Part 9. TEXAS LOTTERY COMMISSION
Chapter 402. CHARITABLE BINGO ADMINISTRATIVE RULES
Subchapter E. BOOKS AND RECORDS
The Texas Lottery Commission (Commission) adopts a new rule at 16 TAC §402.505, relating to Permissible Expense without changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1180).
The purpose of the new rule is to provide licensed authorized organizations with guidance as to what expenses are reasonable or necessary as those expenses relate to the expenditure of funds generated from the conduct of bingo games.
A public comment hearing was held on Friday, March 30, 2007. Comment was received at the comment hearing. No written comment was received during the comment period.
Suzanne Taylor, representing All Saints Bingo Unit Trust, commented that the rule looks great.
Stephen Fenoglio, an Austin attorney representing bingo licensees, commented that he supports the new rule and suggested that staff publish as quickly as possible the type of documentation expected to be maintained as outlined in subsection (d)(3) of the rule. Mr. Fenoglio also commented that it may be helpful to have a question and answer section on the agency's web site with regard to the rule.
Agency Response: The Commission agrees with the suggestions.
David Heinlein, representing charities, commented that he supports the rule and it looks very favorable. Mr. Heinlein commented that if the rule is implemented, it would be his hope that there will be some training of those who are doing the operator training classes. Mr. Heinlein also commented that it is his hope that the rule will give some beneficial goals to look at different expenses and under these ideas of permissible expense, it is reasonable or that it is necessary.
Agency Response: The Commission agrees with the suggestion to train staff.
Steve Bresnen, representing the Bingo Interest Group, commented that they support the rule as proposed, and thinks the rule will go a long way towards helping people understand what considerations the Commission will use when determining whether an expense is reasonable or necessary.
The new rule is adopted under Occupations Code §2001.054 which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act.
The new rule implements Occupations Code, Chapter 2001.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 20, 2007.
TRD-200701508
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: May 10, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 344-5113
The Texas Lottery Commission (Commission) adopts the repeal of 16 TAC §402.603, relating to Bonds or Other Security, without changes as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10503). The Commission is repealing the rule because a new rule is being adopted. The new rule is substantively so different that the Commission believes the best approach in order to avoid confusion is to repeal the existing rule and adopt a new rule.
A public comment hearing was held on January 18, 2007. Comment was received at the comment hearing. No written comments were received during the comment period.
Steve Bresnen, representing the Bingo Interest Group, commented that he supports the repeal. Stephen Fenoglio, an Austin attorney, commented that he supports the repeal. Suzanne Taylor, representing All Saints Bingo Unit Trust, commented that the unit supports the repeal. Jane Thompson, representing Thompson Allstate Bingo Supply, commented that she supports the repeal.
The repeal is adopted concurrently with the adoption of new rule 16 TAC §402.603, relating to Bonds or Other Security.
The repeal is adopted under Occupations Code §2001.054 which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act.
The repeal affects Occupations Code, Chapter 2001.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 20, 2007.
TRD-200701509
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: May 10, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 344-5113
The Texas Lottery Commission (Commission) adopts new rule 16 TAC §402.603 relating to Bonds or Other Security without changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1181).
The purpose of the new rule is to provide reasonable maximum opportunity for participation in charitable bingo while at the same time protecting the state's interest in connection with the timely remittance of prize fees and rental taxes by bingo licensees.
A public comment hearing was held on Friday, March 30, 2007. Comment was received at the public comment hearing. No written comment was received during the comment period.
Suzanne Taylor, representing All Saints Bingo Unit Trust, commented that the rule is awesome and she hopes it gets passed very fast.
Stephen Fenoglio, an Austin attorney, commented that he supports the new rule as proposed.
David Heinlein, representing charities, commented that he thanks the staff for the amendment to the bond issue that will allow those charitable organizations who are trying to be licensed and move into a unit, if that unit is in compliance, not to have to have a bond. Mr. Heinlein had a question about §402.603(b)(7), and specifically asked if there are two different bonds required. Agency staff answered Mr. Heinlein's question and assured him that the rule is not intended to create a double bonding situation.
Steve Bresnen, representing the Bingo Interest Group, commented that he subscribes to the comments made by Mr. Fenoglio and thanks the staff for addressing the issues that Mr. Heinlein asked about.
The new rule is adopted under Occupations Code §2001.054, which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act.
The new rule implements Occupations Code, Chapter 2001.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 20, 2007.
TRD-200701510
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: May 10, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 344-5113