SECTION 854.42. Duties and Responsibilities of Managers

(a) Managers shall comply with applicable law, the rules contained in this chapter, written agreements with hosts, the BET assignment, the requirements of the BET manual, and instruction by BET staff.

(b) Managers shall comply with procedures prescribed by the Comptroller of Public Accounts for the payment of sales taxes and provide evidence to the Agency of timely sales tax remittances.

(c) Managers shall not engage in conduct that demonstrably jeopardizes the Agency's right, title, and interest in the BET facility, its equipment, or the lease or agreement with the property managers.

(d) While managing or present at their assigned BET facility, managers shall dress and act in an appropriate manner consistent with the environment in which they are operating, health and safety regulations, and anti-discrimination provisions under §854.11(h) of this title (relating to General Policies).

(e) Managers shall open a commercial business account in which they maintain sufficient funds to operate the BET facility.

(f) Managers shall hire sufficient employees to ensure the efficient operation of the BET facility and to provide satisfactory service to customers. If the facility is remodeled or if operational areas change, the manager must have sufficient employees on hand for the necessary shutdown and reopen cleanup.

(g) Managers shall be actively engaged in the management of a BET facility and be actively working the number of hours necessary to achieve satisfactory operation of the facility. With prior notice from the Agency, managers shall be available for all necessary visits to the facilities for advice, consultation, and inspections of the facility. If the business is closed for remodel or improvement, the manager shall be available for the opening, closing, and overall security of the business and assets.

(h) Managers shall take appropriate actions to correct deficiencies noted on BET facility audits or reviews within seven business days.

(i) Managers shall provide satisfactory service to the BET facility host and customers.

(j) Managers shall notify the Agency in advance if they intend to be absent from their assigned facility for more than two days.

(k) Managers shall provide BET staff with the following information and shall notify BET staff of changes to any item no more than 10 business days after a change occurs:

(1) the BET facility telephone number;

(2) a mailing address and an e-mail address;

(3) a phone number for use in emergencies; and

(4) the manager's preferred accessibility format.

(l) Managers are accountable to the Agency for the proceeds of the business.

(m) Managers shall keep all records supporting the monthly facility report for three calendar years.

(n) Managers shall report the actual value of resale inventory by taking a physical count in the facility each month and submitting a written quarterly inventory (March, June, September, and December) with the monthly facility report.

(o) Managers, upon request by the Agency, shall make available all records pertinent to the facilities to which they have been assigned for audit or review. Any materials removed from the facility will be returned within 90 business days, unless evidence needs to be preserved. Copies of preserved evidence will be supplied by the Agency to the manager within 90 business days.

(p) Managers shall maintain liability insurance coverage sufficient to indemnify the Agency if Agency funding is not available or insufficient for such purposes.

Source Note: The provisions of this §854.42 adopted to be effective September 1, 2019, 44 TexReg 3294; amended to be effective July 4, 2022, 47 TexReg 3823