Amend Amendment No. 1 by Geren to SB 3070 as follows:
(1) On page 2, between lines 30 and 31, add the following appropriately numbered subdivision to proposed Section 466.005(b), Government Code, and renumber subsequent subdivisions and cross-references to those subdivisions accordingly:
(____) assessing whether the department has sufficient tools, programs, and procedures to ensure the integrity of the state lottery program;
(2) On page 18, line 16, strike "the executive director or" and substitute "[the executive director or]".
(3) On page 18, line 18, strike "an employee or" and substitute "a [an employee or]".
(4) On page 18, strike lines 19 through 21, and substitute the following:
department who the executive director determines:
(A) has or will have access to sensitive or confidential data relating to this chapter or Chapter 2001, Occupations Code; or
(B) has or will have as the employee's or prospective employee's primary role the administration of this chapter or Chapter 2001, Occupations Code [commission].
(5) On page 55, line 14, strike "inquiry-only security".
(6) On page 55, line 24, strike "may" and substitute "shall".
(7) On page 56, line 30, immediately following the period, insert "A license placed on administrative hold before the effective date of this Act may continue on hold for a period not to exceed 10 years from the effective date of this Act as determined by the Texas Commission of Licensing and Regulation."
(8) On page 57, line 16, strike "Not later than March 1, 2026" and substitute "As soon as practicable after the effective date of this Act".
(9) On page 58, line 1, strike "January 1, 2027" and substitute "December 1, 2026".
(10) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 2001.407, Occupations Code, is amended by amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3), and (c-4) to read as follows:
(c) Except as provided by Subsection (c-1), a [A] licensed distributor may not receive by purchase or otherwise bingo equipment or supplies from a person other than a licensed manufacturer or another licensed distributor.
(c-1) A licensed distributor may receive bingo equipment or supplies from a licensed authorized organization if:
(1) the distributor delivered the equipment or supplies to the organization; and
(2) the equipment or supplies were:
(A) defective;
(B) not ordered by the organization; or
(C) delivered in a quantity that exceeds the quantity the organization ordered.
(c-2) A licensed authorized organization that returns bingo equipment or supplies to the licensed distributor as provided by Subsection (c-1) shall:
(1) maintain a record specifying for each returned equipment or supply:
(A) a reason for the return from the reasons listed in Subsection (c-1)(2); and
(B) the quantity returned; and
(2) provide a copy of the record to the distributor.
(c-3) A licensed distributor that receives returned equipment or supplies from a licensed authorized organization as provided by Subsection (c-1) shall:
(1) maintain a record showing receipt of the returned equipment or supplies; and
(2) provide a copy of the record to the organization.
(c-4) A licensed authorized organization may transfer a card-minding device from the premises of the organization to the premises of another licensed authorized organization if each licensed authorized organization agrees to the transfer.
SECTION ____. Sections 2001.451(h) and (j), Occupations Code, are amended to read as follows:
(h) Except as provided by Subsection (j), a licensed authorized organization or a unit of licensed authorized organizations may retain operating capital in the organization's or unit's bingo account in an amount that:
(1) is equal to the organization's or unit's actual average bingo expenses per quarter based on the preceding license period, excluding prizes paid; and
(2) does not exceed a total of $100,000 [$50,000] for a single organization or $100,000 [$50,000] for each member of a unit unless:
(A) the commission by rule establishes a higher amount for all organizations or units or one or more classes of organizations or units; or
(B) the bingo operations director, on request, raises the operating capital limit for one organization or unit as necessary to facilitate the operation of the organization or unit.
(j) The commission shall adopt rules allowing a licensed authorized organization to retain a maximum amount of operating capital in the bingo account in excess of the amount provided by Subsection (h) if the organization:
(1) has conducted bingo for less than one year;
(2) has been closed for at least six months;
(3) experiences circumstances beyond the control of the organization, including force majeure, that necessitate an increase in operating capital; or
(4) [(3)] provides to the commission a credible business plan for the conduct of bingo or for the organization's existing or planned charitable purposes that an increase in operating capital will reasonably further.