Section 2001.438 - Agreement Without Unit Manager(a) This section applies to a unit if the unit accounting agreement for the unit: (1) does not state that a unit manager will be responsible for compliance with the rules of the commission and this chapter; or(2) states that the unit will use a designated agent.(b) The unit shall designate with the commission an agent who will be responsible for providing the commission access to all inventory and financial records of the unit on request of the commission.(c) The agent designated under Subsection (b) may not:(1) hold or be listed on another license issued under this chapter, unless the holder of the license is a licensed authorized organization or an association of licensed authorized organizations; or(2) be an owner, officer, or director of a licensed commercial lessor, be employed by a licensed commercial lessor, or be related to a licensed commercial lessor within the second degree by consanguinity or affinity, unless the holder of the license is a licensed authorized organization or an association of licensed authorized organizations.(d) The unit shall immediately notify the commission of any change in the agent designated under Subsection (b).(e) The designated agent must complete the training required by Section 2001.107.(f) Each licensed authorized organization that is a member of the unit shall be jointly and severally liable for: (1) compliance with the requirements of this subchapter and the rules of the commission relating to the filing of required reports; (2) the maintenance of bingo inventory and financial records; and (3) except as provided by Subsection (f-1), the payment of any penalties imposed for a violation of this subchapter or commission rules related to the operations of the unit. (f-1) If a unit demonstrates that a violation of this subchapter or commission rules is wholly attributable to a specific licensed authorized organization member or members of the unit: (1) a penalty for the violation may not be imposed on a unit member to which the violation is not attributable; and (2) the penalty imposed on a unit member to which the violation is attributable may not be in an amount greater than the amount initially assessed against each unit member. (g) Each licensed authorized organization that is a member of the unit may be made a party to any administrative or judicial action relating to the enforcement of this subchapter or the rules of the commission pertaining to the operation of the unit.Tex. Occ. Code § 2001.438
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1132,Sec. 11, eff. 9/1/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 860,Sec. 5, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1255,Sec. 7, eff. 9/1/2015.Added by Acts 2003, 78th Leg., ch. 1114, Sec. 19, eff. 9/1/2003.