| 1 | 1 | | 85R11543 DMS-D |
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| 2 | 2 | | By: Bell H.B. No. 446 |
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| 3 | 3 | | Substitute the following for H.B. No. 446: |
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| 4 | 4 | | By: Goldman C.S.H.B. No. 446 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to refunds of certain bingo licensing and registration |
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| 10 | 10 | | fees. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2001.103, Occupations Code, is amended |
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| 13 | 13 | | by adding Subsection (a-1) to read as follows: |
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| 14 | 14 | | (a-1) On request, the commission shall refund to an |
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| 15 | 15 | | authorized organization the $25 temporary license fee submitted |
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| 16 | 16 | | under Subsection (a) not later than the 30th day after the date the |
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| 17 | 17 | | commission receives the request for the refund, if: |
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| 18 | 18 | | (1) the authorized organization does not use the |
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| 19 | 19 | | temporary license to conduct bingo before the first anniversary of |
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| 20 | 20 | | the date of the license's issuance; or |
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| 21 | 21 | | (2) the authorized organization requests withdrawal |
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| 22 | 22 | | of the application before the temporary license is issued, except |
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| 23 | 23 | | the commission may retain an amount not to exceed 50 percent of the |
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| 24 | 24 | | license fee to defray any administrative cost incurred by the |
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| 25 | 25 | | commission in processing the application. |
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| 26 | 26 | | SECTION 2. Section 2001.104, Occupations Code, is amended |
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| 27 | 27 | | by adding Subsection (f) to read as follows: |
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| 28 | 28 | | (f) The commission shall refund the fee for an initial or |
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| 29 | 29 | | renewal license to conduct bingo if the applicant requests |
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| 30 | 30 | | withdrawal of the application before the license is issued or if the |
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| 31 | 31 | | commission denies the application, except the commission may retain |
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| 32 | 32 | | an amount not to exceed the lesser of 50 percent of the license fee |
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| 33 | 33 | | or $150 to defray any administrative cost incurred by the |
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| 34 | 34 | | commission in processing the application. The commission shall |
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| 35 | 35 | | issue the refund not later than the 30th day after the date the |
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| 36 | 36 | | commission receives the withdrawal request or denies the |
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| 37 | 37 | | application. |
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| 38 | 38 | | SECTION 3. Section 2001.158, Occupations Code, is amended |
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| 39 | 39 | | by adding Subsection (e) to read as follows: |
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| 40 | 40 | | (e) The commission shall refund the fee for an initial or |
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| 41 | 41 | | renewal commercial lessor license if the applicant requests |
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| 42 | 42 | | withdrawal of the application before the license is issued or if the |
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| 43 | 43 | | commission denies the application, except the commission may retain |
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| 44 | 44 | | an amount not to exceed the lesser of 50 percent of the license fee |
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| 45 | 45 | | or $150 to defray any administrative cost incurred by the |
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| 46 | 46 | | commission in processing the application. The commission shall |
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| 47 | 47 | | issue the refund not later than the 30th day after the date the |
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| 48 | 48 | | commission receives the withdrawal request or denies the |
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| 49 | 49 | | application. |
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| 50 | 50 | | SECTION 4. Section 2001.205, Occupations Code, is amended |
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| 51 | 51 | | by adding Subsection (c) to read as follows: |
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| 52 | 52 | | (c) The commission shall refund the fee for an initial or |
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| 53 | 53 | | renewal manufacturer's license if the applicant requests |
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| 54 | 54 | | withdrawal of the application before the license is issued or if the |
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| 55 | 55 | | commission denies the application, except the commission may retain |
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| 56 | 56 | | an amount not to exceed the lesser of 50 percent of the license fee |
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| 57 | 57 | | or $150 to defray any administrative cost incurred by the |
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| 58 | 58 | | commission in processing the application. The commission shall |
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| 59 | 59 | | issue the refund not later than the 30th day after the date the |
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| 60 | 60 | | commission receives the withdrawal request or denies the |
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| 61 | 61 | | application. |
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| 62 | 62 | | SECTION 5. Section 2001.209, Occupations Code, is amended |
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| 63 | 63 | | by adding Subsection (c) to read as follows: |
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| 64 | 64 | | (c) The commission shall refund the fee for an initial or |
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| 65 | 65 | | renewal distributor's license if the applicant requests withdrawal |
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| 66 | 66 | | of the application before the license is issued or if the commission |
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| 67 | 67 | | denies the application, except the commission may retain an amount |
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| 68 | 68 | | not to exceed the lesser of 50 percent of the license fee or $150 to |
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| 69 | 69 | | defray any administrative cost incurred by the commission in |
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| 70 | 70 | | processing the application. The commission shall issue the refund |
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| 71 | 71 | | not later than the 30th day after the date the commission receives |
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| 72 | 72 | | the withdrawal request or denies the application. |
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| 73 | 73 | | SECTION 6. Section 2001.306, Occupations Code, is amended |
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| 74 | 74 | | by adding Subsection (f) to read as follows: |
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| 75 | 75 | | (f) The commission shall refund the fee for amending a |
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| 76 | 76 | | license issued under this chapter if the applicant requests |
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| 77 | 77 | | withdrawal of the amendment application before the amended license |
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| 78 | 78 | | is issued or if the commission denies the amendment application, |
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| 79 | 79 | | except the commission may retain an amount not to exceed 50 percent |
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| 80 | 80 | | of the amendment fee to defray any administrative cost incurred by |
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| 81 | 81 | | the commission in processing the amendment application. The |
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| 82 | 82 | | commission shall issue the refund not later than the 30th day after |
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| 83 | 83 | | the date the commission receives the withdrawal request or denies |
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| 84 | 84 | | the application. |
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| 85 | 85 | | SECTION 7. Section 2001.313, Occupations Code, is amended |
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| 86 | 86 | | by adding Subsection (b-3) to read as follows: |
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| 87 | 87 | | (b-3) The commission shall refund the fee submitted under |
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| 88 | 88 | | Subsection (b-2) for an initial or renewal registration application |
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| 89 | 89 | | if the applicant requests withdrawal of the application before the |
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| 90 | 90 | | applicant is listed on the registry or if the commission denies the |
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| 91 | 91 | | registration and listing, except the commission may retain an |
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| 92 | 92 | | amount not to exceed 50 percent of the registration fee to defray |
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| 93 | 93 | | any administrative cost incurred by the commission in processing |
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| 94 | 94 | | the application. The commission shall issue the refund not later |
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| 95 | 95 | | than the 30th day after the date the commission receives the |
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| 96 | 96 | | withdrawal request or denies the application. |
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| 97 | 97 | | SECTION 8. Section 2001.437, Occupations Code, is amended |
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| 98 | 98 | | by adding Subsection (i) to read as follows: |
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| 99 | 99 | | (i) The commission shall refund the fee for an initial or |
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| 100 | 100 | | renewal unit manager license if the applicant requests withdrawal |
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| 101 | 101 | | of the application before the license is issued or if the commission |
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| 102 | 102 | | denies the application, except the commission may retain an amount |
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| 103 | 103 | | not to exceed the lesser of 50 percent of the license fee or $150 to |
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| 104 | 104 | | defray any administrative cost incurred by the commission in |
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| 105 | 105 | | processing the application. The commission shall issue the refund |
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| 106 | 106 | | not later than the 30th day after the date the commission receives |
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| 107 | 107 | | the withdrawal request or denies the application. |
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| 108 | 108 | | SECTION 9. Chapter 2001, Occupations Code, as amended by |
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| 109 | 109 | | this Act, applies only to an application and fee submitted under |
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| 110 | 110 | | that chapter on or after the effective date of this Act. An |
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| 111 | 111 | | application and fee submitted before the effective date of this Act |
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| 112 | 112 | | is governed by the law in effect on the date the application and fee |
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| 113 | 113 | | are submitted, and the former law is continued in effect for that |
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| 114 | 114 | | purpose. |
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| 115 | 115 | | SECTION 10. This Act takes effect January 1, 2018. |
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