CHAPTER 2001. BINGO
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE A. GAMING
CHAPTER 2001. BINGO
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2001.001. SHORT TITLE. This chapter may be cited as the
Bingo Enabling Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.002. DEFINITIONS. In this chapter:
(1) "Authorized commercial lessor" means a person eligible for a
commercial license to lease bingo premises under Subchapter D.
(2) "Authorized organization" means a person eligible for a
license to conduct bingo.
(3) Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(1),
eff. October 1, 2009.
(4) "Bingo" or "game" means, except as provided by Section
2001.551, a specific game of chance, commonly known as bingo or
lotto, in which prizes are awarded on the basis of designated
numbers or symbols conforming to randomly selected numbers or
symbols.
(4-a) "Bingo chairperson" means an officer or member of the
board of directors of a licensed authorized organization who is
designated in writing by the organization as responsible for
overseeing the organization's bingo activities and reporting to
the membership relating to those activities.
(5) "Bingo equipment" means equipment used, made, or sold for
the purpose of use in bingo. The term:
(A) includes:
(i) a machine or other device from which balls or other items
are withdrawn to determine the letters and numbers or other
symbols to be called;
(ii) an electronic or mechanical cardminding device;
(iii) a pull-tab dispenser;
(iv) a bingo card;
(v) a bingo ball; and
(vi) any other device commonly used in the direct operation of a
bingo game; and
(B) does not include:
(i) a bingo game set commonly manufactured and sold as a child's
game for a retail price of $20 or less unless the set or a part
of the set is used in bingo subject to regulation under this
chapter; or
(ii) a commonly available component part of bingo equipment such
as a light bulb or fuse.
(6) "Bingo occasion" means a single gathering or session at
which a bingo game or a series of bingo games, including selling
and redeeming pull-tab bingo tickets, are conducted on the day
and at the times listed on the license issued to a licensed
authorized organization.
(7) "Charitable purpose" means a purpose described by Section
2001.454.
(8) "Commission" means the Texas Lottery Commission.
(8-a) "Crime of moral turpitude" means:
(A) a felony;
(B) a gambling offense;
(C) criminal fraud;
(D) forgery;
(E) theft;
(F) an offense that involves filing false information with a
governmental agency; or
(G) any offense that:
(i) is classified in this state as a Class A misdemeanor; and
(ii) puts the honesty and integrity of the individual who
committed the offense in question.
(9) "Distributor" means a person who obtains, by purchase or
otherwise, bingo equipment or supplies for use in bingo in this
state and sells or furnishes the items to another person for use,
resale, display, or operation.
(10) Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec.
42(1), eff. October 1, 2009.
(11) "Fraternal organization" means:
(A) a nonprofit organization organized to perform and engaged
primarily in performing charitable, benevolent, patriotic,
employment-related, or educational functions that meet the other
requirements of this chapter; or
(B) a nonprofit National Historical District Association
representing the owners and lessees of a majority of the real
property located in a National Historical District designated for
not less than five years by the National Register of Historic
Places, Heritage Conservation and Recreation Service of the
United States Department of the Interior, if the association's
net proceeds are used for restoration, construction, maintenance,
and security in the district. The term "fraternal organization"
does not include an organization whose members are predominantly
veterans or dependents of veterans of the armed services of the
United States.
(12) "Governing body" means the commissioners court with regard
to a county or justice precinct or the city council or other
chief legislative body with regard to a municipality.
(13) "Gross receipts" means the total amount received from the
sale, rental, transfer, or use of bingo cards and entrance fees
charged at premises at which bingo is conducted.
(14) "Licensed authorized organization" means an authorized
organization that holds a license to conduct bingo.
(15) "Licensed commercial lessor" means a person licensed to
lease premises and act as a commercial lessor.
(16) "Manufacturer" means:
(A) a person who assembles from raw materials or subparts a
completed piece of bingo equipment or supplies for use in bingo
games in this state; or
(B) a person who converts, modifies, adds to, or removes parts
from any bingo equipment, item, or assembly to further its
promotion or sale for or use in a bingo game in this state.
(17) "Municipal secretary" means the officer of a municipality
performing the duties of municipal secretary.
(18) "Net proceeds" means:
(A) in relation to the gross receipts from one or more bingo
occasions, the amount remaining after deducting the reasonable
sums necessarily and actually expended for expenses under Section
2001.458 and the fee on prizes under Section 2001.502; and
(B) in relation to the gross rent or other consideration
received by a licensed authorized organization for the use of its
premises, fixtures, or equipment by another license holder, the
amount remaining after deducting the reasonable sums necessarily
and actually expended for any janitorial services and utility
supplies directly attributable to the use of the premises,
fixtures, or equipment.
(19) "Nonprofit organization" means an unincorporated
association or a corporation that is incorporated or holds a
certificate of authority under the Texas Non-Profit Corporation
Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
The organization:
(A) may not distribute any of its income to its members,
officers, or governing body, other than as reasonable
compensation for services; and
(B) must have obtained tax exempt status under Section 501(c),
Internal Revenue Code of 1986.
(20) "Person" means an individual, partnership, corporation, or
other group.
(21) "Political subdivision" means a county, justice precinct,
or municipality.
(22) "Premises" means the area subject to the direct control of
and actual use by a licensed authorized organization or group of
licensed authorized organizations to conduct bingo. The term
includes a location or place.
(23) "Primary business office" means the location at which all
records relating to the primary purpose of a licensed authorized
organization are maintained in the ordinary course of business.
(24) "Pull-tab bingo" means a form of bingo played using tickets
with perforated break-open tabs, made of paper or paper products,
the face of which is covered or otherwise hidden from view to
conceal numbers, letters, or symbols, some of which have been
designated in advance as prize winners. The term includes games
commonly known as "instant bingo" and "break-open bingo."
(25) "Pull-tab dispenser" means an electronic or mechanical
device that dispenses a pull-tab bingo ticket after a person
inserts money into the device and includes a device commonly
known as a "ticket dispenser."
(25-a) "Regular license" means a license to conduct bingo that
is issued by the commission and that expires on the first or
second anniversary of the date of issuance unless revoked or
suspended before that date by the commission. The term includes
an annual license.
(26) "Religious society" means a church, synagogue, or other
organization organized primarily for religious purposes.
(27) "Veterans organization" means a nonprofit organization:
(A) whose members are veterans or dependents of veterans of the
armed services of the United States; and
(B) that is chartered by the United States Congress and
organized to advance the interests of veterans or active duty
personnel of the armed forces of the United States and their
dependents.
(28) "Volunteer fire department" means a fire-fighting
organization that:
(A) operates fire-fighting equipment;
(B) is organized primarily to provide fire-fighting service;
(C) is actively providing fire-fighting service; and
(D) does not pay its members compensation other than nominal
compensation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 1, eff. October 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 42(1), eff. October 1, 2009.
SUBCHAPTER B. COMMISSION POWERS AND DUTIES
Sec. 2001.051. CONTROL AND SUPERVISION OF BINGO; BINGO DIVISION.
(a) The commission shall administer this chapter.
(b) The commission has broad authority and shall exercise strict
control and close supervision over all bingo conducted in this
state so that bingo is fairly conducted and the proceeds derived
from bingo are used for an authorized purpose.
(c) The commission shall execute its authority through a bingo
division established by the commission to administer this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.052. DIRECTOR OF BINGO OPERATIONS. (a) The
commission shall employ a director of bingo operations.
(b) The director of bingo operations shall administer the bingo
division under the direction of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.053. OFFICERS AND INVESTIGATORS. The commission may
employ officers or investigators the commission considers
necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.054. RULEMAKING AUTHORITY. The commission may adopt
rules to enforce and administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.055. REGULATION OF GAMES. The commission by rule may
establish the number and type of bingo games that may be played
during a bingo occasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.056. APPROVAL OF BINGO CARDS. (a) The commission by
rule shall provide procedures for the approval of bingo cards.
(b) A license holder may not use or distribute a bingo card
unless the card has been approved by the commission.
(c) The commission may set the price or adopt a schedule of
prices for the sale or provision of bingo cards by a licensed
authorized organization.
(d) A licensed authorized organization may not sell or provide a
bingo card at a price other than a price authorized by the
commission or a schedule adopted by the commission.
(e) The commission by rule may require a licensed authorized
organization to notify the commission of the price for bingo
cards the organization will use for one or more reporting
periods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.057. BINGO ADVISORY COMMITTEE. (a) The commission
may appoint a bingo advisory committee consisting of nine
members. The commission shall appoint members representing a
balance of interests including representatives of:
(1) the public;
(2) charities that operate bingo games; and
(3) commercial and charity lessors that participate in the bingo
industry.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(2),
eff. October 1, 2009.
(c) A committee member serves at the pleasure of the commission.
(d) A committee member is not entitled to receive compensation
for serving as a member. A committee member is entitled to
reimbursement for reasonable expenses incurred in performing
duties as a member.
(e) The committee may:
(1) advise the commission on the needs and problems of the
state's bingo industry;
(2) comment on rules involving bingo during their development
and before final adoption unless an emergency requires immediate
action by the commission;
(3) report annually to the commission on the committee's
activities; and
(4) perform other duties as determined by the commission.
(f) The committee may meet quarterly or at the commission's
request.
(g) The commission may adopt rules to govern the operations of
the committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 42(2), eff. October 1, 2009.
Sec. 2001.058. PUBLIC INFORMATION. (a) The commission shall
provide to any person on request a printed copy of this chapter
and the rules applicable to the enforcement of this chapter.
(b) The commission may charge a reasonable amount for a copy
provided under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.059. ADVISORY OPINIONS. (a) An officer, bingo
chairperson, or authorized representative of a license holder or
an attorney, accountant, or bookkeeper employed or retained by a
license holder may request from the commission an advisory
opinion regarding compliance with this chapter and the rules of
the commission.
(b) The commission shall respond to a request under Subsection
(a) not later than the 60th day after the date a request is
received, unless the commission determines that the request does
not contain sufficient facts to provide an answer on which the
requestor may rely. In that event, the commission shall request
additional information from the requestor not later than the 10th
day after the date the request is received. If the commission
requests additional information, the commission shall respond to
the request not later than the 60th day after the date additional
information is received pursuant to the request for additional
information.
(c) A person who requests an advisory opinion under Subsection
(a) may act in reliance on the opinion in the conduct of any
activity under any license issued under this chapter if the
conduct is substantially consistent with the opinion and the
facts stated in the request.
(d) An advisory opinion issued under this section is not a rule
under Subchapter B, Chapter 2001, Government Code, and the
rulemaking requirements of that subchapter do not apply to a
request for an advisory opinion or any advisory opinion issued by
the commission.
(e) Nothing in this section precludes the commission from
requesting an attorney general opinion under Section 402.042,
Government Code. In the event the commission requests an attorney
general opinion on a matter that is the subject of an advisory
opinion request under this section, the deadlines established
under Subsection (b) are tolled until 30 days following the
issuance of the attorney general opinion.
(f) The commission may delegate all or part of the authority and
procedures for issuing advisory opinions under this section to an
employee of the commission.
(g) The commission may refuse to issue an advisory opinion under
this section on a matter that the commission knows to be in
active litigation.
Added by Acts 2003, 78th Leg., ch. 1114, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 2, eff. October 1, 2009.
Sec. 2001.060. REPORTING. (a) On or before June 1 of each
even-numbered year, the commission shall prepare and deliver to
the governor, the lieutenant governor, the speaker of the house
of representatives, and the chairs of the standing committees of
the senate and house of representatives with primary jurisdiction
over charitable bingo a report stating for each of the preceding
two calendar years:
(1) the total amount of adjusted gross receipts reported by
licensed authorized organizations from their bingo operations;
(2) the total amount of net proceeds reported by licensed
authorized organizations from their bingo operations; and
(3) a comparison of the amounts reported under Subdivisions (1)
and (2), including the percentage that the net proceeds
represents of the adjusted gross receipts.
(b) For purposes of Subsection (a), "adjusted gross receipts"
means the amount remaining after deducting prizes paid, excluding
prize fees collected from bingo players.
(c) For purposes of Subsection (a), the commission shall
determine the total amount of net proceeds in a manner that does
not reduce gross receipts by the amount of rent paid for the
rental of bingo premises by a licensed authorized organization to
another licensed authorized organization if the other
organization pays rent for the premises to a licensed commercial
lessor.
Added by Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 3, eff. October 1, 2009.
SUBCHAPTER C. LICENSE TO CONDUCT BINGO
Sec. 2001.101. AUTHORIZED ORGANIZATION. (a) The commission may
license a person who is an authorized organization eligible for a
license to conduct bingo if the person is:
(1) a religious society that has existed in this state for at
least three years;
(2) a nonprofit organization:
(A) whose predominant activities are for the support of medical
research or treatment programs; and
(B) that for at least three years:
(i) must have had a governing body or officers elected by a vote
of members or by a vote of delegates elected by the members; or
(ii) must have been affiliated with a state or national
organization organized to perform the same purposes as the
nonprofit organization;
(3) a fraternal organization;
(4) a veterans organization that has existed in this state for
at least three years;
(5) a volunteer fire department that has existed in this state
for at least three years; or
(6) a volunteer emergency medical services provider that has
existed in this state for at least three years.
(b) A fraternal organization:
(1) must have been organized in this state for at least three
years;
(2) must have had during the three-year period a bona fide
membership actively and continuously engaged as an organization
in furthering its authorized purposes; and
(3) may not have authorized a person on behalf of its
membership, governing body, or officers to support or oppose a
particular candidate for public office by:
(A) making political speeches;
(B) passing out cards or other political literature;
(C) writing letters;
(D) signing or circulating petitions;
(E) making campaign contributions; or
(F) soliciting votes.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 4, eff. October 1, 2009.
Sec. 2001.102. LICENSE APPLICATION. (a) An applicant for a
license to conduct bingo must file with the commission an
application on a form prescribed by the commission.
(b) The application must include:
(1) the name and address of the applicant;
(2) the names and addresses of the applicant's officers and
directors;
(3) the address of the premises where and the time when the
applicant intends to conduct bingo under the license sought;
(4) the name and address of the licensed commercial lessor of
the premises, if the applicant intends to lease premises to
conduct bingo from a person other than an authorized
organization;
(5) a statement that the net proceeds of bingo will go to one
or more of the authorized charitable purposes under this chapter;
(6) a designation of the applicant organization's bingo
chairperson under whom bingo will be conducted accompanied by a
statement signed by the chairperson stating that the chairperson
will be responsible for the conduct of bingo under the terms of
the license and this chapter;
(7) sufficient facts relating to the applicant's incorporation
and organization to enable the commission to determine whether
the applicant is an authorized organization;
(8) a copy of the applicant organization's most recently filed
Internal Revenue Service Form 990, if applicable;
(9) a letter of good standing from the applicant organization's
parent organization, if the organization receives an exemption
from federal income taxes as a member of a group of
organizations;
(10) copies of the applicant organization's organizing
instruments, including any bylaws, constitution, charter, and
articles of incorporation;
(11) verification of the applicant organization's good standing
with the secretary of state if the organization is organized
under the law of this state; and
(12) information necessary to conduct criminal background checks
on the applicant organization's officers and directors.
(c) A copy of the Internal Revenue Service letter that approves
an applicant's exemption from taxation under Section 501(c),
Internal Revenue Code of 1986, is adequate evidence of the
person's tax-exempt status. A letter of good standing from a
parent organization that holds an exemption from taxation under
Section 501(c), Internal Revenue Code of 1986, for both the
parent organization and its affiliate is adequate evidence of the
affiliate organization's tax-exempt status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 5, eff. October 1, 2009.
Sec. 2001.103. TEMPORARY LICENSE. (a) An authorized
organization may receive a temporary license to conduct bingo by
filing with the commission an application, on a form prescribed
by the commission, accompanied by a $25 license fee.
(b) A temporary license is valid for four hours during any one
day.
(c) An organization may not receive more than six temporary
licenses in a calendar year.
(d) An organization operating under a temporary license is
subject to:
(1) the taxes and fees authorized or imposed by this chapter;
and
(2) the other provisions of this chapter to the extent they can
be made applicable.
(e) Notwithstanding Subsection (c), an authorized organization
that holds an annual license to conduct bingo may receive not
more than 24 temporary licenses during the 12-month period
following the issuance or renewal of the license. The holder of
a license that is effective for two years may receive not more
than 24 temporary licenses for each 12-month period that ends on
an anniversary of the date the license was issued or renewed.
(f) An authorized organization that holds a regular license to
conduct bingo may apply for all or any portion of the total
number of temporary licenses to which the organization is
entitled under Subsection (e) in one application without stating
the days or times for which the organization will use the
temporary licenses.
(g) An organization that has been issued a temporary license
under Subsection (f) shall notify the commission of the specific
date and time of the bingo occasion for which the temporary
license will be used before using the license. If the commission
receives the notification by noon of the day before the day the
temporary license will be used, the commission shall verify
receipt of the notice before the end of the business day on which
the notice is received. If the commission does not receive the
notification by noon of the day before the day the temporary
license will be used, the commission shall verify receipt of the
notice before noon of the business day that follows the day the
commission received the notice.
(h) A verification under Subsection (g) may be delivered by
facsimile, e-mail, or any other means reasonably contemplated to
arrive before the time the temporary license will be used.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 6, eff. October 1, 2009.
Sec. 2001.104. LICENSE FEES. (a) The commission shall set the
fees for a license to conduct bingo in an amount reasonable to
defray administrative costs but not less than the following:
(1) Class A (annual gross receipts of $25,000 or less)-$100;
(2) Class B (annual gross receipts of more than $25,000 but not
more than $50,000)-$200;
(3) Class C (annual gross receipts of more than $50,000 but not
more than $75,000)-$300;
(4) Class D (annual gross receipts of more than $75,000 but not
more than $100,000)-$400;
(5) Class E (annual gross receipts of more than $100,000 but not
more than $150,000)-$600;
(6) Class F (annual gross receipts of more than $150,000 but not
more than $200,000)-$900;
(7) Class G (annual gross receipts of more than $200,000 but not
more than $250,000)-$1,200;
(8) Class H (annual gross receipts of more than $250,000 but not
more than $300,000)-$1,500;
(9) Class I (annual gross receipts of more than $300,000 but not
more than $400,000)-$2,000; and
(10) Class J (annual gross receipts of more than
$400,000)-$2,500.
(b) The commission by rule shall establish procedures to
determine if the appropriate license fee was paid.
(c) The commission by rule shall provide for:
(1) the payment of any additional fee amount determined to be
due under Subsection (b); and
(2) credit to be given to the license holder for any excess fee
amount determined under Subsection (b) to have been paid by the
license holder.
(d) An applicant shall pay the fees established under Subsection
(a) annually. An applicant for a license or renewal of a license
may obtain a license that is effective for two years by paying an
amount equal to two times the amount of the annual license fee,
or by paying the license fee for the first year at the time the
applicant submits the application and the fee for the second year
not later than the first anniversary of the date the license
becomes effective.
(e) A licensed authorized organization may pay in advance, or
establish an escrow account with the commission to cover, fees
assessed under this chapter for the amendment of a license or
issuance of a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 4, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 7, eff. October 1, 2009.
Sec. 2001.105. LICENSE ISSUANCE OR RENEWAL. (a) The commission
shall issue or renew a license to conduct bingo on payment of the
license fee provided by Section 2001.104 if the commission
determines that:
(1) the member or members of the applicant designated in the
application to conduct bingo are active members of the applicant;
(2) the bingo is to be conducted in accordance with this
chapter;
(3) the proceeds of the bingo are to be disposed in accordance
with this chapter;
(4) the applicant has made and can demonstrate significant
progress toward the accomplishment of the purposes of the
organization during the 12 months preceding the date of
application for a license or license renewal;
(5) all persons who will conduct, promote, or administer the
proposed bingo are active members of the applicant organization
and all other persons who will assist in conducting, promoting,
or administering the proposed bingo games are persons authorized
to do so by Section 2001.411; and
(6) no person under whose name bingo will be conducted and no
person working at the proposed bingo has been convicted of a
felony, a gambling offense, criminal fraud, or a crime of moral
turpitude if less than 10 years has elapsed since the termination
of a sentence, parole, mandatory supervision, or community
supervision served for the offense.
(b) The commission may not issue a license to an authorized
organization to conduct bingo if an officer or member of the
board of directors of the organization has been convicted of a
felony, criminal fraud, a gambling or gambling-related offense,
or a crime of moral turpitude if less than 10 years has elapsed
since the termination of a sentence, parole, mandatory
supervision, or community supervision served for the offense.
(c) Except as provided by Section 2001.104(d), a license issued
under this subchapter is effective for one year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 5, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 8, eff. October 1, 2009.
Sec. 2001.106. FORM AND CONTENTS OF LICENSE. A license to
conduct bingo must include:
(1) the name and address of the license holder;
(2) the name and address of the bingo chairperson of the license
holder under whom the bingo will be conducted; and
(3) the address of the premises where and the time when bingo is
to be conducted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 9, eff. October 1, 2009.
Sec. 2001.107. TRAINING PROGRAM. (a) Unless the organization
is a member of a unit that designates a unit manager under
Section 2001.437, the bingo chairperson for a licensed authorized
organization shall complete the training required by commission
rule. For a unit operating under Subchapter I-1, the unit
manager shall complete the training if the unit designates a unit
manager under Section 2001.437.
(b) A training program approved by the commission must include
training related to:
(1) conducting bingo;
(2) administering and operating bingo; and
(3) promoting bingo.
(c) The commission by rule shall establish:
(1) the content of the training course;
(2) information concerning training to be reported to the
commission; and
(3) other training program requirements that the commission
determines to be necessary to promote the fair conduct of bingo
and compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 10, eff. October 1, 2009.
Sec. 2001.108. LICENSE AMENDMENT FOR CHANGE OF BINGO PREMISES OR
OCCASIONS. (a) A licensed authorized organization and the
licensed commercial lessor at which the organization conducts or
will conduct bingo may file a joint application with the
commission to change the premises at which the organization may
conduct bingo or the times of the organization's bingo occasions
to allow the organization to conduct bingo at the same time and
premises that another licensed authorized organization is
licensed to conduct bingo if the other organization has ceased,
or will cease, conducting bingo at that time and premises. The
application must state whether the other organization has ceased
or will cease conducting bingo at that time and premises because:
(1) the organization has abandoned or will abandon its licensed
time or premises; or
(2) the organization's lease has been or will be terminated.
(b) If the other organization ceased or will cease conducting
bingo for the reason stated in Subsection (a)(1), the commission
must act on the joint application filed under Subsection (a) not
later than the 14th day after the date the application is filed
with the commission.
(c) If the other organization ceased or will cease conducting
bingo for the reason stated in Subsection (a)(2), the commission
must act on the joint application filed under Subsection (a) not
later than the 14th day after the date the application is filed
with the commission or the date on which the termination takes
effect, whichever is later.
(d) If the commission fails to act within the time provided by
Subsection (b) or (c), the licensed authorized organization may
act as if the change in premises or bingo occasions has been
approved by the commission and may conduct bingo at the new
premises or during the new bingo occasion until the commission
acts on the application.
(e) Notwithstanding Subsection (d), the commission may issue
temporary licenses to one or more licensed authorized
organizations that conduct bingo at the same location as an
organization that has ceased or will cease to conduct bingo,
which are in addition to the number of temporary licenses each
organization is entitled to under another provision of this
chapter. The commission is not required to act on a joint
application under Subsection (a) within the time provided by this
section if the number of additional temporary licenses is
sufficient to allow the other organizations at the location to
conduct bingo during the licensed times of the organization that
has ceased or will cease to conduct bingo.
Added by Acts 2003, 78th Leg., ch. 1114, Sec. 6, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 11, eff. October 1, 2009.
SUBCHAPTER D. COMMERCIAL LESSOR LICENSE
Sec. 2001.151. LICENSE REQUIRED. A person who leases premises
on which bingo is conducted directly to a licensed authorized
organization must be a licensed commercial lessor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.152. ELIGIBILITY. (a) The commission may issue a
commercial lessor license only to:
(1) a licensed authorized organization that owns or leases a
premises where bingo is or will be conducted or an association of
licensed authorized organizations that jointly own or lease
premises where bingo is or will be conducted and that the
organization or association leases or offers for lease to one or
more other authorized organizations for the conduct of bingo;
(2) a person who leases premises to a single licensed authorized
organization that subleases or will sublease the premises to one
or more other licensed authorized organizations for the conduct
of bingo; or
(3) a person who leases premises for the total control and
exclusive use of only one licensed authorized organization as
that organization's primary business office.
(b) Notwithstanding Subsection (a), a person who was a licensed
commercial lessor on June 10, 1989, whose license has been in
effect continuously since that date, and who is otherwise
eligible for the license may renew the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 7, eff. Sept. 1,
2003.
Sec. 2001.153. RESTRICTIONS ON SOURCE OF FUNDS. (a) The
commission may not issue a commercial lessor license to a person
unless the commission receives evidence the commission considers
adequate that funds used by the person seeking the license to
obtain the premises, provide the premises with furniture,
fixtures, or equipment, renovate the premises, or provide
utilities to the premises are:
(1) the person's own funds; or
(2) the funds of another person, including loan proceeds, that:
(A) were obtained in an arms-length transaction that was
commercially reasonable under the circumstances; and
(B) were not obtained under an expectation or obligation that
the person from whom the funds were obtained would directly
participate in, or have a legal interest in, rents obtained under
the license or revenues or profits from the conduct of bingo on
the premises.
(b) Subsection (a) does not prohibit a group of licensed
authorized organizations from combining the organizations' funds
or combining or jointly obtaining funds described by Subsection
(a)(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.154. INELIGIBLE PERSONS. (a) The commission may not
issue a commercial lessor license to or renew a commercial lessor
license of:
(1) a person convicted of a felony, criminal fraud, a gambling
or gambling-related offense, or a crime of moral turpitude if
less than 10 years has elapsed since termination of a sentence,
parole, mandatory supervision, or community supervision served
for the offense;
(2) a public officer who receives any consideration, direct or
indirect, as owner or lessor of premises offered for conducting
bingo;
(3) a person who extends credit to, loans money to, or pays or
provides for the payment of license fees for an authorized
organization;
(4) a distributor or manufacturer;
(5) a person in which a person covered by Subdivision (1), (2),
(3), or (4) or a person married or related in the first degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to one of those persons has greater than a 10
percent proprietary, equitable, or credit interest or in which
one of those persons is active or employed;
(6) a foreign corporation or other foreign legal entity;
(7) an individual who is not a resident of this state;
(8) a corporation or other legal entity owned or controlled by:
(A) a foreign corporation; or
(B) an individual who is not a resident of this state; or
(9) a corporation or other legal entity:
(A) whose shares are publicly traded; or
(B) owned or controlled by a corporation whose shares are
publicly traded.
(b) Subsection (a)(5) does not prevent an authorized
organization or other person that is not organized for pecuniary
profit and no part of the net earnings of which inure to the
benefit of an individual, member, or shareholder from being
licensed as a commercial lessor solely because a public officer
or a person married or related in the first degree by
consanguinity or affinity to a public officer is a member of,
active in, or employed by the authorized organization or other
person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.156. LICENSE APPLICATION. (a) An applicant for a
commercial lessor license must file with the commission a written
verified application on a form prescribed by the commission.
(b) The license application must include:
(1) the name and address of the applicant and each other person
who has a financial interest in or who is in any capacity a real
party in interest in the applicant's business as it pertains to
this chapter;
(2) a designation and address of the premises intended to be
covered by the license;
(3) the lawful capacity of the premises for public assembly
purposes;
(4) a statement that a copy of the application has been sent to
the appropriate governing body; and
(5) a statement that the applicant complies with the conditions
for eligibility for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.157. SUPPLEMENTAL INFORMATION. At any time the
commission, the appropriate governing body, or the attorney
general may make a written request of a commercial lessor to
disclose:
(1) the cost of the premises and appraised value for property
tax purposes or annual net lease rent, whichever is applicable;
(2) gross rentals received and itemized expenses for the
preceding calendar or fiscal year, if any;
(3) gross rentals, if any, derived from bingo during the
preceding calendar or fiscal year;
(4) the computation by which the proposed rental schedule was
determined;
(5) the number of occasions on which the lessor anticipates
receiving rent for bingo during the next year or shorter period
if applicable and the proposed rent for each of those occasions;
(6) estimated gross rental income from all other sources during
the next year; and
(7) estimated expenses itemized for the current year and the
amount of each item allocated to bingo rentals.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.158. LICENSE FEES. (a) The commission shall set the
fees for a commercial lessor license in an amount reasonable to
defray administrative costs but not less than the following:
(1) Class A (annual gross rentals from licensed organizations of
not more than $12,000)-$100;
(2) Class B (annual gross rentals from licensed organizations of
more than $12,000 but not more than $20,000)-$200;
(3) Class C (annual gross rentals from licensed organizations of
more than $20,000 but not more than $30,000)-$300;
(4) Class D (annual gross rentals from licensed organizations of
more than $30,000 but not more than $40,000)-$400;
(5) Class E (annual gross rentals from licensed organizations of
more than $40,000 but not more than $50,000)-$600;
(6) Class F (annual gross rentals from licensed organizations of
more than $50,000 but not more than $60,000)-$900;
(7) Class G (annual gross rentals from licensed organizations of
more than $60,000 but not more than $70,000)-$1,200;
(8) Class H (annual gross rentals from licensed organizations of
more than $70,000 but not more than $80,000)-$1,500;
(9) Class I (annual gross rentals from licensed organizations of
more than $80,000 but not more than $90,000)-$2,000; and
(10) Class J (annual gross rentals from licensed organizations
of more than $90,000)-$2,500.
(b) The commission by rule shall establish procedures for
determining if the appropriate license fee was paid.
(c) The commission by rule shall provide for:
(1) the payment of any additional fee amount determined to be
due not paid under Subsection (b); and
(2) credit to be given to the license holder for any excess fee
amount determined under Subsection (b) to have been paid by the
license holder.
(d) An applicant for a commercial lessor license shall pay the
fees established under Subsection (a) annually. An applicant for
a license or renewal of a license may obtain a license that is
effective for two years by paying an amount equal to two times
the amount of the annual license fee, or by paying the license
fee for the first year at the time the applicant submits the
application and the license fee for the second year not later
than the first anniversary of the date the license becomes
effective.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 8, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 12, eff. October 1, 2009.
Sec. 2001.159. LICENSE ISSUANCE OR RENEWAL. (a) The commission
shall issue or renew a commercial lessor license if the
commission determines that:
(1) the applicant has paid the license fee as provided by
Section 2001.158;
(2) the applicant qualifies to be licensed under this chapter;
(3) the rent to be charged is fair and reasonable;
(4) there is no diversion of the funds of the proposed lessee
from the lawful purposes under this chapter;
(5) the person whose signature or name appears in the
application is in all respects the real party in interest and is
not an undisclosed agent or trustee for the real party in
interest; and
(6) the applicant will lease the premises for the conduct of
bingo in accordance with this chapter.
(b) The commission shall issue a commercial lessor license under
this section for the period specified in the license application
or for a shorter period as the commission determines.
(c) Except as provided by Section 2001.158(d), the period may
not exceed one year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 9, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 13, eff. October 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 14, eff. October 1, 2009.
Sec. 2001.160. TRANSFER OF LICENSE. (a) A licensed commercial
lessor may not transfer a commercial lessor license except as
provided by this section.
(b) A transfer of a commercial lessor license under this section
may be made only with the prior approval of the commission. The
commission shall approve the transfer under this section if the
person to whom the license will be transferred otherwise meets
the requirements of this section.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(3),
eff. October 1, 2009.
(d) Subject to Subsections (e) and (f), if an individual who
holds a commercial lessor license dies or becomes incapacitated
as determined by a court of this state, the individual's license
is part of the individual's estate and is subject to the
applicable laws governing the disposition and control of the
person's property. The license is not considered to have been
transferred, subject to compliance with Subsection (g). The
individual's estate may take any action with respect to the
individual's license that the individual could have taken while
the individual was alive or had capacity.
(e) Unless an injunction is issued under this section, a
licensed authorized organization that conducts bingo lawfully at
premises under a license to which Subsection (d) applies may
continue conducting bingo at the premises after the death or
incapacity of the commercial lessor license holder.
(f) On the showing by the commission of a cause that would be
sufficient for the commission to obtain a license suspension
under Section 2001.355, a district court in the county for which
a commercial lessor license was issued may temporarily or
permanently enjoin the conduct of bingo at premises under a
license to which Subsection (d) applies.
(g) The estate or guardian of an individual to whom Subsection
(d) applies shall notify the commission not later than one year
after the date the individual dies or is determined to be
incapacitated by a court of this state. The estate or guardian
and the heirs or other appropriate person shall promptly take all
necessary steps to complete a transfer of the license to the
heirs or other appropriate person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 42(3), eff. October 1, 2009.
Sec. 2001.161. LICENSED AUTHORIZED ORGANIZATION AS COMMERCIAL
LESSOR. (a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 636,
Sec. 42(4), eff. October 1, 2009.
(b) A licensed authorized organization may obtain only one
commercial lessor license.
(c) The commission may issue a commercial lessor license to a
licensed authorized organization only for the same premises where
the organization is licensed to conduct bingo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 42(4), eff. October 1, 2009.
SUBCHAPTER E. MANUFACTURER'S AND DISTRIBUTOR'S LICENSES
Sec. 2001.201. MANUFACTURER'S LICENSE REQUIRED. A manufacturer
may not sell or supply to a person in this state or for use in
this state bingo cards, boards, sheets, pads, or other supplies,
or equipment designed to be used in playing bingo, or engage in
any intrastate activity involving those items, unless the
manufacturer holds a manufacturer's license under this
subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.202. ELIGIBILITY FOR MANUFACTURER'S LICENSE. The
following persons are not eligible for a manufacturer's license:
(1) a person convicted of a felony, criminal fraud, a gambling
or gambling-related offense, or a crime of moral turpitude if
less than 10 years has elapsed since the termination of a
sentence, parole, mandatory supervision, or community supervision
served for the offense;
(2) a person who is or has been a professional gambler or
gambling promoter;
(3) an elected or appointed public officer or a public employee;
(4) an owner, officer, director, shareholder, agent, or employee
of a licensed commercial lessor;
(5) a person who conducts, promotes, or administers, or assists
in conducting, promoting, or administering, bingo for which a
license is required by this chapter;
(6) a distributor required to be licensed under this chapter;
(7) a person who has had a license to manufacture, distribute,
or supply bingo equipment or supplies revoked within the
preceding year by another state;
(8) an owner, officer, director, or shareholder of, or a person
holding an equitable or credit interest in, another manufacturer
or distributor licensed or required to be licensed under this
chapter; or
(9) a person:
(A) in which a person described by Subdivision (1), (2), (3),
(4), (5), (6), (7), or (8) or in which a person married or
related in the first degree by consanguinity or affinity to one
of those persons has greater than a 10 percent proprietary,
equitable, or credit interest or in which one of those persons is
active or employed; or
(B) in whose application for a manufacturer's license a person
described by Subdivision (1), (2), (3), (4), (5), (6), (7), or
(8) is required to be named.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.203. MANUFACTURER'S LICENSE APPLICATION. (a) An
applicant for a manufacturer's license must file with the
commission an application on a form prescribed by the commission.
(b) The application must include:
(1) the name and address of the applicant and the name and
address of each of its locations where bingo supplies or
equipment are manufactured;
(2) a full description of each type of bingo supply or equipment
that the applicant intends to manufacture or market in this state
and the brand name, if any, under which each item will be sold;
(3) if the applicant:
(A) is not a corporation, the name and home address of each
owner; or
(B) is a corporation, the name and home address of each officer
and director and each person owning more than 10 percent of a
class of stock in the corporation;
(4) if the applicant is a foreign corporation or other foreign
legal entity, the name, business name and address, and address of
its registered agent for service in this state;
(5) the name and address of each manufacturer, supplier, and
distributor in which the applicant has a financial interest and
the details of that financial interest, including any
indebtedness between the applicant and the manufacturer,
supplier, or distributor of $5,000 or more;
(6) information regarding whether the applicant or a person
required to be named in the application has been convicted in
this state or another state of a felony, criminal fraud, a
gambling or gambling-related offense, or a crime of moral
turpitude;
(7) information regarding whether the applicant or a person
required to be named in the application is an owner, officer,
director, shareholder, agent, or employee of a licensed
commercial lessor or conducts, promotes, administers, or assists
in conducting, promoting, or administering bingo for which a
license is required by this chapter;
(8) information regarding whether the applicant or a person
required to be named in the application is a public officer or
public employee in this state;
(9) the name of each state in which the applicant is or has been
licensed to manufacture, distribute, or supply bingo equipment or
supplies, each license number, the period of time licensed under
each license, and whether a license has been revoked, suspended,
withdrawn, canceled, or surrendered and, if so, the reasons for
the action taken;
(10) information regarding whether the applicant or a person
required to be named in the application is or has been a
professional gambler or gambling promoter;
(11) the names and addresses of each manufacturer, supplier, or
distributor of bingo equipment or supplies in which the applicant
or a person required to be named in the application is an owner,
officer, shareholder, director, agent, or employee; and
(12) any other information the commission requests.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 15, eff. October 1, 2009.
Sec. 2001.204. MANUFACTURER'S LICENSE BOND. (a) An applicant
for a manufacturer's license must give the commission a cash bond
or a bond in the amount of $10,000 issued by a surety company
chartered or authorized to do business in this state.
(b) The bond must provide for forfeiture to the state on the
manufacturer's failure to comply with this chapter or a
commission rule or on suspension or revocation of the
manufacturer's license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.205. MANUFACTURER'S LICENSE FEE. (a) The annual
manufacturer's license fee is $3,000.
(b) In addition to the annual license fee, the commission may
require an additional fee in an amount necessary to defray the
cost of a background investigation, including the inspection of
manufacturing plants and locations. The commission by rule may
establish the conditions and procedure for payment of the
additional fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.206. DISTRIBUTOR'S LICENSE REQUIRED. A distributor
may not sell, distribute, or supply bingo equipment or supplies
for use in bingo in this state unless the distributor holds a
distributor's license under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.207. ELIGIBILITY FOR DISTRIBUTOR'S LICENSE. The
following persons are not eligible for a distributor's license:
(1) a person convicted of a felony, criminal fraud, a gambling
or gambling-related offense, or a crime of moral turpitude if
less than 10 years has elapsed since the termination of a
sentence, parole, community supervision, or mandatory supervision
served for the offense;
(2) a person who is or has been a professional gambler or
gambling promoter;
(3) an elected or appointed public officer or a public employee;
(4) an owner, officer, director, shareholder, agent, or employee
of a licensed commercial lessor;
(5) a person who conducts, promotes, or administers, or assists
in conducting, promoting, or administering bingo for which a
license is required by this chapter;
(6) a manufacturer required to be licensed under this chapter;
(7) a person who has had a license to manufacture, distribute,
or supply bingo equipment or supplies revoked within the
preceding year by another state;
(8) an owner, officer, director, or shareholder of, or a person
having an equitable or credit interest in, another manufacturer
or distributor licensed or required to be licensed under this
chapter; or
(9) a person:
(A) in which a person described by Subdivision (1), (2), (3),
(4), (5), (6), (7), or (8) or in which a person married or
related in the first degree by consanguinity or affinity, as
determined under Subchapter B, Chapter 573, Government Code, to
one of those persons has greater than a 10 percent proprietary,
equitable, or credit interest or in which one of those persons is
active or employed; or
(B) in whose application a person described by Subdivision (1),
(2), (3), (4), (5), (6), (7), or (8) is required to be named.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.208. DISTRIBUTOR'S LICENSE APPLICATION. (a) An
applicant for a distributor's license must file with the
commission an executed verified application on a form prescribed
by the commission.
(b) The application must include:
(1) the full name and address of the applicant;
(2) the name and address of each location operated by the
distributor from which bingo supplies or equipment are
distributed or at which bingo supplies or equipment are stored;
(3) if a noncorporate distributor, the name and home address of
each owner;
(4) if a corporate distributor, the name and home address of
each officer or director and of each person owning more than 10
percent of a class of stock in the corporation;
(5) if a foreign corporation or other foreign legal entity, the
name, business name and address, and address of its registered
agent for service in this state;
(6) a full description of the type of bingo supply or equipment
that the applicant intends to store or distribute in this state
and the name of the manufacturer of each item and the brand name,
if any, under which the item will be sold or marketed;
(7) the name and address of a manufacturer, supplier, or
distributor in which the applicant has a financial interest and
the details of that financial interest, including an indebtedness
between the applicant and the manufacturer, supplier, or
distributor of $5,000 or more;
(8) information regarding whether the applicant or a person
required to be named in the application has been convicted in
this state or another state of a felony, criminal fraud, a
gambling or gambling-related offense, or a crime of moral
turpitude;
(9) information regarding whether the applicant or a person
required to be named in the application is an owner, officer,
director, shareholder, agent, or employee of a licensed
commercial lessor or conducts, promotes, administers, or assists
in conducting, promoting, or administering bingo for which a
license is required under this chapter;
(10) information regarding whether the applicant or a person
required to be named in the application is a public officer or
public employee in this state;
(11) the name of each state in which the applicant is or has
been licensed to manufacture, distribute, or supply bingo
equipment or supplies, each license number, the period of time
licensed under each license, and whether a license was revoked,
suspended, withdrawn, canceled, or surrendered and, if so, the
reasons for the action taken;
(12) information regarding whether the applicant or a person
required to be named in the application is or has been a
professional gambler or gambling promoter;
(13) the name and address of each manufacturer, supplier, or
distributor of bingo equipment or supplies in which the applicant
or a person required to be named in the application is an owner,
officer, shareholder, director, agent, or employee; and
(14) any other information the commission requests.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
636, Sec. 16, eff. October 1, 2009.
Sec. 2001.209. DISTRIBUTOR'S LICENSE FEE. (a) The annual
distributor's license fee is $1,000.
(b) In addition to the annual license fee, the commission may
require an additional fee in an amount necessary to defray the
cost of a background investigation of the applicant, including
the inspection of storage, distribution, or operating locations.
The commission by rule may establish the conditions and procedure
for payment of the additional fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.210. GENERAL PROVISIONS. A license issued under this
subchapter is subject to the restrictions under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2001.211. AMENDMENT OF APPLICATION. (a) An applicant for
a manufacturer's or distributor's license shall, during pendency
of the application, notify the commission immediately of any
change relating to a fact stated in the application.
(b) If a change occurs after issuance of a manufacturer's or
distributor's license, the license holder shall report the change
to the commission not later than the 14th day after the date of
the change.
(c) Not later than the 14th day after the date of the change, a
license holder shall notify the commission of a change in:
(1) the license holder's organization, structure, or mode of
operation;
(2) the identity of persons named or required to be named in the
application and the nature or extent of those persons' interest;
or
(3) any other facts stated in the application.
(d) Failure to give a notice required under this section is
cause for:
(1) denial, suspension, or revocation of