Texas Register, Volume 18, Number 8, Pages 509-618, January 29, 1993 Page: 544
509-618 p. ; 28 cm.View a full description of this periodical.
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process. There will be no effect on small
businesses. There is no anticipated economic
cost to persons who are required to comply
with the section as proposed.
Comments on the proposal may be submitted
to Jeannene Fox, Director,, Bingo Division,
P.O. Box 13127, Austin, Texas 78711, (512)
206-3276.
The amendment is proposed under Texas
Civil Statutes, Article 179d, Bingo Enabling
Act, 16(a), which authorize the Commission
to adopt rules relating to the enforcement and
administration of the Bingo Enabling Act.
55.561. Interview and Conference Re-
quirements.
(a) Interview. Each applicant for a
bingo license or the renewal of an existing
license, whether as a conducting organiza-
tion, lessor, manufacturer, or distributor
may be required to be interviewed by a
representative of the Texas Alcoholic Bev-
erage Commission (Commission). The
Commission may specify the persons re-
quired or permitted to be present and the
time and location of the interview. The
interview will ensure the applicant's aware-
ness and understanding of requirements of
the Bingo Enabling Act and the Rules and
Regulations promulgated thereunder. The
applicant will assure the Commission that
all operations by the applicant relating to
bingo will be conducted according to the
Act and the Rules and Regulations promul-
gated thereunder. The Commission may re-
fuse to issue or renew an annual license
based on the conclusions resulting from the
interview.
(b) Conference. The Commission
may require that a designated operator
and/or officer of a licensee be in atten-
dance at any conference relating to cor-
rective measures to be taken after an
audit or field investigation.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 20, 1993.
TRD-9317919 Gayle Gordon
General Counsel
Texas Alooholic Beverage
Commission
Earliest possible date of adoption: March 1,
1993
For further information, please call: (512)
206-3204
* 16 TAC 55.562
The Texas Alcoholic Beverage Commission
proposes an amendment to 55. 562, con-
ceming unauthorized prizes. The amendment
adds a new subsection (d) allowing licensed
authorized organizations to give away food
and beverage items of a certain value to all
persons attending a bingo occasion.Thomas L. Byrd, director of auditing and tax
reporting, has determined that for the first
five-year period the section is in effect there
will be no fiscal implications for state or local
government as a result of enforcing or admin-
istering the section.
Mr. Byrd also has determined that for each
year of the first five years the section is in
effect the public benefit anticipated as a result
of enforcing the section will be increased
funds for charitable purposes resulting from
low cost promotions utilized to attract patrons.
There will be no effect on small businesses.
There is no anticipated economic cost to per-
sons who are required to comply with the
section as proposed.
Comments on the proposal may be submitted
to Jeannene Fox, Director, Bingo Division,
P.O. Box 13127, Austin, Texas 78711, (512)
206-3276.
The amendment is proposed under Texas
Civil Statutes, Article 179d, Bingo Enabling
Act, 16(a), which authorize the Commission
to adopt rules relating to the enforcement and
administration of the Bingo Enabling Act.
55.562. Unauthorized Prizes.
(a)-(c) (No change.)
(d) Organization's expenditures.
Subsection (c) of this section does not
prohibit a licensed authorized organiza-
tion for offering, free of charge, food and
beverage items to all persons in atten-
dance at a bingo occasion. An organiza-
tion's expenditures for these items must
not exceed an amount equal to $1.50 per
person in attendance and are an allow-
able promotional expense of the organi-
zation. A commercial lessor which is not
licensed to conduct bingo, may not pay
any part of that expense.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 20, 1993.
TRD-9317920 Gayle Gordon
Geiwal Counsel
Texas Alcoholic Beverage
Commission
Earliest possible date of adoption: March 1,
1993
For further information, please call: (512)
206-3204
* 16 TAC 55.565
The Texas Alcoholic Beverage Commission
proposes new 55.565, concerning partial
pay agreement. The section specifies the
conditions under which a partial pay agree-
ment to pay tax liability in installments may be
agreed to and specifies requirements which
must be met by a licensed authorized organi-
zation after an agreement has been entered
into.
Thomas L. Byrd, director of auditing and tax
reporting, has determined that for the firstfive-year period the section is in effect there
will be no fiscal implications for state or local
government as a result of enforcing or admin-
istering the section.
Mr. Byrd also has determined that for each
year of the first five years the section is in
effect the public benefit anticipated as a result
of enforcing the section will be to specify
when a partial payment agreement may be
used and what the requirements of that
agreement may be. There will be no effect on
small businesses. There is no anticipated
economic cost to persons who are required to
comply with the section as proposed.
Comments on the proposal may be submitted
to Jeannene Fox, Director, Bingo Division,
P.O. Box 13127, Austin, Texas 78711, (512)
206-3276.
The new section is proposed under Texas
Civil Statutes, Article 179d, Bingo Enabling
Act, 16(a), which authorize the Commission
to adopt rules relating to the enforcement and
administration of the Bingo Enabling Act.
95.565. Partial Pay Agreement.
(a) A partial pay agreement is a
contract between a licensed authorized or-
ganization and the Texas Alcoholic Bever-
age Commission which allows the
organization to pay in installments the full
amount of bingo gross receipts tax liability,
penalty, and interest.
(b) The Commission may enter into
a partial pay agreement with an organiza-
tion only if the following requirements are
met:
(1) the organization is unable to
pay the liability in one lump sum from its
bingo account and its general fund;
(2) the organization furnishes
letters from at least two financial institu-
tions refusing to loan the organization the
full amount of the liability, one of which
letters must be from the bank where the
organization maintains bingo accounts;
(3) the organization's bingo re-
ceipts and expenses, including current
taxes, and required charitable distribution
indicate that the organization will be able to
pay the tax liability within a time period of
not more than 24 months;
(4) the organization has posted
or posts an adequate bond; and
(5) the organization makes a
down payment of at least 25% of the liabil-
ity covered by the agreement, unless a
lesser amount is approved by the Commis-
sion.
(c) After the partial pay agreement
has been entered into, the organization must
meet the following requirements:
(1) *the organization must remain
current in its payment of all taxes coming
due after the execution of the agreement,
and failure of the organization to do so is
grounds for cancellation of the agreement;18 TexReg 544 January 29, 1993 Texas Register *
6
Texas Register +
18 TexReg 544 January 29, 1993
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Texas. Secretary of State. Texas Register, Volume 18, Number 8, Pages 509-618, January 29, 1993, periodical, January 29, 1993; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181690/m1/31/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.