| (a) The Commission shall determine, consistent with
the requirements of Chapters 53 and 2001, Occupations Code, whether
criminal convictions affect the eligibility of an applicant for a
new or renewal license or listing in the registry of approved bingo
workers under the Bingo Enabling Act (BEA). The Director of the Charitable
Bingo Operations Division (Director) shall have the authority to make
such determinations pursuant to this section. The Commission will
not apply Chapter 53, Occupations Code, to officers, directors, or
shareholders of, or other individuals associated with, an applicant
that is a non-individual business entity.
(b) If any of the following persons have been convicted
of a gambling or gambling-related offense, or criminal fraud, the
applicant for a license or a listing in the registry of approved bingo
workers will not be eligible for a new or renewal license or registry
listing, as applicable: the applicant; or for an applicant for a license,
any person whose conviction of any such offense would render the applicant
ineligible under the eligibility standards for the particular type
of license (i.e., BEA §2001.105(b)
for authorized organizations, BEA §2001.154(a)(5) for commercial
lessors, BEA §2001.202(9) for manufacturers, and BEA §2001.207(9)
for distributors). Such a conviction (which shall not include deferred
adjudications and/or nolo contendere pleas) shall be a permanent bar
to the applicant obtaining a license or registry listing.
(1) The Commission deems any gambling or gambling-related
offense to be any offense listed in Penal Code, Chapter 47, Gambling;
the offense of Penal Code, §71.02(a)(2), Engaging in Organized
Criminal Activity; or any offense committed, including in another
state or Federal jurisdiction, involving substantially similar conduct
as an offense cited in Penal Code Chapter 47 or §71.02(a)(2).
(2) The Commission deems any offense involving criminal
fraud to be any offense listed in the following Penal Code Chapters
and as described below, with the exception of Class C misdemeanors:
(A) Penal Code, Chapter 32, Fraud;
(B) Penal Code, Chapter 35, Insurance Fraud;
(C) Penal Code, Chapter 35A, Medicaid Fraud; or
(D) Any offense committed, including in another state
or Federal jurisdiction, involving substantially similar conduct as
an applicable offense under these enumerated Penal Code, Chapters
32, 35, or 35A.
(c) For criminal convictions that do not fall under
the categories addressed in subsection (b) of this section, the Commission
may determine an applicant to be ineligible for a new or renewal license
or a registry listing based on a criminal conviction for:
(1) An offense that directly relates to the duties
and responsibilities of the licensed or registered activity;
(2) An offense under §3g, Article 42A.054 of the
Code of Criminal Procedure; or
(3) A sexually violent offense, as defined by Article
62.001 of the Code of Criminal Procedure.
(d) For offenses that do not fall under subsection
(b) or (c) of this section, such as offenses for which a person pleaded
nolo contendere and/or received deferred adjudication and court supervision,
and except as provided in subsection (a) of this section, the Commission
may apply the provisions of Chapter 53, Occupations Code, to determine
whether or not the applicant is eligible for a new or renewal license,
or registry listing, under the BEA. For purposes of applying Chapter
53, the Commission may consider an applicant's deferred adjudication
for a gambling or gambling-related offense, or a criminal fraud offense,
to be a conviction in accordance with §53.021(d), Occupations
Code.
(e) Because the Commission has a duty to exercise strict
control and close supervision over the conduct of Charitable Bingo
to ensure that bingo is fairly conducted and the proceeds derived
from bingo are used for an authorized purpose, and, because bingo
games are largely cash-based operations providing opportunities for
individuals to have access to cash and/or products that may be exchanged
for cash, the Commission finds that prohibited acts under the BEA
and convictions for offenses that call into question an applicant's
honesty, integrity, or trustworthiness in handling funds or dealing
with the public, directly relate to the duties and responsibilities
of licensed and registered activities under the BEA. The Commission
deems convictions (including deferred adjudications and/or nolo contendere
pleas) for certain misdemeanor and felony offenses to directly relate
to the fitness of a new or renewal applicant for a license or registry
listing under the BEA. Such offenses include the following:
(1) Penal Code, Chapter 30, Burglary and Criminal Trespass,
with the exception of:
(A) Penal Code, §30.05, Criminal Trespass; and
(B) Penal Code, §30.06, Trespass by Holder of
License to Carry Concealed Handgun;
(2) Penal Code, Chapter 31, Theft, with the exception
of:
(A) Penal Code, §31.07, Unauthorized Use of a
Vehicle;
(B) Penal Code, §31.12, Theft of or Tampering
with Multichannel Video or Information Services;
(C) Penal Code, §31.13, Manufacture, Distribution,
or Advertisement of Multichannel Video or Information Services Device;
and
(D) Penal Code, §31.14, Sale or Lease of Multichannel
Video or Information Services Device;
(3) Penal Code, Chapter 33, Computer Crimes, with the
exception of:
(A) Penal Code, §33.05, Tampering With Direct
Recording Electronic Voting Machine; and
(B) Penal Code, §33.07, Online Impersonation;
(4) Penal Code, Chapter 34, Money Laundering;
(5) Penal Code, Chapter 36, Bribery and Corrupt Influence,
with the exception of Penal Code, §36.07, Acceptance of Honorarium;
(6) Penal Code, Chapter 37, Perjury and Other Falsification;
(7) Penal Code, Chapter 71, Organized Crime;
(8) Tex. Health and Safety Code, Chapter 481, Manufacture,
Delivery, or Possession with Intent to Deliver Controlled Substances;
and
(9) Any offense committed, including in another state
or Federal jurisdiction involving substantially similar conduct as
an offense in the applicable sections of Penal Code, Chapters 30,
31, 33, 34, 36, 37, 71, Tex. Health and Safety Code, Chapter 481,
or the BEA.
(f) In determining whether a criminal conviction directly
relates to the duties and responsibilities of the licensed or registered
activity under the BEA, the following factors will be considered:
(1) The nature and seriousness of the crime;
(2) The relationship of the crime to the purposes for
which the individual seeks to engage in the regulated conduct;
(3) The extent to which the regulated conduct might
offer an opportunity to engage in further criminal activity of the
same type as the previous conviction;
(4) The relationship of the conviction to the capacity
required to perform the regulated conduct; and
(5) Any other factors appropriate under Chapters 53
or the BEA, including whether a history of multiple convictions or
serious conviction(s) would cause an applicant to pose a threat to
the safety of bingo participants or workers.
(g) Except for convictions involving gambling or gambling-related
offenses, a conviction, deferred adjudication, or nolo contendere
plea for a Class C misdemeanor, or traffic offenses, and similar offenses
in other state or Federal jurisdictions with a similar range of punishment
as a Class C misdemeanor, will not be considered to be a disqualifying
offense for purposes of this section.
(h) If the Commission determines that an applicant
has a criminal conviction directly related to the duties and responsibilities
of the licensed occupation, the Commission shall consider the following
in determining whether to take an action against the applicant:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision; and
Cont'd... |
