Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,844
6747-6996 p. ; 28 cm.View a full description of this periodical.
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The Texas Lottery Commission (Commission) proposes amend-
ments to 16 TAC 402.200, General Restrictions on the Conduct
of Bingo. The purpose of the proposed amendments is to im-
plement changes to 2001.420 of the Texas Occupations Code,
made pursuant to Texas House Bill (HB) 394, 83rd Leg., R.S.
(2013), and to clarify how certain game information must be con-
veyed to bingo players. Section 2001.420 generally prohibits a
person from offering or awarding, on a single bingo occasion,
prizes with an aggregate value of more than $2,500. Pull-tab
bingo games are exempt from the $2,500 prize cap. With the
passage of HB 394, bingo games that award individual prizes
of $50 or less are now also exempt from the $2,500 prize cap.
The proposed amendments would clarify the requirements nec-
essary for a bingo game to qualify for the exemption from the
$2,500 prize cap.
The proposed amendments would require bingo conductors to
make a written game schedule available to all patrons prior to
the start of the bingo occasion. That game schedule must con-
tain information such as a list of all the bingo games to be played
during that occasion and the prize(s) to be paid for each game.
Currently, bingo conductors are required to make this informa-
tion available to all patrons, but the proposed amendments clar-
ify that the information must be provided in writing on a game
schedule. The proposed amendments would also require any
changes to the game schedule to be made in writing and require
that the game schedule be retained by the bingo conductor for
four years. Finally, the proposed amendments also clarify that
for a bingo game to qualify for the exemption from the $2,500
prize cap, that bingo game's prize(s) must be listed on the req-
uisite game schedule as not exceeding $50. For example, if a
bingo game prize is listed as $100 on the game schedule, but
the actual prize awarded is only $50, that bingo game would not
qualify for the exemption from the $2,500 prize cap because the
prize listed on the schedule exceeded $50.
Kathy Pyka, Controller, has determined that for each year of the
first five years the proposed amendments will be in effect, there
will be no significant fiscal impact for state or local governments
as a result of the proposed amendments. There will be no ad-
verse effect on small businesses, micro businesses, or local or
state employment. There will be no additional economic cost to
persons required to comply with the amendments as proposed.
Furthermore, an Economic Impact Statement and Regulatory
Flexibility Analysis is not required because the proposed amend-
ments will not have an economic effect on small businesses as
defined in 2006.001(2) of the Texas Government Code.
Sandra Joseph, Director of the Charitable Bingo Operations Di-
vision, has determined that for each year of the first five years
the proposed amendments will be in effect, the anticipated public
benefit of the proposed amendments would be to put the Com-
mission in a better position to fairly enforce 2001.420 of the
Texas Occupations Code and to ensure that bingo games are
being fairly conducted.
The Commission requests comments on the proposed amend-
ments from any interested person. Comments on the proposed
amendments may be submitted to James Person, Assistant
General Counsel, by mail at Texas Lottery Commission, P.O.
Box 16630, Austin, Texas 78761-6630; by facsimile at (512)
344-5189; or by email at legal.input@lottery.state.tx.us. Com-
ments must be received within 30 days after publication of this
proposal in order to be considered. The Commission will hold
a public hearing on this proposal at 10:00 a.m. on Wednesday,
October 16, 2013, at 611 E. 6th Street, Austin, Texas 78701.The amendments are proposed under 2001.054 of the Texas
Occupations Code, which authorizes the Commission to adopt
rules to enforce and administer the Bingo Enabling Act, and un-
der 467.102 of the Texas Government Code, which authorizes
the Commission to adopt rules for the enforcement and admin-
istration of this chapter and the laws under the Commission's
jurisdiction.
The proposed amendments implement Chapter 2001 of the
Texas Occupations Code.
402.200. General Restrictions on the Conduct of Bingo.
(a) - (g) (No change.)
(h) The licensed authorized organization is responsible for en-
suring the following minimum requirements are met to conduct a bingo
occasion in a manner that is fair:
(1) - (3) (No change.)
(4) Prior to the start of a bingo occasion, the licensed au-
thorized organization shall make a written game schedule available to
all patrons. The game schedule must contain the following informa-
tion: [The following information shall be available to all patrons-]
(A) all [the] games to be played;
(B) - (C) (No change.)
(D) the prize(s) to be paid for each game, including the
current retail price of any non-cash prize(s);
(E) - (G) (No change.)
(5) Any changes to the game schedule provided for in para-
graph (4) of this subsection shall be announced to the players and doc-
umented, in writing, on the game schedule. The game schedule, in-
cluding any changes to the schedule, shall be maintained pursuant to
402.500(a) of this title (relating to General Records Requirements).
[The operator or caller shall announce to players any hage to infor-
mation required by paragraph (4) of this subsection.]
(i) - (m) (No change.)
(n) In order for a bingo game to qualify for the exemption
in 2001.420(b)(2) of the Occupations Code, the total amount of the
prize(s) to be paid for that game, as it is listed in the game schedule
provided for in subsection (h)(4) of this section, must not exceed $50.
The exemption in 2001.420(b)(2) of the Occupations Code does not
apply to any bingo game whose prize(s) is not properly listed on that
game schedule.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 20,
2013.
TRD-201304129
Bob Biard
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 344-5012
SUBCHAPTER D. LICENSING REQUIRE-
MENTS38 TexReg 6844 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/98/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.