reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.320 - "All or Nothing" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) All or Nothing. The executive director is
				  authorized to conduct a game known as "All or Nothing." The executive director
				  may issue further directives for the conduct of All or Nothing that are
				  consistent with this rule. In the case of conflict, this rule takes precedence
				  over §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)).
(b) Object of the
				  Game. The object of the game is to either select as many or as few numbers that
				  match the 12 numbers drawn in the drawing. If a player matches more than 7
				  (seven) or fewer than 5 (five) numbers drawn in the drawing, the player wins a
				  prize. (See the prize schedule chart in subsection (g) of this section.) If the
				  player matches all 12 numbers drawn in the drawing, or does not match any
				  numbers drawn in the drawing, the player wins the Top Prize. If more than one
				  ticket has been sold in which a player has matched all or none of the numbers
				  drawn in the drawing, each player possessing such ticket shall win the Top
				  Prize.
(c) Definitions. In addition
				  to the definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply.
(1) Play--The
				  selection of twelve different numbers from 1 to 24 for one opportunity to win
				  in All or Nothing and the purchase of a ticket evidencing that
				  selection.
(2) Playboard--A field
				  of 24 numbers from 1 to 24 found on the playslip.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.321 - Scratch Tickets Containing Non-English Words

Current through Reg. 49, No. 28; July 12, 2024
If a scratch ticket features five or more words in a
					 language other than English, then the ticket must include disclosures in the
					 same non-English language used in addition to any other disclosures
					 provided.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.324 - Prize Winner Election to Remain Anonymous

Current through Reg. 49, No. 28; July 12, 2024
(a) A natural person who is a prize winner of
				  a lottery prize in an amount equal to $1 million or more, or who is an owner of
				  a beneficial interest in a legal entity that is a prize winner of a lottery
				  prize in an amount equal to $1 million or more, may on the date the winner
				  claims the prize elect to remain anonymous and prohibit all personally
				  identifiable information from being released to the public.
(1) A prize winner who elects to remain
				  anonymous must specify that choice at the time of claiming their lottery
				  prize.
(2) If the prize is paid in
				  periodic installments, and the prize winner elects to remain anonymous, the
				  commission may release the prize winner's name on or after the 30th day after
				  the date the person claims the lottery prize. All other personally identifiable
				  information is subject to section 466.022(b)(3) of the State Lottery Act and
				  the Texas Public Information Act (Texas Government Code, Chapter
				  552).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.351 - Proceeds from Ticket Sales

Current through Reg. 49, No. 28; July 12, 2024
All proceeds from the sale of lottery tickets received by a
					 retailer shall constitute a trust fund until paid to the commission either
					 directly or through the commission's authorized collection representative. A
					 retailer shall have a fiduciary duty to preserve and account for lottery
					 proceeds and retailers shall be personally liable for all proceeds. Proceeds
					 shall include unsold scratch tickets and commission and/or commission vendor
					 property received by a retailer and cash proceeds of sale of any lottery
					 products, net of allowable sales commissions and credit for lottery prizes to
					 winners by retailers. Sales proceeds, unused scratch tickets, and commission
					 and/or commission vendor property shall be delivered to the commission or its
					 authorized collection representative on demand. Retailers shall place all
					 lottery proceeds due the commission in accounts in institutions insured by the
					 United States government not later than the close of the next banking day after
					 the date of their collection by the retailer until the date that they are paid
					 over to the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.352 - Settlement Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may require a retailer to establish a single separate electronic
				  funds transfer account, where available, for the purpose of receiving monies
				  from ticket sales, making payments to the commission and receiving payments
				  from the commission. Failure to have sufficient funds available to cover an
				  electronic funds transfer to the commission's account shall be cause for
				  suspension, summary suspension and revocation of a retailer's license at each
				  location where such retailer is licensed. Further, if a check or electronic
				  transfer of funds to the commission is dishonored, the commission may take any
				  and all actions authorized by law, including requiring the retailer to pay a
				  service charge and collection and litigation expenses.
(b) Retailers may be required to file with
				  the commission, or its designated representative, reports of the retailer's
				  receipts and transactions in the sale of lottery tickets on a form or in a
				  manner as prescribed by the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.353 - Retailer Settlements, Financial Obligations, and Commissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each retailer
				  shall provide authorization for an account with EFT (electronic funds transfer)
				  capability to be used for weekly billing of all lottery products.
(b) Each retailer shall maintain an account
				  balance sufficient to cover monies due the commission for the established
				  billing period. The commission shall withdraw by EFT the amount due the
				  commission on the day specified by the executive director. In the event a bank
				  holiday falls on or before the day specified for withdrawal during the same
				  business week, the withdrawal shall occur one day later in the week than
				  normally scheduled. "Business week" means Sunday through Saturday. In the event
				  the commission changes the beginning and ending days of the business week, the
				  commission shall notify the retailers prior to the change.
(c) Each retailer shall receive credit on the
				  retailer's lottery account for redeeming winning tickets.
(d) Each retailer shall receive 5.0%
				  compensation on all sales from lottery games. A retailer may not accept
				  compensation for the sale of lottery tickets other than compensation referenced
				  in this section, regardless of the source. At the sole discretion of the
				  executive director, a retailer may receive additional compensation which may
				  include but is not limited to incentive or bonus programs.
(e) If a retailer fails to maintain a
				  sufficient account balance to cover monies due the commission for the
				  established billing period, the retailer's license shall be summarily
				  suspended. If a retailer's license is summarily suspended for insufficient
				  funds or non-transfer of funds four times in a 12-month period, the retailer's
				  license shall be revoked.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.355 - Restricted Sales

Current through Reg. 49, No. 28; July 12, 2024
(a) Retailers shall
				  not sell lottery tickets by mail, phone, fax, or other similar method of
				  communications. Retailers shall not sell a lottery ticket or any other document
				  evidencing a right, privilege, or share in a lottery ticket from another
				  jurisdiction by any means.
(b)
				  Retailers shall not sell tickets to persons under the age of 18. Any ticket
				  purchased by or sold to an individual under the age of 18 years shall be void
				  and the prize otherwise payable on the ticket is treated as an unclaimed prize
				  under §
										RSA
				  401.302<subdiv>(j)(3)</subdiv> of
				  this title (relating to Scratch Ticket Game Rules).
(c) Retailers shall not sell a ticket or pay
				  a lottery prize to another person that the retailer knows is:
(1) an officer or an employee of the
				  commission;
(2) an officer, member,
				  or employee of a lottery operator;
(3) an officer, member, or employee of a
				  contractor or subcontractor that is excluded by the terms of its contract from
				  playing lottery games;
(4) the
				  spouse, child, brother, sister, or parent of a person described by paragraph
				  (1), (2), or (3) of this subsection who resides within the same household as
				  that person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.357 - Texas Lottery as Retailer

Current through Reg. 49, No. 28; July 12, 2024
Nothing in these retailer sections shall be construed to
					 prohibit the Texas Lottery from designating certain of its agents and employees
					 to sell lottery tickets directly to the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.360 - Payment of Prizes

Current through Reg. 49, No. 28; July 12, 2024
Retailers may pay any lottery prize of less than $600,
					 after complying with established validation procedures. However, if a retailer
					 validates a ticket of up to $600, that retailer shall pay the prize amount on
					 the ticket. Prizes of $600 or more shall be paid by the Texas Lottery by mail
					 or at a designated lottery claim center.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.361 - Required Purchases of Lottery Tickets

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may require each retailer
				  to order and accept a minimum number of lottery tickets. Failure or refusal of
				  a retailer to order or accept delivery of a required minimum number of lottery
				  tickets may be grounds for summary suspension, suspension and/or revocation of
				  the license.
(b) The executive
				  director may prohibit a retailer from using a method of marketing lottery games
				  other than those methods provided by the commission.
(c) The executive director may establish
				  minimum sales criteria. A retailer shall maintain sales in excess of the
				  applicable minimum sales criteria. A retailer who does not maintain minimum
				  sales in accordance with such criteria may be placed in a sales review period.
				  Such sales review period shall be for a period of time and may be extended as
				  determined by the executive director.
(d) The minimum sales criteria established by
				  the executive director shall be provided to retailers at least 30 days prior to
				  imposition of such criteria.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.363 - Retailer Record

Current through Reg. 49, No. 28; July 12, 2024
Each retailer shall keep accurate and complete records of
					 all tickets from active and settled packs that have not sold. All commission
					 records maintained by a retailer shall be open to inspection by the commission
					 . The commission may make summaries or notes of any such records and may copy
					 any such records either at the retailer's place of business or off such
					 premises so long as such records are returned within 48 hours of the time they
					 are removed from such place of business.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.364 - Training

Current through Reg. 49, No. 28; July 12, 2024
Retailers shall be required to send at least one person to
					 lottery training to be conducted by the commission and/or the lottery operator.
					 All expenses or costs of attendance by employees of a retailer shall be paid by
					 such retailer, including, but not limited to, costs of salaries, travel,
					 lodging, meals, and materials. If employees of a retailer have previously
					 attended lottery training, the commission may not require attendance of such
					 employees. In this event, the retailer shall certify to the commission that at
					 least one employee at the retailer's location has previously attended lottery
					 training. Additionally, the commission may require a retailer to participate in
					 lottery training as determined by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.366 - Compliance with All Applicable Laws

Current through Reg. 49, No. 28; July 12, 2024
Each retailer agrees to operate in a manner consistent with
					 the State Lottery Act, applicable federal laws, Texas laws, local ordinances,
					 with all terms and conditions related to the retailer's license, with all
					 requirements set forth in the most recent Retailer Manual, the rules and
					 regulations promulgated by the commission, and with his/her or its license from
					 the Texas Lottery.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.371 - Collection of Delinquent Obligations for Lottery Retailer Related Accounts

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) Debtor--Any person or entity liable or
				  potentially liable for an obligation owed to the commission or against whom a
				  claim or demand for payment has been made, for Lottery Retailer related
				  obligations.
(2)
				  Delinquent--Payment is past due by law or by customary business practice, and
				  all conditions precedent to payment have occurred or been performed.
(3) Make demand--To deliver or cause to be
				  delivered by United States mail, first class, a writing setting forth the
				  nature and amount of the obligation owed to the commission. A writing making
				  demand is a "demand letter."
(4)
				  Obligation--Any debt, judgment, claim, account, fee, fine, tax, penalty,
				  interest.
(5) Security--Any right
				  to have property owned by an entity with an obligation to the commission, for
				  Lottery Retailer related obligations, sold or forfeited in satisfaction of the
				  obligation; and any instrument granting a cause of action in favor of the State
				  of Texas and/or the commission against another entity and/or that entity's
				  property, typically, certificates of deposits and agency agreements pursuant to
				  assignments of certificates of deposit, but, could include other security such
				  as a bond, letter of credit, or other collateral that has been pledged to the
				  commission to secure an obligation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.372 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  shall prominently and conspicuously display, in an area readily available and
				  visible to the public, the original or a copy of the current license, whether
				  permanent or temporary, at each licensed location, whether fixed or mobile. If
				  a copy is displayed, the copy must be at least as large and as legible as the
				  original license.
(b) A licensee
				  shall not display a license which is expired or has been revoked, after the
				  licensee has been notified of the revocation of the license.
(c) A licensee shall not display a license
				  which has been altered in any substantive way.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.401 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) ADA--The
				  Americans with Disabilities Act of 1990 (42 United States Code
				  §§
											12101-RSA
				  12213 and
				  47
				  United States Code §
											225 and
				  §611).
(2) Applicant--A person
				  who has filed an application for a sales agent's license with the
				  lottery.
(3) Disability--With
				  respect to an individual, a physical or mental impairment that substantially
				  limits one or more of the major life activities of such individual; having had
				  a record of such an impairment; or being regarded as having such an
				  impairment.
(4) Lottery licensed
				  facility--A place of public accommodation operated by an applicant/lottery
				  retailer, including all or any portion of buildings, structures, sites,
				  complexes, equipment, walks, passageways, parking lots, or other real or
				  personal property, including the site where the building, property, structure,
				  or equipment is located, to the extent used in the conduct of lottery
				  activities.
(5) Lottery
				  retailer--Any person or entity licensed under the State Lottery Act.
(6) Readily achievable--Easily accomplished
				  and able to be carried out without much difficulty or expense. In determining
				  whether an action is readily achievable, factors to be considered include:
(A) the nature and cost of the action needed
				  under this part;
(B) the overall
				  financial resources of the site or sites involved in the action; the number of
				  persons employed at the site; the effect on expenses and resources; legitimate
				  safety requirements that are necessary for safe operation, including crime
				  prevention measures; or the impact otherwise of the action upon the operation
				  of the site;
(C) the geographic
				  separateness and the administrative or fiscal relationship of the site or sites
				  in question to any parent corporation or entity;
(D) if applicable, the overall financial
				  resources of any parent corporation or entity with respect to the number of its
				  employees; the number, type, and location of its facilities; and
(E) if applicable, the type of operation or
				  operations of any parent corporation or entity, including the composition,
				  structure, and functions of the workforce of the parent corporation or
				  entity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.402 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibition
				  of discrimination. No lottery retailer shall discriminate against any
				  individual on the basis of disability in the full and equal enjoyment of
				  lottery related goods, services, facilities, privileges, advantages, or
				  accommodations of any lottery licensed facility.
(b) Integrated accessibility. A lottery
				  licensed facility shall afford lottery related goods, services, facilities,
				  privileges, advantages, and accommodations to any individual with a disability
				  in the most integrated setting appropriate to the needs of the
				  individual.
(c) Lottery licensed
				  facility located in private residences.
(1)
				  When an applicant/lottery retailer is located in a private residence, the
				  portion of the residence used exclusively as a residence is not covered by this
				  subchapter, but that portion used exclusively in the operation of the lottery
				  licensed facility or that portion used both for the lottery licensed facility
				  and for residential purposes is covered by this subchapter.
(2) The portion of the residence covered
				  under paragraph (1) of this subsection extends to those elements used to enter
				  the lottery licensed facility, including the homeowner's front sidewalk, if
				  any, the door or entryway, and hallways; and those portions of the residence,
				  interior or exterior, available to or used by customers or clients, including
				  restrooms.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.403 - Readily Achievable Barrier Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) General. An applicant/lottery retailer
				  shall remove architectural and communication barriers in a lottery licensed
				  facility, where such removal is readily achievable.
(b) Examples. Examples of readily achievable
				  steps to remove barriers include, but are not limited to, the following
				  actions:
(1) installing ramps;
(2) making curb cuts in sidewalks and
				  entrances;
(3) creating designated
				  accessible parking spaces;
(4)
				  widening doors;
(5) rearranging
				  tables, chairs, vending machines, display racks, and other furniture;
(6) installing offset hinges to widen
				  doorways;
(7) installing accessible
				  door hardware; and/or
(8)
				  modification of certain exclusionary policies such as:
(A) allowing service animals to enter the
				  facility; and/or
(B) communicating
				  with a lottery player with a disability to the best of the ability of the
				  lottery retailer or the retailer's employee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.404 - Priority of ADA Compliance by Lottery Licensees

Current through Reg. 49, No. 28; July 12, 2024
An applicant/lottery retailer will take readily achievable
					 measures to comply with the barrier removal requirements of this subchapter in
					 accordance with the following order of priorities.
(1) First, an applicant/lottery retailer will
				  take measures to provide access to a lottery licensed facility from public
				  sidewalks, parking, or public transportation. These measures include, for
				  example, installing an entrance ramp, widening entrances, and providing
				  accessible parking spaces.
(2)
				  Second, an applicant/lottery retailer will take measures to provide access to
				  those areas of a lottery licensed facility where lottery goods and services are
				  made available to the public.
(3)
				  Third, an applicant/lottery retailer will take any other reasonable measures
				  necessary to provide access to lottery goods and services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.405 - Alternatives to Barrier Removal

Current through Reg. 49, No. 28; July 12, 2024
Where an applicant/lottery retailer can demonstrate that
					 barrier removal in its lottery licensed facility is not readily achievable in
					 conjunction with federal guidelines, the applicant/lottery retailer shall make
					 lottery related goods, services, facilities, privileges, advantages, or
					 accommodations available through alternative methods, if those methods are
					 readily achievable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.406 - Future Alterations to a Lottery Licensed Facility

Current through Reg. 49, No. 28; July 12, 2024
Any alteration to a lottery licensed facility shall be made
					 so as to ensure that, to the maximum extent feasible, the altered portions of
					 the facility are readily accessible to and usable by individuals with
					 disabilities.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.408 - Requests for Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) If the agency
				  proposes the denial of an application for a license or the suspension or
				  revocation of a lottery retailer's license pursuant to this subchapter, the
				  agency shall give the applicant/lottery retailer written notice of the time and
				  place of the administrative hearing not later than the 20th day before the date
				  of the hearing. Issues in controversy in the hearing will include, but are not
				  limited to: the letter of noncompliance prepared by the agency, whether the
				  requested modifications are readily achievable, and whether reasonable
				  substituted modifications will fulfill the requirements of this
				  chapter.
(b) The administrative
				  hearing authorized by this section shall be a contested case as provided by the
				  Administrative Procedure and Texas Register Act and the commission's Rules of
				  Practice and Procedure, Texas Administrative Code, Title 16, Part IX, Chapter
				  401. All relevant rules of evidence and time limits established in those rules
				  shall apply to hearings conducted under this subchapter. The scope of judicial
				  review of a decision in a contested case under this subchapter shall be under
				  the substantial evidence rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter G - LOTTERY SECURITY › Section 401.501 - Lottery Security

Current through Reg. 49, No. 28; July 12, 2024
The Texas Lottery Commission considers security and
					 integrity to be every agency employee's responsibility. The security of the
					 Texas Lottery Commission shall be developed and administered by agency's
					 Security Division. The Security Division shall develop and maintain an internal
					 security plan. The agency's security plan and other security procedures shall
					 be designed to ensure the integrity and security of the operation of the
					 Lottery and, to the extent that they are not inconsistent with Texas Open
					 Records law, Texas Government Code, Chapter 552, are exempt from disclosure to
					 the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter A - ADMINISTRATION › Section 402.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 and Texas Occupations Code, Chapter 2001, shall have the following meanings,
					 unless the context clearly indicates otherwise.
(1) State law--Texas statutes and reported
				  court cases.
(2) Calendar week--A
				  period of seven consecutive days commencing with Sunday and ending with
				  Saturday.
(3) Calendar year--A
				  period of 12 consecutive months commencing with January 1 and ending with
				  December 31.
(4) Commission--The
				  Texas Lottery Commission, the agency created by H.B.54, 72nd Leg., 1st C.S.
				  (1991), as amended by H.B. 1587 and H.B. 1013, 73rd Leg. R.S., 1993.
(5) Conductor--A licensed authorized
				  organization.
(6) Director--The
				  Director of the Charitable Bingo Operations Division, commonly known as the
				  bingo division, of the Commission.
(7) Operator--A natural person designated
				  pursuant to authority of the Bingo Enabling Act.
(8) 24-hour period--A period of 24
				  consecutive hours commencing at 12:00 midnight.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter A - ADMINISTRATION › Section 402.101 - Advisory Opinions

Current through Reg. 49, No. 28; July 12, 2024
(a) Time Period
(1) The Commission shall respond to an
				  advisory opinion request not later than the 60th day after the later date of
				  when the Commission receives the written request containing sufficient facts or
				  receives the additional information pursuant to a request for additional
				  information to provide an answer on which the requestor may rely. However, if
				  the Commission requests an attorney general opinion on a matter that is the
				  subject of an advisory opinion request the deadlines are tolled until 30 days
				  following the issuance of the attorney general opinion.
(2) The Commission shall notify the person
				  making the request of the date the advisory opinion request is received and of
				  the advisory opinion number.
(3)
				  The authority granted by Occupations Code, §
											RSA
				  2001.059, is delegated to the Charitable
				  Bingo Operations Director or his designee. The General Counsel must approve the
				  advisory opinion prior to the issuance of the advisory opinion by the
				  Charitable Bingo Operations Director. The Commission by separate order may
				  delegate to an employee of the Commission the authority granted.
(4) The Commission retains the authority to
				  issue advisory opinions pursuant to Occupations Code, §
											RSA
				  2001.059. The delegation of authority merely
				  augments the Commission's ability to perform the duties and functions of the
				  Commission with respect to issuing advisory opinions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter A - ADMINISTRATION › Section 402.102 - Bingo Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  What is the purpose of the Bingo Advisory Committee (BAC)?
(1) The purpose of the BAC is to:
(A) advise the Commission on the needs and
				  problems of the state's bingo industry;
(B) report the activities of the BAC to the
				  Commission; and
(C) perform other
				  duties as directed by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter A - ADMINISTRATION › Section 402.103 - Training Program

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.
(1) On-line training
				  course--A training course developed by the Commission that is accessible on the
				  Commission's website and may be taken at any time.
(2) On-site training course--A training
				  course conducted by a Commission employee held at a specified date, time, and
				  location.
(3) Primary training
				  course--Comprehensive initial training required for all individuals who have
				  never held a valid certificate of completion.
(4) Continuing education course--Refresher
				  training for individuals who have held a valid certificate of
				  completion.
(5) Certificate of
				  completion--Documentation issued by the Commission certifying an individual's
				  completion of the training program that is valid for two years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter A - ADMINISTRATION › Section 402.104 - Delinquent Obligations

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) Debtor--Any person or entity liable or
				  potentially liable for a charitable bingo related obligation owed to the
				  Commission or against whom a claim or demand for payment has been made.
(2) Delinquent--Payment is past
				  due by law or by customary business practice, and all conditions precedent to
				  payment have occurred or been performed.
(3) Demand letter--A writing mailed to a
				  debtor setting forth the nature and amount of the obligation owed to the
				  Commission and demanding payment of that obligation.
(4) Obligation--Any debt, judgment, claim,
				  account, fee, fine, tax, penalty, or interest.
(5) OAG--Office of the Attorney General of
				  Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.200 - General Restrictions on the Conduct of Bingo

Current through Reg. 49, No. 28; July 12, 2024
(a) A bingo occasion
				  that is fairly conducted by a licensed authorized organization is one that is
				  impartial, honest, and free from prejudice or favoritism. It is also conducted
				  competitively, free of corrupt and criminal influences, and follows applicable
				  provisions of the Bingo Enabling Act and Charitable Bingo Administrative
				  Rules.
(b) Inspection and use of
				  equipment.
(1) All bingo equipment is subject
				  to inspection at any time by any representative of the Commission. No person
				  may tamper with or modify or allow others to tamper with or modify any bingo
				  equipment in any manner which would affect the randomness of numbers chosen or
				  which changes the numbers or symbols appearing on the face of a bingo card. A
				  licensed authorized organization has a continuing responsibility to ensure that
				  all bingo equipment used by it is in proper working condition.
(2) A registered bingo worker must inspect
				  the bingo balls prior to the first game of each bingo occasion, making sure all
				  of the balls are present and not damaged or otherwise compromised.
(3) Bingo balls that are missing, damaged, or
				  otherwise compromised shall be replaced in complete sets or individually if the
				  bingo balls are of the same type and design.
(4) A registered bingo worker must inspect
				  the bingo console and flashboard to ensure proper working order prior to the
				  first game of each bingo occasion.
(5) The organization must establish and
				  adhere to, and make available to the players upon request, a written procedure
				  that addresses problems during a bingo occasion concerning:
(A) bingo equipment malfunctions;
				  and
(B) improper bingo ball calls
				  or placements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.201 - Prohibited Bingo Occasion

Current through Reg. 49, No. 28; July 12, 2024
No licensee shall sell bingo cards for a bingo occasion or
					 commence or continue a bingo occasion unless an active member that has been
					 designated pursuant to the Occupations Code, §
										RSA
					 2001.411, is physically present at the bingo
					 premises and is actively supervising and directing the sale of bingo cards and
					 the bingo occasion. Any sale of bingo cards, game of bingo, or bingo occasion
					 conducted in violation of this provision is a violation of the Bingo Enabling
					 Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.202 - Transfer of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  §
										RSA
				  2001.451<subdiv>(c)</subdiv>,
				  Texas Occupations Code, "other account" means an account other than the bingo
				  account held in the name of the licensed authorized organization.
(b) Notification of the transfer of funds
				  into the bingo account or bingo unit account must be submitted on a form
				  prescribed by the Commission. To be timely submitted, the notification's
				  postmark date, date of delivery for common carrier, date of e-mail, or date of
				  facsimile must clearly show a date that is no later than 14 calendar days after
				  the date the funds were transferred.
(c) An applicant for an original license to
				  conduct bingo must not have a bingo bank account until licensed. Any funds
				  transferred to the bingo bank account after the license is issued must provide
				  a Transfer of Funds-Bingo Bank Account form to the Commission no later than 14
				  calendar days after the date the funds were transferred.
(d) The licensed authorized organization must
				  show the amount of transferred funds on the Texas Bingo Quarterly report for
				  the quarter the funds were transferred.
(e) A licensed authorized organization or
				  unit must maintain records to substantiate the transfer of funds into or
				  removed from the bingo account or bingo unit account.
(f) All or part of the transferred funds may
				  be transferred from the bingo account or bingo unit account back to the
				  licensed authorized organization or unit. The amount of transferred funds
				  removed from the licensed authorized organization's bingo account or bingo unit
				  account must be shown as reimbursed transferred funds on the Texas Bingo
				  Quarterly report for the quarter the funds were removed.
(g) Funds transferred to the bingo account or
				  bingo unit account may be used for authorized expenses but will not be used to
				  determine if the organization's bingo operation resulted in net proceeds over
				  its license period.
(h) Only funds
				  from a licensed authorized organization's other account may be transferred into
				  its bingo account or bingo unit account if the licensed authorized organization
				  is a member of an accounting unit at the time the funds are
				  transferred.
(i) At the time the
				  funds are transferred into a bingo account or bingo unit account the reconciled
				  bank balance for the quarter that the funds were transferred into the bingo
				  account or bingo unit account may not exceed the licensed authorized
				  organization's or unit's authorized quarterly operating capital as determined
				  by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.203 - Unit Accounting

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this rule relate only to the accounting, reporting and operation of units in
				  accordance with the Bingo Enabling Act and this chapter. Nothing in this rule
				  shall be construed as a grant of authority or waiver of responsibility under
				  federal law, including tax law, and other state law.
(b) Definitions. In addition to the
				  definitions provided in §
										RSA
				  402.100 of this chapter, and unless the
				  context in this section otherwise requires, the following definitions apply:
(1) Default--The term used to describe the
				  status of a licensed authorized organization that does not timely pay for the
				  sale or lease of bingo supplies or equipment as provided in Occupations Code,
				  §
											RSA
				  2001.218.
(2) Net proceeds--The unit's gross receipts
				  from bingo and gross rental income, if applicable, less prizes awarded and
				  authorized expenses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.204 - Prohibited Price Fixing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions.
(1) horizontal price fixing--a
				  price fixing agreement:
(A) between
				  competitors on the same level of distribution, such as a price fixing agreement
				  between two or more bingo equipment or supplies manufacturers; or
(B) between two or more bingo equipment or
				  supplies distributors; or
(C)
				  between two or more suppliers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.205 - Unit Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition.
				  The following term, when used in this section, shall have the following
				  meaning: Unit Agreement--A unit accounting agreement or a trust agreement
				  forming a unit.
(b) A trust
				  agreement forming a unit must contain all required elements of a unit
				  accounting agreement as specified under §2001.431(3) of the Act.
(c) Prior to operating as a unit, the unit
				  must submit to the Commission a Texas Notice of Unit Accounting form and a copy
				  of the executed unit agreement.
(d)
				  Organizations may not act as a unit until all member organizations are
				  licensed.
(e) A designated agent or
				  unit manager must submit a Texas Notice of Change for Accounting Unit form and
				  an amended unit agreement to the Commission seven calendar days prior to the
				  date of a change in unit management.
(f) A unit may appoint a designated agent who
				  must be a natural person.
(1) A designated
				  agent for a unit must be current in the training required under §2001.107
				  of the Act and §
											RSA
				  402.103 of this title (relating to Training
				  Program).
(2) A bookkeeper may be a
				  business contact for a commercial lessor and a designated agent for an
				  accounting unit provided that the bookkeeper is not an employee of the
				  commercial lessor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.210 - House Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) House rules are
				  rules adopted by the licensed authorized organization that have been developed
				  by its officers to inform players in detail of how the organization will
				  conduct its bingo games.
(b) The
				  licensed authorized organization shall develop house rules.
(c) The licensed authorized organization
				  shall adhere to its house rules.
(d) The operator on duty is responsible for
				  ensuring house rules are consistently applied.
(e) The house rules must be posted at a
				  location within the bingo premises that is easily accessible to all patrons and
				  made available to anyone upon request.
(f) House rules shall not conflict with the
				  Bingo Enabling Act or the Charitable Bingo Administrative Rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.211 - Other Games of Chance

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Game of chance--A game or contest that
				  awards a prize and whose outcome is determined, at least in part, by the
				  element of chance or luck.
(2)
				  Local law authority--The district attorney's office or county attorney's office
				  within a particular jurisdiction, or a court of competent
				  jurisdiction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter B - CONDUCT OF BINGO › Section 402.212 - Promotional Bingo

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Newspaper--a printed periodical that is
				  distributed at daily, weekly, bi-weekly or monthly intervals that contains
				  news, articles of opinion, features, and advertising.
(2) Radio station--a licensed transmission
				  station whose programming is broadcast over AM or FM waves or is transmitted by
				  cable or satellite systems and can be listened to via a radio or a home
				  computer.
(3) Television station--a
				  licensed transmission station whose programming is broadcast over HF, VHF waves
				  or is transmitted via a cable or satellite system and is viewable by television
				  or a home computer.
(4) Advertising
				  agency--a commercial operation involved with the design and sale of various
				  advertisements and promotional concepts including promotional bingo to attract
				  the public's attention on the behalf of another business.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 402 - CHARITABLE BINGO OPERATIONS DIVISION › Subchapter C - BINGO GAMES AND EQUIPMENT › Section 402.303 - Pull-Tab or Instant Bingo Dispensers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Approval of Pull-tab or Instant Bingo Dispensers.
(1) No pull-tab or instant bingo dispenser
				  may be sold, leased, or otherwise furnished to any person in this state or used
				  in the conduct of bingo for public play unless and until a dispenser which is
				  identical to the dispenser intended to be sold, leased, or otherwise furnished
				  has first been presented to the Commission by its manufacturer, at the
				  manufacturer's expense, and has been approved by the Commission for use within
				  the state.
(2) An identical
				  dispenser to the dispenser intended to be sold, leased, or otherwise furnished
				  must be presented to the Commission in Austin, Texas for review. If granted,
				  approval extends only to the specific dispenser model approved. Any
				  modification must be approved by the Commission.
(3) Once a dispenser has been approved, the
				  Commission may keep the dispenser for further testing and evaluation for as
				  long as the Commission deems necessary.