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AN ACT |
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relating to the regulation of
bingo games. |
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BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections
2001.305(b) and (c), Occupations Code, |
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are amended to read as
follows: |
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(b) Immediately
after issuing [receiving] a license, the |
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commission [a license
holder] shall send a copy of the license to |
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the appropriate governing body.
The governing body shall file the |
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copy of the license in a central
file containing licenses issued |
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under this chapter. |
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(c) Not
later than the 10th day after the date a license is |
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issued, the commission
[license holder] shall give written notice |
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of the issuance of the license
to: |
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(1) the
police department of the municipality in which |
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bingo will be conducted, if bingo
is to be conducted in a |
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municipality; or |
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(2) the
sheriff of the county in which bingo will be |
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conducted, if bingo is to be
conducted outside a municipality. |
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SECTION 2. Section
2001.313(h), Occupations Code, is |
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amended to read as follows: |
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(h) A
licensed authorized organization may employ an |
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individual who is not on the
registry established by this section as |
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an operator, manager, cashier,
usher, caller, or salesperson on a |
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provisional basis if the
individual is awaiting the results of a |
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background check by the
commission: |
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(1) for
a period not to exceed 30 [14] days if the |
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individual is a resident of this
state; or |
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(2) for
a period to be established by commission rule |
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if the individual is not a
resident of this state. |
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SECTION 3. Section
2001.419, Occupations Code, is amended |
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by amending Subsections (d) and
(e) and adding Subsection (f) to |
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read as follows: |
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(d) If
more than one bingo occasion is conducted at the same |
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premises on the same day: |
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(1) the
bingo occasions must be announced separately; |
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(2) the
licensed times may not overlap; and |
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(3) notwithstanding
Subsection (e), bingo cards may be |
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sold during a bingo occasion for
play during a subsequent bingo |
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occasion that is scheduled to
begin at the same premises in not more |
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than eight hours after the sale
of cards for the subsequent occasion |
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begins. |
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(e) Bingo
cards, pull-tab bingo tickets, and the use of |
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card-minding devices
[paper] for a bingo occasion may be sold at the |
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licensed premises at any time
beginning one hour before the bingo |
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occasion and ending at the
conclusion of the bingo occasion |
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[begins]. |
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(f) If
pull-tab bingo tickets are sold by one licensed |
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authorized organization that
conducts consecutive bingo occasions |
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during one day, the
organization may account for and report all of |
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the pull-tab bingo ticket
sales for the occasions as sales for the |
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final occasion. |
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SECTION 4. Section
2001.451(b), Occupations Code, is |
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amended to read as follows: |
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(b) Except
as provided by Section 2001.502(a), a [A] |
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licensed authorized organization
shall deposit in the bingo account |
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all funds derived from the
conduct of bingo, less the amount awarded |
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as cash prizes under Sections
2001.420(a) and (b). Except as |
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provided by Subsection (b-1), a
deposit must be made not later than |
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the third [second]
business day after the day of the bingo occasion |
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on which the receipts were
obtained. |
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SECTION 5. Section
2001.502, Occupations Code, is amended |
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to read as follows: |
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Sec. 2001.502. PRIZE
FEE. (a) A licensed authorized |
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organization or unit as
defined by Section 2001.431 shall: |
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(1) collect
from a person who wins a cash bingo prize |
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of more than $5 a fee in the
amount of five percent of the amount [or |
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value] of the prize;
and |
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(2) except
as otherwise provided by this section, |
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remit to the commission the
amount of the [a] fee collected under |
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Subdivision (1) [in the
amount of five percent of the amount or |
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value of all bingo prizes of
more than $5 awarded]. |
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(b) Notwithstanding
Subsection (a)(2), each quarter, a |
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licensed authorized
organization or unit that collects a prize fee |
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under Subsection (a) for a
bingo game conducted in a county or |
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municipality that was entitled
to receive a portion of a bingo prize |
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fee as of January 1, 2019,
shall remit 50 percent of the amount |
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collected as the prize fee to
the commission and: |
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(1) if
the county or municipality in which the bingo |
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game is conducted voted before
November 1, 2019, to impose the prize |
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fee, remit 50 percent of the
amount collected as the prize fee to: |
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(A) the
county that voted to impose the fee by |
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that date, provided the
location at which the bingo game is |
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conducted is not within the
boundaries of a municipality that voted |
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to impose the prize fee by
that date; |
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(B) the
municipality that voted to impose the fee |
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by that date, provided the
county in which the bingo game is |
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conducted did not vote to
impose the fee by that date; or |
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(C) in
equal shares, the county and the |
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municipality, provided each
voted to impose the fee before that |
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date; or |
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(2) if
neither the county or municipality in which the |
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bingo game is conducted voted
before November 1, 2019, to impose the |
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prize fee, deposit the
remainder of the amount collected as the |
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prize fee in the general
charitable fund of the organization or on a |
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pro rata basis to the general
funds of the organizations comprising |
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the unit, as applicable, to be
used for the charitable purposes of |
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the organization or
organizations. |
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(c) The
governing body of a county or municipality that |
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voted to impose a prize fee
under Subsection (b)(1) may at any time |
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vote to discontinue the
imposition of the fee. If a county or |
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municipality votes on or after
November 1, 2019, to discontinue the |
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fee, the fees to which the
county or municipality, as applicable, |
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was entitled before the vote
shall be collected by the licensed |
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authorized organization or
unit as defined by Section 2001.431 and |
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deposited as provided by
Subsection (b)(2). |
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(d) A
fee collected under Subsection (a) does not apply to: |
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(1) a
merchandise prize awarded as a prize for winning |
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a bingo game, including a
bingo card, a pull-tab bingo ticket, a |
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bingo dauber, or other bingo
merchandise; or |
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(2) the
use of a card-minding device awarded as a prize |
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for winning a bingo
game. |
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SECTION 6. Section
2001.504(a), Occupations Code, is |
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amended to read as follows: |
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(a) A fee
on prizes authorized or imposed under this |
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subchapter is due and is payable
by the license holder or a person |
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conducting bingo without a
license to the commission and county or |
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municipality, as
applicable, quarterly on or before the 25th day of |
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the month succeeding each
calendar quarter. |
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SECTION 7. The
heading to Section 2001.507, Occupations |
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Code, is amended to read as
follows: |
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Sec. 2001.507. COLLECTION
AND DEPOSIT [DISBURSEMENT] OF |
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PRIZE FEE. |
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SECTION 8. Section
2001.507, Occupations Code, is amended |
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by amending Subsection (a) and
adding Subsection (a-1) to read as |
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follows: |
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(a) The
commission shall deposit the revenue collected from |
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the fee on prizes imposed by
Section 2001.502 to the credit of [a |
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special account in] the
general revenue fund. |
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(a-1) The
revenue collected by the commission from the fee |
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on prizes imposed by Section
2001.502 is considered miscellaneous |
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revenue for purposes of
appropriations made to the commission under |
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the General Appropriations Act
for the administration of this |
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chapter. |
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SECTION 9. Section
404.073(c), Government Code, is amended |
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to read as follows: |
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(c) Interest
that has been and that will be accrued or |
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earned from deposits made under a
law to which this subsection |
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applies is state funds not
subject to allocation or distribution to |
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taxing units, cities, or
transportation authorities under that law. |
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This subsection applies to: |
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(1) Section
205.02, Alcoholic Beverage Code; |
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(2) [Section
2001.507, Occupations Code; |
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[(3)]
Section 403.105(d) of this code; |
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(3) [(4)] Sections
321.501 and 321.504, Tax Code; |
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(4) [(5)] Sections
322.301 and 322.304, Tax Code; and |
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(5) [(6)] Sections
323.501 and 323.504, Tax Code. |
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SECTION 10. The
following provisions of the Occupations |
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Code are repealed: |
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(1) Section
2001.103(a-1); |
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(2) Section
2001.104; |
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(3) Section
2001.313(b-3); |
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(4) Section
2001.437(i); |
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(5) Section
2001.503; and |
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(6) Sections
2001.507(b), (c), (d), (e), (f), (g), |
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(h), and (i). |
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SECTION 11. (a)
A county or municipality may receive a |
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portion of the prize fee
collected under Section 2001.502, |
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Occupations Code, as amended by
this Act, after the effective date |
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of this Act only if: |
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(1) the
county or municipality was entitled to receive |
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a portion of a bingo prize fee as
of January 1, 2019; and |
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(2) the
governing body of the county or municipality: |
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(A) by
majority vote of the members of the |
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governing body approves the
continued receipt of funds under that |
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section and notifies the Texas
Lottery Commission of that decision |
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not later than November 1, 2019;
and |
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(B) notifies
each licensed authorized |
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organization within the county's
or municipality's jurisdiction, as |
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applicable, of the continued
imposition of the fee. |
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(b) Not
later than October 1, 2019, the Texas Lottery |
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Commission shall notify the
governing body of a county or |
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municipality that was entitled to
receive a portion of the prize fee |
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collected under Section 2001.502,
Occupations Code, as that section |
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existed immediately before the
effective date of this Act, of the |
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requirements for continued
receipt of the prize fee under that |
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section as provided in Subsection
(a) of this section. |
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SECTION 12. Section
2001.305, Occupations Code, as amended |
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by this Act, applies only to an
authorized organization license or a |
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commercial lessor license that is
issued under Chapter 2001, |
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Occupations Code, on or after the
effective date of this Act. An |
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authorized organization license
or a commercial lessor license |
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issued before the effective date
of this Act is governed by the law |
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as it existed immediately before
the effective date of this Act, and |
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that law is continued in effect
for that purpose. |
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SECTION 13. (a)
Except as otherwise provided by Subsection |
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(b) of this section, this Act
takes effect January 1, 2020. |
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(b) The
following provisions take effect September 1, 2019: |
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(1) Section
2001.502(c), Occupations Code, as added by |
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this Act; |
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(2) Section
2001.507(a), Occupations Code, as amended |
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by this Act; and |
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(3) Section
2001.507(a-1), Occupations Code, as added |
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by this Act. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the
House |
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I certify that H.B.
No. 914 was passed by the House on April |
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30, 2019, by the following
vote: Yeas 137, Nays 8, 2 present, not |
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voting; and that the House
concurred in Senate amendments to H.B. |
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No. 914 on May 24, 2019, by the
following vote: Yeas 102, Nays 37, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the
House |
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I certify that H.B.
No. 914 was passed by the Senate, with |
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amendments, on May 22, 2019, by
the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the
Senate |
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APPROVED:
__________________ |
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Date |
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__________________ |
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Governor |