Section 402.335 - Shutter Card Bingo Systems - Licensed Authorized Organization Requirements(a) The licensed authorized organization must ensure that the site system is accessible to the Commission via remote connection at all times.(b) The licensed authorized organization must ensure that the reports for its bingo occasion display the correct licensed authorized organization's name, location name, time, and date.(c) The licensed authorized organization must ensure that the occasion report displays the correct licensed authorized organization's name, location name, date of the bingo occasion, and all other required information contained in Rule § 402.331(12) of this title.(d) Each licensed authorized organization must record all sales of credits, sales of shutter cards, credit refunds, and all prizes awarded.(e) Each licensed authorized organization purchasing, leasing, or otherwise utilizing a shutter card bingo system must maintain a log or other records showing the following: (1) the date the shutter card bingo system was installed or removed; and(2) the name and license number of the distributor from which the shutter card bingo system was purchased, leased or otherwise obtained.(f) If multiple licensed authorized organizations hold an interest in a shutter card bingo system, a single record identifying each licensed authorized organization should be retained on the premises where the shutter card bingo system is utilized.(g) The licensed authorized organization must retain all records and reports relating to the shutter card bingo system's transactions, maintenance, and repairs for a period of forty-eight (48) months for examination by the Commission. Such records shall be kept on the premises where the licensed authorized organization is licensed to conduct bingo, or at a location designated in writing to the Commission by the licensed authorized organization.(h) All shutter card stations must be enabled for play on the premises where the game will be played.(i) After the last game of the bingo occasion has been completed, the licensed authorized organization shall print an occasion report from the site system.(j) The bingo player must be physically present during the game on the premises where the game is actually conducted.(k) A licensed authorized organization may not add to or remove any software program related to the conduct of bingo to an approved shutter card bingo system. If the Commission detects or discovers a shutter card bingo system at a bingo premises that is using components or software that were not approved by the Commission as required, the shutter card bingo system is deemed to have an unauthorized modification.(l) No licensed authorized organization may display, use, or otherwise furnish a shutter card station which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.(m) At the time a player establishes a customer account, the licensed authorized organization must notify the player that any unclaimed balances in the customer account at the end of the occasion will be retained by the organization. Information regarding the retention by the licensed authorized organization of the unclaimed balances in a customer account at the end of an occasion must be included in the information the organization must provide to its players pursuant to § 402.200 of this chapter. Any unclaimed balances retained by the organization under this subsection shall be considered to be funds derived from the conduct of bingo, deposited into the organization's bingo account, and reported as other income. However, any unclaimed balances deposited into the organization's bingo account are restricted to the organization's charitable purposes, as provided by Texas Occupations Code § 2001.453(2) and § 2001.454. (1) For a licensed authorized organization that conducts bingo through a unit created and operated under Texas Occupations Code Chapter 2001, Subchapter I-1, any balances on a customer account may be used by the customer for any bingo occasion conducted on the same day of any of the organizations in the unit on the premises specified in their bingo licenses.(2) For a licensed authorized organization that conducts bingo on consecutive occasions within one 24-hour period, any balances on a customer account may be used by the customer during either occasion.(n) A licensed authorized organization must comply with the requirements in § 402.200(b)(6) of this chapter regarding all bingo equipment malfunctions, including customer accounts on a shutter card bingo system.(o) Each licensed authorized organization must ensure that the shutter card bingo system records the actual selling price of each shutter card sold.(p) A licensed authorized organization shall not pre-sale or add credits to a shutter card station or a player's account prior to the start of an occasion, except as allowed by Rule §402.335(m)(1) and (2) of this section.(q) If the shutter cards are not changed between every occasion, a licensed authorized organization shall not conduct a bingo game using the shutter card bingo system in which a player may have an advantage based on their knowledge of the numbers available on the stations. For example, a game in which any given number is "wild" could be exploited by a player with knowledge of which station has the highest occurrence of that number.(r) The licensed authorized organization must handle deposit refunds in the following manner: (1) The player must present the original receipt which was issued at the time of the deposit of funds;(2) The word "refund" shall be clearly printed on the receipt issued once the refund as occurred;(3) All refund receipts must be attached to the bingo occasion report printed at the end of each bingo occasion and maintained with the records.(s) A licensed authorized organization may not reserve or hold a station for any player.16 Tex. Admin. Code § 402.335
Adopted by Texas Register, Volume 48, Number 09, March 3, 2023, TexReg 1293, eff. 3/8/2023