By: Thompson, Guillen H.B. No. 2728
A BILL TO BE ENTITLED
AN ACT
relating to the operation and regulation of charitable bingo.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.002, Occupations Code, is amended
by adding Subdivision (6-a) and amending Subdivision (8-a) to read
as follows:
(6-a) "Card-minding device player account value"
means the amount of money accounted for by a card-minding device
that is the sum of:
(A) money deposited to a player's account through
a point-of-sale transaction;
(B) credits to the player's account as a bingo
prize for winning a game of bingo; and
(C) deductions from the player's account for
authorized purchases made by the player or in exchanging the value
of the account for money at the request of the player.
(8-a) "Crime of moral turpitude" means:
(A) a felony;
(B) a gambling offense;
(C) criminal fraud;
(D) forgery;
(E) theft;
(F) an offense that involves knowingly filing
false information with a governmental agency; or
(G) any [offense that:
[(i) is classified in this state as a] Class
A misdemeanor defined by another state law as a crime of moral
turpitude [; and
[(ii) puts the honesty and integrity of the
individual who committed the offense in question].
SECTION 2. Section 2001.103(e), Occupations Code, is
amended to read as follows:
(e) Notwithstanding Subsection (c), an authorized
organization that holds an annual license to conduct bingo may
receive not more than 36 [24] temporary licenses during the
12-month period following the issuance or renewal of the
license. The holder of a license that is effective for two years
may receive not more than 36 [24] temporary licenses for each
12-month period that ends on an anniversary of the date the license
was issued or renewed.
SECTION 3. Sections 2001.160(a), (b), (e), and (f),
Occupations Code, are amended to read as follows:
(a) On approval by the commission, a [A] licensed commercial
lessor may [not] transfer a commercial lessor license [except as
provided by this section.
[(b) A transfer of a commercial lessor license under this
section may be made only with the prior approval of the commission.
The commission shall approve the transfer under this section] if
the person to whom the license will be transferred otherwise meets
the requirements of this subchapter [section].
(e) Unless the commission revokes or suspends the license
under this chapter, or an injunction is issued under this section, a
licensed authorized organization that conducts bingo lawfully at
premises under a license to which Subsection (d) applies may
continue conducting bingo at the premises after the death or
incapacity of the commercial lessor license holder.
(f) On the showing by the commission of a cause that would be
sufficient for the commission to revoke or suspend [obtain] a
license under this chapter or an applicable commission rule
[suspension under Section 2001.355], a district court in the county
for which a commercial lessor license was issued or the commission
by order may temporarily or permanently enjoin the conduct of bingo
at premises under a license to which Subsection (d) applies.
SECTION 4. Section 2001.409, Occupations Code, is amended
by adding Subsections (b), (c), and (d) to read as follows:
(b) A bingo player may use a card-minding device player
account value to purchase bingo cards.
(c) A licensed authorized organization that conducts bingo
may use a card-minding device to calculate and display a
card-minding device player account value.
(d) A licensed authorized organization may pay a bingo
player an amount equal to a card-minding device player account
value for that player only through a point-of-sale transaction.
SECTION 5. Section 2001.420(b), Occupations Code, is
amended to read as follows:
(b) A [For bingo games other than pull-tab bingo, a] person
may not offer or award on a single bingo occasion prizes with an
aggregate value of more than $2,500 for all bingo games other than:
(1) pull-tab bingo; or
(2) bingo games that award individual prizes of $25 or
less.
SECTION 6. The change in law made by this Act to Section
2001.160, Occupations Code, applies to a license to operate bingo
gaming issued under Chapter 2001, Occupations Code, regardless of
whether the license was issued before, on, or after the effective
date of this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.