introduced version.
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No
equivalent provision.
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SECTION 11. Section
2001.503, Occupations Code, is amended to read as follows:
Sec. 2001.503. LOCAL SHARE
OF PRIZE FEE. (a) Except as provided by Subsection (c), a county that
imposed a gross receipts tax on the conduct of bingo as of January 1, 1993,
is entitled to, subject to Section 2001.507(i), 50 percent of the
fee collected under Section 2001.502 on a prize awarded at a game conducted
in the county.
(b) Except as provided by
Subsection (c), a municipality that imposed a gross receipts tax on the
conduct of bingo as of January 1, 1993, is entitled to, subject to
Section 2001.507(i), 50 percent of the fee collected under Section
2001.502 on a prize awarded at a game conducted in the municipality.
(c) If a county and
municipality are both entitled to a share of the fee imposed by Section
2001.502:
(1) the county is entitled
to, subject to Section 2001.507(i), 25 percent of the fee on a prize
awarded at a game conducted in the county; and
(2) the municipality is
entitled to, subject to Section 2001.507(i), 25 percent of the fee
on a prize awarded at a game conducted in the municipality.
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No
equivalent provision.
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SECTION 12. Section
2001.507, Occupations Code, is amended by amending Subsections (a), (c),
and (h) and adding Subsection (i) to read as follows:
(a) The commission shall
deposit the revenue collected from the fee on prizes imposed by Section
2001.502 to the credit of the bingo administration account established
under Section 2001.521 [a special account in the general revenue
fund].
(c) At the end of each
state fiscal year, the [The] commission shall send [quarterly]
to a county or municipality entitled to a share of the fee on prizes the
county's or municipality's share, as provided by Section 2001.503 and
Subsection (i).
(h) Interest earned on all
fees on prizes collected by the commission under this chapter before
distribution to a local jurisdiction, including interest earned from the
suspense accounts retained under this section, shall be credited to the bingo
administration account established under Section 2001.521 [general
revenue fund].
(i) The commission shall
reduce the amount of each local share of a fee to each county or
municipality entitled to a share of the fee under Section 2001.503 on a pro
rata basis as necessary to retain the amount necessary for the
administration of bingo under this chapter for the state fiscal year less the
amount estimated by the commission as license fees expected to be deposited
in the bingo administration account established under Section 2001.521 for
that year.
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No
equivalent provision.
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SECTION 13. Chapter 2001,
Occupations Code, is amended by adding Subchapter K-1 to read as follows:
SUBCHAPTER K-1. BINGO
ADMINISTRATION ACCOUNT
Sec. 2001.521. BINGO
ADMINISTRATION ACCOUNT. (a) The bingo administration account is a special
fund in the treasury outside the general revenue fund.
(b) The account consists
of:
(1) money paid to the
commission as a commercial lessor license fee and deposited in the account
under Section 2001.158;
(2) money paid to the
commission as a manufacturer's license fee or other fee and deposited in
the account under Section 2001.205;
(3) money paid to the
commission as a distributor's license fee or other fee and deposited in the
account under Section 2001.209;
(4) any other money paid
to the commission under this chapter and any money appropriated by the
legislature to the commission for the administration of bingo under this
chapter and transferred to the account;
(5) gifts, grants, and
donations received by the commission for the purpose of the administration
of bingo under this chapter; and
(6) interest earned on
money in the account.
Sec. 2001.522. USE OF
MONEY IN ACCOUNT. Money required to be deposited in the state treasury to
the credit of the bingo administration account may be used by the
commission only to support the commission's administration of bingo under this
chapter and to pay local shares of prize fees under Section 2001.507.
Sec. 2001.523.
APPLICABILITY OF OTHER LAW. Subchapter D, Chapter 316, Government Code,
and Section 403.095, Government Code, do not apply to the account created
under Section 2001.521.
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No
equivalent provision.
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SECTION 14. Section
404.073(c), Government Code, is amended to read as follows:
(c) Interest that has been
and that will be accrued or earned from deposits made under a law to which
this subsection applies is state funds not subject to allocation or
distribution to taxing units, cities, or transportation authorities under
that law. This subsection applies to:
(1) Section 205.02,
Alcoholic Beverage Code;
(2) Section 2001.507,
Occupations Code;
(2-a) Section 2001.521, Occupations
Code;
(3) Section 403.105(d) of
this code;
(4) Sections 321.501 and
321.504, Tax Code;
(5) Sections 322.301 and
322.304, Tax Code; and
(6) Sections 323.501 and
323.504, Tax Code.
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SECTION 12. Sections
2001.104, 2001.158, 2001.205, 2001.209,
2001.214(b), 2001.306(a-1) and (e), 2001.313(b-2), and 2001.437(e),
Occupations Code, are repealed.
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SECTION 15. Sections
2001.104, 2001.313(b-2), 2001.437(e), and 2001.507(d),
Occupations Code, are repealed.
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SECTION 13.
The changes in law made by
this Act apply only to the issuance of a license under Chapter 2001,
Occupations Code, that occurs on a date on or after the effective date of
this Act. The issuance of a license that occurs on a date before the
effective date of this Act is governed by the law in effect on the date the
license is issued, and the former law is continued in effect for that
purpose.
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SECTION 16. (a) The changes in law made by this Act in
amending Sections 2001.158, 2001.205, 2001.209, 2001.503, and 2001.507,
Occupations Code, and in adding Subchapter K-1, Chapter 2001, Occupations
Code, apply beginning with the state fiscal year beginning September 1,
2019.
(b) The changes in law made
by this Act to Sections 2001.103,
2001.105, and 2001.154, Occupations Code, apply to the issuance of a
license under Chapter 2001, Occupations Code, that occurs on or after the
effective date of this Act. The issuance of a license that occurs before
the effective date of this Act is governed by the law in effect on the date
the license is issued, and the former law is continued in effect for that
purpose.
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SECTION 14. Not later than
January 1, 2018, the Texas Lottery Commission shall return to each license
holder who paid a license fee under
Chapter 2001, Occupations Code, before the effective date of this Act,
any portion of the fee attributable to the license holder's period of
licensure occurring on or after the effective date of this Act.
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SECTION 17. Not later than
January 1, 2018, the Texas Lottery Commission shall return to each license
holder who in the year preceding the
effective date of this Act paid a license fee under Section 2001.104 or
2001.437, Occupations Code, as those sections existed before the effective
date of this Act, any portion of the fee attributable to the license
holder's period of licensure occurring on or after the effective date of
this Act.
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SECTION 15. This Act takes
effect September 1, 2017.
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SECTION 18. Same as
introduced version.
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