SB1721 - Relating to the transfer of the licensing and regulation of charitable bingo to the Texas Commission of Licensing and Regulation.

      By: Middleton, Hall S.B. No. 1721     A BILL TO BE ENTITLED   AN ACT   relating to the transfer of the licensing and regulation of   charitable bingo to the Texas Commission of Licensing and   Regulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.093(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Licensing and Regulation is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to:                (1)  an applicant for or the holder of:                      (A)  a driver education instructor license under   Chapter 1001, Education Code;                      (B)  a license under Chapter 202, Occupations   Code;                      (C)  a license under Chapter 401, Occupations   Code;                      (D)  a license under Chapter 402, Occupations   Code; or                      (E)  an instructor license or motorcycle school   license under Chapter 662, Transportation Code;                (2)  a person who is:                      (A)  an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      (B)  a controlling person, as defined by Chapter   91, Labor Code, of an entity described by Paragraph (A); [ or ]                (3)  a person who:                      (A)  is an applicant for or the holder of a license   under Chapter 455, Occupations Code; or                      (B)  has an interest described under Section   455.1525(e), Occupations Code, in an entity described by Paragraph   (A) ; or                 (4)  a person who:                       (A)     is an applicant for or the holder of a license   under Chapter 2001, Occupations Code; or                       (B)     has an interest described under Section   2001.3025(e), Occupations Code, in an entity described by Paragraph   (A) .          SECTION 2.  Section 411.108(a-2), Government Code, is   amended to read as follows:          (a-2)  Subject to Sections 411.087, 466.201, and 467.036(b)   [ of this code and Section 2001.3025, Occupations Code, ] and   consistent with the public policy of this state, the Texas Lottery   Commission is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a) [ or   (a-1) ]; and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a) [ or (a-1) ].          SECTION 3.  Sections 466.002(2) and (3), Government Code,   are amended to read as follows:                (2)  "Director" means the lottery director [ of the   division ].                (3)  "Division" means the commission or a lottery   division established by the commission [ under Chapter 467 ].          SECTION 4.  Section 467.002, Government Code, is amended to   read as follows:          Sec. 467.002.  APPLICATION OF SUNSET ACT. The commission is   subject to review under Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the commission   is abolished and this chapter and [ , ] Chapter 466 [ of this code, and   Chapter 2001, Occupations Code, ] expire September 1, 2025.          SECTION 5.  Sections 467.024(a) and (c), Government Code,   are amended to read as follows:          (a)  An individual is not eligible to be an appointed member   of the commission if the individual:                (1)  is registered, certified, or licensed by a   regulatory agency in the field of [ bingo or ] lottery;                (2)  owns or controls, directly or indirectly, more   than a 10 percent interest in a business entity or other   organization regulated by the commission or receiving funds from   the commission;                (3)  is employed by or participates in the management   of a business entity or other organization regulated by or   receiving funds from the commission;                (4)  uses or receives a substantial amount of tangible   goods, services, or funds from the commission, other than   compensation or reimbursement authorized by law for commission   membership, attendance, or expenses;                (5)  is an officer, employee, or paid consultant of a   Texas trade association in the field of [ bingo or ] lottery;                (6)  is required to register as a lobbyist under   Chapter 305 because of the person's activities for compensation on   behalf of a profession related to the operation of the commission;                (7)  is married to an individual described by   Subdivisions (2)-(6);                (8)  has been convicted of a felony or of any crime   involving moral turpitude; or                (9)  is not a citizen of the United States.          (c)  A person may not be a commission employee employed in a   "bona fide executive, administrative, or professional capacity,"   as that phrase is used for purposes of establishing an exemption to   the overtime provisions of the federal Fair Labor Standards Act of   1938 (29 U.S.C. Section 201 et seq.), if:                (1)  the person is an officer, employee, or paid   consultant of a Texas trade association in the field of [ bingo or ]   lottery; or                (2)  the person's spouse is an officer, manager, or paid   consultant of a Texas trade association in the field of [ bingo or ]   lottery.          SECTION 6.  Section 467.025(a), Government Code, is amended   to read as follows:          (a)  A commission member may not:                (1)  accept any employment or remuneration from[ :                      [ (A) ]  a person that has a significant financial   interest in the lottery[ ; or                      [ (B)     a bingo commercial lessor, bingo   distributor, or bingo manufacturer ];                (2)  play any lottery [ or bingo ] game conducted in this   state;                (3)  accept or be entitled to accept any part of the   winnings to be paid from a lottery [ or bingo ] game conducted in this   state;                (4)  use the member's official authority to affect the   result of an election or nomination for public office; or                (5)  directly or indirectly coerce, attempt to coerce,   command, or advise a person to pay, lend, or contribute anything of   value to another person for political purposes.          SECTION 7.  Section 467.035(a), Government Code, is amended   to read as follows:          (a)  The commission may not employ or continue to employ a   person who owns a financial interest in[ :                [ (1)     a bingo commercial lessor, bingo distributor, or   bingo manufacturer; or                [ (2) ]  a lottery sales agency or a lottery operator.          SECTION 8.  Sections 467.101(a) and (c), Government Code,   are amended to read as follows:          (a)  The commission has broad authority and shall exercise   strict control and close supervision over all activities authorized   and conducted in this state under[ :                [ (1)  Chapter 2001, Occupations Code; and                [ (2) ]  Chapter 466 [ of this code ].          (c)  The commission also has the powers and duties granted   under[ :                [ (1)  Chapter 2001, Occupations Code; and                [ (2) ]  Chapter 466 [ of this code ].          SECTION 9.  Section 467.111(f), Government Code, is amended   to read as follows:          (f)  The commission shall prepare a report on the trends and   issues identified under Subsection (e) and make the report   available to the public.  The commission shall address the   identified trends and issues, including trends and issues related   to the regulation of lottery operations under Chapter 466 [ and of   bingo under Chapter 2001, Occupations Code ].          SECTION 10.  Section 572.003(b), Government Code, is amended   to read as follows:          (b)  The term means:                (1)  the banking commissioner of the Texas Department   of Banking [ Commissioner of The Banking Department of Texas ];                (2)  the administrative director of the Office of Court   Administration of the Texas Judicial System;                (3)  the chief executive of the Office of Public   Utility Counsel;                (4)  the executive director of the State Bar of Texas;                (5)  the lottery director [ of the lottery division ] of   the Texas Lottery Commission;                (6)  the deputy in charge of the department of security   in a [ the ] lottery division of the Texas Lottery Commission;                (7)  the executive  director of the [ bingo division of   the ] Texas Department of Licensing and Regulation  [ Lottery   Commission ]; or     &#xA0 [Text truncated for display. 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