TITLE 16.ECONOMIC REGULATION

Part 9. TEXAS LOTTERY COMMISSION

Chapter 402. BINGO REGULATION AND TAX

16 TAC §402.567

The Texas Lottery Commission proposes amendments to 16 TAC §402.567 relating to the Bingo Advisory Committee. The proposed amendments change the date the Bingo Advisory Committee will automatically abolish and cease to exist unless the Commission affirmatively votes to continue the Bingo Advisory Committee from March 6, 2004 to August 31, 2005. At the March 5, 2004 Commission meeting, the Commission voted to continue the Bingo Advisory Commission and to propose an abolishment date of August 31, 2005.

Lee Deviney, Financial Administration Director, has determined for each year of the first five years the proposed amendments are in effect, the fiscal impact to the state is estimated to be: FY 2004, $14,115; FY 2005, $28,330; FY 2006, $0; FY 2007, $0; and FY 2008, $0.. There will be no significant impact on small businesses, micro businesses, local government, or local or state employment as a result of implementing the section.

William L. Atkins, Charitable Bingo Operations Director, Charitable Bingo Operations Division, has determined that for each of the first five years the amendments as proposed are in effect, the public benefit anticipated as a result of the proposed amendments is to continue the Bingo Advisory Committee so that the Committee can continue to advise the Commission as provided for in this rule.

Written comments on the proposed amendment may be submitted to Kimberly L. Kiplin, General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. Comments must be submitted within 30 days from the date the proposal is published in the Texas Register to be considered.

The amendments are proposed under Occupations Code, Section 2001.054 which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act, and under Government Code, Section 467.102 which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction and under Occupations Code, Section 2001.057 which authorizes the Commission to adopt rules governing the operation of the Bingo Advisory Committee.

The amendments implement Occupations Code, Chapter 2001.

§402.567.Bingo Advisory Committee.

(a) - (i) (No change.)

(j) Duration. The BAC will automatically be abolished and cease to exist on August 31, 2005 [ March 6, 2004 ]. The BAC shall only remain in existence beyond August 31, 2005 [ March 6, 2004 ], if the Commission affirmatively votes to continue the Bingo Advisory Committee in existence.

(k) - (l) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 31, 2004.

TRD-200402197

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Earliest possible date of adoption: May 16, 2004

For further information, please call: (512) 344-5113