| [ 6.2.1 - Bingo Operations ] [ 6.2.2 - Bingo & Liability under TUCA ] [ 6.2.3 - Joint Employment of Bingo Employees] |

| [ 6.2.1 - Bingo Operations ] [ 6.2.2 - Bingo & Liability under TUCA ] [ 6.2.3 - Joint Employment of Bingo Employees] |
The Texas Bingo Enabling Act mandates that bingo in Texas can only be operated by an organization licensed by the Texas Lottery Commission and must be a religious society, a nonprofit organization (501(c)(3)), a fraternal organization, a veterans' organization, or a volunteer fire department.
Churches which operate bingo activities are exempt under Section 201.066 of the TUCA. Churches are not permitted to volunteer under Section 201.024 even if their only payroll activity is for bingo operations.
Organizations which operate bingo activities are treated the same as any other employer. The TUCA contains no exemption for organizations operating bingo or their employees. The licensed organization is the employer for TWC purposes and is required by the Texas Lottery Commission to:
Until September 1, 2003, The Texas Bingo Enabling Act required that employers maintain separate tax accounts for each legal entity. The 78th Legislature amended the Bingo Enabling Act as follows:
"Two or more licensed authorized organizations conducting bingo at the same premises may jointly hire bingo employees. One organization may act as the employee's employer and the other organization may reimburse the employing organization for the other organization's share of the employee's compensation and other employment-related costs. A reimbursement under this section is an authorized expense and must be made from the bingo account of the reimbursing organization."
Therefore, when two or more licensed authorized
organizations, which conduct bingo on the same
premises, jointly hire bingo employees they
may be established as a single entity for tax purposes.
If two or more licensed authorized organizations,
which conduct bingo operations on the same premises,
move their employees into a single tax account,
it will be treated as an acquisition.
Total and partial acquisitions of bingo operating
entities will be treated in accordance with established
Status procedures at the time the acquisition occurred.
Any bingo operating entity established under this
procedure that holds a 501(c)(3) exemption will
be provided with the option of being a taxed employer
or a reimbursing employer in accordance with specific
Status procedures.
Non-profit organizations which hold a 501(c)(3)
exemption with IRS must have four or more employees
in twenty weeks or volunteer to be liable for the
state unemployment tax. See Chapter 1 - "New
Accounts 201.023" and "New Accounts 201.024".
Other non-profit organizations must pay gross wages
of $1,500 in a calendar quarter, have one or more
employees in twenty weeks or volunteer to be liable
for the state unemployment tax. See Chapter 1- "New Accounts 201.021" and "New Accounts 201.024".
Churches which operate bingo activities are exempt
under Section 201.066 of the TUCA. Churches are
not permitted to volunteer under Section 201.024
even if their only payroll activity is for bingo
operations.