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