| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Bingo Chairperson--an individual named in accordance
with Texas Occupations Code §2001.002(4-a) and §2001.102(b)(6).
(2) Bookkeeper--an individual ultimately responsible
for the preparation of any financial records for information reported
on the Texas Bingo Conductor's Quarterly Report or for preparation
and maintenance of bingo inventory records for a licensed authorized
organization.
(3) Caller--an individual who operates the bingo ball
selection device and announces the balls selected.
(4) Cashier--an individual who sells and records bingo
card and pull-tab sales to bingo players and/or pays winners the appropriate
prize.
(5) Completed Application--A registry application or
renewal form prescribed by the Commission which is legible and lists
at a minimum the applicant's complete legal name, address, social
security number or registry number, date of birth, race, gender and
signature.
(6) Manager--an individual who oversees the day-to-day
operation of the bingo premises.
(7) Operator--means an active bona fide member of a
licensed authorized organization that has been designated on a form
prescribed by the Commission prior to acting in the capacity as the
organization's operator.
(8) Provisional Employee--an individual who is employed
by a licensed authorized organization as an operator, manager, cashier,
usher, caller, or salesperson while awaiting the results of a background
check, whether paid or not.
(9) Salesperson--an individual who monitors bingo players,
sells bingo cards and pull-tabs, verifies winning cards and pull-tabs
and/or delivers the prize money to the winners; may be referred to
as an usher, floor worker, or runner.
(10) Usher--an individual who monitors bingo players,
sells bingo cards and pull-tabs, verifies winning cards and pull-tabs
and/or delivers the prize money to the winners; may be referred to
as a salesperson, floor worker or runner.
(b) Who must be listed on the Registry of Approved
Bingo Workers. Any individual who carries out or performs the functions
of a caller, cashier, manager, operator, usher, salesperson, bookkeeper,
or bingo chairperson as defined in subsection (a) of this section
must be listed on the Registry of Approved Bingo Workers prior to
being involved in the conduct of bingo.
(c) Each individual must submit a completed Texas Application
for Registry of Approved Bingo Workers as prescribed by the Commission
to remain on the Registry of Approved Bingo Workers.
(d) The registrant will be added to the registry as
soon as possible after the Commission has determined that the individual
is eligible to be involved in the conduct of bingo or act as an operator.
(e) For purposes of the Registry of Approved Bingo
Workers, each operator, bookkeeper, and bingo chairperson must be
designated on the licensed authorized organization's license to conduct
bingo application.
(f) A licensed authorized organization must submit
the name of a registered operator, bookkeeper, or bingo chairperson
on a form prescribed by the Commission prior to the individual's acting
in that capacity.
(g) A registered worker who fails to timely submit
the prescribed form to renew listing on the registry may not be involved
in the conduct of bingo until the individual is again added to the
registry. It is the responsibility of the licensed authorized organization
to review the registry to confirm that the individual's registration
is current.
(h) How to be listed on the Registry of Approved Bingo
Workers. For an individual to be listed on the Registry of Approved
Bingo Workers, an individual must:
(1) submit a completed Texas Application for Registry
of Approved Bingo Workers form as prescribed by the Commission;
(2) submit a verifiable FBI or DPS fingerprint card
if at the time of registration:
(A) the individual is residing outside of Texas; or
(B) the individual maintains a driver's license or
registration in another state; and
(3) be determined by the Commission to not be ineligible
under Texas Occupations Code, §2001.105(a)(6) or the Commission's
Rules.
(i) Incomplete Applications. The Commission will notify
the applicant at the address provided if the registry application
or renewal form submitted is not complete and will identify what is
missing. The original application will be returned to the applicant
for correction and resubmission. It is the responsibility of the registry
applicant to resubmit a completed application before it may be processed.
Failure to submit an FBI or DPS fingerprint card, if required, is
grounds for denial or removal of the registration.
(j) An individual listed on the registry must notify
the Commission of any changes to information contained on the Texas
Application for Registry of Approved Bingo Workers on file with the
Commission within 30 days of the change in information. Such notification
shall be in writing or other approved electronic means.
(k) Identification Card for Approved Bingo Worker.
(1) The Commission will issue an identification card
indicating that the individual is listed on the registry. A registered
worker and operator must wear his/her identification card while on
duty.
(2) The identification card worn by the registered
worker or operator while on duty must be visible.
(3) The identification card shall list the individual's
name, unique registration number and registry expiration date as issued
by the Commission. An individual may obtain the unique registration
number and registry expiration date from the Registry of Approved
Bingo Workers on the Commission's website or by requesting the registration
number and registry expiration date from the Commission.
(4) An identification card is not transferable and
may be worn only by the individual identified on the card.
(5) Upon request by a Commission employee, an individual
described in subsection (a) of this section shall present personal
photo identification in order to verify the identification card is
that individual's card.
(l) How to Obtain Additional Approved Identification
Cards.
(1) A completed identification card may be obtained
from the Commission by submitting the required form.
(2) An individual who has been approved to work in
charitable bingo may complete an identification card form provided
by the Commission for use while on duty. Blank identification card
forms may be obtained from the Commission. The individual requesting
the identification card form(s) must submit any required fee and the
required form for the blank identification card form.
(3) The identification card prepared by the individual
may only be on a prescribed Commission card form and must be legible
and include the individual's name, unique registration number, and
registry expiration date.
(m) A licensed authorized organization which is reporting
conduct where there is a substantial basis for believing that the
conduct would constitute grounds for removal or refusal to list on
the registry shall make the report in writing to: Bingo Registry,
Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630.
(n) The provisions of the Texas Occupations Code §2001.313,
related to the registry of bingo workers, do not apply to an authorized
organization that does not have a regular license to conduct bingo
who receives a temporary license to conduct bingo.
(o) If the Commission proposes to refuse to add or
proposes to remove the individual from the Registry of Approved Bingo
Workers consistent with Texas Occupations Code §2001.313, the
Commission will give notice of the proposed action as provided by
Government Code, Chapter 2001.
(p) An individual receiving notice that the Commission
intends to refuse to add to or intends to remove the individual from
the Registry of Approved Bingo Workers may request a hearing. Failure
to submit a written request for a hearing within 30 calendar days
of the date of the notice will result in the denial of the application
or removal of the registered worker from the registry.
(q) An individual who has been denied or removed from
the registry because of a conviction for an offense listed under Occupations
Code §2001.105(b) will not be eligible to reapply to be listed.
An individual who has been denied or removed from the registry because
of a disqualifying criminal conviction not listed under Occupations
Code §2001.105(b) may reapply to be listed no earlier than five
years after the commission of the offense, or as otherwise allowed
under the Commission's Rules.
(r) A provisional employee must:
(1) immediately stop working:
Cont'd... |
