| (a) Definitions.
(1) Game of chance--A game or contest that awards a
prize and whose outcome is determined, at least in part, by the element
of chance or luck.
(2) Local law authority--The district attorney's office
or county attorney's office within a particular jurisdiction, or a
court of competent jurisdiction.
(b) Except as otherwise provided in subsection (c)
of this section, a person may not conduct or allow a game of chance
at a bingo premises during a bingo occasion at the premises.
(c) Notwithstanding subsection (b) of this section,
the following games of chance may be conducted or allowed during a
bingo occasion:
(1) charitable bingo conducted under Chapter 2001 of
the Occupations Code;
(2) door prize game conducted under §2001.420(c)
of the Occupations Code;
(3) charitable raffle conducted under Chapter 2002
of the Occupations Code; and
(4) amusement machines that are not gambling devices
as defined in §47.01 of the Penal Code.
(d) The Charitable Bingo Operations Division will rely
on a local law authority in the relevant jurisdiction to determine
whether any particular device, including a device commonly referred
to as a sweepstakes machine, is a gambling device before the Division
pursues a violation of subsection (c)(4) of this section. Under this
subsection, local law authority determinations may include a final
criminal disposition, charging instrument (such as an indictment),
or other document filed with or issued by a court of competent jurisdiction
indicating that the devices at issue qualify as gambling devices.
(e) The Commission may notify the district attorney's
office or county attorney's office within a particular jurisdiction
of the existence of any devices in their jurisdiction to which subsection
(d) of this section may apply.
(f) A game of chance, other than bingo conducted under
Chapter 2001 of the Occupations Code, a charitable raffle conducted
under Chapter 2002 of the Occupations Code and a door prize game conducted
under §2001.420(c) of the Occupations Code, may not award bingo
equipment, as defined in §2001.002(5) of the Occupations Code,
or entry into a bingo game as a prize.
(g) A licensed authorized organization must adequately
document in the bingo occasion records all bingo equipment or entries
into a bingo game awarded as prizes for a bingo game, charitable raffle,
or door prize game under subsection (f) of this section.
|
