16 Tex. Admin. Code § 402.326

Current through Register Vol. 49, No. 48, November 29, 2024

Section 402.326 - Card-Minding Systems - Distributor Requirements

(a) Installation. Each distributor that leases, sells, or otherwise furnishes a card-minding system shall install the system based on the manufacturer's approval letter for use in Texas. Each system shall be installed with:

(1) a point of sale, caller station, verifier, and all other software components of the site system as listed in the approval letter;

(2) the software settings as established in the approval letter;

(3) all of the manufacturer requirements and restrictions in place; and

(4) a dedicated modem phone line or internet connectivity.

(b) Before initial use by a licensed authorized organization, each distributor that leases, sells, or otherwise furnishes a card-minding system must provide notice to the Commission in writing on a form prescribed by the Commission, or electronically in a format prescribed by the Commission, that includes the following information:

(1) the modem number or IP address and protocol for remote access;

(2) total number of card-minding devices installed at the bingo premises;

(3) the name of the bingo premises, physical address, telephone number, and licensed commercial lessor's taxpayer identification number, if applicable, where the card-minding system is located;

(4) the expected startup date for use of the card-minding system by the licensed authorized organization;

(5) the name and taxpayer identification number of the licensed authorized organization to whom the card-minding system was sold, leased, or otherwise furnished;

(6) the name and taxpayer identification number of the distributor from whom the card-minding system was leased, purchased, or otherwise obtained;

(7) the name and taxpayer identification number of the manufacturer, model and version number of the card-minding system; and

(8) a certification statement from the manufacturer that the remote connectivity is operating properly.

(c) If a card-minding device is to be used at more than one bingo premises, each bingo premise must have its own separate site system.

(d) Before the complete removal or hardware up-grade of any card-minding system, each distributor must supply one copy of the data files to each licensed authorized organization that utilized the card-minding system and maintain one additional copy for a period of 48 months.

(e) A distributor selling, leasing, or otherwise providing card-minding systems to a licensed authorized organization or another licensed distributor must provide the licensed authorized organization or licensed distributor with an invoice that contains, at a minimum, the following information and must maintain copies of the invoice or documentation for a period of 48 months:

(1) the invoice number;

(2) the date of sale or lease period covered by the invoice;

(3) the manufacturer's name;

(4) the name and version number of the card-minding system;

(5) the quantity of card-minding devices sold or leased; and

(6) the total invoice amount.

(f) The distributor shall serve as the initial contact for the licensed authorized organization with respect to requests for installation, service, maintenance, or repair of card-minding devices and site systems, and for the ordering of the electronic facsimiles of bingo cards to be downloaded to the organization's site system, if applicable. The distributor may, as needed, enlist the aid of the manufacturer in providing service, repair, or maintenance of the card-minding devices or site system.

(g) A distributor may not add to nor remove any software programs related to the conduct of bingo to an approved card-minding system. If the Commission detects or discovers a card-minding system at a bingo premises that is using components or software that were required to have been approved by the Commission but have not been approved, the card-minding system is deemed to have an unauthorized modification.

(h) Upon the Commission's notification to the manufacturer, the manufacturer must immediately disable the system. A distributor may not display, use, or otherwise furnish a card-minding device which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.

16 Tex. Admin. Code § 402.326

The provisions of this §402.326 adopted to be effective July 1, 2012, 37 TexReg 4910