|(a) A temporary authorization shall be issued only
to a person who is not licensed by the Commission but who has filed
a complete application for an original license to conduct a charitable
(b) Upon the applicant's request, the Commission will
issue a temporary authorization for the activity requested on the
license application by the 31st calendar day after the Commission's
receipt of an application that is complete in accordance with §402.400(a)
of this chapter if the following are in compliance with the Act and
(1) For all licenses: eligibility of all persons listed
on the application requiring criminal background investigations.
(2) For a commercial lessor license: eligibility of
applicant as provided by Texas Occupations Code, §2001.152.
(3) If an applicant asserts in writing that its application
is complete, the Commission will grant or deny the application, or
make a determination on temporary authorization.
(c) A temporary authorization to conduct a bingo-related
activity may only be issued to a person who will conduct a bingo-related
activity at the same location for which the person has a pending original
application to conduct a bingo-related activity.
(d) A temporary authorization shall be issued for a
stated period of time not to exceed 60 days. A temporary authorization
may be extended upon written request by the person to whom the temporary
authorization was issued. Such request must be filed with the Commission
at least seven working days prior to the time the temporary authorization
expires. Extensions shall be for a period of time not to exceed 60
days. No more than two extensions may be issued.
(e) A request for an extension shall include:
(1) the complete name of the organization requesting
(2) the Texas taxpayer identification number of the
organization requesting the extension;
(3) a complete explanation of the basis for the request;
(4) the specific reason(s) supporting the need for
(f) An organization that is not in compliance with
the Bingo Enabling Act and the Charitable Bingo Administrative Rules
will not be granted an extension unless the organization becomes compliant
during the period of the original temporary authorization.
(g) An organization conducting bingo under a temporary
authorization that desires to obtain a temporary license shall be
subject to the same requirements in §402.401(e) of this chapter
regarding an organization not holding a regular license to conduct
(h) A temporary authorization is not a license.
(i) A temporary authorization may not be amended.
(j) A regular license that has been issued to an applicant
shall expire one year from the date of the first issuance of any temporary
authorization under this section.
(k) For the purposes of Texas Occupations Code, §2001.304(a),
an application for an activity is considered issued or denied on the
date the Commission issues a license or notice of denial to the applicant.
|Source Note: The provisions of this §402.405 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective March 9, 2010, 35 TexReg 2003; amended to be effective December 31, 2017, 42 TexReg 7392