(a) What is the purpose of the Bingo Advisory Committee (BAC)?

(1) The purpose of the BAC is to: (A) advise the Commission on the needs and problems of the state's bingo industry; (B) report the activities of the BAC to the Commission; and (C) perform other duties as directed by the Commission.

(2) The BAC's sole duty is to advise the Commission.

(3) The BAC has no executive or administrative powers or duties with respect to the operations of the Charitable Bingo Operations Division.

(b) What is the composition of the Bingo Advisory Committee?

(1) The Commission may appoint nine persons as members of the BAC.

(2) The Commission must appoint members to represent the following interest groups: (A) the public; (B) conductors that are not licensed commercial lessors; (C) conductors that are licensed commercial lessors; (D) commercial lessors; (E) licensed manufacturers; and (F) licensed distributors.

(3) If there is not an individual to represent one of the required interest groups, the Commission may appoint a member from the remaining interest groups.

(c) What are the minimum eligibility requirements to serve on the BAC?

(1) A member may not represent a licensee that is delinquent in payment of any prize fees for which a final jeopardy determination has been made by the Commission.

(2) A member representing the public may not be an individual who is required by statute to be listed on a conductor, commercial lessor, manufacturer, or distributor license application.

(3) A member must meet the criminal history standards in Bingo Enabling Act Sections 2001.105(b), 2001.154(a)(1), 2001.202(1), and 2001.207(1).

(4) A nominee for membership must provide complete and accurate information on the nomination form.

(d) How are members nominated to serve on the BAC?

(1) Individuals may submit a nomination form during the nomination period determined by the Commission.

(2) Nomination forms are available from the Charitable Bingo Operations Division or the Commission's website.

(e) What is the appointment process?

(1) Commission staff verifies eligibility and qualifications of nominees and sends all nominations that meet minimum requirements to each Commissioner.

(2) Each Commissioner may interview those nominees.

(3) The BAC may be a resource to the Commission by reviewing nominations, interviewing prospective members, and submitting its recommendations to the Commissioners for consideration. However, the BAC will not act to exclude nominees.

(4) The Commissioners shall appoint a nominee based on a review of the nomination form and/or interview.

(f) How long may members serve on the BAC?

(1) The Commission appoints each member to serve for a one-year term or until the Commission appoints a successor.

(2) Each member serves at the pleasure of the Commission.

(g) May a BAC member be removed from the BAC before the member's term has expired? The Commission may remove a member at any time without cause.

(h) When and where does the BAC meet?

(1) The BAC may meet quarterly or more frequently at the Commission's request.

(2) BAC meetings must be held at the Commission headquarters in Austin, Texas; provided that, meetings may be held at a location in Texas other than Austin, subject to the discretion of the Commission and BAC presiding officer.

(i) Who conducts the BAC meeting?

(1) The BAC must annually select a presiding officer to conduct meetings and general business.

(2) The presiding officer must designate a member of the BAC to conduct meetings and general business in the presiding officer’s absence.

(j) Are BAC meetings open to the public? Yes. The BAC must publish notice of a BAC meeting at least 10 full days prior to the date of the meeting. The meeting notice shall include the time, day, and location of the meeting as well as the agenda items. The BAC presiding officer shall request the Commission, through Commission staff, post the notice on the Commission’s website.

(k) May a member send a substitute person or proxy vote to a BAC meeting? A member may not send a substitute person or proxy vote to a meeting.

(l) Are minutes kept of BAC meetings?

(1) The BAC must keep minutes of each meeting reflecting all formal action taken.

(2) The BAC may consider a transcript prepared by a court reporter to be the minutes of the meeting. The Commission will provide a court reporter (or transcript service if a court reporter is not available) to prepare a transcript of each BAC meeting.

(3) The BAC must approve the minutes at its next meeting, and file the approved minutes with the Charitable Bingo Operations Division Director, who shall post the approved minutes on the Commission’s website.

(m) What is the BAC's annual workplan?

(1) The workplan will contain items that the Commission determines.

(2) The BAC may submit to the Commission for their consideration and approval additional items for the workplan that are relevant to the state of the bingo industry.

(n) What are the BAC's reporting requirements?

(1) The BAC must report their activities quarterly to the Commission, although the Commission may require reporting more frequently.

(2) The BAC will report annually to the Commission the BAC's perspective on the state of the charitable bingo industry in Texas with specific comments on the following: (A) adjusted gross receipts; (B) net receipts; (C) charitable distributions; (D) expenses; (E) attendance; and (F) any other matter requested by the Commission.

(3) At the first Commission meeting held prior to September 1 each year, the BAC will provide to the Commission a report of its activities as they relate to the workplan approved by the Commission the previous year.

(o) When does the BAC cease to exist? The BAC will cease to exist annually on August 31, unless the Commission, prior to August 31, votes to continue the BAC.

Source Note: The provisions of this §402.102 adopted to be effective September 13, 2007, 32 TexReg 6150; amended to be effective January 28, 2010, 35 TexReg 478; amended to be effective July 12, 2018, 43 TexReg 4551