This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:39 GMT
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Debtor--Any person or entity liable or potentially liable for a charitable bingo related obligation owed to the Commission or against whom a claim or demand for payment has been made.(2) Delinquent--Payment is past due by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(3) Demand letter--A writing mailed to a debtor setting forth the nature and amount of the obligation owed to the Commission and demanding payment of that obligation.(4) Obligation--Any debt, judgment, claim, account, fee, fine, tax, penalty, or interest.(5) OAG--Office of the Attorney General of Texas.(b) Upon a determination by the Charitable Bingo Operations Director, or their designee, that a charitable bingo related obligation to the Commission is delinquent, the Charitable Bingo Operations Director or designee will:(1) Attempt to determine the liability of each individual or entity responsible for the obligation and whether that liability can be established by statute or common law;(2) Transmit demand letters to the debtor(s) in conformance with subsection (c) of this section;(3) To the extent practicable, maintain individual collection histories of each obligation in order to document attempted contacts with the debtor, the substance of communications with the debtor, efforts to locate the debtor and its assets, and other information pertinent to collection of the delinquent obligation; and(4) Utilize warrant hold procedures as provided in subsection (d) of this section.(c) The Commission will generally transmit two demand letters to a debtor's verified address. The first demand letter will be sent no later than 30 days after the obligation becomes delinquent. If the obligation remains uncollected, a second demand letter should be sent no sooner than 30 days, but not more than 60 days, after the first demand letter. However, if the Charitable Bingo Operations Director or their designee determines that the amount of a delinquent obligation is minimal, the Director or designee may delay the transmission of the second demand letter. Demand letters will be mailed in an envelope bearing the notation "Return Service Requested" in conformity with applicable United States Postal Service regulations. If an address correction is provided by the United States Postal Service, the demand letter will be re-sent to the correct address prior to referral to the OAG. The second demand letter will include a statement that the obligation, if not paid, may be referred to the OAG for collection.(d) As authorized in §403.055 of the Government Code, the Commission will utilize the Comptroller of Public Accounts' warrant hold procedures to ensure that no treasury warrants will be issued to a debtor until the delinquent obligation is paid.(e) The Commission will refer uncollected and delinquent obligations to the OAG as provided by this subsection and the OAG's uniform guidelines, which are found at