Bill Text: TX HB914 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of bingo games.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-14 - See remarks for effective date [HB914 Detail]
Download: Texas-2019-HB914-Engrossed.html
Bill Title: Relating to the regulation of bingo games.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-14 - See remarks for effective date [HB914 Detail]
Download: Texas-2019-HB914-Engrossed.html
By: Thompson of Harris, et al. | H.B. No. 914 |
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relating to the regulation of bingo games. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 2001.305(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) Immediately after issuing [ |
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commission [ |
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the appropriate governing body. The governing body shall file the | ||
copy of the license in a central file containing licenses issued | ||
under this chapter. | ||
(c) Not later than the 10th day after the date a license is | ||
issued, the commission [ |
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of the issuance of the license to: | ||
(1) the police department of the municipality in which | ||
bingo will be conducted, if bingo is to be conducted in a | ||
municipality; or | ||
(2) the sheriff of the county in which bingo will be | ||
conducted, if bingo is to be conducted outside a municipality. | ||
SECTION 2. Section 2001.313(h), Occupations Code, is | ||
amended to read as follows: | ||
(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 30 [ |
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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 3. Section 2001.419, Occupations Code, is amended | ||
by amending Subsections (c), (d), and (e) and adding Subsections | ||
(c-1) and (f) to read as follows: | ||
(c) Except as provided by Subsection (c-1), no [ |
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than two bingo occasions may be conducted at the same premises | ||
during one day except that a third bingo occasion may be conducted | ||
under a temporary license held by a licensed authorized | ||
organization at that premises. | ||
(c-1) In addition to the bingo occasions authorized at the | ||
same premises during one day under Subsection (c), on not more than | ||
three days of a calendar week, one or two additional bingo occasions | ||
may be held at the same premises at which bingo occasions are | ||
conducted under that subsection under the annual license of one or | ||
more licensed authorized organizations. | ||
(d) If more than one bingo occasion is conducted at the same | ||
premises on the same day: | ||
(1) the bingo occasions must be announced separately; | ||
(2) the licensed times may not overlap; and | ||
(3) notwithstanding Subsection (e), bingo cards may be | ||
sold during a bingo occasion for play during a subsequent bingo | ||
occasion that is scheduled to begin at the same premises in not more | ||
than eight hours after the sale of cards for the subsequent occasion | ||
begins. | ||
(e) Bingo cards, pull-tab bingo tickets, and the use of | ||
card-minding devices [ |
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licensed premises at any time beginning one hour before the bingo | ||
occasion and ending at the conclusion of the bingo occasion | ||
[ |
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(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 4. Section 2001.451(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 2001.502(a), a [ |
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licensed authorized organization shall deposit in the bingo account | ||
all funds derived from the conduct of bingo, less the amount awarded | ||
as cash prizes under Sections 2001.420(a) and (b). Except as | ||
provided by Subsection (b-1), a deposit must be made not later than | ||
the third [ |
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on which the receipts were obtained. | ||
SECTION 5. Section 2001.502, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2001.502. PRIZE FEE. (a) A licensed authorized | ||
organization or unit as defined by Section 2001.431 shall[ |
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[ |
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of more than $5 a fee in the amount of five percent of the amount [ |
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organization or unit shall remit 50 percent of the amount collected | ||
as the prize fee to the commission and: | ||
(1) if a county or municipality in which the bingo game | ||
is conducted voted before November 1, 2019, to impose the prize fee, | ||
remit 50[ |
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[ |
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(A) the county in which the bingo game is | ||
conducted, if the county voted to impose the fee by that date and | ||
the location at which bingo is conducted is not within the | ||
boundaries of a municipality; | ||
(B) the municipality in which the bingo game is | ||
conducted, if the municipality voted to impose the fee by that date | ||
and the county in which the bingo game is conducted did not vote to | ||
impose the fee by that date; or | ||
(C) in equal shares, the county and the | ||
municipality in which the bingo game is conducted, if the county and | ||
municipality each voted to impose the fee before that date; or | ||
(2) if a county or municipality is not entitled to a | ||
percentage of the amount of fees collected under Subdivision (1), | ||
deposit 50 percent of the amount collected as the prize fee in the | ||
general charitable fund of the organization or on a pro rata basis | ||
to the general funds of the organizations comprising the unit, as | ||
applicable, to be used for the charitable purposes of the | ||
organization or organizations [ |
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(b) The governing body of a county or municipality that | ||
voted to impose a prize fee under Subsection (a) may at any time | ||
vote to discontinue the imposition of the fee. If a county or | ||
municipality votes after November 1, 2019, to discontinue the fee, | ||
the fees shall be collected by the licensed authorized organization | ||
or unit as defined by Section 2001.431 and deposited as provided by | ||
Subsection (a)(2). | ||
(c) A fee collected under Subsection (a) does not apply to: | ||
(1) a merchandise prize awarded as a prize for winning | ||
a bingo game, including a bingo card, a pull-tab bingo ticket, a | ||
bingo dauber, or other bingo merchandise; or | ||
(2) the use of a card-minding device awarded as a prize | ||
for winning a bingo game. | ||
SECTION 6. Section 2001.504(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A fee on prizes authorized or imposed under this | ||
subchapter is due and is payable by the license holder or a person | ||
conducting bingo without a license to the commission and county or | ||
municipality, as applicable, quarterly on or before the 25th day of | ||
the month succeeding each calendar quarter. | ||
SECTION 7. The heading to Section 2001.507, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 2001.507. COLLECTION AND DEPOSIT [ |
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PRIZE FEE. | ||
SECTION 8. Section 2001.507, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The commission shall deposit the revenue collected from | ||
the fee on prizes imposed by Section 2001.502 to the credit of [ |
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(a-1) The revenue collected by the commission from the fee | ||
on prizes imposed by Section 2001.502 is considered miscellaneous | ||
revenue for purposes of appropriations made to the commission under | ||
the General Appropriations Act for the administration of this | ||
chapter. | ||
SECTION 9. Section 404.073(c), Government Code, is amended | ||
to read as follows: | ||
(c) Interest that has been and that will be accrued or | ||
earned from deposits made under a law to which this subsection | ||
applies is state funds not subject to allocation or distribution to | ||
taxing units, cities, or transportation authorities under that law. | ||
This subsection applies to: | ||
(1) Section 205.02, Alcoholic Beverage Code; | ||
(2) [ |
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[ |
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(3) [ |
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(4) [ |
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(5) [ |
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SECTION 10. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 2001.103(a-1); | ||
(2) Section 2001.104; | ||
(3) Section 2001.313(b-3); | ||
(4) Section 2001.437(i); | ||
(5) Section 2001.503; and | ||
(6) Sections 2001.507(b), (c), (d), (e), (f), (g), | ||
(h), and (i). | ||
SECTION 11. (a) A county or municipality may receive a | ||
portion of the prize fee collected under Section 2001.502, | ||
Occupations Code, as amended by this Act, after the effective date | ||
of this Act only if: | ||
(1) the county or municipality was entitled to receive | ||
a portion of a bingo prize fee as of January 1, 2019; and | ||
(2) the governing body of the county or municipality: | ||
(A) by majority vote of the members of the | ||
governing body approves the continued receipt of funds under that | ||
section and notifies the Texas Lottery Commission of that decision | ||
not later than November 1, 2019; and | ||
(B) notifies each licensed authorized | ||
organization within the county's or municipality's jurisdiction, as | ||
applicable, of the continued imposition of the fee. | ||
(b) Not later than October 1, 2019, the Texas Lottery | ||
Commission shall notify the governing body of a county or | ||
municipality that was entitled to receive a portion of the prize fee | ||
collected under Section 2001.502, Occupations Code, as that section | ||
existed immediately before the effective date of this Act, of the | ||
requirements for continued receipt of the prize fee under that | ||
section as provided in Subsection (a) of this section. | ||
SECTION 12. Section 2001.305, Occupations Code, as amended | ||
by this Act, applies only to an authorized organization license or a | ||
commercial lessor license that is issued under Chapter 2001, | ||
Occupations Code, on or after the effective date of this Act. An | ||
authorized organization license or a commercial lessor license | ||
issued before the effective date of this Act is governed by the law | ||
as it existed immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 13. (a) Except as otherwise provided by Subsection | ||
(b) of this section, this Act takes effect January 1, 2020. | ||
(b) The following provisions take effect September 1, 2019: | ||
(1) Section 2001.502(c), Occupations Code, as added by | ||
this Act; | ||
(2) Section 2001.507(a), Occupations Code, as amended | ||
by this Act; and | ||
(3) Section 2001.507(a-1), Occupations Code, as added | ||
by this Act. |