Sec. 2001.551. UNLAWFUL BINGO; OFFENSE. (a) In this section, "bingo" or "game" means a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random, whether or not a person who participates as a player furnishes something of value for the opportunity to participate.
(b) A person conducting, promoting, or administering bingo commits an offense if the person conducts, promotes, or administers bingo other than:
(1) under a license issued under this chapter;
(2) within the confines of a home for purposes of amusement or recreation when:
(A) no player or other person furnishes anything of more than nominal value for the opportunity to participate;
(B) participation in the game does not exceed 15 players; and
(C) the prizes awarded or to be awarded are nominal;
(3) on behalf of an organization of individuals 60 years of age or over, a senior citizens' association, a senior citizens' community center program operated or funded by a governmental entity, the patients in a hospital or nursing home, residents of a retirement home, or the patients in a Veteran's Administration medical center or a military hospital, solely for the purpose of amusement and recreation of its members, residents, or patients, when:
(A) no player or other person furnishes anything of more than nominal value for the opportunity to participate; and
(B) the prizes awarded or to be awarded are nominal; or
(4) on behalf of a business conducting the game for promotional or advertising purposes if:
(A) the game is conducted by or through a newspaper or a radio or television station;
(B) participation in the game is open to the general public and is not limited to customers of the business;
(C) playing materials are furnished without charge to a person on request; and
(D) no player is required to furnish anything of value for the opportunity to participate.
(c) An offense under Subsection (b) is a felony of the third degree.
(d) This section applies to a political subdivision regardless of local option status.
(e) A game exempted under Subsection (b)(2), (3), or (4) is not required to be licensed under this chapter.
(f) A game exempted under Subsection (b)(4) is subject to the following restrictions:
(1) a person licensed or required to be licensed under this chapter or having an interest in a license under this chapter may not be involved, directly or indirectly, in bingo, except that a licensed manufacturer or licensed distributor may sell or otherwise furnish bingo equipment or supplies for use in a game;
(2) a person conducting bingo may purchase or otherwise obtain bingo equipment or supplies through a newspaper, a radio or television station, or an advertising agency and, unless otherwise authorized by the commission, only from a licensed manufacturer or licensed distributor;
(3) a licensed manufacturer or licensed distributor may sell or otherwise furnish bingo equipment or supplies for use in a game only to or through a newspaper or a radio or television station or through an advertising agency acting on behalf of a person authorized to conduct the game; and
(4) the commission by rule may require a person conducting or involved in conducting the game to:
(A) notify the commission of:
(i) the persons involved in conducting the game;
(ii) the manner in which the game is to be conducted; and
(iii) any other information required by the commission; and
(B) keep records of all transactions connected with the game available for commission inspection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 13 - Sports, Amusements, and Entertainment
Section 2001.551. Unlawful Bingo; Offense
Section 2001.552. Fraudulent Award of Prizes; Offense
Section 2001.553. Unlicensed Sales; Offense
Section 2001.554. Other Offenses; Revocation of License
Section 2001.555. Exemption From Prosecution
Section 2001.556. Price Fixing Prohibited
Section 2001.557. Inspection of Premises
Section 2001.558. Injunction; Civil Penalty
Section 2001.559. Remedies Not Exclusive
Section 2001.560. Examination of Records; Disclosure of Information