Texas 2009 - 81st Regular

Texas House Bill HB3815 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2661 YDB-D
2	2	By: Flores H.B. No. 3815
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation and regulation of charitable bingo.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2001.002, Occupations Code, is amended
10	10	by adding Subdivisions (4-a), (8-a), and (25-a) and amending
11	11	Subdivision (11) to read as follows:
12	12	(4-a) "Bingo chairperson" means an officer of a
13	13	licensed authorized organization who is designated in writing by
14	14	the organization as responsible for overseeing the organization's
15	15	bingo activities and reporting to the membership relating to those
16	16	activities.
17	17	(8-a) "Crime of moral turpitude" means:
18	18	(A) a felony;
19	19	(B) a gambling offense;
20	20	(C) criminal fraud;
21	21	(D) forgery;
22	22	(E) theft;
23	23	(F) an offense that involves filing false
24	24	information with a governmental agency; or
25	25	(G) any offense that:
26	26	(i) is classified in this state as a Class A
27	27	misdemeanor; and
28	28	(ii) puts the honesty and integrity of the
29	29	individual who committed the offense in question.
30	30	(11) "Fraternal organization" means any of the
31	31	following other than an organization whose members are
32	32	predominantly veterans or dependents of veterans of the armed
33	33	services of the United States:
34	34	(A) a nonprofit organization organized to
35	35	perform and engaged primarily in performing charitable,
36	36	benevolent, patriotic, employment-related, or educational
37	37	functions that meet the other requirements of this chapter; [or]
38	38	(B) a nonprofit National Historical District
39	39	Association representing the owners and lessees of a majority of
40	40	the real property located in a National Historical District
41	41	designated for not less than three [five] years by the National
42	42	Register of Historic Places, Heritage Conservation and Recreation
43	43	Service of the United States Department of the Interior, if the
44	44	association's net proceeds are used for restoration, construction,
45	45	maintenance, and security in the district; or
46	46	(C) an organization that is exempt from federal
47	47	income taxes under Section 501(a), Internal Revenue Code of 1986,
48	48	by being listed as an exempt organization under Section 501(c)(2),
49	49	(3), (4), (5), (6), (7), (8), (9), (10), or (13), Internal Revenue
50	50	Code of 1986. [The term "fraternal organization" does not include
51	51	an organization whose members are predominantly veterans or
52	52	dependents of veterans of the armed services of the United States.]
53	53	(25-a) "Regular license" means a license to conduct
54	54	bingo that is issued by the commission and that expires on the first
55	55	or second anniversary of the date of issuance unless revoked or
56	56	suspended before that date by the commission. The term includes an
57	57	annual license.
58	58	SECTION 2. Section 2001.101(a), Occupations Code, is
59	59	amended to read as follows:
60	60	(a) The commission may license a person who is an authorized
61	61	organization eligible for a license to conduct bingo if the person
62	62	is:
63	63	(1) a religious society that has existed in this state
64	64	for at least three [eight] years;
65	65	(2) a nonprofit organization:
66	66	(A) whose predominant activities are for the
67	67	support of medical research or treatment programs; and
68	68	(B) that for at least three years:
69	69	(i) must have had a governing body or
70	70	officers elected by a vote of members or by a vote of delegates
71	71	elected by the members; or
72	72	(ii) must have been affiliated with a state
73	73	or national organization organized to perform the same purposes as
74	74	the nonprofit organization;
75	75	(3) a fraternal organization;
76	76	(4) a veterans organization that has existed in this
77	77	state for at least three years; [or]
78	78	(5) a volunteer fire department that has existed in
79	79	this state for at least three years; or
80	80	(6) a volunteer emergency medical services provider
81	81	that has existed in this state for at least three years.
82	82	SECTION 3. Sections 2001.102(a) and (b), Occupations Code,
83	83	are amended to read as follows:
84	84	(a) An applicant for a license to conduct bingo must file
85	85	with the commission an [a written, executed, and verified]
86	86	application on a form prescribed by the commission.
87	87	(b) The application must include:
88	88	(1) the name and address of the applicant;
89	89	(2) the names and addresses of the applicant's
90	90	officers and directors;
91	91	(3) the address of the premises where and the time when
92	92	the applicant intends to conduct bingo under the license sought;
93	93	(4) the name and address of the licensed commercial
94	94	lessor of the premises, if the applicant intends to lease premises
95	95	to conduct bingo from a person other than an authorized
96	96	organization;
97	97	(5) [the capacity or potential capacity for public
98	98	assembly in any premises owned or occupied by the applicant;
99	99	[(6) the amount of rent to be paid or other
100	100	consideration to be given, directly or indirectly, for each
101	101	occasion for use of the premises of another licensed authorized
102	102	organization or for use of the premises of a licensed commercial
103	103	lessor;
104	104	[(7) all other items of expense intended to be
105	105	incurred or paid in connection with conducting, promoting, and
106	106	administering bingo and the names and addresses of the persons to
107	107	whom, and the purposes for which, the expenses are to be paid;
108	108	[(8) the specific purposes to and the manner in which
109	109	the net proceeds of bingo are to be devoted;
110	110	[(9)] a statement that the net proceeds of bingo will
111	111	go to one or more of the authorized charitable purposes under this
112	112	chapter;
113	113	(6) [(10)] a designation of the organization's bingo
114	114	chairperson [one or more active members of the applicant
115	115	organization] under whom bingo will be conducted accompanied by a
116	116	statement signed by the chairperson [each designated member]
117	117	stating that the chairperson [member] will be responsible for the
118	118	conduct of bingo under the terms of the license and this chapter;
119	119	(7) [(11) a statement that a copy of the application
120	120	has been sent to the appropriate governing body;
121	121	[(12) the name and address of each person who will work
122	122	at the proposed bingo occasion, the nature of the work to be
123	123	performed, and a statement as to whether the person has been
124	124	convicted of a felony, a gambling offense, criminal fraud, or a
125	125	crime of moral turpitude; and
126	126	[(13)] sufficient facts relating to the applicant's
127	127	incorporation and organization to enable the commission to
128	128	determine whether the applicant is an authorized organization;
129	129	(8) a copy of the applicant organization's most
130	130	recently filed Internal Revenue Service Form 990, if applicable;
131	131	(9) a letter of good standing from the applicant
132	132	organization's parent organization, if the organization receives
133	133	an exemption from federal income taxes as a member of a group of
134	134	organizations;
135	135	(10) copies of the applicant organization's organizing
136	136	instruments, including any bylaws, constitution, charter, and
137	137	articles of incorporation;
138	138	(11) verification of the applicant organization's good
139	139	standing with the secretary of state if the organization is
140	140	organized under the law of this state; and
141	141	(12) information necessary to conduct criminal
142	142	background checks on the applicant organization's officers and
143	143	directors.
144	144	SECTION 4. Section 2001.103(e), Occupations Code, is
145	145	amended to read as follows:
146	146	(e) Notwithstanding Subsection (c), an authorized
147	147	organization that holds a regular license to conduct bingo may
148	148	receive not more than 24 [12] temporary licenses during the
149	149	12-month period following the issuance or renewal of the license.
150	150	SECTION 5. Sections 2001.104(b) and (d), Occupations Code,
151	151	are amended to read as follows:
152	152	(b) The commission by rule shall establish procedures to
153	153	determine if the appropriate license fee [At the end of the license
154	154	period the license holder and the commission shall compute the
155	155	amount of gross receipts actually recorded during the license
156	156	period to determine if the appropriate fee amount] was paid.
157	157	(d) An applicant shall pay the fees established under
158	158	Subsection (a) annually. An applicant for a license or renewal of a
159	159	license may obtain a license that is effective for two years by
160	160	paying an amount equal to two times the amount of the annual license
161	161	fee, or by paying the license fee for the first year at the time the
162	162	applicant submits the application and the fee for the second year
163	163	not later than the first anniversary of the date the license becomes
164	164	effective [plus $25].
165	165	SECTION 6. Section 2001.105(b), Occupations Code, is
166	166	amended to read as follows:
167	167	(b) The commission may not issue a license to an authorized
168	168	organization to conduct bingo if an officer or director of the
169	169	organization has been convicted of a felony, criminal fraud, a
170	170	gambling or gambling-related offense, or a crime of moral turpitude
171	171	if less than 10 years has elapsed since the termination of a
172	172	sentence, parole, mandatory supervision, or community supervision
173	173	served for the offense.
174	174	SECTION 7. Section 2001.106, Occupations Code, is amended
175	175	to read as follows:
176	176	Sec. 2001.106. FORM AND CONTENTS OF LICENSE. A license to
177	177	conduct bingo must include:
178	178	(1) the name and address of the license holder;
179	179	(2) the names and addresses of the member or members of
180	180	the license holder under whom the bingo will be conducted; and
181	181	(3) the address [an indication] of the premises where
182	182	and the time when bingo is to be conducted[;
183	183	[(4) the specific purposes to which the net proceeds
184	184	of bingo are to be devoted; and
185	185	[(5) a statement of whether a prize is to be offered
186	186	and the amount of any authorized prize].
187	187	SECTION 8. Section 2001.107(a), Occupations Code, is
188	188	amended to read as follows:
189	189	(a) Unless the organization is a member of a unit that
190	190	designates a unit manager under Section 2001.437, the bingo
191	191	chairperson for a licensed authorized organization [The person
192	192	designated under Section 2001.102(b)(10)] shall complete the
193	193	[eight hours of] training required [as provided] by commission
194	194	rule. For a unit operating under Subchapter I-1, the unit manager
195	195	shall complete the training if the unit designates a unit manager
196	196	under Section 2001.437.
197	197	SECTION 9. Sections 2001.158(b) and (d), Occupations Code,
198	198	are amended to read as follows:
199	199	(b) The commission by rule shall establish procedures for
200	200	determining if the appropriate license fee [At the end of the
201	201	license period, the license holder and the commission shall compute
202	202	the amount of the gross rentals actually recorded during the
203	203	license period to determine if the appropriate fee amount] was
204	204	paid.
205	205	(d) An applicant for a commercial lessor license shall pay
206	206	the fees established under Subsection (a) annually. An applicant
207	207	for a license or renewal of a license may obtain a license that is
208	208	effective for two years by paying an amount equal to two times the
209	209	amount of the annual license fee, or by paying the license fee for
210	210	the first year at the time the applicant submits the application and
211	211	the license fee for the second year not later than the first
212	212	anniversary of the date the license becomes effective [plus $25].
213	213	SECTION 10. The heading to Section 2001.159, Occupations
214	214	Code, is amended to read as follows:
215	215	Sec. 2001.159. LICENSE ISSUANCE OR RENEWAL.
216	216	SECTION 11. Section 2001.159(a), Occupations Code, is
217	217	amended to read as follows:
218	218	(a) The commission shall issue or renew a commercial lessor
219	219	license if the commission determines that:
220	220	(1) the applicant has paid the license fee as provided
221	221	by Section 2001.158;
222	222	(2) the applicant qualifies to be licensed under this
223	223	chapter;
224	224	(3) [the applicant satisfies the requirements for a
225	225	commercial lessor under this subchapter;
226	226	[(4)] the rent to be charged is fair and reasonable
227	227	[and will be charged and collected in compliance with Section
228	228	2001.406];
229	229	(4) [(5) there is no diversion of the funds of the
230	230	proposed lessee from the lawful purposes under this chapter;
231	231	[(6)] the person whose signature or name appears in
232	232	the application is in all respects the real party in interest and is
233	233	not an undisclosed agent or trustee for the real party in interest;
234	234	and
235	235	(5) [(7)] the applicant will lease the premises for
236	236	the conduct of bingo in accordance with this chapter.
237	237	SECTION 12. Section 2001.203, Occupations Code, is amended
238	238	to read as follows:
239	239	Sec. 2001.203. MANUFACTURER'S LICENSE APPLICATION. (a) An
240	240	applicant for a manufacturer's license must file with the
241	241	commission an [a written verified] application on a form prescribed
242	242	by the commission.
243	243	(b) The application must include:
244	244	(1) the name and address of the applicant and the name
245	245	and address of each of its locations where bingo supplies or
246	246	equipment are manufactured;
247	247	(2) a full description of each type of bingo supply or
248	248	equipment that the applicant intends to manufacture or market in
249	249	this state and the brand name, if any, under which each item will be
250	250	sold;
251	251	(3) [the name and address of the applicant and] if the
252	252	applicant:
253	253	(A) is not a corporation, the name and home
254	254	address of each owner; or
255	255	(B) is a corporation, the name and home address
256	256	of each officer and director and each person owning more than 10
257	257	percent [or more] of a class of stock in the corporation;
258	258	(4) if the applicant is a foreign corporation or other
259	259	foreign legal entity, the name, business name and address, and
260	260	[home] address of its registered agent for service in this state;
261	261	(5) the name and address of each manufacturer,
262	262	supplier, and distributor in which the applicant has a financial
263	263	interest and the details of that financial interest, including any
264	264	indebtedness between the applicant and the manufacturer, supplier,
265	265	or distributor of $5,000 [$500] or more;
266	266	(6) information regarding whether the applicant or a
267	267	person required to be named in the application has been convicted in
268	268	this state or another state of a felony, criminal fraud, a gambling
269	269	or gambling-related offense, or a crime of moral turpitude;
270	270	(7) information regarding whether the applicant or a
271	271	person required to be named in the application is an owner, officer,
272	272	director, shareholder, agent, or employee of a licensed commercial
273	273	lessor or conducts, promotes, administers, or assists in
274	274	conducting, promoting, or administering bingo for which a license
275	275	is required by this chapter;
276	276	(8) information regarding whether the applicant or a
277	277	person required to be named in the application is a public officer
278	278	or public employee in this state;
279	279	(9) the name of each state in which the applicant is or
280	280	has been licensed to manufacture, distribute, or supply bingo
281	281	equipment or supplies, each license number, the period of time
282	282	licensed under each license, and whether a license has been
283	283	revoked, suspended, withdrawn, canceled, or surrendered and, if so,
284	284	the reasons for the action taken;
285	285	(10) information regarding whether the applicant or a
286	286	person required to be named in the application is or has been a
287	287	professional gambler or gambling promoter;
288	288	(11) the names and addresses of each manufacturer,
289	289	supplier, or distributor of bingo equipment or supplies in which
290	290	the applicant or a person required to be named in the application is
291	291	an owner, officer, shareholder, director, agent, or employee; and
292	292	(12) any other information the commission requests.
293	293	SECTION 13. Section 2001.208(b), Occupations Code, is
294	294	amended to read as follows:
295	295	(b) The application must include:
296	296	(1) the full name and address of the applicant;
297	297	(2) the name and address of each location operated by
298	298	the distributor from which bingo supplies or equipment are
299	299	distributed or at which bingo supplies or equipment are stored;
300	300	(3) if a noncorporate distributor, the name and home
301	301	address of each owner;
302	302	(4) if a corporate distributor, the name and home
303	303	address of each officer or director and of each person owning more
304	304	than [at least] 10 percent of a class of stock in the corporation;
305	305	(5) if a foreign corporation or other foreign legal
306	306	entity, the name, business name and address, and [home] address of
307	307	its registered agent for service in this state;
308	308	(6) a full description of the type of bingo supply or
309	309	equipment that the applicant intends to store or distribute in this
310	310	state and the name of the manufacturer of each item and the brand
311	311	name, if any, under which the item will be sold or marketed;
312	312	(7) the name and address of a manufacturer, supplier,
313	313	or distributor in which the applicant has a financial interest and
314	314	the details of that financial interest, including an indebtedness
315	315	between the applicant and the manufacturer, supplier, or
316	316	distributor of $5,000 [$500] or more;
317	317	(8) information regarding whether the applicant or a
318	318	person required to be named in the application has been convicted in
319	319	this state or another state of a felony, criminal fraud, a gambling
320	320	or gambling-related offense, or a crime of moral turpitude;
321	321	(9) information regarding whether the applicant or a
322	322	person required to be named in the application is an owner, officer,
323	323	director, shareholder, agent, or employee of a licensed commercial
324	324	lessor or conducts, promotes, administers, or assists in
325	325	conducting, promoting, or administering bingo for which a license
326	326	is required under this chapter;
327	327	(10) information regarding whether the applicant or a
328	328	person required to be named in the application is a public officer
329	329	or public employee in this state;
330	330	(11) the name of each state in which the applicant is
331	331	or has been licensed to manufacture, distribute, or supply bingo
332	332	equipment or supplies, each license number, the period of time
333	333	licensed under each license, and whether a license was revoked,
334	334	suspended, withdrawn, canceled, or surrendered and, if so, the
335	335	reasons for the action taken;
336	336	(12) information regarding whether the applicant or a
337	337	person required to be named in the application is or has been a
338	338	professional gambler or gambling promoter;
339	339	(13) the name and address of each manufacturer,
340	340	supplier, or distributor of bingo equipment or supplies in which
341	341	the applicant or a person required to be named in the application is
342	342	an owner, officer, shareholder, director, agent, or employee; and
343	343	(14) any other information the commission requests.
344	344	SECTION 14. Section 2001.306(c), Occupations Code, is
345	345	amended to read as follows:
346	346	(c) The holder of a license to conduct bingo may not change
347	347	the location at which it conducts bingo until it has:
348	348	(1) returned [surrendered] its original license if
349	349	available, or certified that the license is not available; and
350	350	(2) received an amended license for the new location.
351	351	SECTION 15. Section 2001.313, Occupations Code, is amended
352	352	by amending Subsections (a), (b), (d), (e), (f), and (g) and adding
353	353	Subsections (b-1), (h), and (i) to read as follows:
354	354	(a) To minimize duplicate criminal history background
355	355	checks by the commission and the costs incurred by organizations
356	356	and individuals, the commission shall maintain a registry of
357	357	individuals [persons] on whom the commission has conducted a
358	358	criminal history background check and who are approved to be
359	359	involved in the conduct of bingo or to act as a bingo operator.
360	360	(b) An individual [A person] listed in the registry may be
361	361	involved in the conduct of bingo or act as an operator at any
362	362	location at which bingo is lawfully conducted.
363	363	(b-1) An individual's listing on the registry expires on the
364	364	third anniversary of the date the individual was initially included
365	365	on the registry. The individual may renew the listing before the
366	366	expiration date. If the individual fails to renew the listing, the
367	367	commission shall remove the individual's name from the registry.
368	368	An individual whose name is removed from the registry may reapply
369	369	for listing on the registry.
370	370	(d) An individual [A person] who is not listed on the
371	371	registry established by this section may not act, and a licensed
372	372	authorized organization may not allow the individual to act, as an
373	373	operator, manager, cashier, usher, caller, bingo chairperson,
374	374	bookkeeper, or salesperson for the [a] licensed authorized
375	375	organization.
376	376	(e) The commission may refuse to add an individual's [a
377	377	person's] name to, or remove an individual's [a person's] name from,
378	378	the registry established by this section if, after notice and, if
379	379	requested by the individual, a hearing, the individual [person] is
380	380	finally determined to have:
381	381	(1) been convicted of an offense listed under Section
382	382	2001.105(b);
383	383	(2) converted bingo equipment in a premises to an
384	384	improper use;
385	385	(3) converted funds that are in, or that should have
386	386	been in, the bingo account of any licensed authorized organization;
387	387	(4) taken any action, individually or in concert with
388	388	another person, that affects the integrity of any bingo game to
389	389	which this chapter applies; [or]
390	390	(5) acted as an operator, manager, cashier, usher,
391	391	caller, bingo chairperson, bookkeeper, or salesperson for a
392	392	licensed authorized organization without being listed on the
393	393	registry established under this section;
394	394	(6) failed to provide a complete application; or
395	395	(7) participated in any violation of this chapter or
396	396	rules adopted by the commission for the administration of this
397	397	chapter.
398	398	(f) A licensed authorized organization shall report to the
399	399	commission or its designee the discovery of any conduct on the part
400	400	of an individual [a person] registered or required to be registered
401	401	under this section where there is substantial basis for believing
402	402	that the conduct would constitute grounds for removal of the
403	403	individual's [person's] name from, or refusal to add the
404	404	individual's [person's] name to, the registry established by this
405	405	section. A statement made in good faith to the commission or to an
406	406	adjudicative body in connection with any such report may not be the
407	407	basis for an action for defamation of character.
408	408	(g) An individual [A person] who has been finally determined
409	409	to have taken action prohibited by Subsection (e)(2), (3), (4),
410	410	[or] (5), (6), or (7) cannot be listed on the registry of approved
411	411	bingo workers and cannot work as a bingo worker for one year from
412	412	the date of such determination. Upon expiration of the one-year
413	413	period, the individual [person] is eligible for listing on the
414	414	registry provided a license holder [licensee] subject to this
415	415	chapter makes application to list the individual [person]. In such
416	416	event, the commission shall take into consideration the facts and
417	417	circumstances that occurred that led to the applicable action under
418	418	Subsections (e)(2)-(7) [(e)(2)-(5)] in deciding whether to list the
419	419	individual [person] on the registry.
420	420	(h) A licensed authorized organization may employ an
421	421	individual who is not on the registry established by this section as
422	422	an operator, manager, cashier, usher, caller, or salesperson on a
423	423	provisional basis if the individual is awaiting the results of a
424	424	background check by the commission:
425	425	(1) for a period not to exceed 14 days if the
426	426	individual is a resident of this state; or
427	427	(2) for a period to be established by commission rule
428	428	if the individual is not a resident of this state.
429	429	(i) An individual who has been removed from the registry
430	430	under Subsection (e) and has not subsequently been listed on the
431	431	registry under Subsection (g) may not be employed under Subsection
432	432	(h).
433	433	SECTION 16. Subchapter G, Chapter 2001, Occupations Code,
434	434	is amended by adding Sections 2001.315 and 2001.316 to read as
435	435	follows:
436	436	Sec. 2001.315. LATE LICENSE RENEWAL. (a) A person who fails
437	437	to renew the person's license under this chapter before the date the
438	438	license expires may renew the license after the expiration date by:
439	439	(1) filing a license renewal application with the
440	440	commission not later than the 14th day after the date the license
441	441	expires, paying the applicable annual license fee, and paying a
442	442	late license renewal fee equal to 10 percent of the annual license
443	443	fee; or
444	444	(2) filing a license renewal application with the
445	445	commission not later than the 60th day after the date the license
446	446	expires, paying the applicable annual license fee, and paying a
447	447	late license renewal fee equal to 10 percent of the annual license
448	448	fee for each 14-day period occurring after the date the license
449	449	expires and before the date the renewal application is filed with
450	450	the commission.
451	451	(b) A person who files a renewal application with the
452	452	commission under Subsection (a) may continue to perform the bingo
453	453	activities authorized under the license as if the license has not
454	454	expired until the license is renewed or renewal of the license is
455	455	denied.
456	456	(c) To renew a license after the 60th day after the date the
457	457	license expires, the person must file an application for an
458	458	original license and cease all bingo activities for which the
459	459	license is required as of the 61st day after the date the license
460	460	expires until a new license is issued.
461	461	Sec. 2001.316. DELIVERY OF COMMISSION NOTICE. If notice
462	462	under this chapter is required to be given to an authorized
463	463	organization, the commission shall send the notice to the bingo
464	464	chairperson of the authorized organization and to the appropriate
465	465	commercial lessor, if applicable.
466	466	SECTION 17. Section 2001.407(a), Occupations Code, is
467	467	amended to read as follows:
468	468	(a) A licensed manufacturer may furnish, by sale or
469	469	otherwise, bingo equipment or supplies to a licensed distributor.
470	470	A [Except as provided by Section 2001.257(b), a] licensed
471	471	manufacturer may not furnish, by sale or otherwise, bingo equipment
472	472	or supplies to a person other than a licensed distributor.
473	473	SECTION 18. Section 2001.411, Occupations Code, is amended
474	474	by adding Subsection (c-1) to read as follows:
475	475	(c-1) An organization may designate as members of the
476	476	organization one or more individuals who elect to become members,
477	477	including all of the organization's directors, and the designated
478	478	members are bona fide members of the organization for purposes of
479	479	this section and other law.
480	480	SECTION 19. The following provisions of the Occupations
481	481	Code are repealed:
482	482	(1) Sections 2001.002(3) and (10);
483	483	(2) Section 2001.057(b);
484	484	(3) Section 2001.160(c);
485	485	(4) Section 2001.161(a);
486	486	(5) Section 2001.204;
487	487	(6) Section 2001.305;
488	488	(7) Section 2001.553(b); and
489	489	(8) Subchapter F, Chapter 2001.
490	490	SECTION 20. The Texas Lottery Commission shall adopt the
491	491	rules required by Chapter 2001, Occupations Code, as amended by
492	492	this Act, not later than April 1, 2010.
493	493	SECTION 21. (a) The change in law made by this Act applies
494	494	only to an offense committed on or after the effective date of this
495	495	Act. For purposes of this section, an offense is committed before
496	496	the effective date of this Act if any element of the offense occurs
497	497	before that date.
498	498	(b) An offense committed before the effective date of this
499	499	Act is covered by the law in effect when the offense was committed,
500	500	and the former law is continued in effect for that purpose.
501	501	SECTION 22. This Act takes effect October 1, 2009.