16 Tex. Admin. Code § 402.211 - Other Games of Chance
(a) Definitions.
(1) Game of chance--A game or contest that
awards a prize and whose outcome is determined, at least in part, by the
element of chance or luck.
(2)
Local law authority--The district attorney's office or county attorney's office
within a particular jurisdiction, or a court of competent
jurisdiction.
(b) Except
as otherwise provided in subsection (c) of this section, a person may not
conduct or allow a game of chance at a bingo premises during a bingo occasion
at the premises.
(c)
Notwithstanding subsection (b) of this section, the following games of chance
may be conducted or allowed during a bingo occasion:
(1) charitable bingo conducted under Chapter
2001 of the Occupations Code;
(2)
door prize game conducted under §
2001.420(c)
of the Occupations Code;
(3)
charitable raffle conducted under Chapter 2002 of the Occupations Code;
and
(4) amusement machines that are
not gambling devices as defined in §
47.01 of the Penal
Code.
(d) The Charitable
Bingo Operations Division will rely on a local law authority in the relevant
jurisdiction to determine whether any particular device, including a device
commonly referred to as a sweepstakes machine, is a gambling device before the
Division pursues a violation of subsection (c)(4) of this section. Under this
subsection, local law authority determinations may include a final criminal
disposition, charging instrument (such as an indictment), or other document
filed with or issued by a court of competent jurisdiction indicating that the
devices at issue qualify as gambling devices.
(e) The Commission may notify the district
attorney's office or county attorney's office within a particular jurisdiction
of the existence of any devices in their jurisdiction to which subsection (d)
of this section may apply.
(f) A
game of chance, other than bingo conducted under Chapter 2001 of the
Occupations Code, a charitable raffle conducted under Chapter 2002 of the
Occupations Code and a door prize game conducted under §
2001.420(c)
of the Occupations Code, may not award bingo equipment, as defined in §
2001.002(5)
of the Occupations Code, or entry into a bingo game as a prize.
(g) A licensed authorized organization must
adequately document in the bingo occasion records all bingo equipment or
entries into a bingo game awarded as prizes for a bingo game, charitable
raffle, or door prize game under subsection (f) of this section.
Notes
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