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Can I collect financial information from participants in Texas? What are the requirements?

Yes, you can collect financial information from participants in Texas, but there are specific requirements that you must comply with depending on the context.

Bingo

Licensed authorized organizations or units conducting bingo in Texas may collect financial information from participants, but they must comply with the Electronic Fund Transfers and General Records Requirements [1.1][1.2][1.3].

  • Electronic Fund Transfers: Organizations must use the same financial policies, procedures, and controls that govern disbursement by check and the receipt of funds into the bingo bank account for all electronic fund transfers (EFT) transactions. Only authorized persons are allowed to execute an EFT transaction on behalf of the organization or unit. The organization must maintain documentation of approval of changes in the person(s) authorized to execute electronic funds transfers. All records relating to electronic fund transfers into or out of the bingo checking account of a licensed authorized organization or unit must be retained for a period of not less than four years [1.3].
  • General Records Requirements: Licensees shall retain for four years all information and records required to be maintained by the Bingo Enabling Act or the Charitable Bingo Administrative Rules [1.1][1.2].

Assistance Programs

It is an offense for a person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of the names of, or any information concerning, persons applying for or receiving assistance if the information is directly or indirectly derived from the records, papers, files, or communications of the commission or department or acquired by employees of the commission or department in the performance of their official duties [2.1][2.3].

Conclusion

Based on the provided documents, licensed authorized organizations or units conducting bingo in Texas may collect financial information from participants, but they must comply with the Electronic Fund Transfers and General Records Requirements. However, collecting financial information from participants in assistance programs is prohibited, except for purposes directly connected with the administration of the assistance programs of the commission or Department of Aging and Disability Services, as applicable [2.1][2.3].

Source(s):
Jurisdiction

Texas