|(a) Any person who wants to engage in a bingo related
activity shall apply to the Commission for a license. The application
must be on a form prescribed by the Commission and all required information
must be legible, correct and complete. The initial submittal of an
application is incomplete if the following information is not provided:
(1) All information requested on the application form
and supplemental forms;
(2) All supplemental information requested during the
pre-licensing investigation period;
(3) The applicable license fee for a lessor, distributor,
or manufacturer; and
(4) Authorized signatures as required by the Commission.
(b) Information submitted by an applicant on an applicable
form shall be considered to be part of the application. Supplemental
information should be submitted on a form prescribed by the Commission
and all information required must be correct and complete.
(c) Information submitted by an applicant in a format
other than an applicable form must be legible and must include the
(1) the name and address of the organization as it
appears on the application;
(2) the Texas taxpayer identification number; or, if
sole owner, the individual's social security number;
(3) a statement identifying the information submitted;
(4) the signature, printed name and telephone number
of the person authorized to submit the information; and
(5) all supplemental information requested during the
pre-licensing investigation period.
(d) Within 21 calendar days after the Commission has
received an original application, the Commission will review the application
and notify the applicant if additional information is required.
(e) If an application is incomplete, the Commission
will notify the applicant. The applicant must provide the requested
information within 21 calendar days of such notification. Failure
to provide the requested information within the 21 calendar day time
line or providing incomplete information may result in the denial
of the license application.
(f) For an application to conduct bingo, an organization
may choose to submit the application form without including a bond
or other security; information regarding previously held licenses;
justice precinct, city or county certification; and information on
intended playing location, days, times, and starting date.
(1) All other information requested on the application
and the accompanying supplements must be complete and in compliance
with all other requirements of the Bingo Enabling Act and the Charitable
Bingo Administrative Rules.
(2) Within a number of calendar days required by the
Commission on the applicable forms, the organization must remit the
required bond or other security to the Commission and inform the Commission
on the applicable supplemental forms of the intended playing location,
days, times, and starting date of the occasions. If the organization
fails to provide the required bond or other security as well as complete
and accurate supplement forms within the required timeframe, the Commission
will deny the application.
(3) An organization that has submitted the appropriate
bond or other security and a complete application, including all applicable
supplemental forms, must also submit updated, certified meeting minutes,
current as of the submission of the applicable supplemental information,
stating that the organization voted to conduct bingo at the licensed
(g) Prior to the issuance of a license, the Commission
may require an applicant to attend a pre-licensing interview. The
Commission will identify the person or persons for the applicant who
must attend the pre-licensing interview. The pre-licensing interview
will consist of, at a minimum, the following:
(1) review of the Bingo Enabling Act;
(2) review of the Charitable Bingo Administrative Rules;
(3) licensee responsibilities;
(4) process pertaining to the different types of license
(5) bookkeeping and record keeping requirements as
it involves bingo; and
(6) a statement from the person or persons attending
the pre-licensing interview that they are aware of and will comply
with the provisions of the Bingo Enabling Act and the Charitable Bingo
(h) The Commission may deny an application based on
information obtained that indicates non-compliance with the provisions
of the Bingo Enabling Act and/or the Charitable Bingo Administrative
Rules in connection with a pre-licensing interview and/or location
(i) Each licensed authorized organization issued a
temporary authorization is required to file timely and complete required
reports, as applicable to the type of licensing activity requested.
(j) A license applicant may withdraw an application
at any time prior to the approval or denial of the application. Once
the written request for withdrawal is received by the Commission,
all processing of the application will cease and the withdrawal is
considered final. License application fees for withdrawn license applications
will be refunded, as provided for in the Bingo Enabling Act. If the
organization wants to reapply for a license, a complete new application
and new license fee, if applicable, are required.
(k) Voluntary surrender of a license.
(1) A licensee may surrender its license for cancellation
provided it has completed and submitted to the Commission the prescribed
(2) If surrendering a license to conduct bingo, the
prescribed form must be signed by the bingo chairperson.
(3) If surrendering any other type of license, the
prescribed form must be signed by the sole owner, or by two officers,
directors, limited liability corporation members, or partners of the
(4) The cancellation of the license shall be final
and effective upon receipt by the Charitable Bingo Operations Division
of a copy of the resolution, or other authoritative statement of the
licensee, requesting cancellation of the license and providing a requested
(A) The cancellation is effective as of the date identified
in the letter provided that the date has not passed.
(B) If no date is identified in the letter, or the
date has passed, the effective date shall be the date the Commission
receives the letter.
(5) Notwithstanding cancellation of the license, the
licensee must file all reports, returns and remittances required by
(6) The licensee shall surrender the license to the
Commission on the effective date of the surrender.
(7) The Commission will send the licensee a letter
confirming the surrender and resulting cancellation of the license.
(l) Administrative Hold. A licensed authorized organization
or commercial lessor, other than an association of licensed authorized
organizations, may request to place its regular license in administrative
hold, but only at the time of license renewal, as provided in §402.411
of this Chapter.
(1) The placement of a license in administrative hold
shall be effective on the first day of the license period for which
the administrative hold is requested.
(2) The licensee shall submit the license in administrative
hold, or a certified statement that the license is not available,
to the Commission no later than seven (7) calendar days after the
effective date of the placement of the license in administrative hold.
(3) Once the license has been placed in administrative
hold, all bingo activity (i.e. leasing, conducting bingo) must cease
until the licensee files an amendment and the amended license is issued
by the Commission and received by the licensee. A licensed authorized
organization with its regular license in administrative hold may not
conduct bingo under a temporary license.
(4) Notwithstanding placement of the license in administrative
hold, the licensee must file with the Commission:
(A) all applicable reports, returns and remittances
required by law; and
(B) a timely and complete application for renewal of
the license each time the license is ripe for renewal.
(5) If at the time of license renewal a licensed authorized
organization does not have a designated playing location, that license
will be placed in administrative hold.
(6) Except for licensed commercial lessors subject
to §2001.152(b) of the Occupation Code, a license may not be
in administrative hold for more than twelve (12) consecutive quarters.
(7) The fee for a license in administrative hold is
set in §402.404(d)(3) of this Chapter.
(8) A license may be removed from administrative hold
at any time during a license period. To remove a license from administrative
hold, the licensee must file a license amendment application as provided
in §2001.306 of the Occupations Code and §402.410 of this
(m) Each person required to be named in an application
for license under the Bingo Enabling Act other than a temporary license
will have a criminal record history inquiry at state and/or national
level conducted. Such inquiry may require submission of fingerprint
card(s). FBI fingerprint cards are required for an individual listed
in an application for a distributor or manufacturer's license and
for an individual listed on an application who is not a Texas resident.
A criminal record history inquiry at the state and/or national level
may be conducted on the operator and officer or director required
to be named in an application for a non-annual temporary license under
the Bingo Enabling Act.
(n) Representation; personal receipt of documents.
For purposes of this subsection, an individual shall be recognized
by the Commission as an applicant or licensee's authorized representative
only if the applicant or licensee has filed with the Commission a
form prescribed by the Commission identifying the individuals currently
listed as directors, officers, or operators, or if they are identified
on the completed Authorization of Representation for Bingo Licenses
form. A person is not an authorized representative of the applicant
or licensee unless specifically named on a form prescribed by the
Commission as part of the application, or on the Authorization of
Representation for Bingo Licenses form that is on file with the Commission.
Only those persons specifically named on a form prescribed by the
Commission or on the Authorization of Representation for Bingo Licenses
form as an authorized representative shall be recognized by the Commission
concerning any matter relating to the licensing process or license.
Only the applicant or licensee or its authorized representative may
receive from the Commission documents relating to the application
or license without being required to submit a request under the Public
|Source Note: The provisions of this §402.400 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective March 15, 2007, 32 TexReg 1300; amended to be effective November 19, 2008, 33 TexReg 9225; amended to be effective May 2, 2010, 35 TexReg 3251; amended to be effective January 1, 2014, 38 TexReg 9535; amended to be effective February 25, 2015, 40 TexReg 815; amended to be effective August 1, 2016, 41 TexReg 5505; amended to be effective December 31, 2017, 42 TexReg 7392