16 TAC §402.600
The Texas Lottery Commission proposes amendments to 16 TAC §402.600,
relating to Bingo Reports. The proposed amendments include less restrictive
language with regard to the payment of prize fees or rental tax due, and add
reporting requirements for certain licensees.
Kathy Pyka, Controller, has determined for each year of the first five
years the proposed amendments are in effect there will be no fiscal implications
to state or local government. There will be no impact on small or micro businesses,
individuals, or local or state employment as a result of implementing the
amended 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 less stringent requirements for certain
licensees with regard to payment of prize fees or tax due, and the addition
of reporting requirements for certain licensees.
Written comments on the proposed amendments may be submitted to Sandra
Joseph, Assistant General Counsel, Texas Lottery Commission, P.O. Box 16630,
Austin, Texas 78761-6630, by facsimile, or via the agency's website online
public comment form. The Commission will hold a public hearing on this proposal
at 11:00 a.m. on February 8, 2006, at 611 E. 6th Street, Austin, Texas. Comments
must be received within 30 days after publication of the proposed amendments
in the
Texas Register
in order to be considered.
The amendments are proposed under Texas Occupations Code, §2001.054
which authorizes the Commission to adopt rules to enforce and administer the
Bingo Enabling Act.
The amendments implement Texas Occupations Code, Chapter 2001.
§402.600.Bingo Reports.
(a) - (d)
(No change.)
(e)
Quarterly report for information relating to a manufacturer
or distributor license.
(1) - (3)
(No change.)
(4)
The Commission will deny a renewal application
or revoke a license of a manufacturer or distributor where the licensee has
failed to timely file with the Commission the required reports three times
within four consecutive quarters.
(f)
(No change.)
(g)
Quarterly report for information relating to a system service
provider license.
(1) - (3)
(No change.)
(4)
The Commission will deny a renewal application
or revoke a license of a system service provider where the licensee has failed
to timely file with the Commission the required reports three times within
four consecutive quarters.
(h) - (k)
(No change.)
(l)
The Commission will deny a renewal application for a license
to conduct bingo or a license to lease bingo premises or revoke a license
to conduct bingo or a license to lease bingo premises if the licensee has
failed to pay timely the prize fee or rental tax due three times within
four consecutive quarters and a final jeopardy determination has been made
by the commission for three of the four consecutive quarters in accordance
with Texas Government Code §2001.510 and §2001.511
[
a 12 month period
].
(m)
(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 January 18, 2006.
TRD-200600270
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: March 5, 2006
For further information, please call: (512) 344-5113