Texas 2009 - 81st Regular

Texas House Bill HB1474 Compare Versions

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1	1	H.B. No. 1474
2	2
3	3
4	4	AN ACT
5	5	relating to the operation and regulation of charitable bingo and
6	6	the use of bingo proceeds.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 2001.002, Occupations Code, is amended
9	9	by adding Subdivisions (4-a), (8-a), and (25-a) and amending
10	10	Subdivision (6) to read as follows:
11	11	(4-a) "Bingo chairperson" means an officer or member
12	12	of the board of directors of a licensed authorized organization who
13	13	is designated in writing by the organization as responsible for
14	14	overseeing the organization's bingo activities and reporting to the
15	15	membership relating to those activities.
16	16	(6) "Bingo occasion" means a single gathering or
17	17	session at which a bingo game or [all activities incident to the
18	18	conduct of] a series of bingo games, including selling and
19	19	redeeming pull-tab bingo tickets, are conducted on the day and at
20	20	the times listed on the license issued to [by] a licensed authorized
21	21	organization[, including the organization's licensed times and any
22	22	preparatory or concluding activities incident to the conduct of
23	23	bingo].
24	24	(8-a) "Crime of moral turpitude" means:
25	25	(A) a felony;
26	26	(B) a gambling offense;
27	27	(C) criminal fraud;
28	28	(D) forgery;
29	29	(E) theft;
30	30	(F) an offense that involves filing false
31	31	information with a governmental agency; or
32	32	(G) any offense that:
33	33	(i) is classified in this state as a Class A
34	34	misdemeanor; and
35	35	(ii) puts the honesty and integrity of the
36	36	individual who committed the offense in question.
37	37	(25-a) "Regular license" means a license to conduct
38	38	bingo that is issued by the commission and that expires on the first
39	39	or second anniversary of the date of issuance unless revoked or
40	40	suspended before that date by the commission. The term includes an
41	41	annual license.
42	42	SECTION 2. Section 2001.059, Occupations Code, is amended
43	43	by amending Subsection (a) and adding Subsection (g) to read as
44	44	follows:
45	45	(a) An officer, bingo chairperson, or authorized
46	46	representative of a license holder or an attorney, accountant, or
47	47	bookkeeper employed or retained by a license holder [A person] may
48	48	request from the commission an advisory opinion regarding
49	49	compliance with this chapter and the rules of the commission.
50	50	(g) The commission may refuse to issue an advisory opinion
51	51	under this section on a matter that the commission knows to be in
52	52	active litigation.
53	53	SECTION 3. Subchapter B, Chapter 2001, Occupations Code, is
54	54	amended by adding Section 2001.060 to read as follows:
55	55	Sec. 2001.060. REPORTING. (a) On or before June 1 of each
56	56	even-numbered year, the commission shall prepare and deliver to the
57	57	governor, the lieutenant governor, the speaker of the house of
58	58	representatives, and the chairs of the standing committees of the
59	59	senate and house of representatives with primary jurisdiction over
60	60	charitable bingo a report stating for each of the preceding two
61	61	calendar years:
62	62	(1) the total amount of adjusted gross receipts
63	63	reported by licensed authorized organizations from their bingo
64	64	operations;
65	65	(2) the total amount of net proceeds reported by
66	66	licensed authorized organizations from their bingo operations; and
67	67	(3) a comparison of the amounts reported under
68	68	Subdivisions (1) and (2), including the percentage that the net
69	69	proceeds represents of the adjusted gross receipts.
70	70	(b) For purposes of Subsection (a), "adjusted gross
71	71	receipts" means the amount remaining after deducting prizes paid,
72	72	excluding prize fees collected from bingo players.
73	73	(c) For purposes of Subsection (a), the commission shall
74	74	determine the total amount of net proceeds in a manner that does not
75	75	reduce gross receipts by the amount of rent paid for the rental of
76	76	bingo premises by a licensed authorized organization to another
77	77	licensed authorized organization if the other organization pays
78	78	rent for the premises to a licensed commercial lessor.
79	79	SECTION 4. Section 2001.101(a), Occupations Code, is
80	80	amended to read as follows:
81	81	(a) The commission may license a person who is an authorized
82	82	organization eligible for a license to conduct bingo if the person
83	83	is:
84	84	(1) a religious society that has existed in this state
85	85	for at least three [eight] years;
86	86	(2) a nonprofit organization:
87	87	(A) whose predominant activities are for the
88	88	support of medical research or treatment programs; and
89	89	(B) that for at least three years:
90	90	(i) must have had a governing body or
91	91	officers elected by a vote of members or by a vote of delegates
92	92	elected by the members; or
93	93	(ii) must have been affiliated with a state
94	94	or national organization organized to perform the same purposes as
95	95	the nonprofit organization;
96	96	(3) a fraternal organization;
97	97	(4) a veterans organization that has existed in this
98	98	state for at least three years; [or]
99	99	(5) a volunteer fire department that has existed in
100	100	this state for at least three years; or
101	101	(6) a volunteer emergency medical services provider
102	102	that has existed in this state for at least three years.
103	103	SECTION 5. Sections 2001.102(a) and (b), Occupations Code,
104	104	are amended to read as follows:
105	105	(a) An applicant for a license to conduct bingo must file
106	106	with the commission an [a written, executed, and verified]
107	107	application on a form prescribed by the commission.
108	108	(b) The application must include:
109	109	(1) the name and address of the applicant;
110	110	(2) the names and addresses of the applicant's
111	111	officers and directors;
112	112	(3) the address of the premises where and the time when
113	113	the applicant intends to conduct bingo under the license sought;
114	114	(4) the name and address of the licensed commercial
115	115	lessor of the premises, if the applicant intends to lease premises
116	116	to conduct bingo from a person other than an authorized
117	117	organization;
118	118	(5) [the capacity or potential capacity for public
119	119	assembly in any premises owned or occupied by the applicant;
120	120	[(6) the amount of rent to be paid or other
121	121	consideration to be given, directly or indirectly, for each
122	122	occasion for use of the premises of another licensed authorized
123	123	organization or for use of the premises of a licensed commercial
124	124	lessor;
125	125	[(7) all other items of expense intended to be
126	126	incurred or paid in connection with conducting, promoting, and
127	127	administering bingo and the names and addresses of the persons to
128	128	whom, and the purposes for which, the expenses are to be paid;
129	129	[(8) the specific purposes to and the manner in which
130	130	the net proceeds of bingo are to be devoted;
131	131	[(9)] a statement that the net proceeds of bingo will
132	132	go to one or more of the authorized charitable purposes under this
133	133	chapter;
134	134	(6) [(10)] a designation of the applicant
135	135	organization's bingo chairperson [one or more active members of the
136	136	applicant organization] under whom bingo will be conducted
137	137	accompanied by a statement signed by the chairperson [each
138	138	designated member] stating that the chairperson [member] will be
139	139	responsible for the conduct of bingo under the terms of the license
140	140	and this chapter;
141	141	(7) [(11) a statement that a copy of the application
142	142	has been sent to the appropriate governing body;
143	143	[(12) the name and address of each person who will work
144	144	at the proposed bingo occasion, the nature of the work to be
145	145	performed, and a statement as to whether the person has been
146	146	convicted of a felony, a gambling offense, criminal fraud, or a
147	147	crime of moral turpitude; and
148	148	[(13)] sufficient facts relating to the applicant's
149	149	incorporation and organization to enable the commission to
150	150	determine whether the applicant is an authorized organization;
151	151	(8) a copy of the applicant organization's most
152	152	recently filed Internal Revenue Service Form 990, if applicable;
153	153	(9) a letter of good standing from the applicant
154	154	organization's parent organization, if the organization receives
155	155	an exemption from federal income taxes as a member of a group of
156	156	organizations;
157	157	(10) copies of the applicant organization's organizing
158	158	instruments, including any bylaws, constitution, charter, and
159	159	articles of incorporation;
160	160	(11) verification of the applicant organization's good
161	161	standing with the secretary of state if the organization is
162	162	organized under the law of this state; and
163	163	(12) information necessary to conduct criminal
164	164	background checks on the applicant organization's officers and
165	165	directors.
166	166	SECTION 6. Section 2001.103(e), Occupations Code, is
167	167	amended to read as follows:
168	168	(e) Notwithstanding Subsection (c), an authorized
169	169	organization that holds an annual [a regular] license to conduct
170	170	bingo may receive not more than 24 [12] temporary licenses during
171	171	the 12-month period following the issuance or renewal of the
172	172	license. The holder of a license that is effective for two years
173	173	may receive not more than 24 temporary licenses for each 12-month
174	174	period that ends on an anniversary of the date the license was
175	175	issued or renewed.
176	176	SECTION 7. Section 2001.104, Occupations Code, is amended
177	177	by amending Subsections (b) and (d) and adding Subsection (e) to
178	178	read as follows:
179	179	(b) The commission by rule shall establish procedures to
180	180	determine if the appropriate license fee [At the end of the license
181	181	period the license holder and the commission shall compute the
182	182	amount of gross receipts actually recorded during the license
183	183	period to determine if the appropriate fee amount] was paid.
184	184	(d) An applicant shall pay the fees established under
185	185	Subsection (a) annually. An applicant for a license or renewal of a
186	186	license may obtain a license that is effective for two years by
187	187	paying an amount equal to two times the amount of the annual license
188	188	fee, or by paying the license fee for the first year at the time the
189	189	applicant submits the application and the fee for the second year
190	190	not later than the first anniversary of the date the license becomes
191	191	effective [plus $25].
192	192	(e) A licensed authorized organization may pay in advance,
193	193	or establish an escrow account with the commission to cover, fees
194	194	assessed under this chapter for the amendment of a license or
195	195	issuance of a temporary license.
196	196	SECTION 8. Section 2001.105(b), Occupations Code, is
197	197	amended to read as follows:
198	198	(b) The commission may not issue a license to an authorized
199	199	organization to conduct bingo if an officer or member of the board
200	200	of directors of the organization has been convicted of a felony,
201	201	criminal fraud, a gambling or gambling-related offense, or a crime
202	202	of moral turpitude if less than 10 years has elapsed since the
203	203	termination of a sentence, parole, mandatory supervision, or
204	204	community supervision served for the offense.
205	205	SECTION 9. Section 2001.106, Occupations Code, is amended
206	206	to read as follows:
207	207	Sec. 2001.106. FORM AND CONTENTS OF LICENSE. A license to
208	208	conduct bingo must include:
209	209	(1) the name and address of the license holder;
210	210	(2) the name and address of the bingo chairperson
211	211	[names and addresses of the member or members] of the license holder
212	212	under whom the bingo will be conducted; and
213	213	(3) the address [an indication] of the premises where
214	214	and the time when bingo is to be conducted[;
215	215	[(4) the specific purposes to which the net proceeds
216	216	of bingo are to be devoted; and
217	217	[(5) a statement of whether a prize is to be offered
218	218	and the amount of any authorized prize].
219	219	SECTION 10. Section 2001.107(a), Occupations Code, is
220	220	amended to read as follows:
221	221	(a) Unless the organization is a member of a unit that
222	222	designates a unit manager under Section 2001.437, the bingo
223	223	chairperson for a licensed authorized organization [The person
224	224	designated under Section 2001.102(b)(10)] shall complete the
225	225	[eight hours of] training required [as provided] by commission
226	226	rule. For a unit operating under Subchapter I-1, the unit manager
227	227	shall complete the training if the unit designates a unit manager
228	228	under Section 2001.437.
229	229	SECTION 11. Sections 2001.108(b) and (c), Occupations Code,
230	230	are amended to read as follows:
231	231	(b) If the other organization ceased or will cease
232	232	conducting bingo for the reason stated in Subsection (a)(1), the
233	233	commission must act on the joint application filed under Subsection
234	234	(a) not later than the 14th [10th] day after the date the
235	235	application is filed with the commission.
236	236	(c) If the other organization ceased or will cease
237	237	conducting bingo for the reason stated in Subsection (a)(2), the
238	238	commission must act on the joint application filed under Subsection
239	239	(a) not later than the 14th [10th] day after the date the
240	240	application is filed with the commission or the date on which the
241	241	termination takes effect, whichever is later.
242	242	SECTION 12. Sections 2001.158(b) and (d), Occupations Code,
243	243	are amended to read as follows:
244	244	(b) The commission by rule shall establish procedures for
245	245	determining if the appropriate license fee [At the end of the
246	246	license period, the license holder and the commission shall compute
247	247	the amount of the gross rentals actually recorded during the
248	248	license period to determine if the appropriate fee amount] was
249	249	paid.
250	250	(d) An applicant for a commercial lessor license shall pay
251	251	the fees established under Subsection (a) annually. An applicant
252	252	for a license or renewal of a license may obtain a license that is
253	253	effective for two years by paying an amount equal to two times the
254	254	amount of the annual license fee, or by paying the license fee for
255	255	the first year at the time the applicant submits the application and
256	256	the license fee for the second year not later than the first
257	257	anniversary of the date the license becomes effective [plus $25].
258	258	SECTION 13. The heading to Section 2001.159, Occupations
259	259	Code, is amended to read as follows:
260	260	Sec. 2001.159. LICENSE ISSUANCE OR RENEWAL.
261	261	SECTION 14. Section 2001.159(a), Occupations Code, is
262	262	amended to read as follows:
263	263	(a) The commission shall issue or renew a commercial lessor
264	264	license if the commission determines that:
265	265	(1) the applicant has paid the license fee as provided
266	266	by Section 2001.158;
267	267	(2) the applicant qualifies to be licensed under this
268	268	chapter;
269	269	(3) [the applicant satisfies the requirements for a
270	270	commercial lessor under this subchapter;
271	271	[(4)] the rent to be charged is fair and reasonable
272	272	[and will be charged and collected in compliance with Section
273	273	2001.406];
274	274	(4) [(5)] there is no diversion of the funds of the
275	275	proposed lessee from the lawful purposes under this chapter;
276	276	(5) [(6)] the person whose signature or name appears
277	277	in the application is in all respects the real party in interest and
278	278	is not an undisclosed agent or trustee for the real party in
279	279	interest; and
280	280	(6) [(7)] the applicant will lease the premises for
281	281	the conduct of bingo in accordance with this chapter.
282	282	SECTION 15. Section 2001.203, Occupations Code, is amended
283	283	to read as follows:
284	284	Sec. 2001.203. MANUFACTURER'S LICENSE APPLICATION. (a) An
285	285	applicant for a manufacturer's license must file with the
286	286	commission an [a written verified] application on a form prescribed
287	287	by the commission.
288	288	(b) The application must include:
289	289	(1) the name and address of the applicant and the name
290	290	and address of each of its locations where bingo supplies or
291	291	equipment are manufactured;
292	292	(2) a full description of each type of bingo supply or
293	293	equipment that the applicant intends to manufacture or market in
294	294	this state and the brand name, if any, under which each item will be
295	295	sold;
296	296	(3) [the name and address of the applicant and] if the
297	297	applicant:
298	298	(A) is not a corporation, the name and home
299	299	address of each owner; or
300	300	(B) is a corporation, the name and home address
301	301	of each officer and director and each person owning more than 10
302	302	percent [or more] of a class of stock in the corporation;
303	303	(4) if the applicant is a foreign corporation or other
304	304	foreign legal entity, the name, business name and address, and
305	305	[home] address of its registered agent for service in this state;
306	306	(5) the name and address of each manufacturer,
307	307	supplier, and distributor in which the applicant has a financial
308	308	interest and the details of that financial interest, including any
309	309	indebtedness between the applicant and the manufacturer, supplier,
310	310	or distributor of $5,000 [$500] or more;
311	311	(6) information regarding whether the applicant or a
312	312	person required to be named in the application has been convicted in
313	313	this state or another state of a felony, criminal fraud, a gambling
314	314	or gambling-related offense, or a crime of moral turpitude;
315	315	(7) information regarding whether the applicant or a
316	316	person required to be named in the application is an owner, officer,
317	317	director, shareholder, agent, or employee of a licensed commercial
318	318	lessor or conducts, promotes, administers, or assists in
319	319	conducting, promoting, or administering bingo for which a license
320	320	is required by this chapter;
321	321	(8) information regarding whether the applicant or a
322	322	person required to be named in the application is a public officer
323	323	or public employee in this state;
324	324	(9) the name of each state in which the applicant is or
325	325	has been licensed to manufacture, distribute, or supply bingo
326	326	equipment or supplies, each license number, the period of time
327	327	licensed under each license, and whether a license has been
328	328	revoked, suspended, withdrawn, canceled, or surrendered and, if so,
329	329	the reasons for the action taken;
330	330	(10) information regarding whether the applicant or a
331	331	person required to be named in the application is or has been a
332	332	professional gambler or gambling promoter;
333	333	(11) the names and addresses of each manufacturer,
334	334	supplier, or distributor of bingo equipment or supplies in which
335	335	the applicant or a person required to be named in the application is
336	336	an owner, officer, shareholder, director, agent, or employee; and
337	337	(12) any other information the commission requests.
338	338	SECTION 16. Section 2001.208(b), Occupations Code, is
339	339	amended to read as follows:
340	340	(b) The application must include:
341	341	(1) the full name and address of the applicant;
342	342	(2) the name and address of each location operated by
343	343	the distributor from which bingo supplies or equipment are
344	344	distributed or at which bingo supplies or equipment are stored;
345	345	(3) if a noncorporate distributor, the name and home
346	346	address of each owner;
347	347	(4) if a corporate distributor, the name and home
348	348	address of each officer or director and of each person owning more
349	349	than [at least] 10 percent of a class of stock in the corporation;
350	350	(5) if a foreign corporation or other foreign legal
351	351	entity, the name, business name and address, and [home] address of
352	352	its registered agent for service in this state;
353	353	(6) a full description of the type of bingo supply or
354	354	equipment that the applicant intends to store or distribute in this
355	355	state and the name of the manufacturer of each item and the brand
356	356	name, if any, under which the item will be sold or marketed;
357	357	(7) the name and address of a manufacturer, supplier,
358	358	or distributor in which the applicant has a financial interest and
359	359	the details of that financial interest, including an indebtedness
360	360	between the applicant and the manufacturer, supplier, or
361	361	distributor of $5,000 [$500] or more;
362	362	(8) information regarding whether the applicant or a
363	363	person required to be named in the application has been convicted in
364	364	this state or another state of a felony, criminal fraud, a gambling
365	365	or gambling-related offense, or a crime of moral turpitude;
366	366	(9) information regarding whether the applicant or a
367	367	person required to be named in the application is an owner, officer,
368	368	director, shareholder, agent, or employee of a licensed commercial
369	369	lessor or conducts, promotes, administers, or assists in
370	370	conducting, promoting, or administering bingo for which a license
371	371	is required under this chapter;
372	372	(10) information regarding whether the applicant or a
373	373	person required to be named in the application is a public officer
374	374	or public employee in this state;
375	375	(11) the name of each state in which the applicant is
376	376	or has been licensed to manufacture, distribute, or supply bingo
377	377	equipment or supplies, each license number, the period of time
378	378	licensed under each license, and whether a license was revoked,
379	379	suspended, withdrawn, canceled, or surrendered and, if so, the
380	380	reasons for the action taken;
381	381	(12) information regarding whether the applicant or a
382	382	person required to be named in the application is or has been a
383	383	professional gambler or gambling promoter;
384	384	(13) the name and address of each manufacturer,
385	385	supplier, or distributor of bingo equipment or supplies in which
386	386	the applicant or a person required to be named in the application is
387	387	an owner, officer, shareholder, director, agent, or employee; and
388	388	(14) any other information the commission requests.
389	389	SECTION 17. Sections 2001.211(b), (c), and (d), Occupations
390	390	Code, are amended to read as follows:
391	391	(b) If a change occurs after issuance of a manufacturer's or
392	392	distributor's license, the license holder shall report the change
393	393	to the commission not later than the 14th [10th] day after the date
394	394	of the change.
395	395	(c) Not later than the 14th [10th] day after the date of the
396	396	change, a license holder shall notify the commission of a change in:
397	397	(1) the license holder's organization, structure, or
398	398	mode of operation;
399	399	(2) the identity of persons named or required to be
400	400	named in the application and the nature or extent of those persons'
401	401	interest; or
402	402	(3) any other facts stated in the application.
403	403	(d) Failure to give a notice required under this section is
404	404	cause for:
405	405	(1) denial, suspension, or revocation of a license; or
406	406	(2) imposition of an administrative penalty or other
407	407	administrative action.
408	408	SECTION 18. Subchapter G, Chapter 2001, Occupations Code,
409	409	is amended by adding Section 2001.3025 to read as follows:
410	410	Sec. 2001.3025. ACCESS TO CRIMINAL HISTORY RECORD
411	411	INFORMATION. The commission is entitled to conduct an
412	412	investigation of and is entitled to obtain criminal history record
413	413	information maintained by the Department of Public Safety, the
414	414	Federal Bureau of Investigation identification division, or
415	415	another law enforcement agency to assist in the investigation of:
416	416	(1) an applicant for or holder of a license issued
417	417	under this chapter;
418	418	(2) a person required to be named in a license
419	419	application; or
420	420	(3) an employee or other person who works or will work
421	421	for a license holder and who is required by another provision of
422	422	this chapter to undergo a criminal background check.
423	423	SECTION 19. Section 2001.306(c), Occupations Code, is
424	424	amended to read as follows:
425	425	(c) The holder of a license to conduct bingo may not change
426	426	the location at which it conducts bingo until it has:
427	427	(1) returned [surrendered] its original license if
428	428	available, or certified that the license is not available; and
429	429	(2) received an amended license for the new location.
430	430	SECTION 20. Section 2001.313, Occupations Code, is amended
431	431	by amending Subsections (a), (b), (d), (e), (f), and (g) and adding
432	432	Subsections (b-1), (h), and (i) to read as follows:
433	433	(a) To minimize duplicate criminal history background
434	434	checks by the commission and the costs incurred by organizations
435	435	and individuals, the commission shall maintain a registry of
436	436	individuals [persons] on whom the commission has conducted a
437	437	criminal history background check and who are approved to be
438	438	involved in the conduct of bingo or to act as a bingo operator.
439	439	(b) An individual [A person] listed in the registry may be
440	440	involved in the conduct of bingo or act as an operator at any
441	441	location at which bingo is lawfully conducted.
442	442	(b-1) An individual's listing on the registry expires on the
443	443	third anniversary of the date the individual was initially included
444	444	on the registry. The individual may renew the listing before the
445	445	expiration date. If the individual fails to renew the listing, the
446	446	commission shall remove the individual's name from the registry.
447	447	An individual whose name is removed from the registry may reapply
448	448	for listing on the registry.
449	449	(d) An individual [A person] who is not listed on the
450	450	registry established by this section may not act, and a licensed
451	451	authorized organization may not allow the individual to act, as an
452	452	operator, manager, cashier, usher, caller, bingo chairperson,
453	453	bookkeeper, or salesperson for the [a] licensed authorized
454	454	organization.
455	455	(e) The commission may refuse to add an individual's [a
456	456	person's] name to, or remove an individual's [a person's] name from,
457	457	the registry established by this section if, after notice and, if
458	458	requested by the individual, a hearing, the individual [person] is
459	459	finally determined to have:
460	460	(1) been convicted of an offense listed under Section
461	461	2001.105(b);
462	462	(2) converted bingo equipment in a premises to an
463	463	improper use;
464	464	(3) converted funds that are in, or that should have
465	465	been in, the bingo account of any licensed authorized organization;
466	466	(4) taken any action, individually or in concert with
467	467	another person, that affects the integrity of any bingo game to
468	468	which this chapter applies; [or]
469	469	(5) acted as an operator, manager, cashier, usher,
470	470	caller, bingo chairperson, bookkeeper, or salesperson for a
471	471	licensed authorized organization without being listed on the
472	472	registry established under this section;
473	473	(6) failed to provide a complete application; or
474	474	(7) participated in any violation of this chapter or
475	475	rules adopted by the commission for the administration of this
476	476	chapter.
477	477	(f) A licensed authorized organization shall report to the
478	478	commission or its designee the discovery of any conduct on the part
479	479	of an individual [a person] registered or required to be registered
480	480	under this section where there is substantial basis for believing
481	481	that the conduct would constitute grounds for removal of the
482	482	individual's [person's] name from, or refusal to add the
483	483	individual's [person's] name to, the registry established by this
484	484	section. A statement made in good faith to the commission or to an
485	485	adjudicative body in connection with any such report may not be the
486	486	basis for an action for defamation of character.
487	487	(g) An individual [A person] who has been finally determined
488	488	to have taken action prohibited by Subsection (e)(2), (3), (4),
489	489	[or] (5), (6), or (7) cannot be listed on the registry of approved
490	490	bingo workers and cannot work as a bingo worker for one year from
491	491	the date of such determination. Upon expiration of the one-year
492	492	period, the individual [person] is eligible for listing on the
493	493	registry provided a licensee subject to this chapter makes
494	494	application to list the individual [person]. In such event, the
495	495	commission shall take into consideration the facts and
496	496	circumstances that occurred that led to the applicable action under
497	497	Subsections (e)(2)-(7) [(e)(2)-(5)] in deciding whether to list the
498	498	individual [person] on the registry.
499	499	(h) A licensed authorized organization may employ an
500	500	individual who is not on the registry established by this section as
501	501	an operator, manager, cashier, usher, caller, or salesperson on a
502	502	provisional basis if the individual is awaiting the results of a
503	503	background check by the commission:
504	504	(1) for a period not to exceed 14 days if the
505	505	individual is a resident of this state; or
506	506	(2) for a period to be established by commission rule
507	507	if the individual is not a resident of this state.
508	508	(i) An individual who has been removed from the registry
509	509	under Subsection (e) and has not subsequently been listed on the
510	510	registry under Subsection (g) may not be employed under Subsection
511	511	(h).
512	512	SECTION 21. Section 2001.314, Occupations Code, is amended
513	513	to read as follows:
514	514	Sec. 2001.314. IDENTIFICATION CARD FOR APPROVED BINGO
515	515	WORKER. (a) The commission may require an individual [a person]
516	516	listed in the registry maintained under Section 2001.313 to wear an
517	517	identification card to identify the individual [person] to license
518	518	holders, bingo players, and commission staff while the individual
519	519	[person] is on duty during the conduct of bingo. The commission by
520	520	rule shall prescribe the form and content of the card.
521	521	(b) The commission shall provide the identification card
522	522	and shall provide a form to be completed by an individual [a person]
523	523	that allows the individual [person] to prepare the identification
524	524	card. The commission may [shall] collect a reasonable charge to
525	525	cover the cost of providing the card or form.
526	526	(c) An identification card required by the commission under
527	527	this section to be worn by an individual [a person] while on duty
528	528	during the conduct of bingo must be in substantial compliance with
529	529	the form and content requirements prescribed by the commission
530	530	under this section.
531	531	(d) The commission may not require any other individual
532	532	[person] licensed under this chapter, or an individual [a person]
533	533	acting on the license holder's behalf, to wear an identification
534	534	card, whether or not the individual [person] is present or
535	535	performing the individual's [person's] duties during the conduct of
536	536	bingo.
537	537	SECTION 22. Subchapter G, Occupations Code, is amended by
538	538	adding Sections 2001.315 and 2001.316 to read as follows:
539	539	Sec. 2001.315. LATE LICENSE RENEWAL. (a) A person who
540	540	fails to renew the person's license under this chapter before the
541	541	date the license expires may renew the license after the expiration
542	542	date by:
543	543	(1) filing a license renewal application with the
544	544	commission not later than the 14th day after the date the license
545	545	expires, paying the applicable annual license fee, and paying a
546	546	late license renewal fee equal to 10 percent of the annual license
547	547	fee; or
548	548	(2) filing a license renewal application with the
549	549	commission not later than the 60th day after the date the license
550	550	expires, paying the applicable annual license fee, and paying a
551	551	late license renewal fee equal to 10 percent of the annual license
552	552	fee for each 14-day period occurring after the date the license
553	553	expires and before the date the renewal application is filed with
554	554	the commission.
555	555	(b) A person who files a renewal application with the
556	556	commission under Subsection (a) may continue to perform the bingo
557	557	activities authorized under the license as if the license has not
558	558	expired until the license is renewed or renewal of the license is
559	559	denied.
560	560	(c) To renew a license after the 60th day after the date the
561	561	license expires, the person must file an application for an
562	562	original license and cease all bingo activities for which the
563	563	license is required as of the 61st day after the date the license
564	564	expires until a new license is issued.
565	565	Sec. 2001.316. DELIVERY OF COMMISSION NOTICE. If notice
566	566	under this chapter is required to be given to an authorized
567	567	organization, the commission shall send the notice to the bingo
568	568	chairperson of the authorized organization and to the appropriate
569	569	commercial lessor, if applicable.
570	570	SECTION 23. Section 2001.356(c), Occupations Code, is
571	571	amended to read as follows:
572	572	(c) If a notice of temporary suspension is served on a
573	573	license holder, the director of bingo operations shall
574	574	simultaneously serve notice of a hearing, to be held not later than
575	575	the 14th [10th] day after the date the notice is served, at which
576	576	the license holder must show cause why the license should not be
577	577	temporarily suspended on the 14th [10th] day after the date the
578	578	notice is served. If the license holder does not show cause, the
579	579	license is suspended.
580	580	SECTION 24. Section 2001.404, Occupations Code, is amended
581	581	to read as follows:
582	582	Sec. 2001.404. PRINCIPAL LOCATION. A licensed authorized
583	583	organization may conduct bingo only in:
584	584	(1) the county where the organization has its primary
585	585	business office or another county contiguous to that county; or
586	586	(2) if the organization does not have a [has no]
587	587	business office, in the county of the principal residence of its
588	588	chief executive officer, or a contiguous county of this state.
589	589	SECTION 25. Section 2001.406(b), Occupations Code, is
590	590	amended to read as follows:
591	591	(b) Rent for premises used for the conduct of bingo must be
592	592	paid in a lump sum. Except as otherwise provided by this section,
593	593	the [The] lump sum must include all expenses authorized by Section
594	594	2001.458 that are paid by the licensed authorized organization to
595	595	the lessor in connection with the use of the premises. A licensed
596	596	authorized organization or unit may pay as a separate expense,
597	597	based on the percentage of the total area of the lessor's facility
598	598	that the organization or unit uses as the bingo premises for the
599	599	conduct of bingo, the organization's or unit's pro rata share of:
600	600	(1) property taxes on the facility that are paid by the
601	601	lessor, excluding any penalties and interest on the taxes;
602	602	(2) water, electric, and gas utility expenses for the
603	603	facility that are paid by the lessor, excluding any late fees or
604	604	other penalties; and
605	605	(3) property and casualty insurance premiums for the
606	606	facility that are paid by the lessor, excluding any late fees or
607	607	other penalties.
608	608	SECTION 26. Section 2001.407(a), Occupations Code, is
609	609	amended to read as follows:
610	610	(a) A licensed manufacturer may furnish, by sale or
611	611	otherwise, bingo equipment or supplies to a licensed distributor.
612	612	A [Except as provided by Section 2001.257(b), a] licensed
613	613	manufacturer may not furnish, by sale or otherwise, bingo equipment
614	614	or supplies to a person other than a licensed distributor.
615	615	SECTION 27. Section 2001.411, Occupations Code, is amended
616	616	by adding Subsection (c-1) to read as follows:
617	617	(c-1) An organization may designate as members of the
618	618	organization one or more individuals who elect to become members,
619	619	including all of the organization's directors, and the designated
620	620	members are bona fide members of the organization for purposes of
621	621	this section and other law.
622	622	SECTION 28. Section 2001.419, Occupations Code, is amended
623	623	to read as follows:
624	624	Sec. 2001.419. BINGO OCCASIONS. (a) [A bingo occasion
625	625	begins when the premises are opened to the public.
626	626	[(b)] A licensed authorized organization may not conduct
627	627	more than three [a] bingo occasions [occasion more often than three
628	628	days] during a calendar week under an annual license [and not to
629	629	exceed more than four hours during a 24-hour period].
630	630	(b) A bingo occasion may not exceed four hours.
631	631	(c) [A licensed authorized organization may conduct two
632	632	bingo occasions during a 24-hour period.] No more than two bingo
633	633	occasions may be conducted at the same premises during one day
634	634	except that a third bingo occasion may be conducted under a
635	635	temporary license held by a licensed authorized organization at
636	636	that premises.
637	637	(d) [No more than two licensed authorized organizations may
638	638	conduct bingo at the same premises during a 24-hour period.] If
639	639	more than one bingo occasion is conducted [two organizations
640	640	conduct bingo] at the same premises on the same day:
641	641	(1) [during a 24-hour period,] the bingo occasions
642	642	must be announced separately;
643	643	(2) the licensed times may not overlap; and
644	644	(3) bingo cards may be sold during a bingo occasion for
645	645	play during a subsequent bingo occasion that is scheduled to begin
646	646	at the same premises in not more than eight hours after the sale of
647	647	cards for the subsequent occasion begins [, and an intermission of
648	648	at least 10 minutes must occur between the bingo occasions].
649	649	(e) Bingo paper for a bingo occasion may be sold at the
650	650	licensed premises before the bingo occasion begins. [If two
651	651	licensed authorized organizations are authorized to conduct bingo
652	652	at the same premises on the same day, the bingo occasion of one
653	653	organization may overlap with the bingo occasion of the other
654	654	organization, but their games must be separated by the intermission
655	655	required under Subsection (d). In that event, the intermission is
656	656	considered part of each organization's bingo occasion.]
657	657	SECTION 29. Subchapter I-1, Chapter 2001, Occupations Code,
658	658	is amended by adding Section 2001.4335 to read as follows:
659	659	Sec. 2001.4335. EXEMPTION FROM FRANCHISE TAX. A unit
660	660	formed under this subchapter is exempt from the tax imposed under
661	661	Chapter 171, Tax Code.
662	662	SECTION 30. Section 2001.435(b), Occupations Code, is
663	663	amended to read as follows:
664	664	(b) Each member of a unit shall deposit into the unit's
665	665	bingo account all funds derived from the conduct of bingo, less the
666	666	amount awarded as cash prizes under Sections 2001.420(a) and (b).
667	667	The deposit shall be made not later than the second [next] business
668	668	day after the day of the bingo occasion on which the receipts were
669	669	obtained.
670	670	SECTION 31. Section 2001.451, Occupations Code, is amended
671	671	by amending Subsections (a), (b), (c), (d), and (e) and adding
672	672	Subsections (g), (h), (i), (j), and (k) to read as follows:
673	673	(a) A licensed authorized organization shall establish and
674	674	maintain one regular checking account designated as the
675	675	organization's "bingo account." The organization may [also]
676	676	maintain a separate [an] interest-bearing savings account
677	677	designated as the "bingo savings account."
678	678	(b) A licensed authorized organization shall deposit in the
679	679	bingo account all funds derived from the conduct of bingo, less the
680	680	amount awarded as cash prizes under Sections 2001.420(a) and (b).
681	681	Except as provided by Subsection (b-1), a deposit must be made not
682	682	later than the second [next] business day after the day of the bingo
683	683	occasion on which the receipts were obtained.
684	684	(c) A licensed authorized organization may transfer [lend]
685	685	money from its general fund or other account to the organization's
686	686	[its] bingo account or to the bingo account of a unit of which the
687	687	organization is a member under Subchapter I-1, if applicable, if:
688	688	(1) the balance in the bingo account to which the funds
689	689	are transferred is less than the maximum amount permitted by this
690	690	section; and
691	691	(2) the organization notifies [requests and receives
692	692	the prior approval of] the commission of the transfer not later than
693	693	the 14th day after the date of the transfer. [Except as provided by
694	694	this section, no other funds may be deposited in the bingo account.]
695	695	(d) Except as permitted by Subsection (c), a [A] licensed
696	696	authorized organization may not commingle gross receipts derived
697	697	from the conduct of bingo with other funds of the organization.
698	698	(e) Except as permitted by Subsection (c) of this section
699	699	and by Section 2001.453(2), a [Sections 2001.453(a)(2) and (3),
700	700	the] licensed authorized organization may not transfer gross
701	701	receipts derived from the conduct of bingo to another account
702	702	maintained by the organization.
703	703	(g) The bingo operations of a licensed authorized
704	704	organization must:
705	705	(1) result in net proceeds over the organization's
706	706	license period; or
707	707	(2) if the organization has a two-year license, result
708	708	in net proceeds over each 12-month period that ends on an
709	709	anniversary of the date the two-year license was issued.
710	710	(h) Except as provided by Subsection (j), a licensed
711	711	authorized organization or a unit of licensed authorized
712	712	organizations may retain operating capital in the organization's or
713	713	unit's bingo account in an amount that:
714	714	(1) is equal to the organization's or unit's actual
715	715	average bingo expenses per quarter based on the preceding license
716	716	period, excluding prizes paid; and
717	717	(2) does not exceed a total of $50,000 for a single
718	718	organization or $50,000 for each member of a unit unless:
719	719	(A) the commission by rule establishes a higher
720	720	amount for all organizations or units or one or more classes of
721	721	organizations or units; or
722	722	(B) the bingo operations director, on request,
723	723	raises the operating capital limit for one organization or unit as
724	724	necessary to facilitate the operation of the organization or unit.
725	725	(i) Prize fees held in escrow for remittance to the
726	726	commission are not included in the calculation of operating capital
727	727	under Subsection (h).
728	728	(j) The commission shall adopt rules allowing a licensed
729	729	authorized organization to retain a maximum amount of operating
730	730	capital in the bingo account in excess of the amount provided by
731	731	Subsection (h) if the organization:
732	732	(1) has conducted bingo for less than one year;
733	733	(2) experiences circumstances beyond the control of
734	734	the organization, including force majeure, that necessitate an
735	735	increase in operating capital; or
736	736	(3) provides to the commission a credible business
737	737	plan for the conduct of bingo or for the organization's existing or
738	738	planned charitable purposes that an increase in operating capital
739	739	will reasonably further.
740	740	(k) A licensed authorized organization may apply to the
741	741	commission for a waiver of the requirements of this section and
742	742	Section 2001.457. The commission may grant the waiver on a showing
743	743	of good cause by the organization that compliance with this section
744	744	and Section 2001.457 is detrimental to the organization's existing
745	745	or planned charitable purposes. An organization applying for a
746	746	waiver establishes good cause by providing to the commission:
747	747	(1) credible evidence of circumstances beyond the
748	748	control of the organization, including force majeure; or
749	749	(2) a credible business plan for the organization's
750	750	conduct of bingo or the organization's existing or planned
751	751	charitable purposes.
752	752	SECTION 32. Sections 2001.452(a) and (c), Occupations Code,
753	753	are amended to read as follows:
754	754	(a) Funds from the bingo account must be withdrawn by
755	755	electronic funds transfer or by preprinted, consecutively numbered
756	756	checks or withdrawal slips, signed by an authorized representative
757	757	of the licensed authorized organization and made payable to a
758	758	person. A check or withdrawal slip may not be made payable to
759	759	"cash," "bearer," or a fictitious payee. The nature of the payment
760	760	made must also be noted on the face of the check or withdrawal slip.
761	761	The purpose, amount, and payee for each electronic funds transfer
762	762	must be recorded in accordance with rules adopted by the
763	763	commission.
764	764	(c) A licensed authorized organization shall [keep and]
765	765	account for all checks and withdrawal slips, including voided
766	766	checks and withdrawal slips.
767	767	SECTION 33. Section 2001.453, Occupations Code, is amended
768	768	to read as follows:
769	769	Sec. 2001.453. AUTHORIZED USES OF BINGO ACCOUNT. [(a)] A
770	770	licensed authorized organization may withdraw funds from [draw a
771	771	check on] its bingo account only for:
772	772	(1) the payment of necessary or [and] reasonable bona
773	773	fide expenses, including compensation of personnel, as permitted
774	774	under Section 2001.458 incurred and paid in connection with the
775	775	conduct of bingo; or
776	776	(2) the disbursement of net proceeds derived from the
777	777	conduct of bingo as provided by this subchapter [to charitable
778	778	purposes; or
779	779	[(3) the transfer of net proceeds derived from the
780	780	conduct of bingo to the organization's bingo savings account
781	781	pending a disbursement to a charitable purpose.
782	782	[(b) A licensed authorized organization must make the
783	783	disbursement of net proceeds on deposit in the bingo savings
784	784	account to a charitable purpose by transferring the intended
785	785	disbursement back into the organization's bingo account and then
786	786	withdrawing an amount by a check drawn on the bingo account].
787	787	SECTION 34. Sections 2001.457(a), (b), and (c), Occupations
788	788	Code, are amended to read as follows:
789	789	(a) Before the end of each quarter, a licensed authorized
790	790	organization shall disburse all [for charitable purposes an amount
791	791	not less than 35 percent] of the organization's net proceeds
792	792	[adjusted gross receipts] from the preceding quarter, other than
793	793	amounts retained under Section 2001.451, as provided by this
794	794	subchapter [less the amount of authorized expenses not to exceed
795	795	six percent of the gross receipts].
796	796	(b) If a licensed authorized organization fails to meet the
797	797	requirements of Subsection (a) [this section] for a quarter, the
798	798	commission in applying appropriate sanctions shall [may] consider
799	799	whether, taking into account the amount required to be disbursed
800	800	[distributed] during that quarter and the three preceding quarters
801	801	[and the charitable distributions for each of those quarters], the
802	802	organization has disbursed [distributed] a total amount sufficient
803	803	to have met the disbursement [35 percent] requirement for that
804	804	quarter and the three preceding quarters combined.
805	805	(c) A licensed authorized organization that has ceased to
806	806	conduct bingo for any reason and that has unexpended bingo funds
807	807	shall disburse those funds as provided by this subchapter [to
808	808	charitable purposes] before the end of the next calendar quarter
809	809	after the calendar quarter in which the organization ceases to
810	810	conduct bingo.
811	811	SECTION 35. Section 2001.458(a), Occupations Code, is
812	812	amended to read as follows:
813	813	(a) An item of expense may not be incurred or paid in
814	814	connection with the conduct of bingo except an expense that is
815	815	reasonable or necessary to conduct bingo, including an expense for:
816	816	(1) advertising, including the cost of printing bingo
817	817	gift certificates;
818	818	(2) security;
819	819	(3) repairs to premises and equipment;
820	820	(4) bingo supplies and equipment;
821	821	(5) prizes;
822	822	(6) stated rental or mortgage and insurance expenses;
823	823	(7) bookkeeping, legal, or accounting services
824	824	related to bingo;
825	825	(8) fees for callers, cashiers, ushers, janitorial
826	826	services, and utility supplies and services;
827	827	(9) license fees;
828	828	(10) attending a bingo seminar or convention required
829	829	under Section 2001.107; and
830	830	(11) debit card transaction fees and electronic funds
831	831	transfer fees.
832	832	SECTION 36. Section 2001.459(a), Occupations Code, is
833	833	amended to read as follows:
834	834	(a) The following items of expense incurred or paid in
835	835	connection with the conduct of bingo must be paid from an
836	836	organization's bingo account:
837	837	(1) advertising, including the cost of printing bingo
838	838	gift certificates;
839	839	(2) security during a bingo occasion;
840	840	(3) the purchase or repair of bingo supplies and
841	841	equipment;
842	842	(4) prizes, other than authorized cash prizes;
843	843	(5) stated rental expenses;
844	844	(6) bookkeeping, legal, or accounting services;
845	845	(7) fees for callers, cashiers, and ushers;
846	846	(8) janitorial services; and
847	847	(9) license fees[; and
848	848	[(10) payment for services provided by a system
849	849	service provider].
850	850	SECTION 37. Section 2001.502, Occupations Code, is amended
851	851	to read as follows:
852	852	Sec. 2001.502. PRIZE FEE. A licensed authorized
853	853	organization shall:
854	854	(1) collect from a person who wins a bingo prize of
855	855	more than $5 a fee in the amount of five percent of the amount or
856	856	value of the prize; and
857	857	(2) remit to the commission a fee in the amount of five
858	858	percent of the amount or value of all bingo prizes awarded.
859	859	SECTION 38. Sections 2001.505(a) and (b), Occupations Code,
860	860	are amended to read as follows:
861	861	(a) A licensed authorized organization conducting bingo
862	862	shall submit quarterly to the commission [and to the comptroller] a
863	863	report under oath stating:
864	864	(1) the amount of the gross receipts derived from
865	865	bingo;
866	866	(2) each item of expense incurred or paid;
867	867	(3) each item of expenditure made or to be made, the
868	868	name and address of each person to whom each item has been paid or is
869	869	to be paid, and a detailed description of the merchandise purchased
870	870	or the services rendered;
871	871	(4) the net proceeds derived from bingo;
872	872	(5) the use to which the proceeds have been or are to
873	873	be applied; and
874	874	(6) a list of prizes offered and given, with their
875	875	respective values.
876	876	(b) A license holder shall[:
877	877	[(1)] maintain records to substantiate the contents of
878	878	each report[; and
879	879	[(2) furnish a copy of each report to the appropriate
880	880	governing body].
881	881	SECTION 39. Section 2001.603(b), Occupations Code, is
882	882	amended to read as follows:
883	883	(b) Not later than the 21st [14th] day after the date on
884	884	which the report is issued, the director shall give written notice
885	885	of the report to the person alleged to have committed the violation.
886	886	SECTION 40. Sections 2001.656(a), (b), and (d), Occupations
887	887	Code, are amended to read as follows:
888	888	(a) If a majority of the qualified voters voting on the
889	889	question in a legalization election vote in favor of legalization,
890	890	bingo is legalized throughout the political subdivision beginning
891	891	on the 14th [10th] day after the date the result of the election is
892	892	officially declared, except as otherwise provided as to a part of
893	893	the political subdivision for which Section 2001.657 requires a
894	894	contrary status.
895	895	(b) If a majority of the qualified voters voting on the
896	896	question in a prohibitory election vote in favor of prohibition,
897	897	bingo is prohibited throughout the political subdivision beginning
898	898	on the 14th [10th] day after the date the result of the election is
899	899	officially declared, except as otherwise provided as to a part of
900	900	the political subdivision for which Section 2001.657 requires a
901	901	contrary status.
902	902	(d) The governing body of a political subdivision in which a
903	903	bingo election has been held shall not later than the 14th [10th]
904	904	day after the date of the election give written notification to the
905	905	commission of the results of the election. If as a result of the
906	906	election bingo is legalized in the political subdivision, the
907	907	governing body shall furnish the commission with a map prepared by
908	908	the governing body indicating the boundaries of the political
909	909	subdivision in which bingo may be conducted.
910	910	SECTION 41. Section 411.108, Government Code, is amended by
911	911	adding Subsection (a-1) and amending Subsection (b) to read as
912	912	follows:
913	913	(a-1) The Texas Lottery Commission is entitled to obtain
914	914	from the department criminal history record information maintained
915	915	by the department that relates to a person licensed under Chapter
916	916	2001, Occupations Code, or described by Section 2001.3025,
917	917	Occupations Code.
918	918	(b) Criminal history record information obtained by the
919	919	commission under Subsection (a) or (a-1) may not be released or
920	920	disclosed to any person except on court order or as provided by
921	921	Subsection (c).
922	922	SECTION 42. The following provisions of the Occupations
923	923	Code are repealed:
924	924	(1) Sections 2001.002(3) and (10);
925	925	(2) Section 2001.057(b);
926	926	(3) Section 2001.160(c);
927	927	(4) Section 2001.161(a);
928	928	(5) Section 2001.303;
929	929	(6) Section 2001.402(b);
930	930	(7) Section 2001.406(c);
931	931	(8) Section 2001.417;
932	932	(9) Section 2001.457(d);
933	933	(10) Section 2001.505(c);
934	934	(11) Section 2001.553(b); and
935	935	(12) Subchapter F, Chapter 2001.
936	936	SECTION 43. The Texas Lottery Commission shall adopt the
937	937	rules required by Chapter 2001, Occupations Code, as amended by
938	938	this Act, not later than April 1, 2010.
939	939	SECTION 44. (a) If on or after the effective date of this
940	940	Act a licensed authorized organization has a balance in its bingo
941	941	account of more than the maximum amount of operating capital
942	942	allowed by Chapter 2001, Occupations Code, as amended by this Act,
943	943	the organization shall distribute the funds in excess of the
944	944	organization's maximum operating capital allowed by Chapter 2001,
945	945	Occupations Code, as amended by this Act, not later than:
946	946	(1) the first anniversary of the effective date of
947	947	this Act if the excess amount is less than 200 percent of the
948	948	maximum amount of operating capital;
949	949	(2) the second anniversary of the effective date of
950	950	this Act if the excess amount is 200 percent or more but less than
951	951	300 percent of the maximum amount of operating capital; or
952	952	(3) the third anniversary of the effective date of
953	953	this Act if the excess amount is 300 percent or more of the maximum
954	954	amount of operating capital.
955	955	(b) The Texas Lottery Commission may waive the requirements
956	956	of Subsection (a) of this section on application and a showing of
957	957	good cause by a licensed authorized organization.
958	958	(c) This section expires January 1, 2013.
959	959	SECTION 45. This Act takes effect October 1, 2009.
960	960	______________________________ ______________________________
961	961	President of the Senate Speaker of the House
962	962	I certify that H.B. No. 1474 was passed by the House on May 1,
963	963	2009, by the following vote: Yeas 125, Nays 16, 1 present, not
964	964	voting.
965	965	______________________________
966	966	Chief Clerk of the House
967	967	I certify that H.B. No. 1474 was passed by the Senate on May
968	968	26, 2009, by the following vote: Yeas 30, Nays 1.
969	969	______________________________
970	970	Secretary of the Senate
971	971	APPROVED: _____________________
972	972	Date
973	973	_____________________
974	974	Governor