reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter J. Bingo Accounts and Use of Proceeds › Section 2001.459. Expenses Paid From Bingo Account

Sec. 2001.459.  EXPENSES PAID FROM BINGO ACCOUNT.  (a)  The following items of expense incurred or paid in connection with the conduct of bingo must be paid from an organization's bingo account:
(1)  advertising, including the cost of printing bingo gift certificates;
(2)  security during a bingo occasion;
(3)  the purchase or repair of bingo supplies and equipment;
(4)  prizes, other than authorized cash prizes;
(5)  stated rental expenses;
(6)  bookkeeping, legal, or accounting services;
(7)  fees for callers, cashiers, and ushers; and
(8)  janitorial services.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 17(3), eff. September 1, 2023.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 23, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 36, eff. October 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 860 (H.B. 2578), Sec. 7, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 17(3), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.504. Payment and Reporting of Fee

Sec. 2001.504.  PAYMENT AND REPORTING OF FEE.  (a)  A fee on prizes authorized or imposed under this subchapter is due and is payable by the license holder or a person conducting bingo without a license to the commission and county or municipality, as applicable, quarterly on or before the 25th day of the month succeeding each calendar quarter.
(b)  The report of the fee on prizes must be filed under oath on forms prescribed by the commission.
(c)  The commission shall adopt rules for the payment of the fee on prizes.
(d)  A license holder required to file a report of the fee on prizes shall deliver the quarterly report with the net amount of the fee due to the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 9, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 6, eff. January 1, 2020.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.505. Report of Expenses

Sec. 2001.505.  REPORT OF EXPENSES.  (a)  A licensed authorized organization conducting bingo shall submit quarterly to the commission a report under oath stating:
(1)  the amount of the gross receipts derived from bingo;
(2)  each item of expense incurred or paid;
(3)  each item of expenditure made or to be made, the name and address of each person to whom each item has been paid or is to be paid, and a detailed description of the merchandise purchased or the services rendered;
(4)  the net proceeds derived from bingo;
(5)  the use to which the proceeds have been or are to be applied; and
(6)  a list of prizes offered and given, with their respective values.
(b)  A license holder shall  maintain records to substantiate the contents of each report.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(10), eff. October 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 38, eff. October 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 42(10), eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.506. Record of Prize Winner

Sec. 2001.506.  RECORD OF PRIZE WINNER.  The commission by rule may require a licensed authorized organization to maintain records relating to each person to whom a prize is awarded at a bingo occasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.507. Collection and Deposit of Prize Fee

Sec. 2001.507.  COLLECTION AND DEPOSIT OF PRIZE FEE.  (a)  The commission shall deposit the revenue collected from the fee on prizes imposed by Section 2001.502 to the credit of the general revenue fund.
(a-1)  The revenue collected by the commission from the fee on prizes imposed by Section 2001.502 is considered miscellaneous revenue for purposes of appropriations made to the commission under the General Appropriations Act for the administration of this chapter.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(h)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
(i)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 7, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(6), eff. January 1, 2020.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.508. Penalties for Failure to Pay or Report

Sec. 2001.508.  PENALTIES FOR FAILURE TO PAY OR REPORT.  (a)  If a person fails to file a report of the fee on prizes as required by this chapter or fails to pay to the commission the fee on prizes imposed under this chapter when the report or payment is due, the person forfeits five percent of the amount due as a penalty, and after the first 30 days, the person forfeits an additional five percent.
(b)  A delinquent payment of the fee on prizes accrues interest at the rate provided by Section 111.060, Tax Code, beginning on the 60th day after the due date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.509. Recomputation of Prize Fee

Sec. 2001.509.  RECOMPUTATION OF PRIZE FEE.  If the commission is not satisfied with a report of the fee on prizes or the amount of the fee on prizes required to be remitted under this chapter to the state by a person, the commission may compute and determine the amount required to be paid on the basis of:
(1)  the facts contained in the report of the fee on prizes or report of receipts and expenses; or
(2)  any information possessed by the commission or that may come into the possession of the commission, without regard to the period covered by the information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.510. Determination if No Report Made

Sec. 2001.510.  DETERMINATION IF NO REPORT MADE.  (a)  If a license holder fails to make a required report of the fee on prizes, or if a person conducts bingo without a license, the commission shall make an estimate of the prizes awarded at a bingo occasion.  The commission shall make the estimate for the period in respect to which the license holder or other person failed to make a report.
(b)  The estimate shall be based on any information covering any period possessed by the commission or that may come into the possession of the commission.
(c)  On the basis of the commission's estimate, the commission shall compute and determine the amount of the fee on prizes required to be paid to the state and shall add to that amount a penalty of 10 percent of the amount.
(d)  One or more determinations may be made under this section for one or more periods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 12, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.511. Jeopardy Determination

Sec. 2001.511.  JEOPARDY DETERMINATION.  (a)  If the commission believes that the collection of the fee on prizes, an amount of the fee on prizes required to be remitted to the state, or the amount of a determination will be jeopardized by delay, the commission shall make a determination of the fee on prizes or amount of the fee required to be collected, noting the finding of jeopardy on the determination.  The determined amount is due and payable immediately.
(b)  If a license holder against whom the determination is made does not pay the amount specified by a determination on or before the 20th day after the date of service of the determination on the license holder, the amount becomes final at the end of the 20th day unless the license holder files a petition for redetermination on or before the 20th day after service of notice of the determination.
(c)  A delinquency penalty of 10 percent of the fee on prizes or amount of the fee on prizes and interest at the rate of 10 percent a year attaches to the amount of the fee on prizes or the amount of the fee on prizes required to be collected.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.512. Application of Tax Laws

Sec. 2001.512.  APPLICATION OF TAX LAWS.  (a)  Subtitle B, Title 2, Tax Code, applies to the administration, collection, and enforcement of the fee on prizes imposed under Section 2001.502 except as modified by this chapter.
(b)  In applying the provisions of Subtitle B, Title 2, Tax Code, to the fee on prizes imposed under Section 2001.502 only, the fee on prizes is treated as if it were a tax and the powers and duties assigned to the comptroller under that subtitle are assigned to the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.514. Security

Sec. 2001.514.  SECURITY.  (a)  To secure payment due to the commission of the fee on prizes imposed under this subchapter, each license holder shall furnish to the commission:
(1)  a cash bond;
(2)  a bond from a surety company chartered or authorized to do business in this state;
(3)  certificates of deposit;
(4)  certificates of savings;
(5)  United States treasury bonds;
(6)  subject to the approval of the commission, an assignment of negotiable stocks or bonds; or
(7)  other security as the commission considers sufficient.
(b)  The commission shall set the amount of the bond or other security, taking into consideration the amount of money that has or is expected to become due from the license holder.  The amount required by the commission may not exceed three times the amount due according to the license holder's average quarterly reports.
(c)  On a license holder's failure to pay the fee on prizes imposed under this subchapter, the commission may notify the license holder and any surety of the delinquency by jeopardy or deficiency determination.  If payment is not made when due, the commission may forfeit all or part of the bond or security.
(d)  If the license holder ceases to conduct bingo and relinquishes the license holder's license, the commission shall authorize the release of all bonds and other security on a determination that no amounts of the fee on prizes remain due and payable under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 17, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter K. Prize Fees › Section 2001.515. Commission's Duties

Sec. 2001.515.  COMMISSION'S DUTIES.  The commission shall perform all functions incident to the administration, collection, enforcement, and operation of the fee on prizes imposed under this subchapter for amounts due to the commission, including any necessary reconciliation of a prize fee held by the commission that is due to a county or municipality.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 18, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.552. Fraudulent Award of Prizes; Offense

Sec. 2001.552.  FRAUDULENT AWARD OF PRIZES;  OFFENSE.  (a)  A person commits an offense if the person knowingly participates in the award of a prize to a bingo player in a manner that disregards, to any extent, the random selection of numbers or symbols.
(b)  An offense under this section is a felony of the third degree.
(c)  It is a defense to prosecution under this section that no participant in the game furnished anything of value for the opportunity to participate in the game.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.553. Unlicensed Sales; Offense

Sec. 2001.553.  UNLICENSED SALES;  OFFENSE.  (a)  A person commits an offense if a person sells or attempts to induce the sale of bingo equipment, supplies, or automated bingo services to a licensed authorized organization and the person is not licensed to do so.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(11), eff. October 1, 2009.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 42(11), eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.554. Other Offenses; Revocation of License

Sec. 2001.554.  OTHER OFFENSES;  REVOCATION OF LICENSE.  (a)  A person commits an offense and the person's license is subject to revocation under this chapter if the person:
(1)  makes a false statement or material omission in an application for a license under this chapter;
(2)  fails to maintain records that fully and accurately record each transaction connected with the conducting of bingo, the leasing of premises to be used for bingo, or the manufacture, sale, or distribution of bingo supplies or equipment;
(3)  falsifies or makes a false entry in a book or record if the entry relates to bingo, the disposition of bingo proceeds, the application of rent received by a licensed authorized organization, or the gross receipts from the manufacture, sale, or distribution of bingo supplies or equipment;
(4)  diverts or pays a portion of the net proceeds of bingo to a person except in furtherance of one or more of the lawful purposes provided by this chapter;  or
(5)  violates this chapter or a term of a license issued under this chapter.
(b)  An offense under Subsection (a)(2), (3), or (5) is a Class C misdemeanor, unless it is shown on the trial of the offense that the person has been convicted previously under this section, in which event the offense is a Class B misdemeanor.  An offense under Subsection (a)(1) or (4) is a Class A misdemeanor.  This subsection does not apply to an offense committed under Section 2001.551(b) or Section 2001.552.
(c)  A person whose license is revoked under this section may not apply for another license under this chapter before the first anniversary of the date of revocation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.555. Exemption From Prosecution

Sec. 2001.555.  EXEMPTION FROM PROSECUTION.  (a)  A person lawfully conducting or participating in bingo or permitting the conduct of bingo on premises owned or leased by the person under a license issued under this chapter is not subject to prosecution or conviction for a violation of a provision of the Penal Code or other law or ordinance to the extent that the person's action is specifically authorized by this chapter.
(b)  The immunity granted under this section does not extend to a person:
(1)  knowingly conducting or participating in bingo under a license obtained by a false pretense, false statement, or material omission made in an application for license or otherwise;  or
(2)  knowingly permitting the conduct of bingo on premises owned or leased by the person under a license known to the person to have been obtained by a false pretense or statement.
(c)  A license holder under this chapter may possess paraphernalia or equipment that is required to conduct bingo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.556. Price Fixing Prohibited

Sec. 2001.556.  PRICE FIXING PROHIBITED.  (a)  A manufacturer, distributor, or supplier may not by express or implied agreement with another manufacturer or distributor fix the price at which bingo equipment or supplies used or intended to be used in connection with bingo conducted under this chapter may be sold.
(b)  The price of bingo supplies and equipment in the competitive marketplace shall be established by the manufacturer, distributor, or supplier and may not be established in concert with another manufacturer, distributor, or supplier.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.557. Inspection of Premises

Sec. 2001.557.  INSPECTION OF PREMISES.  (a) The commission, its officers or agents, or a state, municipal, or county peace officer may enter and inspect the contents of premises where:
(1)  bingo is being conducted or intended to be conducted; or
(2)  equipment used or intended for use in bingo is found.
(b)  The commission by rule shall develop and implement policies and procedures to:
(1)  prioritize the inspection of premises where bingo is being conducted or is intended to be conducted in accordance with the risk factors the commission considers important, including:
(A)  the amount of money derived from the conduct of bingo at the premises;
(B)  the compliance history of the premises; and
(C)  the amount of time that has elapsed since the date of the immediately preceding commission inspection of the premises; and
(2)  inspect premises where bingo is being conducted or is intended to be conducted in accordance with the priorities established under Subdivision (1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 39, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.558. Injunction; Civil Penalty

Sec. 2001.558.  INJUNCTION;  CIVIL PENALTY.  (a)  If the commission, the appropriate governing body, or the attorney general has reason to believe that this chapter has been or is about to be violated, the commission, the governing body, or the attorney general may petition a court for injunctive relief to restrain the violation.
(b)  Venue for an action seeking injunctive relief is in a district court in Travis County.
(c)  If the court finds that this chapter has been violated or is about to be violated, the court shall issue a temporary restraining order and, after due notice and hearing, a temporary injunction, and after a final trial, a permanent injunction to restrain the violation.
(d)  If the court finds that this chapter has been knowingly violated, the court shall order all proceeds from the illegal bingo to be forfeited to the appropriate governing body as a civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.559. Remedies Not Exclusive

Sec. 2001.559.  REMEDIES NOT EXCLUSIVE.  The commission may suspend or revoke a license under Section 2001.355, impose an administrative penalty under Subchapter M, or both, depending on the severity of the violation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.560. Examination of Records; Disclosure of Information

Sec. 2001.560.  EXAMINATION OF RECORDS;  DISCLOSURE OF INFORMATION.  (a)  The governing body of the appropriate political subdivision or the attorney general may:
(1)  examine or cause to be examined the records of an authorized organization that is or has been licensed to conduct bingo, to the extent the organization's activities relate to bingo, including the maintenance, control, and disposition of net proceeds derived from bingo or from the use of its premises for bingo;  and
(2)  examine a manager, officer, director, agent, member, or employee of the organization under oath regarding:
(A)  the conduct of bingo under a license;
(B)  the use of premises;  or
(C)  the disposition of proceeds derived from bingo.
(b)  The governing body of the appropriate political subdivision or the attorney general may:
(1)  examine or cause to be examined the records of a licensed commercial lessor if the activities of the lessor may relate to leasing premises for bingo;  and
(2)  examine the lessor or a manager, officer, director, agent, or employee of the lessor under oath regarding the leasing.
(c)  The commission or a person authorized in writing by the commission may examine the books, papers, records, equipment, and place of business of a license holder and may investigate the character of the license holder's business to verify the accuracy of a return, statement, or report made, or, if no return is made by the license holder, to ascertain and determine the amount required to be paid.
(c-1)  The commission by rule shall develop a policy for auditing license holders.  The bingo division shall use audit risk analysis procedures established by the commission to:
(1)  annually identify which license holders are most at risk of violating this chapter or rules adopted under this chapter; and
(2)  develop a plan for auditing the identified license holders that includes:
(A)  a schedule for the audits of the identified license holders;
(B)  procedures to annually update the plan based on successive risk analyses; and
(C)  a completion date for each audit that is not later than the fifth anniversary of the date the license holder was identified as a candidate for audit.
(c-2)  The bingo division shall provide to the commission a copy of the auditing plan developed under Subsection (c-1).
(d)  The commission may set and charge to the license holder a fee in an amount reasonably necessary to recover the cost of an authorized investigation or audit authorized under this chapter.
(e)  If the commission determines that a person is not complying with this chapter, the commission shall notify the attorney general and the governing body of the appropriate political subdivision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 40, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter L. Enforcement › Section 2001.561. Penal Code Application

Sec. 2001.561.  PENAL CODE APPLICATION.  Section 47.08, Penal Code, applies to a prosecution for a violation of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.601. Imposition of Penalty

Sec. 2001.601.  IMPOSITION OF PENALTY.  The commission may impose an administrative penalty against a person who violates this chapter or a rule or order adopted by the commission under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.602. Amount of Penalty

Sec. 2001.602.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $1,000 for each violation.  Each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.
(b)  In determining the amount of the penalty, the director shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation;  and
(5)  any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 25, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.603. Notice of Violation and Penalty

Sec. 2001.603.  NOTICE OF VIOLATION AND PENALTY.  (a)  If, after investigating a possible violation and the facts surrounding that possible violation, the director determines that a violation has occurred, the director may issue a violation report stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative penalty be imposed on the person alleged to have committed the violation, and recommending the amount of the proposed penalty.  The director shall base the recommended amount of the proposed penalty on the seriousness of the violation determined by consideration of the factors set out in Section 2001.602(b).
(b)  Not later than the 21st day after the date on which the report is issued, the director shall give written notice of the report to the person alleged to have committed the violation.
(c)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the administrative penalty recommended;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 39, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.604. Penalty to Be Paid or Hearing Requested

Sec. 2001.604.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person may:
(1)  accept the recommendation of the director, including the recommended administrative penalty;  or
(2)  make a written request for a hearing on the determination.
(b)  If the person accepts the director's determination, the director by order shall approve the determination and impose the proposed penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 27, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.605. Hearing

Sec. 2001.605.  HEARING.  (a)  If the person timely requests a hearing or does not respond to the notice in the time provided by Section 2001.604(a), the director shall set a hearing and give notice of the hearing to the person.
(b)  The hearings examiner shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for decision as to the occurrence of the violation and the amount of the proposed penalty, if a penalty is warranted.
(c)  A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e), Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 28, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 41, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.606. Decision by Director

Sec. 2001.606.  DECISION BY DIRECTOR.  (a)  Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the director by order:
(1)  may find that a violation has occurred and may impose an administrative penalty;  or
(2)  may find that a violation has not occurred.
(b)  The director shall give notice of the order to the person.  The notice must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  the amount of any penalty imposed;
(3)  a statement of the right of the person to judicial review of the order;  and
(4)  other information required by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 29, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.607. Options Following Decision: Pay or Appeal

Sec. 2001.607.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date on which the order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the finding that a violation occurred, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the finding that a violation occurred, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty that is effective until all judicial review of the order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the director by certified mail.
(c)  On receipt of a copy of the affidavit as provided by Subsection (b)(2), the director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 30, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.608. Collection of Penalty

Sec. 2001.608.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the director may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 31, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.609. Determination by Court

Sec. 2001.609.  DETERMINATION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.610. Remittance of Penalty and Interest

Sec. 2001.610.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final:
(1)  order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  if the person posted a supersedeas bond, order the release of the bond:
(A)  if the penalty is not upheld;  or
(B)  after the person pays the reduced penalty, if the amount of the penalty is reduced.
(b)  The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter M. Administrative Penalty › Section 2001.611. Administrative Procedure

Sec. 2001.611.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.651. Ordering Election

Sec. 2001.651.  ORDERING ELECTION.  The governing body of a county, justice precinct, or municipality:
(1)  shall order and hold an election under this chapter in the appropriate political subdivision if the governing body is presented with a petition for an election that meets the requirements of this chapter;  and
(2)  may order and hold an election on its own motion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.652. Petition

Sec. 2001.652.  PETITION.  (a)  A petition for an election to legalize bingo under this chapter must have a statement substantially as follows preceding the space reserved for signatures on each page:  "This petition is to require that an election be held in (name of political subdivision) to legalize bingo games authorized under the Bingo Enabling Act."
(b)  A petition for an election to prohibit bingo under this chapter must have a statement substantially as follows preceding the space reserved for signatures on each page:  "This petition is to require that an election be held in (name of political subdivision) to prohibit bingo games authorized under the Bingo Enabling Act."
(c)  A petition is valid only if it is signed by a number of registered voters of the political subdivision equal to at least 10 percent of the number of votes received in the political subdivision by all candidates for governor in the most recent general election, or the amount specified in the document governing the administration of the political subdivision, whichever is less.  If boundaries of the political subdivision do not coincide with boundaries of election precincts in effect for that general election, the officer verifying the petition may use a reasonable method to estimate the number of votes for governor received in that election in the political subdivision.
(d)  A signer must enter beside the signer's signature the date of signing the petition.  A signature may not be counted if the signer fails to enter the date or if the date of signing is earlier than the 90th day before the date the petition is submitted to the governing body.
(e)  In addition to the signature and date of signing, the petition must include each signer's:
(1)  current voter registration number;
(2)  printed name;  and
(3)  residence address, including zip code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.653. Verification of Petition

Sec. 2001.653.  VERIFICATION OF PETITION.  (a)  Not later than the fifth day after the date the governing body receives a petition for an election, the governing body shall submit the petition for verification to the county clerk if the petition is applicable to a county or justice precinct or to the municipal secretary if the petition is applicable to a municipality.
(b)  The officer to whom the petition is submitted for verification shall determine whether the petition is signed by the required number of registered voters of the political subdivision in which the election is requested.
(c)  Not later than the 30th day after the date the petition is submitted to the officer for verification, the officer shall certify in writing to the governing body whether the petition is valid or invalid.  If the officer determines that the petition is invalid, the officer shall state all reasons for that determination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.654. Date of Election

Sec. 2001.654.  DATE OF ELECTION.  (a)  If the officer responsible for certifying a petition determines that a petition is valid, the governing body shall:
(1)  order that an election be held in the appropriate political subdivision on a date not later than the 60th day after the date of the officer's certification;  and
(2)  notify the commission by certified mail, return receipt requested, that an election has been ordered.
(b)  If a uniform election day as provided by Section 41.001(a), Election Code, does not occur within the 60-day period, the governing body shall order the election to be held on the next uniform election date provided by that section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.655. Ballot Proposition

Sec. 2001.655.  BALLOT PROPOSITION.  (a)  In an election to legalize bingo under this chapter in a political subdivision, the ballot shall be prepared to provide for voting for or against the proposition:  "Legalizing bingo games for charitable purposes as authorized by the Bingo Enabling Act in (name of political subdivision)."
(b)  In an election to prohibit bingo under this chapter in a political subdivision, the ballot shall be prepared to provide for voting for or against the proposition:  "Prohibiting bingo games for charitable purposes as authorized by the Bingo Enabling Act in (name of political subdivision)."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.656. Effect of Election

Sec. 2001.656.  EFFECT OF ELECTION.  (a)  If a majority of the qualified voters voting on the question in a legalization election vote in favor of legalization, bingo is legalized throughout the political subdivision beginning on the 14th day after the date the result of the election is officially declared, except as otherwise provided as to a part of the political subdivision for which Section 2001.657 requires a contrary status.
(b)  If a majority of the qualified voters voting on the question in a prohibitory election vote in favor of prohibition, bingo is prohibited throughout the political subdivision beginning on the 14th day after the date the result of the election is officially declared, except as otherwise provided as to a part of the political subdivision for which Section 2001.657 requires a contrary status.
(c)  If a majority of the qualified voters voting on the question in a legalization election do not favor legalization, or if a majority of the qualified voters voting on the question in a prohibitory election do not favor prohibition, the election has no effect on the status under this chapter of the political subdivision in which the election is held.
(d)  The governing body of a political subdivision in which a bingo election has been held shall not later than the 14th day after the date of the election give written notification to the commission of the results of the election.  If as a result of the election bingo is legalized in the political subdivision, the governing body shall furnish the commission with a map prepared by the governing body indicating the boundaries of the political subdivision in which bingo may be conducted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 40, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter N. Elections › Section 2001.657. Determination of Local Option Status

Sec. 2001.657.  DETERMINATION OF LOCAL OPTION STATUS.  (a)  In determining whether bingo under this chapter is permitted in an area, the rules provided by this section apply.
(b)  Bingo is permitted in an area only as the result of a successful election held under this chapter.
(c)  To the extent that the results of local option elections held by different types of political subdivisions conflict with regard to the same territory, the relative dates of the elections are of no consequence and the following rules apply:
(1)  the status of an area as determined by a municipal election prevails over a contrary status as determined by a justice precinct or county election;  and
(2)  the status of an area as determined by a justice precinct election prevails over the contrary status of the area as determined by a county election.
(d)  If two or more local option elections held at the justice precinct level apply to the same territory, the most recent election prevails.
(e)  If a municipality has established a status by a municipal election, territory annexed to the municipality after that status is established assumes the status under this chapter of the rest of the municipality.  Territory detached from the municipality assumes the status the territory would have had if it had never been a part of the municipality.  If the detached territory is added to another municipality that has established a status by a municipal election, the territory assumes the status of the municipality to which it is added.
(f)  The addition of territory to or detachment of territory from a justice precinct does not affect the status under this chapter of the added or detached territory, except that in a county with a population of more than 3.3 million the added or detached territory assumes the status of the justice precinct of which it becomes a part.  The abolition of a justice precinct does not affect the status under this chapter of the territory formerly within the justice precinct.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 115, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter A. General Provisions › Section 2002.001. Short Title

Sec. 2002.001.  SHORT TITLE.  This chapter may be cited as the Charitable Raffle Enabling Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.