(a) A shutter card bingo system must not be sold, leased, or otherwise furnished to any person for use in the conduct of bingo until it has first been tested and certified as compliant with the standards in this subchapter by an independent testing facility or the Commission's own testing lab, as applicable. The shutter card bingo system shall be submitted for testing at the manufacturer's expense. The testing facility should be required to ensure that the shutter card bingo system conforms to the restrictions and conditions set forth in these standards. The approval process is set forth in subsections (b)-(e) of this section.
(b) Utilizing an Independent Testing Facility:
  (1) Manufacturer submits system to lab with letter outlining the shutter card bingo system to be tested for approval in Texas;
  (2) Lab performs validation testing to ensure compliance with the Commission's requirements. Testing may include functional testing and/or modification testing, if applicable;
  (3) Lab creates certification report which includes file verification methodology, software/firmware signatures (checksum), and testing results;
  (4) Manufacturer submits approval request with certification report to the Commission;
  (5) Once the Commission has received the certification report from the independent testing facility, the Commission may request a demonstration of the product; and
  (6) The Commission shall either approve or disapprove the submission based on the test results and inform the manufacturer and lab of the results within thirty (30) calendar days of receipt of the test results.
(c) After the Commission approves a shutter card bingo system, the manufacturer shall notify the Commission of the date, time and place of the first installation of the system so that a Commission representative may observe and review the shutter card bingo system.
(d) Checksum or digital signatures will be obtained from the proprietary software submitted for testing to be used to verify that proprietary software at playing locations is the same as the software that was approved.
(e) The decision by the director to approve or disapprove any component of a shutter card bingo is administratively final.
(f) The manufacturer shall be responsible for the costs related to the testing of shutter card bingo system to include the fees charged by independent testing facilities.
(g) The manufacturer shall be responsible for the travel costs incurred by the Commission to audit the initial installation of a shutter card bingo system in the state of Texas.
(h) Any subsequent changes or modifications to an approved shutter card bingo system require compliance with this section and must be re-submitted to the Commission for approval prior to use.

Source Note: The provisions of this §402.334 adopted to be effective March 8, 2023, 48 TexReg 1293