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AN ACT
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relating to the operation and regulation of charitable bingo. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.002(8-a), Occupations Code, is |
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amended to read as follows: |
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(8-a) "Crime of moral turpitude" means: |
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(A) a felony; |
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(B) a gambling offense; |
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(C) criminal fraud; |
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(D) forgery; |
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(E) theft; |
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(F) an offense that involves knowingly filing |
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false information with a governmental agency; or |
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(G) any [offense that:
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[(i) is classified in this state as a] Class |
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A misdemeanor defined by another state law as a crime of moral |
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turpitude [; and
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[(ii)
puts the honesty and integrity of the
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individual who committed the offense in question]. |
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SECTION 2. Sections 2001.160(a), (b), (e), and (f), |
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Occupations Code, are amended to read as follows: |
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(a) On approval by the commission, a [A] licensed commercial |
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lessor may [not] transfer a commercial lessor license [except as
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provided by this section.
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[(b)
A transfer of a commercial lessor license under this
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section may be made only with the prior approval of the commission.
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The commission shall approve the transfer under this section] if |
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the person to whom the license will be transferred otherwise meets |
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the requirements of this subchapter [section]. |
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(e) Unless the commission revokes or suspends the license |
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under this chapter, or an injunction is issued under this section, a |
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licensed authorized organization that conducts bingo lawfully at |
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premises under a license to which Subsection (d) applies may |
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continue conducting bingo at the premises after the death or |
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incapacity of the commercial lessor license holder. |
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(f) On the showing by the commission of a cause that would be |
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sufficient for the commission to revoke or suspend [obtain] a |
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license under this chapter or an applicable commission rule |
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[suspension under Section 2001.355], a district court in the county |
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for which a commercial lessor license was issued or the commission |
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by order may temporarily or permanently enjoin the conduct of bingo |
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at premises under a license to which Subsection (d) applies. |
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SECTION 3. The change in law made by this Act to Section |
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2001.160, Occupations Code, applies to a license to operate bingo |
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gaming issued under Chapter 2001, Occupations Code, regardless of |
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whether the license was issued before, on, or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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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. 2728 was passed by the House on May |
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12, 2011, by the following vote: Yeas 94, Nays 46, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2728 on May 27, 2011, by the following vote: Yeas 74, Nays 63, |
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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. 2728 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 26, Nays |
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5 |
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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 |