| 1 | 1 | | 85R3658 DMS-F |
|---|
| 2 | 2 | | By: Herrero H.B. No. 4129 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to disciplinary action against bingo operators and bingo |
|---|
| 8 | 8 | | registry workers for prohibited conduct and criminal convictions. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The heading to Section 2001.353, Occupations |
|---|
| 11 | 11 | | Code, is amended to read as follows: |
|---|
| 12 | 12 | | Sec. 2001.353. DISCIPLINE OF LICENSE AND REGISTRATION |
|---|
| 13 | 13 | | HOLDERS; PROHIBITED PARTICIPATION. |
|---|
| 14 | 14 | | SECTION 2. Section 2001.353, Occupations Code, is amended |
|---|
| 15 | 15 | | by adding Subsections (e), (f), (g), (h), and (i) to read as |
|---|
| 16 | 16 | | follows: |
|---|
| 17 | 17 | | (e) The commission may not take disciplinary action against |
|---|
| 18 | 18 | | a licensed authorized organization that has on file for a person who |
|---|
| 19 | 19 | | participates in the conduct of bingo for the organization the |
|---|
| 20 | 20 | | person's criminal history record information obtained from a local |
|---|
| 21 | 21 | | law enforcement agency or the Department of Public Safety that does |
|---|
| 22 | 22 | | not contain a record of a conviction for an offense involving |
|---|
| 23 | 23 | | conduct described by Subsection (f). |
|---|
| 24 | 24 | | (f) The commission may prohibit a person from participating |
|---|
| 25 | 25 | | in the conduct of bingo for a licensed authorized organization if, |
|---|
| 26 | 26 | | after notice and a requested hearing, the person is finally |
|---|
| 27 | 27 | | determined to have: |
|---|
| 28 | 28 | | (1) been convicted of an offense described by Section |
|---|
| 29 | 29 | | 2001.105(b); |
|---|
| 30 | 30 | | (2) converted bingo equipment located in a premises to |
|---|
| 31 | 31 | | an improper use; |
|---|
| 32 | 32 | | (3) converted funds in a bingo account of an |
|---|
| 33 | 33 | | organization or funds that should have been in a bingo account of an |
|---|
| 34 | 34 | | organization; |
|---|
| 35 | 35 | | (4) taken any action, individually or in concert with |
|---|
| 36 | 36 | | another person, that affects the integrity of any bingo game to |
|---|
| 37 | 37 | | which this chapter applies; or |
|---|
| 38 | 38 | | (5) participated in any violation of this chapter or |
|---|
| 39 | 39 | | rules adopted by the commission for the administration of this |
|---|
| 40 | 40 | | chapter. |
|---|
| 41 | 41 | | (g) The commission shall immediately notify a licensed |
|---|
| 42 | 42 | | authorized organization if the commission: |
|---|
| 43 | 43 | | (1) obtains for a person who participates in the |
|---|
| 44 | 44 | | conduct of bingo for the organization criminal history record |
|---|
| 45 | 45 | | information that contains a record of a conviction involving |
|---|
| 46 | 46 | | conduct described by Subsection (f); or |
|---|
| 47 | 47 | | (2) prohibits the person from participating in the |
|---|
| 48 | 48 | | conduct of bingo for the organization under Subsection (f). |
|---|
| 49 | 49 | | (h) A licensed authorized organization that receives a |
|---|
| 50 | 50 | | notification described by Subsection (g) may not allow the person |
|---|
| 51 | 51 | | to participate in the conduct of bingo for the organization after |
|---|
| 52 | 52 | | receipt of the notification. |
|---|
| 53 | 53 | | (i) The commission may take disciplinary action against a |
|---|
| 54 | 54 | | licensed authorized organization that allows a person to |
|---|
| 55 | 55 | | participate in the conduct of bingo for the organization after the |
|---|
| 56 | 56 | | organization receives the notification required under Subsection |
|---|
| 57 | 57 | | (g). |
|---|
| 58 | 58 | | SECTION 3. Section 2001.313, Occupations Code, is repealed. |
|---|
| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|