SECTION 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.

Source Note: The provisions of this §402.211 adopted to be effective May 7, 2014, 39 TexReg 3588