(a) A licensed authorized organization must file a
form prescribed by the Commission to amend its licensed:
(1) playing days;
(2) playing times;
(3) playing location;
(4) bingo chairperson;
(5) organization name; or
(6) primary business office.
(b) Playing days or playing times.
(1) An organization amending its playing day(s) or
playing time(s) must specify on the form each playing occasion day
and time that the organization intends to conduct bingo at the location.
(2) The playing day(s) or time(s) specified on the
form may not:
(A) conflict with the playing day(s) or time(s) of
any other application or license issued for that location;
(B) exceed the maximum number of bingo occasions per
day allowed under Texas Occupations Code, §2001.419(c) and (d);
or
(C) exceed three occasions during a calendar week or
six hours per occasion.
(c) Playing location.
(1) An organization amending its playing location must
return:
(A) its current bingo license if available, or a certified
statement signed by the bingo chairperson indicating that the license
is not available, unless the license is currently in administrative
hold status or its renewal application is pending; and
(B) a copy of the meeting minutes recording that the
organization voted to move the bingo playing location and indicating
the exact playing location address and name of the location, if applicable.
(2) A licensee shall display a copy of its license
at the current playing location if the license was surrendered upon
application for an amendment.
(d) Organization name. An organization amending its
organization name must submit a copy of the following:
(1) all amended organizing instruments reflecting the
name change;
(2) written notice sent to the Internal Revenue Service
updating the organization's record if the organization is required
to maintain a 501(c) exemption;
(3) meeting minutes recording that the organization
voted to change its name; and
(4) letter approving the name change from the parent
organization, if applicable.
(e) Primary business office location.
(1) An organization may not relocate its primary business
office to a different county solely for the purpose of relocating
its bingo playing location. If the new location is not adjacent to
the current county of its primary business office, the organization
must have at least 20 percent of its members' residences located in
the county to which the organization is moving.
(2) An organization changing its primary business office
location must submit a copy of the following:
(A) meeting minutes recording that the licensed authorized
organization voted to move its primary business office to the proposed
location and the reason for the move;
(B) if moving to a non-adjacent county, the licensed
authorized organization's membership list showing names and county
of residence with at least 20 percent of the members' residences located
in the non-adjacent county to which the organization is moving; and
(C) letter approving the organization's primary business
office relocation to another county from the parent organization,
if applicable.
(f) Meeting minutes submitted in accordance with subsections
(c)(1)(B), (d)(3), and (e)(2)(A) of this section must be signed and
certified as true and correct by an officer of the organization.
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Source Note: The provisions of this §402.422 adopted to be effective February 10, 2009, 34 TexReg 810; amended to be effective January 28, 2010, 35 TexReg 483; amended to be effective December 31, 2017, 42 TexReg 7392; amended to be effective October 31, 2019, 44 TexReg 6368 |