TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 141. CHARITABLE BINGO OPERATIONS

The Texas Department of Licensing and Regulation (Department) proposes at 16 Texas Administrative Code (TAC), Chapter 141, amendments to existing rules in Subchapter A, §141.100; Subchapter D, §§141.400, 141.443, 141.451, and 141.453; Subchapter E, §141.514; and Subchapter G, §141.702; the repeal of existing rules in Subchapter A, §141.101 and §141.102; and new rules in Subchapter A, §141.101 and §141.102; and Subchapter E, §141.515, regarding the Charitable Bingo program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 141, implement Occupations Code, Chapter 51, Texas Department of Licensing and Regulation, and Occupations Code, Chapter 2001, Bingo.

The proposed rules are necessary to implement Senate Bill (SB) 3070, 89th Legislature, Regular Session (2025), which transferred the licensing and regulation of charitable bingo to the Department on September 1, 2025. The proposed revisions are also consistent with the purpose and goals of SB 14, 89th Legislature, Regular Session (2025) which include streamlining rules by eliminating duplicate language found in statute, eliminating rule text that is unenforceable or unnecessary, and using plain language to improve readability. Proposed amendments and new rules also update and clarify certain terms or processes to increase transparency.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Bingo Advisory Committee at its meeting on June 30, 2026. The Advisory Committee did not make any changes to the proposed rules. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

Subchapter A. Administration

§141.100

The proposed rules amend §141.100, Definitions, by creating two new subsections. New subsection (a) reduces duplication in rule text by stating that the definitions in Occupations Code, Chapters 51 and 2001, apply to Chapter 141.

Proposed new §141.100(b) letters the numbered definitions and deletes a duplicative reference in the introductory sentence to Texas Occupations Code, Chapter 2001.

Proposed amendments delete §141.100(1) because a definition for state law is unnecessary, as the term has a common meaning and is used once in Chapter 141, and renumber the remaining definitions.

Proposed amendments to renumbered §141.100(b)(1), calendar week, delete unnecessary words to improve readability without changing meaning.

Amendments to renumbered §141.100(b)(2), calendar year, delete unnecessary words and simplify language to improve readability without changing meaning.

Amendments to §141.100(4) delete the definition for Commission because the term is defined in Occupations Code, §51.001(1-a), and renumber the remaining definitions.

Proposed new §141.100(b)(4) defines a day as a calendar day to eliminate the repetitive use of "calendar" to describe day throughout Chapter 141.

Amendments to renumbered §141.100(b)(5) implement SB 3070 by substituting executive director for "Director" and "department, or designee" for the description of the Charitable Bingo Operations Division as the Texas Department of Licensing and Regulation is the responsible department.

Amendments to renumbered §141.100(b)(6) add a definition for a grandfathered commercial lessor for ease of reference and define this term as a commercial lessor who has been licensed continuously since June 10, 1989, consistent with Occupations Code, §2001.152(b).

Amendments to renumbered §141.100(b)(7), operator, substitute "individual" for "natural person", clarify that the individual is designated by a licensed authorized organization, and substitute a standard phrase "under Occupations Code, Chapter 2001" for "pursuant to the authority of the Bingo Enabling Act" for consistency and ease of understanding without changing meaning.

Amendments to §141.100(8) delete the definition of 24-hour period, because not all uses of the term in Chapter 141 are consistent and the term may be easily understood or clarified in the few instances in which it is used, and renumber the remaining definitions.

Amendments to renumbered §141.100(b)(8) reference the definition for premises in Occupations Code, §2001.002(22), delete duplicative language found in Occupations Code, §2001.002(22) and Occupations Code, §2001.403, and letter §141.100(b)(8) to organize premises definition elements into three subparagraphs. Amendments to lettered §140.101(b)(8)(A) clarify that the premises address must be a physical street address, as a post office box address would not allow the Department to locate the premises for inspection purposes. New §140.101(b)(8)(B) adds that if a licensed authorized organization or unit leases space to conduct bingo, the term "premises" is limited to the specific area identified for that purpose in the commercial lessor's license record for consistency with Occupations Code, §2001.002(22).

§141.101

The proposed rules repeal §141.101, Advisory Opinions, to allow the Department to propose a new §141.101, which reorganizes, streamlines, and clarifies rule text in current §141.101, and adds new subsections to improve transparency.

Proposed new §141.101(a) provides a statutory citation to Occupations Code, §2001.059(a), which designates who may submit an advisory opinion request, and the email address to which the request must be sent. This provision provides transparency in who may request an opinion, and how a request must be submitted to the Department.

Proposed new §141.101(b) specifies the information the requestor must include in the advisory opinion request to inform the requester.

Proposed new §141.101(c) describes the criteria used by the director in evaluating a submitted request to provide transparency.

Proposed new §141.101(d) requires the director to respond to an advisory opinion request by email if the Department does not have jurisdiction, or if the request can be answered by referring to a statute, rule, or previous advisory opinion. These provisions provide an efficient process for the Department to respond to these types of requests in which an advisory opinion is not required.

Proposed new §141.101(e) describes the process for the director to request more information when the requestor has not included sufficient facts in the initial request, and the time in which the requestor must respond. Proposed new §141.101(e) requires the director to accept the request if the requestor provides sufficient facts within the 10-day period. These provisions implement Occupations Code, §2001.059(b), and specify the time in which the requestor must respond to a Department request for more information to enable efficient processing of advisory opinion requests.

Proposed new §141.101(f) requires the director to notify the requestor of the date the director accepts the advisory opinion request and the number assigned to the request. This provision provides transparency and a tracking mechanism for each request.

Proposed new §141.101(g) requires the director to refer the accepted request to appropriate staff for review and written comment, to post the accepted advisory opinion request on the Department website which is currently txbingo.org; and to notify license holders by email that they can submit a written comment within a specified 30-day comment period. These provisions ensure that Department subject matter experts review and provide relevant information and provide transparency by notifying license holders of their opportunity to review and comment.

Proposed new §141.101(h) requires the Commission to consider the request and issue an advisory opinion consistent with Occupations Code, §2001.059. This provision includes a statutory reference for ease of reference and to streamline rule text.

Proposed new §141.101(i) requires the Department to publish an advisory opinion approved by the Commission on the Department website to provide public transparency consistent with current practice.

§141.102

The proposed rules repeal §141.102, Bingo Advisory Committee, to allow the Department to propose a new streamlined §141.102 that eliminates the current non-standard question-and-answer format and redundant text found in Occupations Code, §§2001.057, 51.209, and 51.2094, and clarifies existing text.

Proposed new §141.102(a) references Occupations Code, §§2001.057, 51.209, and 51.2094. Occupations Code, §2001.057 provides specific authority, and Occupations Code, §51.209 and §51.2094 provide additional authority. This statutory text does not need to be repeated in rule.

Proposed new §141.102(b) informs individuals how to apply for an open position on the advisory committee by completing a form on the Department's website and requires an applicant to provide complete and accurate information to allow the Department to determine if the applicant meets the eligibility requirements to be an advisory committee member. This provision provides transparency in the application process and describes application requirements.

Proposed new §141.102(c) states that an applicant is not qualified to be an advisory committee member if convicted of one of the crimes listed in proposed §141.702 which includes criminal fraud, gambling, and gambling-related crimes, and crimes in the criminal history guidelines. This provision ensures that advisory committee members are held to the same standards as license holders.

Proposed new §141.102(d) requires an advisory committee member to hold a license in good standing, if a license is required for the advisory committee member position, and defines good standing. Proposed new §141.102(d)(1) requires a license holder to not be delinquent in the payment of prize fees to the Department. Proposed new §141.102(d)(2) requires that the license be active and not expired, suspended, or revoked. These provisions help ensure that these advisory committee members are actively engaged in charitable bingo while serving on the advisory committee in the capacity of a licensed member.

Proposed new §141.102(e) requires a public member to be a Texas resident and a person who is not required by statute to be listed on a conductor, commercial lessor, manufacturer, or distributor license application. These requirements help ensure that a public member will represent Texas citizens' interests.

Proposed new §141.102(f) requires the Department to evaluate a bingo advisory committee membership application to determine if the applicant is eligible for consideration by the Commission, and to submit only eligible applicants to the Commission. These provisions ensure that the Commission can efficiently consider and appoint members to the advisory committee and that the advisory committee does not have a role in selecting its own members consistent with Occupations Code, §2001.057(g)(2).

Proposed new §141.102(g) defines the length of a committee member's term, specifies that the terms be staggered, requires the Commission's presiding officer to appoint a replacement with the Commission's approval if a vacancy occurs, and allows the Commission to remove an advisory committee member for the reasons in Occupations Code, §51.209(b). These requirements balance membership continuity with the opportunity for the Commission to add and replace members to ensure a full advisory committee consistent with the provisions of Occupations Code, §51.209(b) and §51.2094.

Proposed new §141.102(h), requires each bingo advisory meeting to be open to the public consistent with the requirements of Government Code, Chapter 551, requires the bingo advisory committee's presiding officer to request the Department post a meeting notice on the Department website at least 10 days prior to the date of a meeting, and requires the posted meeting notice to include the day, time, meeting location, and agenda items so the public may attend and participate in the meeting.

Proposed new §141.102(i) allows the bingo advisory committee to meet in person, or by a method consistent with Occupations Code, §51.209(a-2) which provides options for telephone and video conferencing. This provision provides flexibility for the advisory committee meeting format consistent with the statutory requirements for these public meetings.

Proposed new §141.102(j) requires the bingo advisory committee's presiding officer to designate another member to conduct a meeting or general business in the presiding officer's absence so advisory committee work may continue in the presiding officer's absence.

Proposed new §141.102(k) defines a quorum as five members and requires a quorum to be present at a meeting for the advisory committee to conduct official business. Proposed new §141.102(k)(1) clarifies that an action requires a majority vote of the members present and voting. Proposed new §141.102(k)(2) clarifies that a member may not vote by proxy. The purpose of these provisions is to ensure the advisory committee has the benefit of input from commission-appointed advisory committee members before acting.

Proposed new §141.102(l) requires the bingo advisory committee at each meeting to keep minutes which include all formal actions taken. Proposed new §141.102(l)(1) allows a transcript to serve as the meeting minutes, and proposed new §141.102(l)(2) requires the committee to approve meeting minutes at the next meeting and file the approved minutes with the Department for posting on the Department's website. These provisions provide transparency regarding the advisory committee's activities consistent with the requirements of Government Code, Chapter 551.

Proposed new §141.102(m) requires the bingo advisory committee to report to the Commission at least annually on six topics: adjusted gross receipts, net receipts, charitable distributions, expenses, attendance, and any other matter requested by the Commission. This provision enables the Commission to perform their responsibilities under Occupations Code, §51.2011.

Subchapter D. Licensing Requirements

The proposed rules amend §§141.400, 141.443, 141.451, and 141.453 to substitute "department" for "Commission" or "commission", to implement SB 3070 which transferred responsibility for charitable bingo to the Department.

§141.400

The proposed rules amend §141.400 by substituting "Requirements" for "Provisions" in the rule title for clarity and consistency, by standardizing rule format to eliminate the current inconsistent subsection format and word usage, by streamlining rule text to eliminate text found in statute and other unnecessary text, by standardizing word usage, and by clarifying existing text.

Amendments to the first sentence in §141.400(a) substitute "a" for "any" for consistency in terminology, substitute the phrase "activity requiring a license under Occupations Code, Chapter 2001" to more accurately describe "related activity", replace "shall" with "must" for consistency in terminology, and clarify the application process by adding a reference to the Department website for application process information. Amendments to the remainder of §141.400(a) require all submitted information to be legible, correct, and complete, streamline text in this and the following two subsections, delete unnecessary words without changing meaning, and adjust capitalization at the beginning of each paragraph for format consistency to improve readability without changing meaning.

Amendments to §141.400(b) clarify that all information an applicant submits is considered by the Department to be part of the application and delete unenforceable or duplicative text to streamline text and improve readability without changing meaning.

Amendments to §141.400(c) and §141.400(d) restructure and delete unnecessary text to improve readability without changing meaning.

Amendments to §141.400(e) substitute "commercial lessor" for "bingo hall" for consistency in terminology, restructure and delete unnecessary text to improve readability without changing meaning, and clarify that a license fee will be refunded if an application is withdrawn if the license type has a fee.

Amendments to §141.400(f) restructure and delete unnecessary text to improve readability, add "authorized" to more accurately describe the organization, substitute a reference to Occupations Code, Chapter 2001 for a reference to the Bingo Enabling Act for consistency in terminology, and substitute "supplemental" for "supplement" for consistency in terminology to improve readability. These amendments to improve consistency and readability do not change meaning.

Amendments throughout §141.400(g) restructure and delete unnecessary text to improve readability, substitute a reference to Occupations Code, Chapter 2001 for a reference to the Bingo Enabling Act for consistency in terminology, and substitute a reference to the applicable rules in Chapter 141 for a reference to the Charitable Bingo Administrative Rules for consistency in terminology. Amendments in §141.400(g) add a reference to the Department's authorization to perform a premises inspection under §141.705 for consistency and completeness and reorganize the remaining text into paragraphs and subparagraphs to improve readability. Amendments to numbered §141.400(g)(1) substitute "individual" for "person" for accuracy and consistency in terminology, and substitute "license holder" for "licensee" for consistency with statute and to improve readability. These amendments to improve consistency and readability do not change meaning.

Amendments to §141.400(h) substitute a reference to Occupations Code, Chapter 2001, for a reference to the Bingo Enabling Act for consistency in terminology, substitute a reference to the applicable rules in Chapter 141 for a reference to the Charitable Bingo Administrative Rules for consistency in terminology, and restructure text to improve readability without changing meaning.

Amendments to §141.400(i) delete that subsection because the text is a record keeping requirement and not a licensing requirement. Requirements for a temporary authorization and related record keeping are in other rules not included in this rule proposal. Amendments also reletter the remaining subsections in this section.

Amendments to relettered §141.400(i) restructure text to improve readability without changing meaning. Amendments to §141.400(i) also substitute a reference to Occupations Code, Chapter 2001 for a reference to the Bingo Enabling Act for consistency in terminology.

Amendments to relettered §141.400(j) delete the subsection introductory header and paragraph (1) designation for consistency in subsection formatting, substitute "license holder" for "licensee" for consistency with statute and to improve readability, restructure text to improve readability without changing meaning, renumber the remaining subparagraphs, substitute a more descriptive phrase to describe required remittances to improve readability, delete the requirement for a license holder to return a canceled license to the Department, and substitute a requirement for the license holder to destroy a canceled license because that process is more efficient and cost effective for the license holder.

Amendments to relettered §141.400(k) delete the subsection introductory heading for consistency in subsection formatting, restructure text to improve readability without changing meaning, substitute "license holder" for "licensee" for consistency with statute and to improve readability, add "bingo" to describe the playing location for clarity, standardize the citation format for Occupations Code references for consistency, standardize number references for consistency, correct referenced rule numbers, and add rule titles for ease of reference.

Amendments to relettered §141.400(l) add an introductory sentence to clarify and modernize the Department requirement to obtain a fingerprint-based criminal history record from the Department of Public Safety's criminal history clearinghouse for certain individuals by license type, organize requirements in two paragraphs, and adjust capitalization and preposition usage to improve readability. Amendments to numbered §141.400(l)(1) substitute "individual" for "person" for accuracy and consistency, substitute "Occupations Code, Chapter 2001" for "Bingo Enabling Act", add a reference to Occupations Code, §2001.103 for completeness, and delete outdated and unnecessary language. Amendments to §141.400(l)(2) delete an unnecessary preposition, delete an unnecessary license descriptor, and substitute a more specific citation to Occupations Code, §2001.103 as a reference to the Bingo Enabling Act to add clarity.

Amendments to relettered §141.400(m) delete the subsection introductory header for consistency in formatting, delete redundant text to improve readability, substitute "individual" for "person" for accuracy and consistency, add a descriptor for the type of form to add clarity, substitute "license holder" for "licensee" for consistency with statute and to improve readability, add the phrase "information or" for completeness, and substitute a citation to Government Code, Chapter 522, for a reference to the Public Information Act to standardize statutory reference formatting which improves readability without changing meaning.

§141.443

The proposed rules amend §141.443(a) by adding the process for a commercial lessor's license to be transferred consistent with Occupations Code, §2001.160, and deleting the definition of a grandfathered commercial lessor because that definition is proposed to be added in §141.100(b)(6). Amendments document the current process which requires a commercial lessor to request Department approval to transfer a commercial lessor license by submitting a completed transfer application form.

Proposed amendments to §141.443(b) substitute "grandfathered commercial lessor's license" for "Grandfathered Lessor's License" for consistency in terminology, and substitute "Occupations Code" for "Bingo Enabling Act" for consistency in statutory references. These amendments improve readability without changing meaning.

Proposed amendments to §141.443(c) clarify that a commercial lessor's license is not considered to be transferred after a name change or change in ownership if the legal entity's taxpayer number does not change. These amendments clarify that this subsection applies to all commercial lessors, not just grandfathered lessors, and streamline existing language to improve readability.

§141.451

The proposed rules amend §141.451, Operating Capital, by restructuring or deleting text to improve accuracy and readability, by adding subsection introductory headings for formatting consistency, by standardizing statutory references for ease of reference and by increasing the maximum retained operating capital to implement SB 3070.

The proposed rules amend §141.451(a)(2) by restructuring text to improve readability without changing meaning and by deleting unnecessary text. Proposed amendments to §141.451(a)(3) delete that definition, because the relevant bingo quarterly report varies based on the license type and whether a unit is involved, and renumber the remaining definition. Proposed amendments to renumbered §141.451(a)(3) add "department-authorized" to describe the maximum amount of funds that may be retained in the bingo account of a licensed authorized organization or unit, and delete unnecessary or outdated language.

The proposed rules amend §141.451(b) by adding an introductory heading for format consistency, restructuring text to improve readability without changing meaning, and standardizing a statutory reference for ease of reference.

The proposed rules amend §141.451(c) by adding an introductory heading for format consistency, by deleting an unnecessary sentence to improve readability, by restructuring text to improve readability without changing meaning, and by clarifying the description for a quarterly report as the "applicable" quarterly report because the specific quarterly report to be submitted varies based on the license type and whether a unit is involved.

The proposed rules amend §141.451(d)(1) by deleting an outdated reference to a 12-month license period, amend §141.451(d)(2) by changing the number of quarterly reports used in the calculation to eight from three, and amend §141.451(d)(3) by updating the period that the operating capital limit is effective to eight calendar quarters for consistency with the current two-year license period.

The proposed rules amend §141.451(e) by deleting unnecessary text without changing meaning.

The proposed rules amend §141.451(f) by adding an introductory heading and paragraph designation for format consistency, by substituting "payment" for "remittance" to simplify the text without changing meaning, by standardizing a statutory reference for ease of reference, by deleting the introductory heading to §141.451(g), by adding and renumbering the paragraphs in §141.451(g) into §141.451(f) for completeness, by updating the maximum limit to $100,000 to implement SB 3070, by restructuring text to improve readability without changing meaning, and by adding a reference to §141.453, which describes the process for a licensed authorized organization to apply for an increase in the retained operating capital limit.

The proposed amendments to relettered §141.451(g) inform a licensed authorized organization or unit that the department-approved operating capital limit may be viewed on the Department's online portal on demand and to delete outdated and unnecessary language regarding submitting a request for the recalculation of the retained operating capital limit. A licensed authorized organization no longer must request a recalculation because the Department system automatically recalculates the operating capital limit and makes that recalculated amount available in the department's online portal.

Proposed amendments delete §141.451(h) through (k) because these three subsections contain redundant text found in Occupations Code, §2001.451 or §2001.457, and in §141.453.

§141.453

The proposed rules amend §141.453, Request for Operating Capital Increase, by clarifying definitions, clarifying the requirements for a licensed authorized organization to submit a request to exceed the $100,000 statutory limit, deleting unenforceable text, deleting, reorganizing, or adding text to improve readability, and using consistent terminology to improve readability without changing meaning.

Proposed amendments to §141.453(a) clarify the definitions of force majeure and requests to exceed the operating capital limit. These amendments are important because Occupations Code, §2001.451 allows a licensed authorized organization to request a Department waiver of the $100,000 retained operating capital statutory limit in certain circumstances. Proposed amendments to §141.453(a)(2) clarify the definition of "request to exceed the operating capital limit" by substituting "increase" for "exceed" to match the Department form title, by referencing the form required to submit a request, and by expanding the statutory references to include Occupations Code, §§2001.451(h), 2001.451(j), and 2001.451(k) to clarify that the form may be used to submit all requests to increase the operating capital limit including requests under and over the $100,000 statutory limit. Proposed amendments to §141.453(a)(3) substitute a possessive pronoun to improve readability.

Proposed amendments to §141.453(b) substitute "increase" for "exceed" for consistency in terminology, and in §141.453(b)(1), reorganize text to improve readability without changing meaning. Proposed amendments to §141.453(b)(3)(D) add an introductory phrase to clarify that the clauses in that subparagraph identify requirements that apply only to a request to exceed the $100,000 statutory limit. Proposed amendments to §141.453(b)(3)(D)(ii) incorporate the content from §141.453(c) for completeness and renumber the remaining clause. Proposed amendments to relettered §141.453(b)(3)(D)(iii) delete an unnecessary introductory phrase to improve readability, substitute a more precise descriptor phrase for news sources, add "licensed authorized" to describe "organization" for completeness and consistency, and delete language referring to examples because examples are provided in the form and are not necessary in the rule. A proposed amendment to §141.453(b)(4) substitutes "must" for "may" because the purpose of the paragraph is to define the minimum requirements for a credible business plan and not provide unenforceable guidance. Proposed amendments to §141.453(b)(4)(A) add "charitable donation" to describe the project goal and delete unnecessary text. Proposed amendments to §141.453(b)(4)(B) delete that subparagraph as a detailed description of the charitable activities over the last eight quarters is not a necessary requirement for a credible future-based business plan, and reletter the remaining subparagraphs.

Proposed amendments to §141.453(c) delete that subsection because that text is incorporated in proposed §141.453(b)(3)(D)(ii), and reletter the remaining paragraphs.

Proposed amendments to relettered §141.453(c) delete unnecessary text without changing meaning to improve readability, combine the text in §141.453(e) with the text in relettered §141.453(c) for completeness, reletter subsequent subsections, and delete "calendar" to describe day because a definition for "day" is proposed in §141.100(b)(4).

Proposed amendments to relettered §141.453(d) delete the introductory heading for format consistency, delete unnecessary text without changing meaning to improve readability, add the descriptor "licensed authorized" to describe organization for consistency in terminology, and standardize a statutory reference to improve readability.

Proposed amendments to relettered 141.453(e) and relettered §141.453(f) reorganize and delete unnecessary text without changing meaning to improve readability.

Proposed amendments delete §141.453(i) as unnecessary because the Department does not require or prohibit a licensed authorized organization from submitting a new request if circumstances or plans change.

Subchapter E. Books and Records

§141.514

The proposed rules amend §141.514, Electronic Fund Transfers, by changing the section title and rule text to make "Fund" plural for consistency with the Texas Commercial Code and related rules.

The proposed rules amend §141.514(a) to simplify and streamline the definition of an electronic funds transfer to improve readability without changing meaning.

The proposed rules amend §141.514(b) by changing "shall" to "must" for consistency in usage, by reorganizing and deleting unnecessary text without changing meaning, and standardizing references to statute and rules for consistency and to improve readability.

The proposed rules amend §141.514(c) by changing "shall" to "must" for consistency in usage, by deleting unnecessary text without changing meaning, and by standardizing the recordkeeping format in months for consistency in terminology throughout Chapter 141 to improve readability.

The proposed rules delete §141.514(d) because the requirement in that subsection is not enforceable.

§141.515

The proposed rules add new §141.515, Equipment and Supply Transactions.

New §141.515(a) adds a reference to Occupations Code, §2001.407 because that statutory provision applies to all equipment and supply transactions.

New §141.515(b) specifies the recordkeeping requirements if a licensed authorized organization either transfers or receives a card-minding device from another licensed authorized organization under Occupations Code, §2001.407(c-4).

Consistent with the requirements in Occupations Code, §2001.407(f), new §141.515(c), specifies the process for a licensed authorized organization to request Department approval to sell certain supplies and used equipment authorized by statute, and clarifies that no other types of bingo supplies or equipment may be sold by a licensed authorized organization to another licensed authorized organization.

Subchapter G. Compliance and Enforcement

§141.702

For clarity, the proposed rules amend the title of §141.702, Disqualifying Convictions, to include "and Criminal History Guidelines" because the guidelines are included in the rule.

The proposed rules amend §141.702(a) by substituting "original" for "new" for consistency with terminology in Occupations Code, Chapter 2001, and updating related prepositions, by substituting "director" for the reference to the director of Charitable Bingo Operations Division to implement SB 3070, by standardizing the format of statutory references for consistency and ease of reference, and by reorganizing and deleting unnecessary text to improve readability.

The proposed rules amend §141.702(b) by providing statutory references in place of duplicative text, substituting "department" for "Commission" to implement SB 3070, by deleting unnecessary words to improve readability without changing meaning, and by clarifying that convictions for crimes with the same elements will be disqualifying regardless of jurisdiction.

The proposed rules amend §141.702(c) by incorporating the charitable bingo criminal history guidelines in §141.702(e), by streamlining that language to improve readability without changing meaning, by clarifying that potentially disqualifying crimes include crimes with the same elements in other jurisdictions, by referencing a statute which contains independently disqualifying crimes for completeness, by clarifying that potentially disqualifying crimes include offenses of attempting or conspiring to commit the listed offenses because those crimes have the same intent as the crimes in the criminal history guidelines, and by deleting duplicative language in Occupations Code, §53.021 to improve readability.

The proposed rules amend §141.702(d) by clarifying that the criminal history guidelines in §141.702(c) are not exhaustive and that the Department may determine that an offense not described in the guidelines is potentially disqualifying, after considering the criteria in Occupations Code, §53.022. The proposed rules also amend §141.702(d) by deleting unnecessary text, as Occupations Code, Chapter 53 is referenced in §141.702(a).

The proposed rules amend §141.702(e) by incorporating text from §141.702(i) which describes the process and required timeframe for an applicant to respond to a Department notice of an intent to deny a license or registry listing, by streamlining that text to improve readability, and by deleting the text in §141.702(e) which was incorporated into §141.702(c).

The proposed rules amend §141.702(f) by incorporating text from §141.702(j), by further clarifying that the Department will notify the applicant of the denial of a license or registry listing by certified mail, regular, mail and by email if the applicant provided an email address, and by deleting text duplicating Occupations Code, §53.022 to streamline text and improve readability.

The proposed rules amend §141.702(g) by incorporating text from §141.702(k), by standardizing a reference to §141.700 for consistency, and by deleting text duplicating Occupations Code, §53.021, to streamline and improve readability.

The proposed rules delete §141.702(h) because that text is in Occupations Code, §53.023, and is duplicative.

The proposed rules also delete subsections §141.702(i) through (l) as any necessary text and non-duplicative text is incorporated into preceding subsection proposals.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public will receive multiple benefits because the rule proposal provides greater transparency, streamlines and organizes rules to make the rules easier to read, and reflects current Department processes. This rule proposal will make the rules easier for license applicants, license holders and registrants, and the public to understand, and help with law and rule compliance. The proposed rules will also provide for more effective and efficient regulation of charitable bingo, and enhance the game's high standards of professional conduct, helping to safeguard the profession, charities, and people they serve statewide.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

The proposed rules eliminate duplicative references, update references, add clarifying language, restructure the existing rules for better organization, and include clean-up changes. The rule proposal does not include provisions that increase license holder costs through fee increases, nor does it require license holders to expend additional funds for equipment, staff, supplies or infrastructure.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

Of the 2,093 license holders, 1,766 or 84% are non-profit organizations which do not qualify as a small business or micro-business. The 294 commercial lessor license holders may include small or micro-businesses, however, we do not have access to information to estimate how many, if any, qualify, and non-profits also make up a sizeable percentage of that license holder type. Public information and our interactions with the 20 manufacturer and 13 distributor license holders suggest that the revenue for each is generally above the statutory $6 million revenue limit.

Additionally, the proposed rules largely make rule improvement changes, and do not include provisions that increase costs for any small or micro-business in the bingo program. Therefore, the proposed rules will not have an adverse economic effect on any small or micro-business.

The proposed rules do not change the amount of prize fees that a rural community may receive or limit license holder charitable bingo activities in rural communities.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code §2001.0221, the Department provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do create a new regulation to describe the recordkeeping requirements under Occupations Code, §2001.407(c-4) and the process to request Department approval to sell certain used supplies and equipment under Occupations Code, §2001.407(f).

6. The proposed rules expand a regulation, limit certain regulations, and repeal and replace two existing regulations.

The proposed rules expand the number of disqualifying or potentially disqualifying crimes in §141.702(b) and (c), by including convictions under foreign laws, if the offense contains elements that are substantially similar to the elements of a crime under Texas law that is disqualifying or potentially disqualifying.

In §141.100(b)(8), the proposed rules limit an existing regulation by defining "premises" as limited to the specific area leased to conduct bingo, for consistency with Occupations Code, §2001.002(22).

In §141.102(d), the proposed rules limit eligibility for a person whose license is expired, suspended, revoked to be an advisory committee member, and in §141.102(e), limit eligibility of public members by requiring Texas residence.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.

Comments on the proposed rules and responses to the Department's request for information on the cost, benefit, or effect of the proposed rules may be submitted on the Department's website at https://ga.tdlr.texas.gov:1443/form/Ch140_Rule_Making; by facsimile to (512) 344-5189; or by mail to Dorota Bienkowska, Legal Assistant, Texas Department of Licensing and Regulation, Lottery and Charitable Bingo Division, P.O. Box 16630, Austin, Texas 78761-6630. The deadline for comments is 30 days after publication in the Texas Register.

SUBCHAPTER A. ADMINISTRATION

STATUTORY AUTHORITY

The Department proposes the amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes repeals, amendments, and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

Section 80 of Senate Bill 3070, 89th Legislature, Regular Session (2025), provides additional rulemaking authority for the proposed amendment and new section by requiring the Commission to adopt rules to implement the Act as soon as practicable.

§141.100. Definitions.

(b) The following words and terms, when used in this chapter, [and Texas Occupations Code, Chapter 2001, shall] have the following meanings, unless the context clearly indicates otherwise.

(1) [(2)] Calendar week--Seven [A period of seven] consecutive days beginning [commencing with] Sunday [and ending Saturday].

(2) [(3)] Calendar year--[A period of] 12 consecutive months beginning [commencing with] January 1 [and ending with December 31].

(3) [(5)] Conductor--A licensed authorized organization.

(5) [(6)] Director--The executive director [Director] of the department, or designee. [Charitable Bingo Operations Division, commonly known as the bingo division, of the Commission.]

(7) Operator--An individual [A natural person] designated by a licensed authorized organization under Occupations Code, Chapter 2001 [pursuant to the authority of the Bingo Enabling Act].

(8) [(9)] Premises--As defined in Occupations Code, §2001.002(22). [The area subject to the direct control of and actual use by a licensed authorized organization or group of authorized organizations to conduct bingo. There may not be more than one premises under a common roof or over a common foundation, except under a license that was in existence on or before May 23, 1997.]

(A) A premises must have a physical street [an] address;

(C) The term does not include a virtual location or place.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602760

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

STATUTORY AUTHORITY

The Department proposes repeals under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; and under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee, and to prohibit the committee's involvement in committee member selection.

The Department also proposes repeals under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed repeals are in Government Code, Chapter 2001, and Occupations Code, Chapters 51 and 2001. No other statutes, articles, or codes are affected by the proposed repeals.

§141.101. Advisory Opinions.

§141.102. Bingo Advisory Committee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602764

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

STATUTORY AUTHORITY

The Department proposes the amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes repeals, amendments, and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

Section 80 of Senate Bill 3070, 89th Legislature, Regular Session (2025), provides additional rulemaking authority for the proposed amendment and new section by requiring the Commission to adopt rules to implement the Act as soon as practicable.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602765

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER D. LICENSING REQUIREMENTS

STATUTORY AUTHORITY

The Department proposes amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the Department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes amendments and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

§141.400. General Licensing Requirements [Provisions].

(a) A [Any] person who wants to engage in a bingo activity requiring a license under Occupations Code, Chapter 2001, must [related activity shall] apply for a license by following the instructions on the department website for completing and submitting the applicable application form to the department [Commission for a license]. All submitted information [The application must be on a form prescribed by the Commission and all required information] must be legible, correct and complete. An [The initial submittal of an] application is complete [incomplete] if the applicant provides [following information is not provided]:

(1) all [All] information requested on the application form and applicable supplemental forms;

(2) all [All supplemental] information requested during the pre-licensing investigation period;

(3) the [The applicable] license fee, if applicable [fee for a lessor, distributor, or manufacturer]; and

(4) all required authorized [Authorized] signatures [as required by the Commission].

(b) The department considers all information [Information] submitted by an applicant [on an applicable form shall be considered] to be part of the application. [Supplemental information should be submitted on a form prescribed by the Commission and all information required must be correct and complete.]

(c) Information submitted by an applicant in a format other than on a department form [an applicable form must be legible and] must include the following:

(1) the name and address of the organization as it appears on the application;

(2) the Texas taxpayer identification number or federal employer identification number; or, if sole owner, the individual's social security number;

(3) a statement identifying the information submitted; and

(4) the signature, printed name, and telephone number of the person authorized to submit the information. [information; and]

(d) The department will review an application within [Within] 21 [calendar] days of receipt. [after the Commission has received an original application, the Commission will review the application and notify the applicant if additional information is required.]

(e) If an application is incomplete, the department [Commission] will notify the applicant and, if applicable, the applicant's commercial lessor [bingo hall]. The applicant must provide the requested information within 21 days after notification [calendar days of such notification]. If the applicant fails to respond [Failure to respond] within this timeframe, the department [timeframe] will consider [result in] the application [being deemed incomplete and] withdrawn and refund the application fee, if applicable. The department will not return the application or [and] any submitted documentation to the applicant [will not be returned].

(f) An authorized organization [For an application to conduct bingo, an organization] may [choose to] submit an [the] application for an original license [form] without [including] a bond or other security; information regarding previously held licenses; justice precinct, city or county certification; and information on intended playing location, days, times, and starting date.

(1) All other information requested on the application and the accompanying supplements must be complete and in compliance with Occupations Code, Chapter 2001, and related rules [all other requirements of the Bingo Enabling Act and the Charitable Bingo Administrative Rules].

(2) Within the [a] number of [calendar] days specified [required by the Commission] on the applicable forms, the authorized organization must remit the required bond or other security to the department [Commission] and submit the remaining information and certification [inform the Commission] on the applicable supplemental forms [of the intended playing location, days, times, and starting date of the occasions]. If the organization fails to remit [provide] the required bond or other security and to provide [as well as] complete and accurate supplemental [supplement] forms within the required timeframe, the department [Commission] will consider the application withdrawn [deny the application].

(3) An authorized organization that has submitted [the appropriate bond or other security and] a complete application[, including all applicable supplemental forms,] must also submit [updated,] certified meeting minutes, current as of the submission of the applicable supplemental information, stating that the authorized organization voted to conduct bingo at the licensed location.

(g) Prior to issuing [the issuance of] a license, the department [Commission] may require an applicant to attend a pre-licensing interview or may perform an inspection under §141.705 (relating to Inspection of Premises).

(1) The department [Commission] will identify one or more individuals [the person or persons for the applicant] who must attend the pre-licensing interview. At the interview, the department will review [The pre-licensing interview will consist of, at a minimum, the following]:

(A) [(1)] Occupations Code, Chapter 2001 [review of the Bingo Enabling Act];

(B) [(2)] the applicable rules in Chapter 141; [review of the Charitable Bingo Administrative Rules;]

(C) [(3)] license holder [licensee] responsibilities;

(D) [(4)] license application types and processing requirements [process pertaining to the different types of license application]; and

(E) [(5)] bingo bookkeeping and record keeping requirements. [as it involves bingo; and]

(2) [(6)] Each individual representing the applicant at the pre-licensing interview must sign a statement [from the person or persons attending the pre-licensing interview] that the individual is [they are] aware of and will comply with the provisions of Occupations Code, Chapter 2001 [the Bingo Enabling Act] and the applicable rules in Chapter 141 [Charitable Bingo Administrative Rules].

(h) The department [Commission] may deny an application based on information obtained during a pre-licensing interview or a premises inspection that indicates the applicant's non-compliance with Occupations Code, Chapter 2001 or the applicable rules in Chapter 141. [the provisions of the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules in connection with a pre-licensing interview and/or location inspection.]

(i) [(j)] A license applicant may withdraw an application at any time prior to the approval or denial of the application by submitting a written request to the department. Once the withdrawal [written] request [for withdrawal] is received by the department, [Commission, all processing of the application will cease and] the withdrawal is considered final and the license fee, if applicable, will be refunded consistent with the provisions of Occupations Code, Chapter 2001. [License application fees for withdrawn license applications will be refunded, as provided for in the Bingo Enabling Act.] The license applicant may reapply for a license by submitting a [If the organization wants to reapply for a license, a complete] new application and [new] license fee, if applicable[, are required].

(j) [(k)] [Voluntary surrender of a license. ]

[(1)] A license holder may cancel its license by completing and submitting the applicable form to the department. [licensee may surrender its license for cancellation provided it has completed and submitted to the Commission the prescribed form.]

(1) [(4)] The license cancellation will be [cancellation of the license shall be final and] effective on the date the license holder notifies the department or on the requested effective date if a future date is requested. [upon receipt by the Charitable Bingo Operations Division of a copy of the resolution, or other authoritative statement of the licensee requesting cancellation of the license and providing a requested effective date.]

(2) [(5)] Notwithstanding cancellation of the license, the license holder [licensee] must file all reports and returns, [reports, returns] and make all prize fee or other payments [remittances] required by law.

(3) [(6)] The license holder must destroy [licensee shall surrender] the license [to the Commission] on or before the effective date of the license cancellation [surrender].

(4) [(7)] The department will notify [Commission will send] the license holder that the license has been cancelled [licensee a letter confirming the surrender and resulting cancellation of the license].

(k) [(l)] [Administrative Hold.] A licensed authorized organization or commercial lessor, other than an association of licensed authorized organizations, may request to place its regular license in administrative hold [at any time].

(1) The [placement of a license in] administrative hold shall be effective on the first day of the license period for which the administrative hold is requested.

(2) The license holder [licensee] shall submit [the license in administrative hold, or] a certified statement that the license is not available, to the department [Commission] no later than seven [(7) calendar] days after the effective date of the [placement of the license in] administrative hold.

(3) Once the license has been placed in administrative hold, all bingo activity such as leasing or conducting bingo [(i.e. leasing, conducting bingo)] must cease until the license holder [licensee] files an amendment and the amended license is issued by the department [Commission] and received by the license holder [licensee]. A licensed authorized organization with its regular license in administrative hold may not conduct bingo under a temporary license.

(4) Notwithstanding placement of the license in administrative hold, the license holder must: [licensee must file with the Commission:]

(A) file with the department all applicable reports and [,] returns; [and remittances required by law; and]

(C) [(B)] submit a timely and complete license renewal application [for renewal of the license each time the license is ripe for renewal].

(5) If at the time of license renewal, a licensed authorized organization does not have a designated bingo playing location, the department will place that license [will be placed] in administrative hold.

(6) Except for licensed commercial lessors subject to Occupations Code, §2001.152(b) [of the Occupation Code], a license may not be in administrative hold for more than 12 [twelve (12)] consecutive quarters.

(7) The fee for a license in administrative hold is set in §141.404(d)(3) (relating to License Classes and Fees) [§402.404(d)(3) of this Chapter].

(8) A license may be removed from administrative hold at any time during a license period. To remove a license from administrative hold, the license holder [licensee] must file a license amendment application as provided in Occupations Code, §2001.306 [of the Occupations Code] and §141.410 (relating to Amendment of a License - General Provisions) [§402.410 of this Chapter].

(l) The department shall obtain a fingerprint-based criminal record history from the Department of Public Safety's criminal history clearinghouse for:

(1) [(m)] each individual [Each person] required to be named in an application for a license under Occupations Code, Chapter 2001, [the Bingo Enabling Act] other than a temporary license under Occupations Code, §2001.103; and [will have a criminal record history inquiry at state and/or national level conducted. Such inquiry may require submission of fingerprint card(s). FBI fingerprint cards are required for an individual listed in an application for a distributor or manufacturer's license and for an individual listed on an application who is not a Texas resident. A criminal record history inquiry at the state and/or national level may be conducted on]

(2) the operator and officer or director required to be named in an application for a [non-regular] temporary license under Occupations Code, §2001.103. [the Bingo Enabling Act.]

(m) [(n)] [Representation; personal receipt of documents. For purposes of this subsection, an individual shall be recognized by the Commission as an applicant or licensee's authorized representative only if the applicant or licensee has filed with the Commission a form prescribed by the Commission identifying the individuals currently listed as directors, officers, or operators, or if they are identified on the completed Authorization of Representation for Bingo Licenses form. A person is not an authorized representative of the applicant or licensee unless specifically named on a form prescribed by the Commission as part of the application, or on the Authorization of Representation for Bingo Licenses form that is on file with the Commission.] Only an individual [those persons specifically] named on an application [a] form prescribed by the department [Commission] or on the "Authorization of Representation for Bingo Licenses" [Authorization of Representation for Bingo Licenses] form as an authorized representative [shall be recognized by the Commission concerning any matter relating to the licensing process or license. Only the applicant or licensee or its authorized representative] may receive [from the Commission] information or documents relating to the application or license from the department without being required to submit a request under Government Code, Chapter 552 [the Public Information Act].

§141.443. Transfer of a [Grandfathered Lessor's] Commercial Lessor License.

(b) The department's [Commission's] approval to transfer a grandfathered commercial lessor's license [Grandfathered Lessor's License from a current license holder] to a new license holder does not transfer the grandfathered leasing rights. [The new license holder's authority under the transferred license shall be subject to the eligibility requirements set forth in Bingo Enabling Act §2001.152(a) (and any successor statute thereto).]

§141.451. Operating Capital.

(a) Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Average unit member operating capital--An amount equal to the allowable retained operating capital of the unit divided by the number of unit members.

(2) Bingo account--A licensed authorized organization's or unit's [The] bingo checking account, bingo savings account, and bingo fund petty cash [if bingo funds, of a licensed authorized organization or unit].

(3) [(4)] Retained operating capital limit--The department-authorized maximum amount of funds that may be retained in the bingo account of a licensed authorized organization or unit. [, which is equal to the organization's or unit's actual quarterly average bingo expenses, excluding prizes paid, for the preceding license period but does not exceed $50,000 per organization.]

(b) Maximum Balance. The bingo account balance of a licensed authorized organization, reconciled to include outstanding checks and deposits in transit, on the last day of each calendar quarter may not exceed the total of:

(1) the organization's or unit's retained operating capital limit;

(2) bingo prize fees [held in the bingo account] to be paid to the department [Commission] and local governments, or to be retained under Occupations Code, [Bingo Enabling Act] §2001.502(b)(3); and

(3) net proceeds from the conduct of bingo for the current quarter.

(c) Reported Balance. [Bingo account funds may be transferred between the bingo checking account, bingo savings account, and petty cash, where applicable.] A licensed authorized organization or unit must include all [All] funds from the bingo checking account, bingo savings account, and bingo petty cash [shall be included] in the bingo account balance reported on the applicable quarterly report on the last day of each calendar quarter, including funds in transit between the various accounts.

(d) Licensed Authorized Organization's Calculations.

(1) The retained operating capital limit for a licensed authorized organization with a regular license will be calculated for each [12-month] period of the license.

(2) The retained operating capital limit for a licensed authorized organization submitting the first renewal of its license to conduct bingo will be calculated based on the quarterly reports for the eight [three (3)] calendar quarters immediately preceding the license start date.

(3) The retained operating capital limit is effective for the eight [four (4)] calendar quarters beginning on the first day of the calendar quarter immediately following the license start date.

(e) Accounting Unit's Calculations.

(1) The retained operating capital limit for an accounting unit will be calculated based on the quarterly reports for the four [(4)] quarter period beginning October 1 through September 30 [of each year].

(2) The retained operating capital limit for an accounting unit is effective from January 1 through December 31 of each year.

(f) Retained Operating Capital Limit.

(1) A licensed authorized organization's or unit's most recent quarterly report information at the time of the calculation will be used to calculate its retained operating capital limit. Prize fees are not included in calculation of operating capital if they are held in escrow for payment [remittance] to the department [commission] or local governments or retained by a licensed organization underOccupations Code, [Bingo Enabling Act] §2001.502(b)(3).

[(g)] [Retained Operating Capital Limits.]

(2) [(1)] The retained operating capital in the bingo account of a licensed authorized organization may not exceed $100,000 [a total of $50,000] for the first year of licensure.

(3) [(2)] The retained operating capital in the bingo account of a newly formed unit may not exceed the total of the retained operating capital limits of all the licensed authorized organizations forming the unit.

(4) [(3)] If a licensed authorized organization joins a unit, the retained operating capital in the unit's bingo account may be increased by an amount that is equal to the average unit member operating capital, not to exceed $100,000 [a total of $50,000].

(5) [(4)] If a licensed authorized organization withdraws from a unit and will no longer utilize unit accounting, its retained operating capital limit will be equal to the average unit member operating capital of the unit prior to withdrawal, not to exceed $100,000 [a total of $50,000].

(6) [(5)] If a unit member withdraws, [Upon withdrawal of a unit member,] the retained operating capital in the bingo account of that [a] unit shall [must] be decreased by an amount [that is] equal to the average unit member operating capital on [by] the last day of the calendar quarter immediately following the unit member's withdrawal date.

§141.453. Request for Operating Capital Increase.

(a) Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Force majeure--An unforeseen event beyond the control of the license holder that makes compliance with Occupations Code, Chapter 2001, or applicable rules in Chapter 141, impossible. An unforeseen event includes: [Some unforeseen event beyond the control of the licensed authorized organization or unit that results in non-compliance with specific sections of the Act or Rules.]

(2) Request to increase [exceed] the operating capital limit--A department form which a licensed authorized organization must complete and submit to request approval [An application to the Bingo Operations Director in accordance with §2001.451(h)(2)(B) and (j) of the Act] to increase the retained operating capital limit for one organization or unit under Occupations Code, §§2001.451(h), 2001.451(j), or 2001.451(k).

(3) Retained operating capital--The amount of operating capital the licensed authorized organization or unit retains in its [the organization's or unit's] bingo account.

(b) Applying for a Request to Increase [Exceed] Operating Capital Limit.

(1) A licensed authorized organization or unit must submit a request [requesting] to increase its operating capital limit to the department [must submit a written request] prior to the end of the quarter for which the increase [in its retained operating capital limit] is being requested.

(2) The retained operating capital limit may not be increased for the purpose of decreasing a licensed authorized organization's or unit's disbursement of net proceeds for charitable purposes.

(3) A request to increase [exceed] the operating capital limit must include the following:

(A) the total amount of retained operating capital requested;

(B) the reason for the request;

(C) the period for the increase; and

(D) if the request is to exceed the $100,000 operating capital limit, one [either] of the following:

(i) a credible business plan; [or]

(iii) [(ii)] [if the request is due to force majeure,] documentation from government or recognized news [outside] sources supporting force majeure or evidence of circumstances beyond the control of the licensed authorized organization. [Examples of acceptable documents include newspaper articles, copies of local ordinance changes, police or fire department reports, notification of road construction, or photographs.]

(4) A credible business plan for the organization's bingo operation must [may] include the following:

(A) the stated charitable donation project goal [of the organization as it applies to the request];

(B) [(C)] a detailed description of the proposed charitable activities for the time period of the request;

(C) [(D)] a cost for the project goal; and

(D) [(E)] the period of time required to accomplish the project goal.

(c) [(d)] The department [Commission] may request additional information or documentation [as needed to consider the request to exceed the operating capital limit].

[(e)] The licensed authorized organization or unit must provide all information or documentation requested by the department [Commission] within 21 [calendar] days [of notice from the Commission]. Failure to provide information or documentation [requested by the Commission] within that [the] time frame [indicated] may result in disapproval of the request.

(d) [(f)] [Criteria for Approval.] The department [Commission] shall consider the following criteria in approving a request to increase [in the approval of requests to exceed] the operating capital limit:

(1) the reason or circumstances beyond the control of the licensed authorized organization [organization, including force majeure,] that necessitates the increase in retained operating capital;

(2) the project goal and eventual charitable use of bingo proceeds as required [applicable to the organization's charitable purposes as defined] in Occupations Code, §2001.454 [of the Act];

(3) the necessity of the project goal;

(4) the amount of net proceeds from the licensed authorized organization's or unit's bingo operations during the past one or more years; and

(5) the length of time the licensed authorized organization has conducted bingo and its compliance history.

(e) [(g)] The department [Within 21 calendar days of receipt of the written request to exceed the operating capital limit and all required attachments and documentation, the Commission] will notify the organization or unit in writing of the decision to approve or disapprove the request within 21 days of receiving the information necessary to evaluate the request.

(f) [(h)] An organization or unit may not increase its retained operating capital until [it is] notified by the department that the request is approved [Commission of the approval of the request].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602761

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER E. BOOKS AND RECORDS

STATUTORY AUTHORITY

The Department proposes amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the Department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes repeals, amendments, and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

§141.514. Electronic Funds [Fund] Transfers.

(a) Electronic Funds Transfer [Fund Transfers]. An electronic funds transfer or EFT is the digital movement of money from one bank account to another. [Electronic fund transfers (EFT) refers to the transfer of funds using a computer system, electronic terminal, telephone, mobile phone, or other non-paper based method that may be used for both credit transfers, such as deposits into an account, and debit transfers, such as deposits into an account, and debit transfers, such as payments from an account.]

(b) Controls Over Electronic Funds [Fund] Transfers.

(1) Licensed authorized organizations or units must [shall] use [for all EFT transactions] the same financial policies, procedures, and controls that govern disbursement by check and the receipt of funds into the bingo bank account for an EFT transaction consistent with the requirements of Occupations Code, §2001.452, §141.505 [(See §2001.452 of the Bingo Enabling Act and §402.505 of this chapter] (relating to Permissible Expense), and §141.506 [§402.506 of this chapter] (relating to Disbursement Records Requirements)[)].

(2) The licensed authorized organization or unit must [shall] implement the following controls for EFT transactions.

(A) Only an authorized person is [person(s) shall be] allowed to execute an EFT transaction on behalf of the organization or unit.

(B) The licensed authorized organization or unit must document in writing a change in a person [shall maintain documentation of approval of changes in the person(s)] authorized to execute an EFT such as through [electronic funds transfers. Documentation may include but is not limited to:] meeting minutes, bank account signature cards, or copies of financial institution applications authorizing online banking. [to the financial institution to authorize individuals access to perform on-line banking in association with the bingo bank account or unit bank account.]

(3) The bingo chairperson, or in the case of an accounting unit, the individual authorized in writing by each unit member's bingo chairperson, and bookkeeper must [shall] review accounting records and bank statements to ensure that only authorized EFTs are executed. Each EFT must [shall] be accounted for when completing monthly bank reconciliations.

(c) Recordkeeping for Electronic Funds Transfers.

(1) EFT receipts into the bingo bank account must [shall] be recorded in the accounting records. At a minimum the organization or unit must record the following information [regarding EFT receipts]:

(A) payer name;

(B) amount paid;

(C) date paid;

(D) purpose of the funds received; and

(E) the EFT confirmation receipt, if provided.

(2) The organization or unit must [shall] maintain in its accounting records a copy of each EFT payment transaction together with the invoice or billing statement. The following information must be maintained supporting the payment:

(A) payee name;

(B) amount paid;

(C) date paid;

(D) account number from which the transfer is made;

(E) nature of payment;

(F) the name of the person executing the EFT transaction on behalf of the organization or unit; and

(G) the EFT confirmation receipt, if provided.

(3) All records relating to electronic fund transfers into or out of the bingo checking account of a licensed authorized organization or unit must be retained for a period of not less than 48 months [four years].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602762

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

STATUTORY AUTHORITY

The Department proposes amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the Department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes repeals, amendments, and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602766

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER G. COMPLIANCE AND ENFORCEMENT

STATUTORY AUTHORITY

The Department proposes amendments and new rules under Occupations Code, §51.203 which authorizes the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department; under Occupations Code, §51.207 which authorizes the Commission to adopt rules to require an applicant or license holder to provide an e-mail address to the Department and to require that any correspondence sent or received by the Department be delivered electronically; under Occupations Code, §51.4011 which authorizes the Commission to adopt rules to allow a license holder to place a license issued by the Department on inactive status by submitting a form before license expiration and paying the required fee; under Occupations Code, §2001.054, which authorizes the Commission to adopt rules to enforce and administer Occupations Code, Chapter 2001; under Occupations Code, §2001.0541, which authorizes the Commission to adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers; under Occupations Code, §2001.057, which authorizes the Commission to adopt rules to govern the operations of the bingo advisory committee; and to prohibit the committee's involvement in committee member selection; under Occupations Code, §2001.215, which authorizes the Commission to adopt rules to require a holder of a manufacturer's or distributor's license to keep records and file reports; and under Occupations Code, §2001.451, which authorizes the Commission to adopt rules to allow a licensed authorized organization to retain an increased amount of operating capital if the organization has conducted bingo for less than one year, has been closed for at least six months, has experienced circumstances beyond the control of the organization which require additional operating capital, or provides a credible business plan that requires additional operating capital.

The Department also proposes amendments under Government Code, §411.0845, which authorizes the Department of Public Safety to maintain an electronic clearinghouse and subscription service for persons entitled to obtain criminal history records and updates; and Government Code, §411.093, which establishes the Department's statutory entitlement to receive criminal history background information on an applicant or holder for a license or registration issued by the Department.

The Department also proposes repeals, amendments, and new rules under Government Code, §2001.004, which requires the Department to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the proposed rules are in Government Code, Chapters 411 and 2001, and Occupations Code, Chapters 51, 52, 53, 55, and 2001. No other statutes, articles, or codes are affected by the proposed rules.

§141.702. Disqualifying Convictions and Criminal History Guidelines.

(a) The department [Commission] shall determine, consistent with the requirements of Occupations Code, Chapters 53 and 2001, [Occupations Code,] whether a criminal conviction affects [convictions affect] the eligibility of an applicant for an original [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 an eligibility determination [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) Occupations Code, §§ 2001.105(b), 2001.154(a), 2001.202, and 2001.207 restrict the eligibility for certain persons to hold a license based on a gambling, gambling-related, or criminal fraud conviction. [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 department considers a disqualifying [Commission deems any] gambling or gambling-related conviction [offense] to be a conviction of an offense under:

(A) [any offense listed in] Penal Code, Chapter 47 [, Gambling];

(B) [the offense of] Penal Code, §71.02(a)(2) [, Engaging in Organized Criminal Activity]; or

(C) the laws of another state, the United States, or a foreign jurisdiction, if the offense contains elements that are substantially similar to the elements of a crime in subparagraph (A) or (B) of this paragraph [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) Except for Class C misdemeanors, the department considers a disqualifying criminal fraud conviction [The Commission deems any offense involving criminal fraud] to be a conviction under [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) the laws of another state, the United States, or a foreign jurisdiction, if the offense contains elements that are substantially similar to the elements of a crime in subparagraph (A), (B), or (C) of this paragraph. [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.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602763

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 344-5392