reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter D - LICENSING REQUIREMENTS › Section 402.450 - Request for Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition.
				  The following word or term, when used in this chapter, shall have the following
				  meaning, unless the context clearly indicates otherwise: Detrimental charitable
				  purpose waiver (waiver)--A determination by the Commission authorized under
				  §2001.451(k) of the Act to exempt a licensed authorized organization from
				  the requirements of §2001.451 or §2001.457 of the Act because
				  compliance with the requirement(s) of these sections is detrimental to the
				  organization's existing or planned charitable purposes.
(b) Detrimental Charitable Purpose Waiver.
(1) A licensed authorized organization may
				  submit to the Commission an Application for Waiver to be exempt from the
				  requirements that:
(A) bingo operations must
				  result in net proceeds over the organization's license period; or
(B) a licensed authorized organization must
				  disburse the required amount of net proceeds for charitable purposes for a
				  specific calendar quarter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter D - LICENSING REQUIREMENTS › Section 402.451 - Operating Capital

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following words or terms, when used in this chapter, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Average unit member operating capital--An
				  amount equal to the allowable retained operating capital of the unit divided by
				  the number of unit members.
(2)
				  Bingo account--The bingo checking account, bingo savings account, and petty
				  cash if bingo funds, of a licensed authorized organization or unit.
(3) Quarterly report--The Texas Bingo
				  Quarterly Report.
(4) Retained
				  operating capital limit--The maximum amount of funds that may be retained in
				  the bingo account of a licensed authorized organization or unit, which is equal
				  to the organization's or unit's actual quarterly average bingo expenses,
				  excluding prizes paid, for the preceding license period but does not exceed
				  $50,000 per organization.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter D - LICENSING REQUIREMENTS › Section 402.452 - Net Proceeds

Current through Reg. 49, No. 28; July 12, 2024
(a) Net proceeds
				  from the conduct of bingo must result in a positive amount over the
				  organization's license period.
(b)
				  Calculation of Net Proceeds for Organizations.
(1) The current quarterly report information
				  of the organization or unit will be used to determine if the bingo operations
				  of the organization resulted in net proceeds.
(2) The calculation of net proceeds for a
				  regular license will be based on the quarterly reports for the eight (8)
				  calendar quarters immediately preceding the license end date.
(3) The calculation of net proceeds for an
				  organization submitting the first renewal of its license to conduct bingo will
				  be based on the quarterly reports for the seven (7) calendar quarters
				  immediately preceding the license end date. If the bingo operations of an
				  organization fail to result in positive net proceeds for the first renewal of a
				  license, the Commission shall recalculate the net proceeds using the quarterly
				  reports for the seven (7) calendar quarters immediately preceding the license
				  end date and the quarterly report for the one (1) calendar quarter in which the
				  license end date falls to determine compliance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter D - LICENSING REQUIREMENTS › Section 402.453 - Request for Operating Capital Increase

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words or
				  terms, when used in this chapter, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Force majeure--Some unforeseen event beyond the control of the licensed
				  authorized organization or unit that results in non-compliance with specific
				  sections of the Act or Rules.
(2)
				  Request to exceed the operating capital limit--An application to the Bingo
				  Operations Director in accordance with §2001.451(h)(2)(B) and (j) of the
				  Act to increase the retained operating capital limit for one organization or
				  unit.
(3) Retained operating
				  capital--The amount of operating capital the licensed authorized organization
				  or unit retains in the organization's or unit's bingo account.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.500 - General Records Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees
				  shall retain for four years all information and records required to be
				  maintained by the Bingo Enabling Act (Texas Occupations Code, Chapter 2001) or
				  the Charitable Bingo Administrative Rules.
(b) Unless otherwise prescribed by Commission
				  rule, a licensee may maintain information in a form determined by the licensee
				  as long as that form includes the information required by the Bingo Enabling
				  Act and the Charitable Bingo Administrative Rules.
(c) Upon request of the Commission, a
				  licensee shall provide any information required to be maintained by the Bingo
				  Enabling Act and the Charitable Bingo Administrative Rules. Except in cases of
				  emergency, the Commission shall provide reasonable advance notice of the
				  specific information and records needed and the time and location at which they
				  must be made available.
(d) An
				  organization that conducts bingo in more than one location must record each
				  occasion separately and include for each occasion the municipality and county
				  where the occasion was held, the total amount of prizes awarded, and the prize
				  fees to be distributed to the state and the local governments where the
				  occasion was held, if applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.501 - Charitable Use of Net Proceeds

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensed authorized organization shall devote all net proceeds of conducting
				  bingo and any rental of premises for the conduct of bingo to the exempt purpose
				  under which the organization qualifies as a nonprofit or otherwise authorized
				  organization in accordance with §2001.002 of the Bingo Enabling Act and
				  §501(c) of the Internal Revenue Code.
(b) A licensed authorized organization may
				  not use net proceeds of the conduct of bingo and any rental of premises for the
				  conduct of bingo, directly or indirectly, to inure to the benefit of any
				  private shareholder, individual, officer, governing body or member other than
				  as reasonable compensation for services rendered or if for a cause or deed
				  consistent with its charitable purpose.
(c) A licensed authorized organization is
				  required to ensure that all funds given to another organization, auxiliary, or
				  any other person are used as required in this chapter and the Bingo Enabling
				  Act.
(d) Proceeds will not be
				  considered as used for the charitable purposes of the organization without
				  documentation to substantiate the use of proceeds.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.502 - Charitable Use of Net Proceeds Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) An organization must maintain and upon
				  request make available to a representative of the Commission or designee:
(1) a copy of the organization's organizing
				  documents;
(2) other enabling
				  documents, any amendments and any adopted bylaws which provide in writing the
				  specific cause, deed or activity that is consistent with the organization's
				  purposes and objectives for which bingo net proceeds will be used;
				  and
(3) a copy of the applicant
				  organization's four most recently filed Internal Revenue Service Form 990, if
				  applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.503 - Bingo Gift Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) A bingo gift
				  certificate may be sold, issued, or redeemed for bingo paper, pull-tab bingo or
				  card-minding devices provided that the licensed authorized organization or
				  unit, as defined in Occupations Code, §
										RSA
				  2001.431(1), maintains
				  adequate records relating to the gift certificate as provided in this
				  section.
(b) A licensed authorized
				  organization's cost of printing the bingo gift certificate is an allowable
				  bingo expense and shall be paid out of the bingo checking account. In order to
				  maintain adequate records relating to gift certificates, all gift certificates
				  shall be pre-numbered and consecutively issued.
(c) A bingo gift certificate may not be
				  awarded as a prize for bingo unless the value of the certificate is paid for by
				  the licensed authorized organization and recorded as a bingo prize on the daily
				  schedule of prizes for the bingo occasion.
(d) A bingo gift certificate may not be
				  awarded as a door prize unless the value of the certificate is paid for before
				  it is awarded as a door prize.
(e)
				  Each bingo gift certificate shall be:
(1)
				  imprinted with the name and address of the licensed location(s) where the gift
				  certificate may be redeemed for bingo paper, pull-tab bingo or card-minding
				  devices;
(2) imprinted with the
				  monetary value of the certificate;
(3) imprinted with the name of the licensed
				  authorized organization(s) authorized to accept the bingo gift certificate at
				  the licensed location;
(4)
				  imprinted with the expiration date or a blank space for the licensed authorized
				  organization or unit to fill in an expiration date; and
(5) paid for by the customer in full at the
				  time it is issued by the licensed authorized organization or unit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.504 - Debit Card Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise:
(1) ATM card--An automated teller machine
				  card which allows the holder to withdraw money directly from the holder's bank
				  account. An ATM card is ordinarily utilized in conjunction with a PIN selected
				  by the holder.
(2) Check
				  card--Another name for a debit card, a check card may display the logo of the
				  banking institution where the funds supporting the card are held in
				  account.
(3) Debit card--A card
				  which may be used as a means of payment under arrangements which do not provide
				  for the extension of credit to the cardholder. The use of a debit card results
				  in a deduction of the transaction amount directly from the cardholder's bank
				  account maintained at the authorizing banking institution. Debit cards come in
				  two forms commonly known as ATM cards and check cards.
(4) PIN--A personal identification number
				  which is used as a secure or protected password used in conjunction with a
				  debit card. A PIN may sometimes be used as an electronic signature in
				  transactions involving a debit card.
(5) PIN pad--Equipment which may be leased
				  from a vendor and used to identify debit card holders by verifying the
				  authorized PIN submitted during a debit card transaction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.505 - Permissible Expense

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following terms, when used in this section shall have the following
				  meanings:
(1) Reasonable expense--An amount
				  of expense appropriate as it relates to the conduct of bingo; an expense that
				  is moderate or fair in the amount, not extreme or excessive; an amount paid
				  that does not substantially exceed the current rate or average retail cost of
				  items or services purchased.
(2)
				  Necessary expense--A type of expense essential for the conduct of a
				  bingo.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.506 - Disbursement Records Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The licensed authorized organization or unit shall maintain records to
				  substantiate bingo expenses. Bank statements, cancelled checks and cancelled
				  check images may not be adequate to substantiate bingo expenses.
(b) Examples of records that are acceptable
				  to substantiate bingo expenses for each type of expense are:
(1) Invoices, itemized billing statements,
				  sales receipts, or similar documents that have information about the items
				  purchased or services provided and contain the following details:
(A) the name and contact information of the
				  person or entity selling the goods or providing the service;
(B) an adequate description of goods or
				  services purchased;
(C) the
				  quantity of each product purchased or service received;
(D) the price of each product purchased or
				  service received which may include the pricing information for services
				  provided pursuant to a service agreement;
(E) the total dollar amount billed;
				  and
(F) the date of the
				  transaction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.511 - Required Inventory Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensed authorized organization or unit shall maintain a perpetual inventory
				  of:
(1) disposable bingo cards described in
				  subsection (d) of this section; and
(2) pull-tab bingo tickets described in
				  subsection (e) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter E - BOOKS AND RECORDS › Section 402.514 - Electronic Fund Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Electronic Fund Transfers. Electronic fund transfers (EFT) refers to the
				  transfer of funds using a computer system, electronic terminal, telephone,
				  mobile phone, or other non-paper based method that may be used for both credit
				  transfers, such as deposits into an account, and debit transfers, such as
				  deposits into an account, and debit transfers, such as payments from an
				  account.
(b) Controls Over
				  Electronic Fund Transfers.
(1) Licensed
				  authorized organizations or units shall use for all EFT transactions the same
				  financial policies, procedures, and controls that govern disbursement by check
				  and the receipt of funds into the bingo bank account. (See §2001.452 of
				  the Bingo Enabling Act and §
											RSA
				  402.505 of this chapter (relating to
				  Permissible Expense) and §
											RSA
				  402.506 of this chapter (relating to
				  Disbursement Records Requirements)).
(2) The licensed authorized organization or
				  unit shall implement the following controls for EFT transactions.
(A) Only authorized person(s) shall be
				  allowed to execute an EFT transaction on behalf of the organization or
				  unit.
(B) The licensed authorized
				  organization or unit shall maintain documentation of approval of changes in the
				  person(s) authorized to execute electronic funds transfers. Documentation may
				  include but is not limited to: meeting minutes, bank account signature cards,
				  or copies of applications to the financial institution to authorize individuals
				  access to perform on-line banking in association with the bingo bank account or
				  unit bank account.
(3)
				  The bingo chairperson, or in the case of an accounting unit, the individual
				  authorized in writing by each unit member's bingo chairperson, and bookkeeper
				  shall review accounting records and bank statements to ensure that only
				  authorized EFTs are executed. Each EFT shall be accounted for when completing
				  monthly bank reconciliations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter F - PAYMENT OF TAXES, PRIZE FEES AND BONDS › Section 402.600 - Bingo Reports and Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) On or before the
				  25th of the month prior to the end of the calendar quarter, the Commission will
				  mail the "Texas Bingo Conductor's Quarterly Reports", "Texas Lessor Quarterly
				  Reports", and "Manufacturer/Distributer Quarterly Reports and Supplements" to
				  its licensees.
(b) Quarterly
				  reports, supplements, and payments due to be submitted on a date occurring on a
				  Saturday, Sunday, or legal holiday will be due the next business day. The
				  report will be deemed filed when deposited with the United States Postal
				  Service or private mail service, postage or delivery charges paid and the
				  postmark or shipping date indicated on the envelope is the date of filing. For
				  quarterly reports and supplements submitted electronically, the report will be
				  deemed filed as of the date and time sent from the specified e-mail
				  address.
(c) Signature provisions.
(1) For the valid filing of paper quarterly
				  reports and supplements, the bingo chairperson, an officer, director, or
				  bookkeeper must sign the report. By signing a report, the bingo chairperson,
				  officer, director, or bookkeeper declares that the information in the report is
				  true and correct to the best of their knowledge and belief.
(2) For the valid filing of electronic
				  quarterly reports and supplements, the signature will be the email address of
				  the person sending the quarterly report.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter F - PAYMENT OF TAXES, PRIZE FEES AND BONDS › Section 402.601 - Interest on Delinquent Tax

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Interest on Delinquent Tax.
(1) The yearly
				  interest rate on delinquent prize fees is variable and is the prime rate plus
				  one percent, as published in The Wall Street Journal on the first day of each
				  calendar year that is not a Saturday, Sunday, or legal holiday.
(2) Delinquent taxes draw interest beginning
				  60 days after the date the taxes are due.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter F - PAYMENT OF TAXES, PRIZE FEES AND BONDS › Section 402.602 - Waiver of Penalty, Settlement of Prize Fees, Penalty and/or Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) The Charitable
				  Bingo Operations Director, for good cause shown, may waive a penalty if a
				  licensee holding a license to conduct bingo or license to lease bingo premises
				  exercised reasonable diligence to comply with Occupations Code, §
										RSA 2001.504. The
				  Charitable Bingo Operations Division will not consider a request for a penalty
				  or interest waiver until the principal related to the specific request is paid
				  in full. To be considered, a written request stating the reason(s) penalty
				  should be waived must be sent to the Charitable Bingo Operations Division
				  within 14 days of the date the quarterly report and prize fees were due.
(1) The Charitable Bingo Operations Division
				  will inform the licensee in writing within three days of the Charitable Bingo
				  Operations Division's decision regarding the penalty waiver request after
				  considering:
(A) Whether the licensee is
				  current in the filing of all reports;
(B) Whether the licensee is current in the
				  payment of all prize fees due for the last eight consecutive
				  quarters;
(C) Whether a penalty has
				  been waived within the last eight consecutive quarters;
(D) Whether the licensee has a good record of
				  timely filing and paying past returns; and
(E) Whether the licensee has taken the
				  necessary steps to correct the problem for future reporting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter F - PAYMENT OF TAXES, PRIZE FEES AND BONDS › Section 402.603 - Bond or Other Security

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Bond or Other Security Required.
(1) An
				  applicant for a regular license to conduct charitable bingo must submit
				  security consistent with the provisions of this section. A licensed authorized
				  organization must maintain the security until the organization ceases to
				  conduct bingo and the license is relinquished or revoked.
(A) Except as otherwise provided in this
				  section, the security amount for a regular license to conduct charitable bingo
				  is based on the license class. The security amount is:
(i) Class A - $125.00.
(ii) Class B - $325.00.
(iii) Class C - $600.00.
(iv) Class D - $825.00.
(v) Class E - $1,225.00.
(vi) Class F - $1,800.00.
(vii) Class G - $2,125.00.
(viii) Class H - $2,675.00.
(ix) Class I - $3,275.00.
(x) Class J - $7,000.00
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter F - PAYMENT OF TAXES, PRIZE FEES AND BONDS › Section 402.604 - Delinquent Purchaser

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  delinquent purchaser is a licensed authorized organization, unit, or
				  distributor that has not:
(1) provided full
				  payment to a licensed distributor or manufacturer for equipment or supplies, or
				  within 30 calendar days of:
(A) the actual
				  delivery; or
(B) invoice for leased
				  bingo equipment; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.700 - Denials; Suspensions; Revocations; Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Denial of application. If the Director of
				  the Charitable Bingo Operations Division determines that an applicant is not
				  eligible for a license on statutory or regulatory grounds, or that the license
				  should be denied on statutory or regulatory grounds which would justify
				  temporary suspension or revocation of an existing license, he/she will notify
				  the applicant in writing that the application has been denied and will state
				  such grounds for the denial. If the applicant desires to contest the denial,
				  the applicant must, within 30 days of the date of the notice of denial, make a
				  written request for a hearing to contest the denial.
(b) Suspension and revocation.
(1) Grounds. The Commission may temporarily
				  suspend or revoke a license or temporary authorization in accordance with the
				  Bingo Enabling Act, §2001.355. If the Commission proposes to revoke or
				  suspend a license it will notify the licensee in writing and will state the
				  grounds for the proposed action.
(2) Temporary suspension. The Director may
				  issue a temporary suspension based on evidence of the following violations:
				  failure to pay prize fees, loss of non-profit status, a conviction for a
				  gambling-related offense or fraud, or the continued involvement of a person
				  with such a conviction following notice and opportunity to remove that person.
				  A temporary suspension is effective immediately. Upon notification of the
				  temporary suspension, the Director will simultaneously serve a notice of a show
				  cause hearing, to be held not later than the 14th day after the date the notice
				  is served, at which the license holder must show cause why the license should
				  not remain suspended. The notice will include any exhibits the Commission has
				  at the time that it intends to rely on at the hearing. If the licensee fails to
				  show cause why the license should not be temporarily suspended, the license
				  will remain suspended pending a final hearing on the merits, notice of which
				  will be provided within 30 days of the show cause hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.701 - Investigation of Applicants for Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person required to be named in an
				  application for a license under the Bingo Enabling Act is subject to a criminal
				  history record inquiry.
(b) Each
				  person required to be named in an application for any license under the Bingo
				  Enabling Act shall promptly furnish all information requested by the Commission
				  to obtain criminal history record information from the Texas Department of
				  Public Safety, Federal Bureau of Investigation, or other law enforcement
				  agency. Falsification or nondisclosure of requested information shall result in
				  the denial, revocation, or suspension of a license under the Bingo Enabling
				  Act.
(c) The existence of a
				  disqualifying conviction on records obtained by the Commission is prima facie
				  evidence of disqualification. The burden of proof is on the applicant to show
				  otherwise.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.702 - Disqualifying Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission shall determine, consistent with the requirements of Chapters 53 and
				  2001, Occupations Code, whether criminal convictions affect the eligibility of
				  an applicant for a new or renewal license or listing in the registry of
				  approved bingo workers under the Bingo Enabling Act (BEA). The Director of the
				  Charitable Bingo Operations Division (Director) shall have the authority to
				  make such determinations pursuant to this section. The Commission will not
				  apply Chapter 53, Occupations Code, to officers, directors, or shareholders of,
				  or other individuals associated with, an applicant that is a non-individual
				  business entity.
(b) If any of the
				  following persons have been convicted of a gambling or gambling-related
				  offense, or criminal fraud, the applicant for a license or a listing in the
				  registry of approved bingo workers will not be eligible for a new or renewal
				  license or registry listing, as applicable: the applicant; or for an applicant
				  for a license, any person whose conviction of any such offense would render the
				  applicant ineligible under the eligibility standards for the particular type of
				  license
(i.e.,
BEA §2001.105(b) for authorized
				  organizations, BEA §2001.154(a)(5) for commercial lessors, BEA
				  §2001.202(9) for manufacturers, and BEA §2001.207(9) for
				  distributors). Such a conviction (which shall not include deferred
				  adjudications and/or nolo contendere pleas) shall be a permanent bar to the
				  applicant obtaining a license or registry listing.
(1) The Commission deems any gambling or
				  gambling-related offense to be any offense listed in Penal Code, Chapter 47,
				  Gambling; the offense of Penal Code, §
											RSA
				  71.02<subdiv>(a)(2)</subdiv>,
				  Engaging in Organized Criminal Activity; or any offense committed, including in
				  another state or Federal jurisdiction, involving substantially similar conduct
				  as an offense cited in Penal Code Chapter 47 or §71.02(a)(2).
(2) The Commission deems any offense
				  involving criminal fraud to be any offense listed in the following Penal Code
				  Chapters and as described below, with the exception of Class C misdemeanors:
(A) Penal Code, Chapter 32, Fraud;
(B) Penal Code, Chapter 35, Insurance
				  Fraud;
(C) Penal Code, Chapter 35A,
				  Medicaid Fraud; or
(D) Any offense
				  committed, including in another state or Federal jurisdiction, involving
				  substantially similar conduct as an applicable offense under these enumerated
				  Penal Code, Chapters 32, 35, or 35A.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.703 - Audit Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Audit--The formal examination of a
				  licensee's accounts, records, and/or business activities by designated
				  employees or representatives of the Commission.
(2) Audit fieldwork--Includes, but is not
				  limited to, the physical inspection of bingo premises, the observation of a
				  bingo game, the inquiry of management and staff, the review of financial
				  accounts, records or business processes, the assessment of the adequacy of any
				  internal controls, or any other activity necessary to meet audit
				  objectives.
(3) Licensee--Includes
				  any individual, partnership, corporation, group, or entity licensed under the
				  Bingo Enabling Act and any group of licensed authorized organizations operating
				  under a unit agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.705 - Inspection of Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may conduct inspections of premises where bingo is being conducted or is
				  intended to be conducted, or where equipment used or intended for use in bingo
				  is found. The Commission will prioritize premises inspections based on risk
				  factors the Commission considers important, including the following:
(1) the amount of money derived from the
				  conduct of bingo at the premises;
(2) the amount of money derived from the use
				  of bingo equipment at the premises;
(3) the compliance history of the premises;
				  and
(4) the amount of time that has
				  elapsed since the last Commission inspection of that premises.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.706 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to provide guidance for administering sanctions to licensees
				  and other persons that violate the Bingo Enabling Act and/or the Charitable
				  Bingo Administrative Rules. The Schedule of Sanctions attached to
				  §402.706(c) provides a list of the most common violations and the
				  sanctions generally assessed for those violations, though the Commission may
				  deviate from the schedule if it has a reasonable basis to do so. The objectives
				  for applying sanctions are to protect the public, encourage compliance with the
				  Bingo Enabling Act and the Charitable Bingo Administrative Rules, deter future
				  violations, offer opportunities for rehabilitation as appropriate, punish
				  violators, and deter others from committing violations. This section is
				  intended to promote consistent sanctions for similar violations, facilitate
				  timely resolution of cases and encourage settlements.
(b) The Commission, through the Director of
				  the Charitable Bingo Operations Division or their designee, may offer
				  settlements to persons charged with violating the Bingo Enabling Act and/or the
				  Charitable Bingo Administrative Rules.
(c) Unless otherwise provided by this
				  subchapter, the terms and conditions of a settlement agreement between the
				  Commission and a person charged with violating the Bingo Enabling Act and/or
				  the Charitable Bingo Administrative Rules will be based on the Schedule of
				  Sanctions incorporated into this section.
Attached Graphic
(d) The following words and terms,
				  when used in this section and §402.707, shall have the following meanings,
				  unless the context clearly indicates otherwise:
(1) Bingo Enabling Act--Occupations Code,
				  Chapter 2001.
(2) Charitable Bingo
				  Administrative Rules--Texas Administrative Code, Title 16, Part 9, Chapter
				  402.
(3) Licensee--a person issued
				  a license under Occupations Code, Chapter 2001, or a Unit.
(4) Organization--a licensee, an applicant
				  for a license, or a person required to obtain a bingo license.
(5) Respondent--a person responsible for
				  answering a charge of violating the Bingo Enabling Act and/or the Charitable
				  Bingo Administrative Rules.
(6)
				  Sanctions--revocation and suspension of a license, denial or an original or
				  renewal application, denial of a bingo worker registry application, removal
				  from the registry of bingo workers, administrative penalty, and warning
				  letter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.707 - Expedited Administrative Penalty Guideline

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to provide an alternative disciplinary procedure for certain
				  violations of the Bingo Enabling Act (Act) and the Charitable Bingo
				  Administrative Rules (Rules) in which the Director of the Charitable Bingo
				  Operations Division seeks to facilitate expeditious resolution of cases and
				  encourage settlements.
(b) The list
				  of statutory violations in the Expedited Administrative Penalty Chart is not an
				  exclusive list of violations that may be expedited. The scope of this guideline
				  will be limited to violations of the Bingo Enabling Act and/or the Charitable
				  Bingo Administrative Rules that are identified by the Director or their
				  designee.
(c) Upon completion of an
				  examination, inspection, audit, or investigation, and after which both parties
				  have agreed that an alleged violation of the Bingo Enabling Act or the
				  Charitable Bingo Administrative Rules can be resolved expeditiously, the
				  Director or their designee may cause a Notice of Administrative Violation and
				  Settlement Agreement (NAVSA) to be issued to an authorized representative for
				  the respondent.
(d) The NAVSA shall
				  include the following information:
(1) date
				  of the notice;
(2) names and
				  addresses of both parties;
(3) a
				  brief summary of the alleged violation;
(4) the dollar amount of the administrative
				  penalty recommended by the Director or his designee;
(5) a brief explanation of the additional
				  conditions required to ensure future compliance with the Act or Rules alleged
				  to be violated;
(6) notice that an
				  investigation, including an examination or audit, was conducted which alleges a
				  violation was committed;
(7) a
				  statement signed by an authorized representative for the respondent indicating
				  the respondent agrees to the terms of the settlement being offered;
(8) notice that if the person does not accept
				  the settlement offered, they may request an informal dispute resolution
				  conference in accordance with §
											RSA
				  402.708 of this chapter or a hearing on the
				  occurrence of the violation, the amount of the penalty or both; and
(9) notice that if the person does not accept
				  the settlement offered or request a hearing, the Commission may seek the
				  maximum penalty authorized for the violation under the Bingo Enabling Act and
				  the Charitable Bingo Administrative Rules, which may include revocation,
				  suspension or denial of the person's license or worker registration, or
				  application for a license or worker registration as applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.708 - Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) What are
				  the definitions for the terms used in this rule?
(1) Determination letter--A notice issued by
				  the director stating the basis for the conclusion that a violation occurred,
				  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 notice must include a brief summary of the alleged violation;
				  include the amount of the administrative penalty recommended; and inform the
				  person of the person's right to a hearing on the occurrence of the violation,
				  the amount of the penalty, or both.
(2) Dispute resolution--An informal process
				  available to licensees to resolve regulatory disputes in a fair, competent, and
				  consistent manner.
(3) Dispute
				  resolution conference--An informal meeting to resolve a disputed issue(s)
				  related to a Notice of Administrative Violation and Settlement Agreement
				  (NAVSA), an audit finding(s) contained within a final audit report, a
				  determination letter or a notice of opportunity to show compliance
				  letter.
(4) Dispute resolution
				  officer--The Director or his designee who will facilitate or manage the dispute
				  resolution conference and guide and assist the participants.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 402.709 - Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition of
				  Corrective Action--Action(s) required by any of the following in order to
				  resolve audit findings or violations of the Bingo Enabling Act or the
				  Charitable Bingo Administrative Rules:
(1) an
				  undisputed determination letter resulting from a compliance audit;
(2) an agreed order; or
(3) a decision in a contested case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.101 - Public Information.

Current through Reg. 49, No. 28; July 12, 2024
(a) Charges for
				Copies of Public Records. The charges to any person requesting reproductions of
				any readily available record of the Texas Lottery Commission will be the
				charges established by rule by the Office of the Attorney General in accordance
				with the Texas Government Code Chapter 552, Subchapter F.
(1) Pursuant to Texas Government Code §
										RSA 552.275, the
				commission has established a limit of 36 hours per fiscal year as the maximum
				amount of time commission personnel are required to spend producing public
				information for inspection or duplication by a requestor, or providing copies
				of public information to a requestor, without the commission recovering costs
				attributable to that personnel time.
(2) The commission will provide each
				requestor a written statement of the amount of personnel time spent complying
				with each request for public information from the requestor and the cumulative
				amount of time spent complying with requests for public information from the
				requestor during the fiscal year. Subject to the provisions of §552.275
				when the 36-hour limit is met or exceeded, the commission will require a
				requestor to pay costs attributable to cost of materials, overhead, and
				personnel time necessary to comply with the request.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.102 - Items Mailed to the Commission

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by law or rule, any claim, ticket,
				  application, fee, request for credit, letter, or other item mailed or otherwise
				  sent to the Commission shall be considered to have been sent:
(1) on the item's United States Postal
				Service postmark date, United States Postal Service postage meter date, or
				carrier-indicated date of delivery to the common delivery carrier; or
(2) seven (7) calendar days before the
				Commission received the item, if there is no legible United States Postal
				Service postmark date, United States Postal Service postage meter date, or
				carrier-indicated date of delivery to the common delivery carrier.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.110 - Petition for Adoption of Rule Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) Any interested person or agency may
				petition the commission requesting adoption of a rule. Petitions shall be in
				writing, should be filed with the general counsel, and shall comply with the
				following requirements.
(1) Each petition
				must state the name and address of the petitioner.
(2) Each petition shall include:
(A) a brief explanation of the proposed
				rule;
(B) the text of the proposed
				rule prepared in a manner to indicate the words to be added or deleted from the
				current text, if any;
(C) a
				statement of the statutory or other authority under which the rule is proposed
				to be promulgated; and
(D) a
				justification for adoption of the rule.
(3) For the purposes of this section, an
				interested person must be:
(A) a resident of
				this state;
(B) a business entity
				located in this state;
(C) a
				governmental subdivision located in this state; or
(D) a public or private organization located
				in this state that is not a state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.115 - Negotiated Rulemaking and Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. It is the Commission's policy to
				encourage the use of negotiated rulemaking under Government Code, Chapter 2008,
				and appropriate alternative dispute resolution procedures under Government
				Code, Chapter 2009.
(b) Negotiated
				Rulemaking. The Commission, the Executive Director (for lottery rules), or the
				Charitable Bingo Operations Director (for charitable bingo rules), either on
				it/his/her own initiative or in response to a request from an interested
				person(s), may propose to engage in negotiated rulemaking to obtain assistance
				in drafting a proposed rule, in accordance with the provisions of Government
				Code, Chapter 2008. By way of example only, negotiated rulemaking may be
				appropriate when multiple constituencies are involved; the subject matter is
				complex or controversial; or the Commission lacks complete information.
(1) When negotiated rulemaking is proposed,
				the Executive Director (for lottery rules) or the Charitable Bingo Operations
				Director (for charitable bingo rules), or their designee, shall be the
				negotiated rulemaking convener.
(A) The
				convener shall assist in identifying persons who are likely to be affected by a
				proposed rule, including those who oppose the issuance of a rule. The convener
				shall discuss with those persons or their representatives the items listed in
				Government Code §
											RSA
				2008.052<subdiv>(c)</subdiv>.
(B) The convener shall then recommend to the
				Commission whether negotiated rulemaking is a feasible method to develop the
				proposed rule and shall report on the relevant considerations, including the
				items listed in Government Code §
											RSA
				2008.052<subdiv>(d)</subdiv>.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise.
(1) Executive Director--The
				chief administrator of the Commission.
(2) Claim--A demand for damages by a
				contractor based upon the Commission's alleged breach of the
				contract.
(3) Commission--The Texas
				Lottery Commission.
(4) Contract--A
				written contract between the Commission and a contractor by the terms of which
				the contractor agrees either:
(A) to provide
				goods or services, by sale or lease, to or for the Commission; or
(B) to perform a project as defined by
				Government Code, §
										RSA
				2166.001.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.202 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
Subject to Texas Government Code §
									RSA
				  2260.007, the procedures contained in this
				  chapter are exclusive and required prerequisites to suit under the Civil
				  Practice and Remedies Code, Chapter 107, and the Government Code, Chapter
				  2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.204 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor asserting a claim for breach
				of contract shall file notice as provided by this section.
(b) The notice of claim shall:
(1) be in writing and signed by the
				contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				return receipt requested, or other verifiable delivery service, to the
				Commission's representative designated in the contract to receive a notice of
				claim of breach of contract. If no person is designated in the contract, the
				notice shall be delivered to the executive director, and
(3) state in detail:
(A) the nature of the alleged breach of
				contract, including the date of the event that the contractor asserts as the
				basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				from the alleged breach, including the amount and method used to calculate
				those damages; and
(C) the legal
				theory of recovery, i.e., breach of contract, including the causal relationship
				between the alleged breach and the damages claimed.