HBA-DMH H.B. 3234 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3234
By: Reyna, Arthur
Licensing & Administrative Procedures
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Since the original enactment of the Bingo Enabling Act (Act), certain
provisions of the Act have become obsolete, impractical, or archaic by
virtue of industry or regulatory practices and the evolution of technology.
House Bill 3234 modifies language in the Act to clarify practice and
regulation issues. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3234 amends the Occupations Code to delete certain foreign and
publicly traded corporations or entities and nonresident individuals from
the list of persons or groups to which the Texas Lottery Commission
(commission) is prohibited from issuing or renewing a commercial lessor
license (Sec. 2001.154). The bill deletes from the information that a
license to conduct bingo must include the specific purposes to which the
net proceeds of bingo are to be devoted and a statement of whether a prize
is to be offered and the amount of any authorized prize (Sec. 2001.106).
The provides that an authorized organization that holds a commercial lessor
license to lease a premises on which bingo is conducted may, rather than
must, hold a license to conduct bingo at the same premises (Sec. 2001.161).
The bill provides that a person does not commit an offense if the person is
conducting, promoting, or administering bingo on behalf of any group
conducting the game only for amusement, and sets forth restrictions for
such games (Sec. 2001.551). 

The bill prohibits a bingo occasion from occurring at any time other than
the time permitted in the commission's records, rather than providing that
a bingo occasion begins when the premises are opened to the public (Sec.
2001.419).  The bill modifies the prohibited uses of card-minding devices,
the requirements for collection of a prize fee, and the definition of
"bingo occasion" and "fraternal organization" (Secs. 2001.002, 2001.409,
and 2001.502).  The bill repeals provisions relating to notice to local
authorities of a license application (SECTION 11). 

EFFECTIVE DATE

October 1, 2001.