19-R-106 - Authorization for City to Continue to Collect Bingo Prize FeesRESOLUTION NO. 19 -R -106
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY TO CONTINUE TO COLLECT
BINGO PRIZE FEES, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City confirm its intent to continue to collect bingo prize fees; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
continue to collect bingo prize fees.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby confirms its intent to continue to collect bingo
prize fees by taking a record vote as required by House Bill (HB) 914.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section I All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 27th day of August 2019.
CITY OF SCLEKTIZ. TEXAS
R. Carpenter, Mayor
ATTEST:
50234811.1
Texas Lottery Commission
—T E X p SC Commissioners:
01 T T E J. Winston Krause. Chairman
Garr Grief Mark A. Franz • Robert Rivera • Erik C. Saenz Michael R Farrell
Executive Director Director
August 26, 2019
Mayor Michael R Carpenter
City of Schertz
1400 Schertz Pkwy
Schertz, TX 78154 -1673
Dear Mayor Carpenter:
This letter is a follow -up coin.yanication to my letter dated July 17, 2019 and serves as a
reminder of the deadline imposed by the 86th Legislature's House Bill (HB) 914, as well as
providing additional information relating to that bill.
The most immediate matter for your attention is that your local government will only
continue to receive a share of the bingo prize fees collected after Jan. 1, 2020 if it meets the
requirements set forth in HB 914. Your governing body must:
(1) approve the continued receipt of the share of bingo prize fee funds by a majority
vote;
(2) notify the Texas Lottery Commission (TLC) of that decision no later than
Nov. 1, 2019; and
(3) notify each licensed authorized organization within the county's or municipality's
jurisdiction, as applicable, of the continued imposition of the fee.
If a county or municipality has not voted and notified the Commission by Nov. 1, 2019, that
county or municipality will forfeit their right to receive prize fees generated by bingo
permanently.
I have also enclosed the required vote verification notice (attestation form) to be used to notify
TLC of your jurisdiction's status; the Bingo Prize Fee Funds County /Municipality Governing
Body Vote Verification Notice. It is also located on the Charitable Bingo website at:
https://www.txbin.go.or exort/sites/bin �o /Documents / irescribed attestation form. }df
(This is the same form that was enclosed in individual responses to local governments.)
Moreover, the Commission is creating an administrative tool that will allow municipalities and
counties to generate a custom report on licensed, authorized organizations that conduct bingo
occasions in their jurisdictions. This will provide local jurisdictions access to reports that will
provide information on playing locations and organizational contact information. We anticipate
having this tool available by the end of September.
P.O. Box 16630 • Austin. Texas 78761 -6630 • Phone (512) 344 -5000 • FAX (512) 478 -3682 • Bingo FAX (512) 344 -5142
lxlottery.org • txlaingo.org
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Until then, you can access a report containing information on organizations conducting bingo in
your jurisdiction by using the address below to the Charitable Bingo's website and accessing the
Conductor Location/Address report.
https:llbsc.txbingo.org `b splfaceslbsl)PublicRel)orts. j sf; j sessionid=2faMfrxr-
ZtrY4sKeaHMd ZaSIRFa- hL1z7N-VX7ZEfs1JX85EegZD!- 1709348529.
Please note, the information changes regularly, as we process hundreds of licenses each year.
The link provided will allow your organization to access numerous other reports which may be
useful.
Another change effective Jan. 1, 2020 impacts the collection and remittance of prize fees. Local
governments will no longer receive their bingo prize fee payments from TLC at the end of the
fiscal year. After Jan. 1, 2020, licensed organizations conducting bingo in a jurisdiction that has
fulfilled all of the requirements of Section 11 of H.B. 914 will remit to that jurisdiction,
allocations up to 50% of the prize fees the charitable organizations collect payable on a quarterly
basis.
It should also be noted that while precincts may have voted to allow bingo occasions, they are
ineligible to receive any prize fee allocations.
If you have any questions, email us at bingo. services@lottery. state.tx.us, or if you would like to
speak with a Charitable Bingo representative, please call 1- 800 - BINGO -77 (246- 4677), press 1
for English or 2 for Spanish; then press 4 to reach the Bingo Division and press 5 for the
Training and Education Department:
Respectfully,
Michael P. Farrell
Director
Charitable Bingo Operations Division
ENCL: Bingo Prize Fee Funds County /Municipality Governing Body Vote Verification Notice
TEXAS LOTTERY COMMISSION - CHARITABLE BINGO DIVISION
BINGO PRIZE FEE FUNDS
COUNTY /MUNICIPALITY GOVERNING BODY VOTE VERIFICATION
NOTICE
This form serves as the required notice to the Texas Lottery Commission (Commission) that a
county or municipality has fulfilled two of the requirements of House Bill 914, 86th Texas
Legislature (H.B. 914) that are necessary for that county or municipality to continue to receive a
share of bingo prize fees after January 1, 2020. Specifically, Section 11 of H.B. 914 provides:
"(a) a county or municipality may receive a portion of the prize fee ... only if
(1) The county or municipality was entitled to receive a portion of a bingo prize
fee as of January 1, 2019; and
(2) The governing body of the county or municipality:
(A)by majority vote of the members of the governing body approves the
continued receipt of funds under that section and notifies the Texas
Lottery Commission of that decision not later than November 1, 2019; and
(B) notifies each licensed authorized organization within the county's or
municipality's jurisdiction, as applicable, of the continued imposition of
the fee."
Your county /municipality should consult with an attorney if you have any questions about
complying with the provisions of H.B. 914.
This form is only an attestation that certain requirements set forth in H.B. 914 have been
fulfilled.
Accordingly, the undersigned county or municipal representative hereby swears and affirms that:
(1) the county or municipality was entitled to receive a share of a bingo prize fee
as of January 1, 2019; and
(2) the governing body of the county or municipality approved the continued
receipt of the share of bingo prize fee funds by a majority vote.
or Municipality
Signature (Name and Title)
Date
TEXAS LOTTERY COMMISSION - CHARITABLE BINGO DIVISION
BINGO PRIZE FEE FUNDS
COUNTY/MUNICIPALITY GOVERNING BODY VOTE VERIFICATION
NOTICE
State of Texas
County of —�--
This form attesting to the fulfillment of the requirements of B. 914 was acknowledged before
me oiiCj— —/ %y ODI),[-5as t of
(date) (name of representative) (title f resentative)
I
(nami of coulhty or municipality)
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