|(a) A bingo occasion that is fairly conducted by a
licensed authorized organization is one that is impartial, honest,
and free from prejudice or favoritism. It is also conducted competitively,
free of corrupt and criminal influences, and follows applicable provisions
of the Bingo Enabling Act and Charitable Bingo Administrative Rules.
(b) Inspection and use of equipment.
(1) All bingo equipment is subject to inspection at
any time by any representative of the Commission. No person may tamper
with or modify or allow others to tamper with or modify any bingo
equipment in any manner which would affect the randomness of numbers
chosen or which changes the numbers or symbols appearing on the face
of a bingo card. A licensed authorized organization has a continuing
responsibility to ensure that all bingo equipment used by it is in
proper working condition.
(2) A registered bingo worker must inspect the bingo
balls prior to the first game of each bingo occasion, making sure
all of the balls are present and not damaged or otherwise compromised.
(3) Bingo balls that are missing, damaged, or otherwise
compromised shall be replaced in complete sets or individually if
the bingo balls are of the same type and design.
(4) A registered bingo worker must inspect the bingo
console and flashboard to ensure proper working order prior to the
first game of each bingo occasion.
(5) The organization must establish and adhere to,
and make available to the players upon request, a written procedure
that addresses problems during a bingo occasion concerning:
(A) bingo equipment malfunctions; and
(B) improper bingo ball calls or placements.
(c) Location of bingo occasion. A bingo occasion may
be conducted only on premises which are:
(1) owned by a licensed authorized organization;
(2) owned by a governmental agency when there is no
charge to the licensed authorized organization for use of the premises;
(3) leased, or used only by the holder of a temporary
(4) owned or leased by a licensed commercial lessor.
(d) All bingo games must be conducted and prizes awarded
on the days and within the times specified on the license to conduct
bingo. If a circumstance occurs that would cause a regular bingo game
to continue past the time indicated on the license, the licensed authorized
organization may complete the regular bingo game. A written record
detailing the circumstance that caused the bingo game to continue
past the time indicated on the license must be maintained by the organization
for forty-eight (48) months.
(e) Pull-tab bingo event tickets may not be sold after
the occurrence of the event used to determine the game's winner(s)
unless the organization has a policy and procedure in their house
rules addressing the sale and redemption of pull-tab bingo event tickets
after the event has taken place.
(f) Merchandise prizes. Any merchandise or other non-cash
prize, including bingo equipment, awarded as a bingo prize shall be
valued at its current retail price. However, a non-cash prize awarded
as a bingo prize may be valued at the price actually paid for that
prize provided that the licensed authorized organization maintains
a receipt or other documentation evidencing the actual price paid.
Prize fees must be collected on merchandise and non-cash prizes.
(g) Donated bingo prizes. Only licensed authorized
organizations holding a non-annual temporary license may accept or
award donated bingo prizes. A donated bingo prize shall be valued
at its current retail price.
(h) The licensed authorized organization is responsible
for ensuring the following minimum requirements are met to conduct
a bingo occasion in a manner that is fair:
(1) The licensed authorized organization must make
the following information available to players prior to the selling
of a pull-tab bingo event ticket game:
(A) how the game will be played;
(B) the prize to be awarded if not United States currency;
(C) how the winner(s) will be determined.
(2) Each licensed authorized organization shall conspicuously
display during all bingo occasions a sign indicating the name(s) of
the operator(s) authorized by the licensed authorized organization
to be in charge of the occasion.
(A) The letters on the sign shall be no less than one
(B) The sign shall inform the players that they should
direct any questions or complaints regarding the conduct of the bingo
occasion to an operator listed on the sign.
(C) The sign should further state that if the player
is not satisfied with the response given by the operator that the
player has the right to contact the Commission and file a formal complaint.
(3) Prior to the start of a bingo occasion, the licensed
authorized organization shall make a written game schedule available
to all patrons. The game schedule must contain the following information:
(A) all regularly scheduled games to be played;
(B) the order in which the games will be played;
(C) the patterns needed to win;
(D) the prize(s) to be paid for each game, including
the value of any non-cash bingo prizes as set in subsections (f) and
(g) of this section;
(E) whether the prize payout is based on sales or attendance;
(F) the entrance fee and the number of cards associated
with the entrance fee, if any; and
(G) the price of each type of bingo card offered for
(4) The licensed authorized organization may amend
the game schedule during the bingo occasion to correctly reflect any
changes to game play during that occasion provided that the amendments
are announced to the patrons and documented, in writing, on the game
schedule. If not otherwise prohibited by law, the licensed authorized
organization may conduct a bingo game that was not originally listed
on the game schedule if the game and the prize(s) to be awarded for
that game are announced to the patrons prior to the start of the game
and documented, in writing, on the game schedule. Upon completion
of the bingo occasion, the final game schedule must properly account
for all games played during that occasion and the prizes awarded for
those games. The final game schedule shall be maintained pursuant
to §402.500(a) of this title.
(i) Reservation of bingo cards. No licensed authorized
organization may reserve, or allow to be reserved, any bingo card
or cards for use by a bingo player.
(j) Bingo worker requirements
(1) Bingo staff and employees may not play bingo during
an occasion in which the bingo staff or employees are conducting or
assisting in the conduct of the bingo occasion.
(2) A bingo worker shall not:
(A) communicate verbally, or in any other manner, to
the caller the number(s) or symbol(s) needed by any player to win
a bingo game;
(B) require anything of value from players, other than
payment, for bingo cards, electronic card minding devices, pull-tab
bingo tickets, and supplies; or
(C) deduct any cash or portion of a winning prize other
than the prize fee without the player's permission.
(k) Caller requirements. The caller shall:
(1) be located so that one or more players can:
(A) observe the drawing of the ball from the bingo
(B) gain the attention of the caller when the players
(2) be the only person to handle the bingo balls during
each bingo game;
(3) call all numbers and make all announcements in
a manner clear and audible to all of the playing areas of the bingo
(A) prior to the start of the regular bingo game, the
pattern needed to win and the prize. If the prize amount is based
on sales or attendance, the prize amount must be announced prior to
the end of the game;
(B) that the game, or a specific part of a multiple-part
game, is closed after asking at least two (2) times whether there
are any other bingos and pausing to permit additional winners to identify
(C) whether the bingo is valid and if not, that there
is no valid bingo and the game shall resume. The caller shall repeat
the last number called before calling any more numbers; and
(D) the number of winners for the game.
(5) return the bingo balls to the bingo receptacle
only upon the conclusion of the game; and
(6) not use cell phones, personal digital assistants
(PDAs), computers, or other personal electronic devices to communicate
any information that could affect the outcome of the bingo game with
anyone during the bingo occasion.
(1) Winning cards. The numbers appearing on the winning
card must be verified at the time the winner is determined and prior
to prize(s) being awarded in order to insure that the numbers on the
card in fact have been drawn from the receptacle.
(A) This verification shall be done either in the immediate
presence of one or more players at a table or location other than
the winner's, or displayed on a TV monitor visible by all of the players
or by an electronic verifier system visible by all the players.
(B) After the caller closes the game, a winning disposable
paper card or an electronic representation of the card for each game
shall also be posted on the licensed premises where it may be viewed
in detail by the players until at least 30 minutes after the completion
of the last bingo game of that organization's occasion.
(2) Numbers drawn. Any player may request a verification
of the numbers drawn at the time a winner is determined and a verification
of the balls remaining in the receptacle and not drawn.
(A) Verification shall take place in the immediate
presence of the operator, one or more players other than the winner,
and player requesting the verification.
(B) Availability of this additional verification, done
as a request from players, shall be made known either verbally prior
to the bingo occasion, printed on the playing schedule, or included
with the bingo house rules.
(m) Each licensed authorized organization must establish
and adhere to written procedures that address disputes. Those procedures
shall be made available to the players upon request.
(n) The total aggregate amount of prizes awarded for
regular bingo games during a single bingo occasion may not exceed
$2500. This subsection does not apply to:
(1) a pull-tab bingo game; or
(2) a prize of $50 or less that is actually awarded
in an individual game of regular bingo.
(o) For purposes of §2001.419 of the Occupations
Code, a bingo occasion will be considered to have occurred on the
date on which the occasion began.
|Source Note: The provisions of this §402.200 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective November 19, 2008, 33 TexReg 9220; amended to be effective September 13, 2012, 37 TexReg 7089; amended to be effective January 1, 2014, 38 TexReg 9531; amended to be effective August 1, 2016, 41 TexReg 5505