Texas 2019 - 86th Regular

Texas House Bill HB914 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 914
	1	+	By: Thompson of Harris, et al. H.B. No. 914
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House May 1, 2019;
	4	+	May 1, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 17, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 17, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 914 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the regulation of bingo games.
6	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	16		SECTION 1. Sections 2001.305(b) and (c), Occupations Code,
8	17		are amended to read as follows:
9	18		(b) Immediately after issuing [receiving] a license, the
10	19		commission [a license holder] shall send a copy of the license to
11	20		the appropriate governing body. The governing body shall file the
12	21		copy of the license in a central file containing licenses issued
13	22		under this chapter.
14	23		(c) Not later than the 10th day after the date a license is
15	24		issued, the commission [license holder] shall give written notice
16	25		of the issuance of the license to:
17	26		(1) the police department of the municipality in which
18	27		bingo will be conducted, if bingo is to be conducted in a
19	28		municipality; or
20	29		(2) the sheriff of the county in which bingo will be
21	30		conducted, if bingo is to be conducted outside a municipality.
22	31		SECTION 2. Section 2001.313(h), Occupations Code, is
23	32		amended to read as follows:
24	33		(h) A licensed authorized organization may employ an
25	34		individual who is not on the registry established by this section as
26	35		an operator, manager, cashier, usher, caller, or salesperson on a
27	36		provisional basis if the individual is awaiting the results of a
28	37		background check by the commission:
29	38		(1) for a period not to exceed 30 [14] days if the
30	39		individual is a resident of this state; or
31	40		(2) for a period to be established by commission rule
32	41		if the individual is not a resident of this state.
33	42		SECTION 3. Section 2001.419, Occupations Code, is amended
34	43		by amending Subsections (d) and (e) and adding Subsection (f) to
35	44		read as follows:
36	45		(d) If more than one bingo occasion is conducted at the same
37	46		premises on the same day:
38	47		(1) the bingo occasions must be announced separately;
39	48		(2) the licensed times may not overlap; and
40	49		(3) notwithstanding Subsection (e), bingo cards may be
41	50		sold during a bingo occasion for play during a subsequent bingo
42	51		occasion that is scheduled to begin at the same premises in not more
43	52		than eight hours after the sale of cards for the subsequent occasion
44	53		begins.
45	54		(e) Bingo cards, pull-tab bingo tickets, and the use of
46	55		card-minding devices [paper] for a bingo occasion may be sold at the
47	56		licensed premises at any time beginning one hour before the bingo
48	57		occasion and ending at the conclusion of the bingo occasion
49	58		[begins].
50	59		(f) If pull-tab bingo tickets are sold by one licensed
51	60		authorized organization that conducts consecutive bingo occasions
52	61		during one day, the organization may account for and report all of
53	62		the pull-tab bingo ticket sales for the occasions as sales for the
54	63		final occasion.
55	64		SECTION 4. Section 2001.451(b), Occupations Code, is
56	65		amended to read as follows:
57	66		(b) Except as provided by Section 2001.502(a), a [A]
58	67		licensed authorized organization shall deposit in the bingo account
59	68		all funds derived from the conduct of bingo, less the amount awarded
60	69		as cash prizes under Sections 2001.420(a) and (b). Except as
61	70		provided by Subsection (b-1), a deposit must be made not later than
62	71		the third [second] business day after the day of the bingo occasion
63	72		on which the receipts were obtained.
64	73		SECTION 5. Section 2001.502, Occupations Code, is amended
65	74		to read as follows:
66	75		Sec. 2001.502. PRIZE FEE. (a) A licensed authorized
67	76		organization or unit as defined by Section 2001.431 shall :
68	77		(1) collect from a person who wins a cash bingo prize
69	78		of more than $5 a fee in the amount of five percent of the amount [or
70	79		value] of the prize ; and
71	80		(2) except as otherwise provided by this section,
72	81		remit to the commission the amount of the [a] fee collected under
73	82		Subdivision (1) [in the amount of five percent of the amount or
74	83		value of all bingo prizes of more than $5 awarded].
75	84		(b) Notwithstanding Subsection (a)(2), each quarter, a
76	85		licensed authorized organization or unit that collects a prize fee
77	86		under Subsection (a) for a bingo game conducted in a county or
78	87		municipality that was entitled to receive a portion of a bingo prize
79	88		fee as of January 1, 2019, shall remit 50 percent of the amount
80	89		collected as the prize fee to the commission and:
81	90		(1) if the county or municipality in which the bingo
82	91		game is conducted voted before November 1, 2019, to impose the prize
83	92		fee, remit 50 percent of the amount collected as the prize fee to:
84	93		(A) the county that voted to impose the fee by
85	94		that date, provided the location at which the bingo game is
86	95		conducted is not within the boundaries of a municipality that voted
87	96		to impose the prize fee by that date;
88	97		(B) the municipality that voted to impose the fee
89	98		by that date, provided the county in which the bingo game is
90	99		conducted did not vote to impose the fee by that date; or
91	100		(C) in equal shares, the county and the
92	101		municipality, provided each voted to impose the fee before that
93	102		date; or
94	103		(2) if neither the county or municipality in which the
95	104		bingo game is conducted voted before November 1, 2019, to impose the
96	105		prize fee, deposit the remainder of the amount collected as the
97	106		prize fee in the general charitable fund of the organization or on a
98	107		pro rata basis to the general funds of the organizations comprising
99	108		the unit, as applicable, to be used for the charitable purposes of
100	109		the organization or organizations.
101	110		(c) The governing body of a county or municipality that
102	111		voted to impose a prize fee under Subsection (b)(1) may at any time
103	112		vote to discontinue the imposition of the fee. If a county or
104	113		municipality votes on or after November 1, 2019, to discontinue the
105	114		fee, the fees to which the county or municipality, as applicable,
106	115		was entitled before the vote shall be collected by the licensed
107	116		authorized organization or unit as defined by Section 2001.431 and
108	117		deposited as provided by Subsection (b)(2).
109	118		(d) A fee collected under Subsection (a) does not apply to:
110	119		(1) a merchandise prize awarded as a prize for winning
111	120		a bingo game, including a bingo card, a pull-tab bingo ticket, a
112	121		bingo dauber, or other bingo merchandise; or
113	122		(2) the use of a card-minding device awarded as a prize
114	123		for winning a bingo game.
115	124		SECTION 6. Section 2001.504(a), Occupations Code, is
116	125		amended to read as follows:
117	126		(a) A fee on prizes authorized or imposed under this
118	127		subchapter is due and is payable by the license holder or a person
119	128		conducting bingo without a license to the commission and county or
120	129		municipality, as applicable, quarterly on or before the 25th day of
121	130		the month succeeding each calendar quarter.
122	131		SECTION 7. The heading to Section 2001.507, Occupations
123	132		Code, is amended to read as follows:
124	133		Sec. 2001.507. COLLECTION AND DEPOSIT [DISBURSEMENT] OF
125	134		PRIZE FEE.
126	135		SECTION 8. Section 2001.507, Occupations Code, is amended
127	136		by amending Subsection (a) and adding Subsection (a-1) to read as
128	137		follows:
129	138		(a) The commission shall deposit the revenue collected from
130	139		the fee on prizes imposed by Section 2001.502 to the credit of [a
131	140		special account in] the general revenue fund.
132	141		(a-1) The revenue collected by the commission from the fee
133	142		on prizes imposed by Section 2001.502 is considered miscellaneous
134	143		revenue for purposes of appropriations made to the commission under
135	144		the General Appropriations Act for the administration of this
136	145		chapter.
137	146		SECTION 9. Section 404.073(c), Government Code, is amended
138	147		to read as follows:
139	148		(c) Interest that has been and that will be accrued or
140	149		earned from deposits made under a law to which this subsection
141	150		applies is state funds not subject to allocation or distribution to
142	151		taxing units, cities, or transportation authorities under that law.
143	152		This subsection applies to:
144	153		(1) Section 205.02, Alcoholic Beverage Code;
145	154		(2) [Section 2001.507, Occupations Code;
146	155		[(3)] Section 403.105(d) of this code;
147	156		(3) [(4)] Sections 321.501 and 321.504, Tax Code;
148	157		(4) [(5)] Sections 322.301 and 322.304, Tax Code; and
149	158		(5) [(6)] Sections 323.501 and 323.504, Tax Code.
150	159		SECTION 10. The following provisions of the Occupations
151	160		Code are repealed:
152	161		(1) Section 2001.103(a-1);
153	162		(2) Section 2001.104;
154	163		(3) Section 2001.313(b-3);
155	164		(4) Section 2001.437(i);
156	165		(5) Section 2001.503; and
157	166		(6) Sections 2001.507(b), (c), (d), (e), (f), (g),
158	167		(h), and (i).
159	168		SECTION 11. (a) A county or municipality may receive a
160	169		portion of the prize fee collected under Section 2001.502,
161	170		Occupations Code, as amended by this Act, after the effective date
162	171		of this Act only if:
163	172		(1) the county or municipality was entitled to receive
164	173		a portion of a bingo prize fee as of January 1, 2019; and
165	174		(2) the governing body of the county or municipality:
166	175		(A) by majority vote of the members of the
167	176		governing body approves the continued receipt of funds under that
168	177		section and notifies the Texas Lottery Commission of that decision
169	178		not later than November 1, 2019; and
170	179		(B) notifies each licensed authorized
171	180		organization within the county's or municipality's jurisdiction, as
172	181		applicable, of the continued imposition of the fee.
173	182		(b) Not later than October 1, 2019, the Texas Lottery
174	183		Commission shall notify the governing body of a county or
175	184		municipality that was entitled to receive a portion of the prize fee
176	185		collected under Section 2001.502, Occupations Code, as that section
177	186		existed immediately before the effective date of this Act, of the
178	187		requirements for continued receipt of the prize fee under that
179	188		section as provided in Subsection (a) of this section.
180	189		SECTION 12. Section 2001.305, Occupations Code, as amended
181	190		by this Act, applies only to an authorized organization license or a
182	191		commercial lessor license that is issued under Chapter 2001,
183	192		Occupations Code, on or after the effective date of this Act. An
184	193		authorized organization license or a commercial lessor license
185	194		issued before the effective date of this Act is governed by the law
186	195		as it existed immediately before the effective date of this Act, and
187	196		that law is continued in effect for that purpose.
188	197		SECTION 13. (a) Except as otherwise provided by Subsection
189	198		(b) of this section, this Act takes effect January 1, 2020.
190	199		(b) The following provisions take effect September 1, 2019:
191	200		(1) Section 2001.502(c), Occupations Code, as added by
192	201		this Act;
193	202		(2) Section 2001.507(a), Occupations Code, as amended
194	203		by this Act; and
195	204		(3) Section 2001.507(a-1), Occupations Code, as added
196	205		by this Act.
197		-	______________________________ ______________________________
198		-	President of the Senate Speaker of the House
199		-	I certify that H.B. No. 914 was passed by the House on April
200		-	30, 2019, by the following vote: Yeas 137, Nays 8, 2 present, not
201		-	voting; and that the House concurred in Senate amendments to H.B.
202		-	No. 914 on May 24, 2019, by the following vote: Yeas 102, Nays 37,
203		-	2 present, not voting.
204		-	______________________________
205		-	Chief Clerk of the House
206		-	I certify that H.B. No. 914 was passed by the Senate, with
207		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
208		-	0.
209		-	______________________________
210		-	Secretary of the Senate
211		-	APPROVED: __________________
212		-	Date
213		-	__________________
214		-	Governor
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