85R11543 DMS-D
By: Bell H.B. No. 446
Substitute the following for H.B. No. 446:
By: Goldman C.S.H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to refunds of certain bingo licensing and registration
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.103, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) On request, the commission shall refund to an
authorized organization the $25 temporary license fee submitted
under Subsection (a) not later than the 30th day after the date the
commission receives the request for the refund, if:
(1) the authorized organization does not use the
temporary license to conduct bingo before the first anniversary of
the date of the license's issuance; or
(2) the authorized organization requests withdrawal
of the application before the temporary license is issued, except
the commission may retain an amount not to exceed 50 percent of the
license fee to defray any administrative cost incurred by the
commission in processing the application.
SECTION 2. Section 2001.104, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) The commission shall refund the fee for an initial or
renewal license to conduct bingo if the applicant requests
withdrawal of the application before the license is issued or if the
commission denies the application, except the commission may retain
an amount not to exceed the lesser of 50 percent of the license fee
or $150 to defray any administrative cost incurred by the
commission in processing the application. The commission shall
issue the refund not later than the 30th day after the date the
commission receives the withdrawal request or denies the
application.
SECTION 3. Section 2001.158, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The commission shall refund the fee for an initial or
renewal commercial lessor license if the applicant requests
withdrawal of the application before the license is issued or if the
commission denies the application, except the commission may retain
an amount not to exceed the lesser of 50 percent of the license fee
or $150 to defray any administrative cost incurred by the
commission in processing the application. The commission shall
issue the refund not later than the 30th day after the date the
commission receives the withdrawal request or denies the
application.
SECTION 4. Section 2001.205, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission shall refund the fee for an initial or
renewal manufacturer's license if the applicant requests
withdrawal of the application before the license is issued or if the
commission denies the application, except the commission may retain
an amount not to exceed the lesser of 50 percent of the license fee
or $150 to defray any administrative cost incurred by the
commission in processing the application. The commission shall
issue the refund not later than the 30th day after the date the
commission receives the withdrawal request or denies the
application.
SECTION 5. Section 2001.209, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission shall refund the fee for an initial or
renewal distributor's license if the applicant requests withdrawal
of the application before the license is issued or if the commission
denies the application, except the commission may retain an amount
not to exceed the lesser of 50 percent of the license fee or $150 to
defray any administrative cost incurred by the commission in
processing the application. The commission shall issue the refund
not later than the 30th day after the date the commission receives
the withdrawal request or denies the application.
SECTION 6. Section 2001.306, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) The commission shall refund the fee for amending a
license issued under this chapter if the applicant requests
withdrawal of the amendment application before the amended license
is issued or if the commission denies the amendment application,
except the commission may retain an amount not to exceed 50 percent
of the amendment fee to defray any administrative cost incurred by
the commission in processing the amendment application. The
commission shall issue the refund not later than the 30th day after
the date the commission receives the withdrawal request or denies
the application.
SECTION 7. Section 2001.313, Occupations Code, is amended
by adding Subsection (b-3) to read as follows:
(b-3) The commission shall refund the fee submitted under
Subsection (b-2) for an initial or renewal registration application
if the applicant requests withdrawal of the application before the
applicant is listed on the registry or if the commission denies the
registration and listing, except the commission may retain an
amount not to exceed 50 percent of the registration fee to defray
any administrative cost incurred by the commission in processing
the application. The commission shall issue the refund not later
than the 30th day after the date the commission receives the
withdrawal request or denies the application.
SECTION 8. Section 2001.437, Occupations Code, is amended
by adding Subsection (i) to read as follows:
(i) The commission shall refund the fee for an initial or
renewal unit manager license if the applicant requests withdrawal
of the application before the license is issued or if the commission
denies the application, except the commission may retain an amount
not to exceed the lesser of 50 percent of the license fee or $150 to
defray any administrative cost incurred by the commission in
processing the application. The commission shall issue the refund
not later than the 30th day after the date the commission receives
the withdrawal request or denies the application.
SECTION 9. Chapter 2001, Occupations Code, as amended by
this Act, applies only to an application and fee submitted under
that chapter on or after the effective date of this Act. An
application and fee submitted before the effective date of this Act
is governed by the law in effect on the date the application and fee
are submitted, and the former law is continued in effect for that
purpose.
SECTION 10. This Act takes effect January 1, 2018.