Bill Text: TX HB2197 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas Lottery Commission; providing penalties; imposing and changing fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2197 Detail]
Download: Texas-2013-HB2197-Introduced.html
Bill Title: Relating to the continuation and functions of the Texas Lottery Commission; providing penalties; imposing and changing fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2197 Detail]
Download: Texas-2013-HB2197-Introduced.html
83R2968 DDT-D | ||
By: Anchia | H.B. No. 2197 |
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relating to the continuation and functions of the Texas Lottery | ||
Commission; providing penalties; imposing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 466.014, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A contract between the division and a lottery operator | ||
under Subsection (b) must contain a provision allowing the contract | ||
to be terminated without penalty if the division is abolished. | ||
SECTION 2. Subchapter B, Chapter 466, Government Code, is | ||
amended by adding Section 466.028 to read as follows: | ||
Sec. 466.028. COMPREHENSIVE BUSINESS PLAN. (a) The | ||
commission shall develop a comprehensive business plan to guide the | ||
commission's major initiatives. The plan must at a minimum | ||
include: | ||
(1) specific goals for the agency; and | ||
(2) an evaluation of: | ||
(A) the agency's overall performance; | ||
(B) the effectiveness of specific programs and | ||
initiatives; | ||
(C) the ongoing efficiency of agency operations; | ||
(D) the amount of lottery revenue that is | ||
generated for state purposes other than the payment of prizes; and | ||
(E) the factors affecting the amount of lottery | ||
revenue received and disbursed, including ticket sales and | ||
administrative efficiency. | ||
(b) The commission as frequently as the commission | ||
determines appropriate shall review the comprehensive business | ||
plan and at least annually hold a public meeting to discuss the plan | ||
or updates to the plan. | ||
SECTION 3. Subchapter C, Chapter 466, Government Code, is | ||
amended by adding Section 466.1005 to read as follows: | ||
Sec. 466.1005. PROCUREMENTS. (a) The commission may | ||
purchase or lease facilities, goods, and services and make any | ||
purchases, leases, or contracts necessary for carrying out the | ||
purposes of this chapter. | ||
(b) The commission shall review and must approve all major | ||
procurements as provided by commission rule. The commission by | ||
rule shall establish a procedure to determine what constitutes a | ||
major procurement based on the cumulative value of a contract and | ||
other relevant factors. This subsection does not require a | ||
commission member to sign the contract. | ||
(c) The commission may delegate to the executive director | ||
the authority to approve procurements other than major | ||
procurements. | ||
SECTION 4. Sections 466.101(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The commission and executive director may establish | ||
procedures for the purchase or lease of facilities, goods, and | ||
services and make any purchases, leases, or contracts that are | ||
necessary for carrying out the purposes of this chapter. The | ||
procedures must, as determined feasible and appropriate by the | ||
commission and executive director, promote competition to the | ||
maximum extent possible. | ||
(b) In all procurement decisions, the commission and | ||
executive director shall take into account the particularly | ||
sensitive nature of the lottery and shall act to promote and ensure | ||
integrity, security, honesty, and fairness in the operation and | ||
administration of the lottery and the objective of producing | ||
revenues for the state treasury. | ||
SECTION 5. Section 466.155, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A hearing under this section must be conducted by the | ||
State Office of Administrative Hearings and is subject to Section | ||
2001.058(e). | ||
SECTION 6. Sections 466.160(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The commission may summarily suspend a sales agent's | ||
license if proceedings for a preliminary hearing before the State | ||
Office of Administrative Hearings [ |
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suspension. The preliminary hearing shall be set for a date not | ||
later than 10 days after the date of the summary suspension, unless | ||
the parties agree to a later date. | ||
(c) At the preliminary hearing, the sales agent must show | ||
cause why the license should not remain suspended pending a final | ||
hearing on suspension or revocation. [ |
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other license suspension or revocation under this chapter govern a | ||
final administrative hearing under this subsection. A hearing | ||
under this section is subject to Section 2001.058(e). | ||
SECTION 7. Section 467.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is | ||
subject to Chapter 325 (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the commission is abolished | ||
and this chapter, Chapter 466 of this code, and Chapter 2001, | ||
Occupations Code, expire September 1, 2025 [ |
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SECTION 8. Sections 467.021(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The commission is composed of five [ |
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appointed by the governor with the advice and consent of the senate. | ||
(b) Appointments [ |
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shall be made without [ |
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regard to the [ |
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religion, age, or national origin of the appointees [ |
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SECTION 9. Section 467.022, Government Code, is amended to | ||
read as follows: | ||
Sec. 467.022. TERM OF OFFICE. Members hold office for | ||
staggered terms of six years, with the terms of either one or two | ||
members [ |
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year. | ||
SECTION 10. Section 467.024, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) An individual is not eligible to be an appointed member | ||
of the commission if the individual: | ||
(1) is registered, certified, or licensed by a | ||
regulatory agency in the field of bingo or lottery; | ||
(2) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization regulated by the commission or receiving funds from | ||
the commission; | ||
(3) [ |
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management of a business entity or other organization regulated by | ||
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(4) [ |
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tangible goods, services, or funds from the commission, other than | ||
compensation or reimbursement authorized by law for commission | ||
membership, attendance, or expenses; | ||
(5) [ |
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of a Texas trade association in the field of bingo or lottery; | ||
(6) [ |
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Chapter 305 because of the person's activities for compensation on | ||
behalf of a profession related to the operation of the commission; | ||
(7) [ |
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Subdivisions (2)-(6) [ |
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(8) [ |
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crime involving moral turpitude; or | ||
(9) [ |
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(c) A person may not be a commission employee employed in a | ||
"bona fide executive, administrative, or professional capacity," | ||
as that phrase is used for purposes of establishing an exemption to | ||
the overtime provisions of the federal Fair Labor Standards Act of | ||
1938 (29 U.S.C. Section 201 et seq.), if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association in the field of bingo or | ||
lottery; or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association in the field of bingo or | ||
lottery. | ||
(d) A person may not act as the general counsel to the | ||
commission if the person is required to register as a lobbyist under | ||
Chapter 305 because of the person's activities for compensation on | ||
behalf of a profession related to the operation of the commission. | ||
SECTION 11. Subchapter B, Chapter 467, Government Code, is | ||
amended by adding Section 467.0255 to read as follows: | ||
Sec. 467.0255. TRAINING. (a) A person who is appointed to | ||
and qualifies for office as a member of the commission may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the commission until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the legislation that created the commission; | ||
(2) the programs, functions, rules, and budget of the | ||
commission; | ||
(3) the results of the most recent formal audit of the | ||
commission; | ||
(4) the requirements of laws relating to open | ||
meetings, public information, administrative procedure, and | ||
conflicts of interest; and | ||
(5) any applicable ethics policies adopted by the | ||
commission or the Texas Ethics Commission. | ||
(c) A person appointed to the commission is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after the person qualifies for office. | ||
SECTION 12. Sections 467.026(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) It is a ground for removal from the [ |
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(1) does not have at the time of taking office | ||
[ |
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467.024 [ |
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(2) does not maintain during service on the commission | ||
the qualifications required by Sections 467.023 and 467.024 [ |
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(3) is ineligible for membership under [ |
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(4) cannot discharge the member's duties for a | ||
substantial part of the member's term [ |
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(5) is absent from more than half of the regularly | ||
scheduled commission meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved [ |
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(c) If the executive director [ |
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knowledge that a potential ground for removal exists, the executive | ||
director [ |
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the commission of the potential ground. The presiding officer | ||
shall then notify the governor and the attorney general that a | ||
potential ground for removal exists. If the potential ground for | ||
removal involves the presiding officer, the executive director | ||
shall notify the next highest ranking officer of the commission, | ||
who shall then notify the governor and the attorney general that a | ||
potential ground for removal exists. | ||
SECTION 13. Subchapter B, Chapter 467, Government Code, is | ||
amended by adding Section 467.037 to read as follows: | ||
Sec. 467.037. DIVISION OF RESPONSIBILITIES. The commission | ||
shall develop and implement policies that clearly separate the | ||
policymaking responsibilities of the commission and the management | ||
responsibilities of the executive director and the staff of the | ||
commission. | ||
SECTION 14. Subchapter C, Chapter 467, Government Code, is | ||
amended by adding Sections 467.109, 467.110, and 467.111 to read as | ||
follows: | ||
Sec. 467.109. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION POLICY. (a) The commission shall develop and | ||
implement a policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008 for the adoption of commission rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009 to assist in the resolution of | ||
internal and external disputes under the commission's | ||
jurisdiction. | ||
(b) The commission's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The commission shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
Sec. 467.110. PUBLIC PARTICIPATION. The commission shall | ||
develop and implement policies that provide the public with a | ||
reasonable opportunity to appear before the commission and to speak | ||
on any issue under the jurisdiction of the commission. | ||
Sec. 467.111. COMPLAINTS. (a) The commission shall | ||
maintain a system to promptly and efficiently act on each complaint | ||
filed with the commission. The commission shall maintain | ||
information about parties to the complaint, the subject matter of | ||
the complaint, a summary of the results of the review or | ||
investigation of the complaint, and its disposition. | ||
(b) The commission shall make information available to the | ||
public describing the commission's procedures for complaint | ||
investigation and resolution. | ||
(c) The commission shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition. | ||
(d) The commission by rule shall adopt and publish | ||
procedures governing the entire complaint process from submission | ||
to disposition. | ||
(e) The commission shall analyze the complaints filed with | ||
the commission to identify any trends or issues related to | ||
violations of state laws under the commission's jurisdiction. The | ||
analysis must: | ||
(1) categorize complaints based on the type of | ||
violation alleged; | ||
(2) track each complaint from submission to | ||
disposition; | ||
(3) evaluate the effectiveness of the commission's | ||
enforcement process; and | ||
(4) include any additional information the commission | ||
considers necessary. | ||
(f) The commission shall prepare a report on the trends and | ||
issues identified under Subsection (e) and make the report | ||
available to the public. The commission shall address the | ||
identified trends and issues, including trends and issues related | ||
to the regulation of lottery operations under Chapter 466 and of | ||
bingo under Chapter 2001, Occupations Code. | ||
SECTION 15. Subchapter B, Chapter 2001, Occupations Code, | ||
is amended by adding Section 2001.0541 to read as follows: | ||
Sec. 2001.0541. RULES ON CONSEQUENCES OF CRIMINAL | ||
CONVICTION. The commission shall adopt rules and guidelines as | ||
necessary to comply with Chapter 53 when using criminal history | ||
record information under this chapter to issue or renew a bingo | ||
license or to list or renew the listing of an individual in the | ||
registry of approved bingo workers. | ||
SECTION 16. Subchapter B, Chapter 2001, Occupations Code, | ||
is amended by adding Section 2001.061 to read as follows: | ||
Sec. 2001.061. LICENSE RENEWAL PROCESS. The commission | ||
shall adopt rules governing each part of the license renewal | ||
process for all licenses issued under this chapter, from | ||
application submission to completion of the renewal process. The | ||
process must require a license holder renewing a license to submit | ||
to the commission the information required in the initial license | ||
application. | ||
SECTION 17. Section 2001.104(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) An applicant shall pay the fees established under | ||
Subsection (a) annually. An applicant for a license or renewal of a | ||
license may obtain a license that is effective for two years by | ||
paying an amount equal to two times the amount of the annual license | ||
fee[ |
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SECTION 18. Sections 2001.105(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) The commission shall issue or renew a license to conduct | ||
bingo on payment of the license fee provided by Section 2001.104 if | ||
the commission determines that: | ||
(1) the member or members of the applicant designated | ||
in the application to conduct bingo are active members of the | ||
applicant; | ||
(2) the bingo is to be conducted in accordance with | ||
this chapter; | ||
(3) the proceeds of the bingo are to be disposed in | ||
accordance with this chapter; | ||
(4) the applicant has made and can demonstrate | ||
significant progress toward the accomplishment of the purposes of | ||
the organization during the 12 months preceding the date of | ||
application for a license or license renewal; | ||
(5) all persons who will conduct, promote, or | ||
administer the proposed bingo are active members of the applicant | ||
organization and all other persons who will assist in conducting, | ||
promoting, or administering the proposed bingo games are persons | ||
authorized to do so by Section 2001.411; and | ||
(6) no person under whose name bingo will be conducted | ||
and no person working at the proposed bingo has been convicted of [ |
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(b) The commission may not issue a license to an authorized | ||
organization to conduct bingo if an officer or member of the board | ||
of directors of the organization has been convicted of [ |
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criminal fraud or[ |
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SECTION 19. Section 2001.154(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission may not issue a commercial lessor license | ||
to or renew a commercial lessor license of: | ||
(1) a person convicted of [ |
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or[ |
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(2) a public officer who receives any consideration, | ||
direct or indirect, as owner or lessor of premises offered for | ||
conducting bingo; | ||
(3) a person who extends credit to, loans money to, or | ||
pays or provides for the payment of license fees for an authorized | ||
organization; | ||
(4) a distributor or manufacturer; | ||
(5) a person in which a person covered by Subdivision | ||
(1), (2), (3), or (4) or a person married or related in the first | ||
degree by consanguinity or affinity, as determined under Chapter | ||
573, Government Code, to one of those persons has greater than a 10 | ||
percent proprietary, equitable, or credit interest or in which one | ||
of those persons is active or employed; | ||
(6) a foreign corporation or other foreign legal | ||
entity; | ||
(7) an individual who is not a resident of this state; | ||
(8) a corporation or other legal entity owned or | ||
controlled by: | ||
(A) a foreign corporation; or | ||
(B) an individual who is not a resident of this | ||
state; or | ||
(9) a corporation or other legal entity: | ||
(A) whose shares are publicly traded; or | ||
(B) owned or controlled by a corporation whose | ||
shares are publicly traded. | ||
SECTION 20. Section 2001.158(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) An applicant for a commercial lessor license shall pay | ||
the fees established under Subsection (a) annually. An applicant | ||
for a license or renewal of a license may obtain a license that is | ||
effective for two years by paying an amount equal to two times the | ||
amount of the annual license fee[ |
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SECTION 21. Section 2001.202, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2001.202. ELIGIBILITY FOR MANUFACTURER'S LICENSE. The | ||
following persons are not eligible for a manufacturer's license: | ||
(1) a person convicted of [ |
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or[ |
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(2) a person who is or has been a professional gambler | ||
or gambling promoter; | ||
(3) an elected or appointed public officer or a public | ||
employee; | ||
(4) an owner, officer, director, shareholder, agent, | ||
or employee of a licensed commercial lessor; | ||
(5) a person who conducts, promotes, or administers, | ||
or assists in conducting, promoting, or administering, bingo for | ||
which a license is required by this chapter; | ||
(6) a distributor required to be licensed under this | ||
chapter; | ||
(7) a person who has had a license to manufacture, | ||
distribute, or supply bingo equipment or supplies revoked within | ||
the preceding year by another state; | ||
(8) an owner, officer, director, or shareholder of, or | ||
a person holding an equitable or credit interest in, another | ||
manufacturer or distributor licensed or required to be licensed | ||
under this chapter; or | ||
(9) a person: | ||
(A) in which a person described by Subdivision | ||
(1), (2), (3), (4), (5), (6), (7), or (8) or in which a person | ||
married or related in the first degree by consanguinity or affinity | ||
to one of those persons has greater than a 10 percent proprietary, | ||
equitable, or credit interest or in which one of those persons is | ||
active or employed; or | ||
(B) in whose application for a manufacturer's | ||
license a person described by Subdivision (1), (2), (3), (4), (5), | ||
(6), (7), or (8) is required to be named. | ||
SECTION 22. Section 2001.203(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The application must include: | ||
(1) the name and address of the applicant and the name | ||
and address of each of its locations where bingo supplies or | ||
equipment are manufactured; | ||
(2) a full description of each type of bingo supply or | ||
equipment that the applicant intends to manufacture or market in | ||
this state and the brand name, if any, under which each item will be | ||
sold; | ||
(3) if the applicant: | ||
(A) is not a corporation, the name and home | ||
address of each owner; or | ||
(B) is a corporation, the name and home address | ||
of each officer and director and each person owning more than 10 | ||
percent of a class of stock in the corporation; | ||
(4) if the applicant is a foreign corporation or other | ||
foreign legal entity, the name, business name and address, and | ||
address of its registered agent for service in this state; | ||
(5) the name and address of each manufacturer, | ||
supplier, and distributor in which the applicant has a financial | ||
interest and the details of that financial interest, including any | ||
indebtedness between the applicant and the manufacturer, supplier, | ||
or distributor of $5,000 or more; | ||
(6) information regarding whether the applicant or a | ||
person required to be named in the application has been convicted in | ||
this state or another state of [ |
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gambling or gambling-related offense[ |
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(7) information regarding whether the applicant or a | ||
person required to be named in the application is an owner, officer, | ||
director, shareholder, agent, or employee of a licensed commercial | ||
lessor or conducts, promotes, administers, or assists in | ||
conducting, promoting, or administering bingo for which a license | ||
is required by this chapter; | ||
(8) information regarding whether the applicant or a | ||
person required to be named in the application is a public officer | ||
or public employee in this state; | ||
(9) the name of each state in which the applicant is or | ||
has been licensed to manufacture, distribute, or supply bingo | ||
equipment or supplies, each license number, the period of time | ||
licensed under each license, and whether a license has been | ||
revoked, suspended, withdrawn, canceled, or surrendered and, if so, | ||
the reasons for the action taken; | ||
(10) information regarding whether the applicant or a | ||
person required to be named in the application is or has been a | ||
professional gambler or gambling promoter; | ||
(11) the names and addresses of each manufacturer, | ||
supplier, or distributor of bingo equipment or supplies in which | ||
the applicant or a person required to be named in the application is | ||
an owner, officer, shareholder, director, agent, or employee; and | ||
(12) any other information the commission requests. | ||
SECTION 23. Section 2001.205(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission by rule shall set the annual | ||
manufacturer's license fee in an amount reasonable to defray | ||
administrative costs [ |
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SECTION 24. Section 2001.207, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2001.207. ELIGIBILITY FOR DISTRIBUTOR'S LICENSE. The | ||
following persons are not eligible for a distributor's license: | ||
(1) a person convicted of [ |
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or[ |
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(2) a person who is or has been a professional gambler | ||
or gambling promoter; | ||
(3) an elected or appointed public officer or a public | ||
employee; | ||
(4) an owner, officer, director, shareholder, agent, | ||
or employee of a licensed commercial lessor; | ||
(5) a person who conducts, promotes, or administers, | ||
or assists in conducting, promoting, or administering bingo for | ||
which a license is required by this chapter; | ||
(6) a manufacturer required to be licensed under this | ||
chapter; | ||
(7) a person who has had a license to manufacture, | ||
distribute, or supply bingo equipment or supplies revoked within | ||
the preceding year by another state; | ||
(8) an owner, officer, director, or shareholder of, or | ||
a person having an equitable or credit interest in, another | ||
manufacturer or distributor licensed or required to be licensed | ||
under this chapter; or | ||
(9) a person: | ||
(A) in which a person described by Subdivision | ||
(1), (2), (3), (4), (5), (6), (7), or (8) or in which a person | ||
married or related in the first degree by consanguinity or | ||
affinity, as determined under Subchapter B, Chapter 573, Government | ||
Code, to one of those persons has greater than a 10 percent | ||
proprietary, equitable, or credit interest or in which one of those | ||
persons is active or employed; or | ||
(B) in whose application a person described by | ||
Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) is required to | ||
be named. | ||
SECTION 25. Section 2001.208(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The application must include: | ||
(1) the full name and address of the applicant; | ||
(2) the name and address of each location operated by | ||
the distributor from which bingo supplies or equipment are | ||
distributed or at which bingo supplies or equipment are stored; | ||
(3) if a noncorporate distributor, the name and home | ||
address of each owner; | ||
(4) if a corporate distributor, the name and home | ||
address of each officer or director and of each person owning more | ||
than 10 percent of a class of stock in the corporation; | ||
(5) if a foreign corporation or other foreign legal | ||
entity, the name, business name and address, and address of its | ||
registered agent for service in this state; | ||
(6) a full description of the type of bingo supply or | ||
equipment that the applicant intends to store or distribute in this | ||
state and the name of the manufacturer of each item and the brand | ||
name, if any, under which the item will be sold or marketed; | ||
(7) the name and address of a manufacturer, supplier, | ||
or distributor in which the applicant has a financial interest and | ||
the details of that financial interest, including an indebtedness | ||
between the applicant and the manufacturer, supplier, or | ||
distributor of $5,000 or more; | ||
(8) information regarding whether the applicant or a | ||
person required to be named in the application has been convicted in | ||
this state or another state of [ |
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gambling or gambling-related offense[ |
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(9) information regarding whether the applicant or a | ||
person required to be named in the application is an owner, officer, | ||
director, shareholder, agent, or employee of a licensed commercial | ||
lessor or conducts, promotes, administers, or assists in | ||
conducting, promoting, or administering bingo for which a license | ||
is required under this chapter; | ||
(10) information regarding whether the applicant or a | ||
person required to be named in the application is a public officer | ||
or public employee in this state; | ||
(11) the name of each state in which the applicant is | ||
or has been licensed to manufacture, distribute, or supply bingo | ||
equipment or supplies, each license number, the period of time | ||
licensed under each license, and whether a license was revoked, | ||
suspended, withdrawn, canceled, or surrendered and, if so, the | ||
reasons for the action taken; | ||
(12) information regarding whether the applicant or a | ||
person required to be named in the application is or has been a | ||
professional gambler or gambling promoter; | ||
(13) the name and address of each manufacturer, | ||
supplier, or distributor of bingo equipment or supplies in which | ||
the applicant or a person required to be named in the application is | ||
an owner, officer, shareholder, director, agent, or employee; and | ||
(14) any other information the commission requests. | ||
SECTION 26. Section 2001.209(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission by rule shall set the annual | ||
distributor's license fee in an amount reasonable to defray | ||
administrative costs [ |
||
SECTION 27. Section 2001.214(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A manufacturer or distributor may obtain a license that | ||
is effective for two years by paying an amount equal to two times | ||
the amount of the annual license fee [ |
||
SECTION 28. Section 2001.306, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A license issued under this chapter may be amended on | ||
application to the commission and on payment of a [ |
||
amount required by the commission if the subject matter of the | ||
proposed amendment could properly have been included in the | ||
original license. | ||
(a-1) The commission by rule shall establish an amendment | ||
fee schedule. The amount of a fee charged by the commission may | ||
vary based on the complexity of the proposed license amendment. | ||
SECTION 29. Section 2001.313, Occupations Code, is amended | ||
by adding Subsection (b-2) to read as follows: | ||
(b-2) The commission by rule may impose a fee for an initial | ||
registration application and renewal application submitted under | ||
this section. The commission shall set the fee in an amount | ||
sufficient to cover the application processing costs, including a | ||
criminal history background check, identification card, and other | ||
administrative costs the commission considers appropriate. | ||
SECTION 30. Section 2001.352, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) A hearing under this section must be conducted by the | ||
State Office of Administrative Hearings and is subject to Section | ||
2001.058(e), Government Code. | ||
SECTION 31. Section 2001.353, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2001.353. DISCIPLINE [ |
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LICENSE AND REGISTRATION HOLDERS. (a) After a hearing, the | ||
commission may suspend, [ |
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registration issued under this chapter for: | ||
(1) failure to comply with this chapter or a | ||
commission rule; or | ||
(2) a reason that would allow or require the | ||
commission to refuse to issue or renew a license or registration of | ||
the same class. | ||
(b) The commission may place on probation a person whose | ||
license or registration is suspended. If a license or registration | ||
suspension is probated, the commission may require the person: | ||
(1) to report regularly to the commission on the | ||
matters that are the basis of the probation; | ||
(2) to limit the person's activities under the license | ||
or registration in the manner prescribed by the commission; or | ||
(3) to take any other reasonable action prescribed by | ||
the commission to address the matters that are the basis of the | ||
probation. | ||
(c) If the person fails to comply with the conditions of | ||
probation, the commission may suspend or revoke the person's | ||
license or registration. | ||
(d) The commission by rule shall: | ||
(1) adopt written guidelines to ensure that probation | ||
is administered consistently; and | ||
(2) develop a system to track compliance with | ||
probation requirements. | ||
SECTION 32. Section 2001.354, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) A hearing under this section must be conducted by the | ||
State Office of Administrative Hearings and is subject to Section | ||
2001.058(e), Government Code. | ||
SECTION 33. Section 2001.355, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) Before temporarily suspending a license, the director | ||
of bingo operations must follow any prehearing rules adopted by the | ||
commission to determine if the license holder's continued operation | ||
may constitute: | ||
(1) an immediate threat to the health, safety, morals, | ||
or welfare of the public; or | ||
(2) a financial loss to this state, which includes a | ||
license holder's failure to remit taxes under Section 2001.501 or | ||
prize fee payments under Section 2001.502 to the commission as | ||
required by those sections. | ||
(d) The commission shall adopt rules to govern the temporary | ||
suspension of a license under this section. | ||
SECTION 34. Subchapter H, Chapter 2001, Occupations Code, | ||
is amended by adding Section 2001.358 to read as follows: | ||
Sec. 2001.358. SCHEDULE OF SANCTIONS. (a) The commission | ||
by rule shall adopt a schedule of sanctions that defines and | ||
summarizes violations of this chapter or commission rules adopted | ||
under this chapter to ensure that the sanctions imposed are | ||
appropriate to the violation. | ||
(b) The schedule must: | ||
(1) allow deviations from the schedule for mitigating | ||
circumstances clearly established by the commission; | ||
(2) include a list of the most common violations and | ||
the sanctions assessed for those violations, including revocation, | ||
suspension, and denial of license or registration renewal; and | ||
(3) establish the sanctions in accordance with the | ||
seriousness or frequency of each type of violation. | ||
SECTION 35. Sections 2001.437(d) and (g), Occupations Code, | ||
are amended to read as follows: | ||
(d) An applicant for a unit manager license must file with | ||
the commission a written application on a form prescribed by the | ||
commission that includes: | ||
(1) the name and address of the applicant; | ||
(2) information regarding whether the applicant, or | ||
any officer, director, or employee of the applicant, has been | ||
convicted of [ |
||
gambling-related offense[ |
||
(3) any other information required by commission rule. | ||
(g) A person is not eligible for a unit manager license | ||
under this subchapter if the person, or any officer, director, or | ||
employee of the person: | ||
(1) has been convicted of [ |
||
or [ |
||
|
||
|
||
|
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(2) is an owner, officer, or director of a licensed | ||
commercial lessor, is employed by a licensed commercial lessor, or | ||
is related to a licensed commercial lessor within the second degree | ||
by consanguinity or affinity, unless the holder of the license is a | ||
licensed authorized organization or an association of licensed | ||
authorized organizations; or | ||
(3) holds or is listed on another license under this | ||
chapter, unless the holder of the license is a licensed authorized | ||
organization or an association of licensed authorized | ||
organizations. | ||
SECTION 36. Section 2001.557, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2001.557. INSPECTION OF PREMISES. (a) The | ||
commission, its officers or agents, or a state, municipal, or | ||
county peace officer may enter and inspect the contents of premises | ||
where: | ||
(1) bingo is being conducted or intended to be | ||
conducted; or | ||
(2) equipment used or intended for use in bingo is | ||
found. | ||
(b) The commission by rule shall develop and implement | ||
policies and procedures to: | ||
(1) prioritize the inspection of premises where bingo | ||
is being conducted or is intended to be conducted in accordance with | ||
the risk factors the commission considers important, including: | ||
(A) the amount of money derived from the conduct | ||
of bingo at the premises; | ||
(B) the compliance history of the premises; and | ||
(C) the amount of time that has elapsed since the | ||
date of the immediately preceding commission inspection of the | ||
premises; and | ||
(2) inspect premises where bingo is being conducted or | ||
is intended to be conducted in accordance with the priorities | ||
established under Subdivision (1). | ||
SECTION 37. Section 2001.560, Occupations Code, is amended | ||
by adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) The commission by rule shall develop a policy for | ||
auditing license holders. The bingo division shall use audit risk | ||
analysis procedures established by the commission to: | ||
(1) annually identify which license holders are most | ||
at risk of violating this chapter or rules adopted under this | ||
chapter; and | ||
(2) develop a plan for auditing the identified license | ||
holders that includes: | ||
(A) a schedule for the audits of the identified | ||
license holders; | ||
(B) procedures to annually update the plan based | ||
on successive risk analyses; and | ||
(C) a completion date for each audit that is not | ||
later than the fifth anniversary of the date the license holder was | ||
identified as a candidate for audit. | ||
(c-2) The bingo division shall provide to the commission a | ||
copy of the auditing plan developed under Subsection (c-1). | ||
SECTION 38. Section 2001.605, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) A hearing under this section must be conducted by the | ||
State Office of Administrative Hearings and is subject to Section | ||
2001.058(e), Government Code. | ||
SECTION 39. The following provisions are repealed: | ||
(1) Sections 466.003 and 466.025, Government Code; and | ||
(2) Section 2001.002(8-a), Occupations Code. | ||
SECTION 40. (a) Not later than January 1, 2014, the Texas | ||
Lottery Commission shall adopt all rules, policies, and procedures | ||
required by the changes in law made by this Act. | ||
(b) Not later than September 1, 2014, the Texas Lottery | ||
Commission shall adopt the comprehensive business plan required by | ||
Section 466.028, Government Code, as added by this Act. | ||
SECTION 41. (a) The changes in law made by this Act in the | ||
prohibitions or qualifications applying to a member of the Texas | ||
Lottery Commission do not affect the entitlement of a member | ||
serving on the Texas Lottery Commission immediately before | ||
September 1, 2013, to continue to serve and function as a member of | ||
the Texas Lottery Commission for the remainder of the member's | ||
term. Those changes in law apply only to a member appointed on or | ||
after September 1, 2013. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the governor shall appoint two additional members to the Texas | ||
Lottery Commission. In appointing those members, the governor | ||
shall appoint one person to a term expiring February 1, 2017, and | ||
one to a term expiring February 1, 2019. | ||
(c) The change in law made by this Act to Chapter 467, | ||
Government Code, relating to the investigation of a complaint | ||
applies only to a complaint filed with the Texas Lottery Commission | ||
on or after September 1, 2013. A complaint filed with the | ||
commission or a division of the commission before September 1, | ||
2013, is governed by the law as it existed immediately before that | ||
date, and the former law is continued in effect for that purpose. | ||
(d) The change in law made by this Act requiring the Texas | ||
Lottery Commission to approve a procurement applies only to a | ||
procurement or a contract for a procurement made on or after the | ||
effective date of this Act. A procurement or procurement contract | ||
made before the effective date of this Act is governed by the law in | ||
effect when the procurement or contract was made, and the former law | ||
is continued in effect for that purpose. | ||
(e) The changes in law made by this Act governing | ||
eligibility of a person for a license apply only to the issuance or | ||
renewal of a license by the Texas Lottery Commission under Chapter | ||
466, Government Code, as amended by this Act, or Chapter 2001, | ||
Occupations Code, as amended by this Act, on or after the effective | ||
date of this Act. A license issued by the Texas Lottery Commission | ||
under either of those laws before the effective date of this Act is | ||
governed by the applicable licensing requirements in effect when | ||
the license was last issued or renewed until the license expires or | ||
is renewed as provided by Chapter 466, Government Code, as amended | ||
by this Act, or Chapter 2001, Occupations Code, as amended by this | ||
Act. | ||
SECTION 42. This Act takes effect September 1, 2013. |