85R11499 DMS-D
 
  By: Thompson of Harris H.B. No. 2577
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of bingo games; authorizing fee refunds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2001.057(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission shall [may] appoint a bingo advisory
  committee consisting of nine members. The commission shall appoint
  members representing a balance of interests including
  representatives of:
               (1)  the public;
               (2)  charities that operate bingo games; and
               (3)  commercial and charity lessors that participate in
  the bingo industry.
         SECTION 2.  Section 2001.103, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  On request, the commission shall refund to an
  authorized organization the $25 temporary license fee submitted
  under Subsection (a) not later than the 30th day after the date the
  commission receives the request for the refund, if:
               (1)  the authorized organization does not use the
  temporary license to conduct bingo before the first anniversary of
  the date of the license's issuance; or
               (2)  the authorized organization requests withdrawal
  of the application before the temporary license is issued, except
  the commission may retain an amount not to exceed 50 percent of the
  license fee to defray any administrative cost incurred by the
  commission in processing the application.
         SECTION 3.  Section 2001.104, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The commission shall refund the fee for an initial or
  renewal license to conduct bingo if the applicant requests
  withdrawal of the application before the license is issued or if the
  commission denies the application, except the commission may retain
  an amount not to exceed the lesser of 50 percent of the license fee
  or $150 to defray any administrative cost incurred by the
  commission in processing the application. The commission shall
  issue the refund not later than the 30th day after the date the
  commission receives the withdrawal request or denies the
  application.
         SECTION 4.  Section 2001.158, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The commission shall refund the fee for an initial or
  renewal commercial lessor license if the applicant requests
  withdrawal of the application before the license is issued or if the
  commission denies the application, except the commission may retain
  an amount not to exceed the lesser of 50 percent of the license fee
  or $150 to defray any administrative cost incurred by the
  commission in processing the application. The commission shall
  issue the refund not later than the 30th day after the date the
  commission receives the withdrawal request or denies the
  application.
         SECTION 5.  Section 2001.205, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The commission shall refund the fee for an initial or
  renewal manufacturer's license if the applicant requests
  withdrawal of the application before the license is issued or if the
  commission denies the application, except the commission may retain
  a reasonable amount set by the commission to defray any
  administrative cost incurred by the commission in processing the
  application. The commission shall issue the refund not later than
  the 30th day after the date the commission receives the withdrawal
  request or denies the application.
         SECTION 6.  Section 2001.209, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The commission shall refund the fee for an initial or
  renewal distributor's license if the applicant requests withdrawal
  of the application before the license is issued or if the commission
  denies the application, except the commission may retain a
  reasonable amount set by the commission to defray any
  administrative cost incurred by the commission in processing the
  application. The commission shall issue the refund not later than
  the 30th day after the date the commission receives the withdrawal
  request or denies the application.
         SECTION 7.  Section 2001.306, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The commission shall refund the fee for amending a
  license issued under this chapter if the applicant requests
  withdrawal of the amendment application before the amended license
  is issued or if the commission denies the amendment application,
  except the commission may retain an amount not to exceed 50 percent
  of the amendment fee to defray any administrative cost incurred by
  the commission in processing the amendment application. The
  commission shall issue the refund not later than the 30th day after
  the date the commission receives the withdrawal request or denies
  the application.
         SECTION 8.  Section 2001.313, Occupations Code, is amended
  by adding Subsection (b-3) and amending Subsection (h) to read as
  follows:
         (b-3)  The commission shall refund the fee submitted under
  Subsection (b-2) for an initial or renewal registration application
  if the applicant requests withdrawal of the application before the
  applicant is listed on the registry or if the commission denies the
  registration and listing, except the commission may retain an
  amount not to exceed 50 percent of the registration fee to defray
  any administrative cost incurred by the commission in processing
  the application. The commission shall issue the refund not later
  than the 30th day after the date the commission receives the
  withdrawal request or denies the application.
         (h)  A licensed authorized organization may employ an
  individual who is not on the registry established by this section as
  an operator, manager, cashier, usher, caller, or salesperson on a
  provisional basis if the individual is awaiting the results of a
  background check by the commission:
               (1)  for a period not to exceed 14 days, beginning on
  the date the commission receives the application for the employee
  to be placed on the registry, if the individual is a resident of
  this state; or
               (2)  for a period to be established by commission rule
  if the individual is not a resident of this state.
         SECTION 9.  Section 2001.419, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  If pull-tab bingo tickets are sold by one licensed
  authorized organization that conducts consecutive bingo occasions
  during one day, the organization may account for and report all of
  the pull-tab bingo ticket sales for the occasions as sales for the
  final occasion.
         SECTION 10.  Section 2001.437, Occupations Code, is amended
  by adding Subsection (i) to read as follows:
         (i)  The commission shall refund the fee for an initial or
  renewal unit manager license if the applicant requests withdrawal
  of the application before the license is issued or if the commission
  denies the application, except the commission may retain an amount
  not to exceed the lesser of 50 percent of the license fee or $150 to
  defray any administrative cost incurred by the commission in
  processing the application. The commission shall issue the refund
  not later than the 30th day after the date the commission receives
  the withdrawal request or denies the application.
         SECTION 11.  Section 2001.502, Occupations Code, is amended
  to read as follows:
         Sec. 2001.502.  PRIZE FEE. A licensed authorized
  organization shall:
               (1)  collect from a person who wins a bingo prize of
  more than $5 a fee in the amount of five percent of the amount or
  value of the prize; and
               (2)  remit to the commission a fee in the amount of five
  percent of the amount or value of all bingo prizes of more than $5 
  awarded.
         SECTION 12.  Section 2001.0541, Occupations Code, is
  repealed.
         SECTION 13.  (a)  Chapter 2001, Occupations Code, as amended
  by this Act, applies only to an application and fee submitted under
  that chapter on or after the effective date of this Act. An
  application and fee submitted before the effective date of this Act
  are governed by the law in effect on the date the application and
  fee are submitted, and the former law is continued in effect for
  that purpose.
         (b)  Notwithstanding the effective date of this Act, the
  change in law made to Section 2001.502, Occupations Code, applies
  to the collection or remittance of a bingo prize fee for a bingo
  prize awarded on or after October 1, 2017. The collection or
  remittance of a bingo prize fee for a bingo prize awarded before
  October 1, 2017, is governed by the law in effect on the date the
  prize is awarded, and the former law is continued in effect for that
  purpose.
         SECTION 14.  This Act takes effect September 1, 2017.