1. (a) Definitions. Unless the context clearly indicates otherwise, words and terms used in this section have the same meanings as used in Texas Occupations Code, Chapters 51 and 2001.

2. (b) Membership.

   1. (1) The Bingo Advisory Committee consists of nine members appointed by the presiding officer of the commission, with the commission's approval, representing a balance of interests including representatives of:

      1. (A) the public;
      2. (B) charities that operate bingo games; and
      3. (C) commercial and charity lessors that participate in the bingo industry.
   2. (2) The advisory committee must not be involved in committee member selection.

3. (c) Eligibility.

   1. (1) If a license is required to hold any of the member positions identified in subsection (b), the license must be issued by the State of Texas and be in and remain in good standing for the balance of the term.
   2. (2) A member must not represent a licensee that is delinquent in payment of any prize fees for which a final jeopardy determination has been made by the department.
   3. (3) 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.
   4. (4) A member must meet the criminal history standards in Texas Occupations Code §§2001.105(b), 2001.154(a)(1), 2001.202(1), and 2001.207(2) and any additional criminal history standards established by the department.
   5. (5) An applicant for membership must provide complete and accurate information on the department's application form.

4. (d) Terms, Vacancies, and Removals.

   1. (1) Members serve staggered six-year terms, with the terms of three members expiring on September 1 of each odd-numbered year. For the first appointments, three members will serve two-year terms, three members will serve four-year terms, and three members will serve six-year terms.
   2. (2) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, will appoint a replacement to fill the unexpired term.
   3. (3) The presiding officer of the commission will appoint one of the advisory committee members to serve as the presiding officer of the advisory committee for a term of two years.
   4. (4) Advisory committee members do not receive compensation or reimbursement for serving as a member.

   5. (5) Advisory committee members serve at the pleasure of the commission. An advisory committee member may be removed from the advisory committee by the presiding officer of the commission, with the commission's approval, on any of the following grounds:

      1. (A) the member does not have at the time of becoming a member of the advisory committee the qualifications required by the law or rule authorizing appointment of the member;
      2. (B) the member does not maintain during service on the advisory committee the qualifications required by the law or rule authorizing appointment of the member;
      3. (C) the member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;
      4. (D) the member is absent from more than half of the regularly scheduled advisory committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory committee; or
      5. (E) the member is unfit to continue serving on the advisory committee.
   6. (6) The validity of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of a member exists.

5. (e) Meetings.

   1. (1) The advisory committee must meet quarterly or at the commission's or department's request.
   2. (2) A quorum of the advisory committee is necessary to conduct official business. A quorum is five members.
   3. (3) Advisory committee actions require a majority vote of those members present and voting.
   4. (4) The presiding officer of the advisory committee may vote on any matter before the advisory committee.
   5. (5) Each meeting of the advisory committee must be open to the public.
   6. (6) The advisory committee may meet by telephone conference call, videoconference, or similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Texas Government Code §551.127(a-3), (b), (c), (e), (f), (h), (i), and (j).

6. (f) Duties. The advisory committee must:

   1. (1) advise the commission and department on the needs and problems of the state's bingo industry;
   2. (2) provide input on rules involving bingo during their development and before final adoption unless an emergency requires immediate action by the commission;
   3. (3) report regularly to the commission and department on the committee's activities;
   4. (4) regularly brief the commission and department on advancements and challenges in this state's bingo industry; and
   5. (5) perform other duties as determined by the commission or department.
7. (g) Texas Government Code, Chapter 2110, does not apply to the Bingo Advisory Committee.

Source Note:The provisions of this §140.2 adopted to be effective December 1, 2025, 50 TexReg 7562.