By: Thompson, Guillen H.B. No. 2728
(Senate Sponsor - Van de Putte)
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on State
Affairs; May 23, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 1;
May 23, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2728 By: Van de Putte
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(8-a), Occupations Code, is
amended to read as follows:
(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. 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 3. 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 4. 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.
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