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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of bingo games; authorizing fee refunds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.057(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall [may] appoint a bingo advisory |
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committee consisting of nine members. The commission shall appoint |
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members representing a balance of interests including |
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representatives of: |
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(1) the public; |
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(2) charities that operate bingo games; and |
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(3) commercial and charity lessors that participate in |
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the bingo industry. |
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SECTION 2. Section 2001.103, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) On request, the commission shall refund to an |
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authorized organization the $25 temporary license fee submitted |
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under Subsection (a) not later than the 30th day after the date the |
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commission receives the request for the refund, if: |
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(1) the authorized organization does not use the |
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temporary license to conduct bingo before the first anniversary of |
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the date of the license's issuance; or |
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(2) the authorized organization requests withdrawal |
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of the application before the temporary license is issued, except |
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the commission may retain an amount not to exceed 50 percent of the |
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license fee to defray any administrative cost incurred by the |
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commission in processing the application. |
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SECTION 3. Section 2001.104, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) The commission shall refund the fee for an initial or |
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renewal license to conduct bingo if the applicant requests |
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withdrawal of the application before the license is issued or if the |
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commission denies the application, except the commission may retain |
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an amount not to exceed the lesser of 50 percent of the license fee |
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or $150 to defray any administrative cost incurred by the |
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commission in processing the application. The commission shall |
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issue the refund not later than the 30th day after the date the |
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commission receives the withdrawal request or denies the |
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application. |
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SECTION 4. Section 2001.158, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The commission shall refund the fee for an initial or |
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renewal commercial lessor license if the applicant requests |
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withdrawal of the application before the license is issued or if the |
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commission denies the application, except the commission may retain |
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an amount not to exceed the lesser of 50 percent of the license fee |
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or $150 to defray any administrative cost incurred by the |
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commission in processing the application. The commission shall |
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issue the refund not later than the 30th day after the date the |
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commission receives the withdrawal request or denies the |
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application. |
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SECTION 5. Section 2001.205, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) The commission shall refund the fee for an initial or |
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renewal manufacturer's license if the applicant requests |
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withdrawal of the application before the license is issued or if the |
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commission denies the application, except the commission may retain |
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a reasonable amount set by the commission to defray any |
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administrative cost incurred by the commission in processing the |
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application. The commission shall issue the refund not later than |
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the 30th day after the date the commission receives the withdrawal |
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request or denies the application. |
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SECTION 6. Section 2001.209, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) The commission shall refund the fee for an initial or |
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renewal distributor's license if the applicant requests withdrawal |
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of the application before the license is issued or if the commission |
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denies the application, except the commission may retain a |
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reasonable amount set by the commission to defray any |
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administrative cost incurred by the commission in processing the |
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application. The commission shall issue the refund not later than |
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the 30th day after the date the commission receives the withdrawal |
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request or denies the application. |
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SECTION 7. Section 2001.306, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) The commission shall refund the fee for amending a |
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license issued under this chapter if the applicant requests |
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withdrawal of the amendment application before the amended license |
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is issued or if the commission denies the amendment application, |
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except the commission may retain an amount not to exceed 50 percent |
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of the amendment fee to defray any administrative cost incurred by |
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the commission in processing the amendment application. The |
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commission shall issue the refund not later than the 30th day after |
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the date the commission receives the withdrawal request or denies |
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the application. |
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SECTION 8. Section 2001.313, Occupations Code, is amended |
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by adding Subsection (b-3) and amending Subsection (h) to read as |
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follows: |
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(b-3) The commission shall refund the fee submitted under |
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Subsection (b-2) for an initial or renewal registration application |
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if the applicant requests withdrawal of the application before the |
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applicant is listed on the registry or if the commission denies the |
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registration and listing, except the commission may retain an |
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amount not to exceed 50 percent of the registration fee to defray |
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any administrative cost incurred by the commission in processing |
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the application. The commission shall issue the refund not later |
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than the 30th day after the date the commission receives the |
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withdrawal request or denies the application. |
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(h) A licensed authorized organization may employ an |
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individual who is not on the registry established by this section as |
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an operator, manager, cashier, usher, caller, or salesperson on a |
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provisional basis if the individual is awaiting the results of a |
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background check by the commission: |
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(1) for a period not to exceed 14 days, beginning on |
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the date the commission receives the application for the employee |
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to be placed on the registry, if the individual is a resident of |
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this state; or |
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(2) for a period to be established by commission rule |
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if the individual is not a resident of this state. |
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SECTION 9. Section 2001.419, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) If pull-tab bingo tickets are sold by one licensed |
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authorized organization that conducts consecutive bingo occasions |
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during one day, the organization may account for and report all of |
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the pull-tab bingo ticket sales for the occasions as sales for the |
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final occasion. |
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SECTION 10. Section 2001.437, Occupations Code, is amended |
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by adding Subsection (i) to read as follows: |
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(i) The commission shall refund the fee for an initial or |
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renewal unit manager license if the applicant requests withdrawal |
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of the application before the license is issued or if the commission |
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denies the application, except the commission may retain an amount |
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not to exceed the lesser of 50 percent of the license fee or $150 to |
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defray any administrative cost incurred by the commission in |
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processing the application. The commission shall issue the refund |
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not later than the 30th day after the date the commission receives |
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the withdrawal request or denies the application. |
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SECTION 11. Section 2001.502, Occupations Code, is amended |
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to read as follows: |
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Sec. 2001.502. PRIZE FEE. A licensed authorized |
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organization shall: |
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(1) collect from a person who wins a bingo prize of |
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more than $5 a fee in the amount of five percent of the amount or |
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value of the prize; and |
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(2) remit to the commission a fee in the amount of five |
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percent of the amount or value of all bingo prizes of more than $5 |
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awarded. |
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SECTION 12. Section 2001.0541, Occupations Code, is |
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repealed. |
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SECTION 13. (a) Chapter 2001, Occupations Code, as amended |
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by this Act, applies only to an application and fee submitted under |
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that chapter on or after the effective date of this Act. An |
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application and fee submitted before the effective date of this Act |
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are governed by the law in effect on the date the application and |
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fee are submitted, and the former law is continued in effect for |
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that purpose. |
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(b) Notwithstanding the effective date of this Act, the |
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change in law made to Section 2001.502, Occupations Code, applies |
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to the collection or remittance of a bingo prize fee for a bingo |
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prize awarded on or after October 1, 2017. The collection or |
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remittance of a bingo prize fee for a bingo prize awarded before |
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October 1, 2017, is governed by the law in effect on the date the |
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prize is awarded, and the former law is continued in effect for that |
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purpose. |
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SECTION 14. This Act takes effect September 1, 2017. |