| 1 | 1 | | 81R2655 YDB-D |
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| 2 | 2 | | By: Flores H.B. No. 3808 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the criminal offense for conducting, promoting, or |
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| 8 | 8 | | administering bingo without a license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2001.551(b), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A person conducting, promoting, or administering bingo |
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| 13 | 13 | | commits an offense if the person conducts, promotes, or administers |
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| 14 | 14 | | bingo other than: |
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| 15 | 15 | | (1) under a license issued under this chapter; |
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| 16 | 16 | | (2) [within the confines of a home] for purposes of |
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| 17 | 17 | | amusement or recreation when: |
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| 18 | 18 | | (A) no player or other person furnishes anything |
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| 19 | 19 | | of [more than nominal] value as defined by rule [for the |
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| 20 | 20 | | opportunity] to participate; |
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| 21 | 21 | | [(B) participation in the game does not exceed 15 |
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| 22 | 22 | | players;] and |
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| 23 | 23 | | (B) [(C)] the prizes awarded or to be awarded are |
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| 24 | 24 | | nominal as defined by rule; |
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| 25 | 25 | | (3) on behalf of an organization of individuals 60 |
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| 26 | 26 | | years of age or over, a senior citizens' association, a senior |
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| 27 | 27 | | citizens' community center program operated or funded by a |
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| 28 | 28 | | governmental entity, the patients in a hospital or nursing home, |
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| 29 | 29 | | residents of a retirement home, or the patients in a Department of |
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| 30 | 30 | | Veterans Affairs [Veteran's Administration] medical center or a |
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| 31 | 31 | | military hospital, solely for the purpose of amusement and |
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| 32 | 32 | | recreation of its members, residents, or patients, when: |
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| 33 | 33 | | (A) no player or other person furnishes anything |
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| 34 | 34 | | of more than nominal value for the opportunity to participate; and |
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| 35 | 35 | | (B) the prizes awarded or to be awarded are |
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| 36 | 36 | | nominal; or |
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| 37 | 37 | | (4) on behalf of a business conducting the game for |
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| 38 | 38 | | promotional or advertising purposes if: |
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| 39 | 39 | | (A) the game is conducted by or through a |
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| 40 | 40 | | newspaper or a radio or television station; |
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| 41 | 41 | | (B) participation in the game is open to the |
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| 42 | 42 | | general public and is not limited to customers of the business; |
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| 43 | 43 | | (C) playing materials are furnished without |
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| 44 | 44 | | charge to a person on request; and |
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| 45 | 45 | | (D) no player is required to furnish anything of |
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| 46 | 46 | | value for the opportunity to participate. |
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| 47 | 47 | | SECTION 2. (a) The change in law made by this Act applies |
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| 48 | 48 | | only to an offense committed on or after the effective date of this |
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| 49 | 49 | | Act. For purposes of this section, an offense is committed before |
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| 50 | 50 | | the effective date of this Act if any element of the offense occurs |
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| 51 | 51 | | before that date. |
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| 52 | 52 | | (b) An offense committed before the effective date of this |
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| 53 | 53 | | Act is covered by the law in effect when the offense was committed, |
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| 54 | 54 | | and the former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2009. |
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