85R3658 DMS-F

By: Herrero H.B. No. 4129

A BILL TO BE ENTITLED

AN ACT

relating to disciplinary action against bingo operators and bingo registry workers for prohibited conduct and criminal convictions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 2001.353, Occupations Code, is amended to read as follows:

Sec. 2001.353. DISCIPLINE OF LICENSE AND REGISTRATION HOLDERS; PROHIBITED PARTICIPATION.

SECTION 2. Section 2001.353, Occupations Code, is amended by adding Subsections (e), (f), (g), (h), and (i) to read as follows:

(e) The commission may not take disciplinary action against a licensed authorized organization that has on file for a person who participates in the conduct of bingo for the organization the person's criminal history record information obtained from a local law enforcement agency or the Department of Public Safety that does not contain a record of a conviction for an offense involving conduct described by Subsection (f).

(f) The commission may prohibit a person from participating in the conduct of bingo for a licensed authorized organization if, after notice and a requested hearing, the person is finally determined to have:

(1) been convicted of an offense described by Section 2001.105(b);

(2) converted bingo equipment located in a premises to an improper use;

(3) converted funds in a bingo account of an organization or funds that should have been in a bingo account of an organization;

(4) taken any action, individually or in concert with another person, that affects the integrity of any bingo game to which this chapter applies; or

(5) participated in any violation of this chapter or rules adopted by the commission for the administration of this chapter.

(g) The commission shall immediately notify a licensed authorized organization if the commission:

(1) obtains for a person who participates in the conduct of bingo for the organization criminal history record information that contains a record of a conviction involving conduct described by Subsection (f); or

(2) prohibits the person from participating in the conduct of bingo for the organization under Subsection (f).

(h) A licensed authorized organization that receives a notification described by Subsection (g) may not allow the person to participate in the conduct of bingo for the organization after receipt of the notification.

(i) The commission may take disciplinary action against a licensed authorized organization that allows a person to participate in the conduct of bingo for the organization after the organization receives the notification required under Subsection (g).

SECTION 3. Section 2001.313, Occupations Code, is repealed.

SECTION 4. This Act takes effect September 1, 2017.