Texas 2009 - 81st Regular

Texas House Bill HB2325 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R9842 BEF-D
2	2	By: Raymond H.B. No. 2325
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local option elections to legalize or prohibit the
8	8	operation of eight-liners and imposing a fee on eight-liner owners;
9	9	providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 17, Election Code, is amended by adding
12	12	Chapter 502 to read as follows:
13	13	CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 502.001. DEFINITION. In this chapter, "eight-liner"
16	16	has the meaning assigned by Section 47.01, Penal Code.
17	17	[Sections 502.002-502.020 reserved for expansion]
18	18	SUBCHAPTER B. MANNER OF CALLING ELECTION
19	19	Sec. 502.021. ELECTION TO BE HELD. On proper petition by
20	20	the required number of voters of a county, justice precinct, or
21	21	municipality in the county, the commissioners court shall order a
22	22	local option election in that political subdivision to determine
23	23	whether the operation of eight-liners shall be legalized or
24	24	prohibited in the political subdivision.
25	25	Sec. 502.022. QUALIFICATIONS FOR NEW POLITICAL SUBDIVISION
26	26	TO HOLD ELECTION. A political subdivision must have been in
27	27	existence for at least 18 months before a local option election to
28	28	legalize or prohibit the operation of eight-liners in the political
29	29	subdivision may be held.
30	30	Sec. 502.023. APPLICATION FOR PETITION. (a) On written
31	31	application of 10 or more qualified voters of any county, justice
32	32	precinct, or municipality that includes proof of publication of the
33	33	application in a newspaper of general circulation in that political
34	34	subdivision not earlier than the 30th day before the date the
35	35	petition is filed, the county clerk of the county shall issue to the
36	36	applicants a petition to be circulated among the qualified voters
37	37	of the political subdivision for the signatures of the qualified
38	38	voters requesting that a local option election be called to
39	39	determine whether the operation of eight-liners shall be legalized
40	40	or prohibited in the political subdivision.
41	41	(b) Not later than the fifth day after the date the petition
42	42	is issued, the county clerk shall notify the secretary of state that
43	43	the petition has been issued.
44	44	Sec. 502.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION
45	45	FOR PETITION TO LEGALIZE. (a) An application for a petition
46	46	seeking an election to legalize the operation of eight-liners must
47	47	include the heading: "Application for Local Option Election
48	48	Petition to Legalize the Operation of Eight-liners."
49	49	(b) The application must contain the following statement of
50	50	the issue to be voted on, immediately preceding the signatures of
51	51	the applicants: "It is the purpose and intent of the applicants
52	52	whose signatures appear on this application to legalize the
53	53	operation of eight-liners in (name of political subdivision)."
54	54	Sec. 502.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION
55	55	FOR PETITION TO PROHIBIT. (a) An application for a petition
56	56	seeking an election to prohibit the operation of eight-liners must
57	57	include the heading: "Application for Local Option Election
58	58	Petition to Prohibit the Operation of Eight-liners."
59	59	(b) The application must contain the following statement of
60	60	the issue to be voted on, immediately preceding the signatures of
61	61	the applicants: "It is the purpose and intent of the applicants
62	62	whose signatures appear on this application to prohibit the
63	63	operation of eight-liners in (name of political subdivision)."
64	64	Sec. 502.026. PETITION REQUIREMENTS. A petition must
65	65	include the date the petition is issued by the county clerk and be
66	66	serially numbered. Each page of the petition must bear the same
67	67	date and serial number and the actual seal of the county clerk
68	68	rather than a facsimile of that seal.
69	69	Sec. 502.027. HEADING AND STATEMENT ON PETITION TO
70	70	LEGALIZE. (a) Each page of the petition for a local option
71	71	election seeking to legalize the operation of eight-liners must
72	72	include the heading: "Petition for Local Option Election to
73	73	Legalize the Operation of Eight-liners."
74	74	(b) The petition must contain the following statement of the
75	75	issue to be voted on, immediately preceding the signatures of the
76	76	petitioners: "It is the purpose and intent of the petitioners whose
77	77	signatures appear on this petition to legalize the operation of
78	78	eight-liners in (name of political subdivision)."
79	79	Sec. 502.028. HEADING AND STATEMENT ON PETITION TO
80	80	PROHIBIT. (a) Each page of the petition for a local option
81	81	election seeking to prohibit the operation of eight-liners must
82	82	include the heading: "Petition for Local Option Election to
83	83	Prohibit the Operation of Eight-liners."
84	84	(b) The petition must contain the following statement of the
85	85	issue to be voted on, immediately preceding the signatures of the
86	86	petitioners: "It is the purpose and intent of the petitioners whose
87	87	signatures appear on this petition to prohibit the operation of
88	88	eight-liners in (name of political subdivision)."
89	89	Sec. 502.029. OFFENSE: MISREPRESENTATION OF PETITION. (a)
90	90	A person commits an offense if the person misrepresents the purpose
91	91	or effect of a petition issued under this chapter.
92	92	(b) An offense under this section is a Class B misdemeanor.
93	93	Sec. 502.030. COPIES OF PETITION. (a) The county clerk
94	94	shall provide the number of copies of the petition required by the
95	95	applicants provided the number of pages does not exceed one page for
96	96	every 10 registered voters in the county, justice precinct, or
97	97	municipality. Each copy must bear the date, number, and seal on
98	98	each page as required on the original petition.
99	99	(b) The county clerk shall keep a copy of each petition and a
100	100	record of the applicants for the petition.
101	101	Sec. 502.031. VERIFICATION OF PETITION. (a) The voter
102	102	registrar of the county shall check the names of the signers of
103	103	petitions and the voting precincts in which the signers reside to
104	104	determine whether the signers were qualified voters of the county,
105	105	justice precinct, or municipality at the time the petition was
106	106	issued. The registrar may use a statistical sampling method to
107	107	verify the signatures, except that on written request from a
108	108	citizen of the political subdivision for which an election is
109	109	sought, the registrar shall verify each signature on the petition.
110	110	The citizen requesting the verification shall pay the reasonable
111	111	cost of the verification. The registrar shall certify to the
112	112	commissioners court the number of qualified voters signing the
113	113	petition.
114	114	(b) A petition signature may not be counted unless:
115	115	(1) the signature is the actual signature of the
116	116	purported signer;
117	117	(2) the petition contains in addition to the
118	118	signature:
119	119	(A) the signer's printed name;
120	120	(B) the signer's date of birth;
121	121	(C) if the territory from which signatures must
122	122	be obtained is situated in more than one county, the county of
123	123	registration;
124	124	(D) the signer's residence address; and
125	125	(E) the date of signing; and
126	126	(3) the petition complies with any other applicable
127	127	requirements prescribed by law.
128	128	(c) The use of ditto marks or abbreviations does not
129	129	invalidate a signature if the required information is reasonably
130	130	ascertainable.
131	131	(d) The omission of the state from the signer's residence
132	132	address does not invalidate a signature unless the political
133	133	subdivision from which the signature is obtained is situated in
134	134	more than one state. The omission of the zip code from the address
135	135	does not invalidate a signature.
136	136	(e) The signature is the only entry on the petition that is
137	137	required to be in the signer's handwriting.
138	138	(f) A signer may withdraw the signer's signature by deleting
139	139	the signature from the petition or by filing with the voter
140	140	registrar an affidavit requesting that the signature be withdrawn
141	141	from the petition. A signer may not withdraw the signature from a
142	142	petition on or after the date the petition is received by the
143	143	registrar. A withdrawal affidavit filed by mail is considered to be
144	144	filed at the time of its receipt by the registrar. The withdrawal
145	145	of a signature nullifies the signature on the petition and places
146	146	the signer in the same position as if the signer had not signed the
147	147	petition.
148	148	Sec. 502.032. REQUIREMENTS TO ORDER ELECTION. (a) The
149	149	commissioners court, at its next regular session on or after the
150	150	30th day after the date the petition is filed, shall order a local
151	151	option election to be held on the issue set out in a petition that
152	152	complies with the requirements of Subsection (b).
153	153	(b) The petition must:
154	154	(1) be filed with the voter registrar not later than
155	155	the 60th day after the date the petition is issued; and
156	156	(2) bear the signatures of a number of qualified
157	157	voters of the political subdivision equal to at least 35 percent of
158	158	the registered voters in the subdivision who voted in the most
159	159	recent gubernatorial election.
160	160	(c) A voter whose name appears on the list of registered
161	161	voters with the notation "S," or a similar notation, shall be
162	162	excluded from the computation of the number of registered voters of
163	163	a particular territory.
164	164	Sec. 502.033. RECORD IN MINUTES. The commissioners court
165	165	shall enter in its minutes the date a petition is presented, the
166	166	names of the signers, and the action taken with respect to the
167	167	petition.
168	168	Sec. 502.034. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
169	169	The election order must state in its heading and text whether the
170	170	local option election to be held is for the purpose of legalizing or
171	171	prohibiting the operation of eight-liners as set out in the issue
172	172	recited in the application and petition.
173	173	(b) The order must state the issue to be voted on in the
174	174	election.
175	175	Sec. 502.035. BALLOT. The ballot in an election to legalize
176	176	or prohibit the operation of eight-liners shall be prepared to
177	177	permit voting for or against "The legal operation of eight-liners
178	178	in (name of political subdivision)."
179	179	Sec. 502.036. EVIDENCE OF VALIDITY. The commissioners
180	180	court election order is prima facie evidence of compliance with all
181	181	provisions necessary to give the order validity or to give the
182	182	commissioners court jurisdiction to make the order valid.
183	183	Sec. 502.037. FREQUENCY OF ELECTIONS. A local option
184	184	election on a particular issue may not be held in a political
185	185	subdivision until after the first anniversary of the date of the
186	186	most recent local option election in that political subdivision on
187	187	that issue.
188	188	[Sections 502.038-502.100 reserved for expansion]
189	189	SUBCHAPTER C. HOLDING OF ELECTION
190	190	Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
191	191	provided by this chapter, the officers holding a local option
192	192	election shall hold the election in the manner provided by this
193	193	code.
194	194	Sec. 502.102. ELECTION PRECINCTS. (a) County election
195	195	precincts shall be used for a local option election to be held in an
196	196	entire county or in a justice precinct.
197	197	(b) Election precincts established by the governing body of
198	198	the municipality for its municipal elections shall be used for a
199	199	local option election to be held in a municipality. If the
200	200	governing body has not established precincts for its municipal
201	201	elections, the commissioners court shall prescribe the election
202	202	precincts for the local option election under the law governing
203	203	establishment of precincts for municipal elections.
204	204	Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
205	205	appear on the ballot for an election ordered by the commissioners
206	206	court must be the same as the issue applied for and set out in the
207	207	petition.
208	208	(b) The ballot must include the language required under
209	209	Section 502.035.
210	210	Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
211	211	county shall pay the expense of holding a local option election
212	212	authorized by this chapter in the county, justice precinct, or
213	213	municipality in that county except that:
214	214	(1) if an election is to be held only within the
215	215	corporate limits of a municipality located wholly within the
216	216	county, the county may require the municipality to reimburse the
217	217	county for all or part of the expenses of holding the local option
218	218	election;
219	219	(2) county payment of the expense of an election to
220	220	legalize the operation of eight-liners is limited to the holding of
221	221	one election in a political subdivision during a one-year period;
222	222	and
223	223	(3) county payment of the expense of an election to
224	224	prohibit the operation of eight-liners is limited to the holding of
225	225	one election in a political subdivision during a one-year period.
226	226	Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
227	227	OFFENSE. (a) If a county is not required to pay the expense of a
228	228	local option election under Section 502.104, the county clerk shall
229	229	require the applicants for a petition for a local option election to
230	230	make a deposit before the issuance of the petition.
231	231	(b) The deposit must be in the form of a cashier's check in
232	232	an amount equal to 25 cents per voter listed on the current list of
233	233	registered voters residing in the county, justice precinct, or
234	234	municipality where the election is to be held.
235	235	(c) The money received shall be deposited in the county's
236	236	general fund. A refund may not be made to the applicants regardless
237	237	of whether the petition is returned to the county clerk or the
238	238	election is ordered.
239	239	(d) The county clerk may not issue a petition to the
240	240	applicants unless a deposit required by this chapter is made.
241	241	(e) A person who violates Subsection (d) commits an offense.
242	242	An offense under this subsection is a misdemeanor punishable by:
243	243	(1) a fine of not less than $200 nor more than $500;
244	244	(2) confinement in the county jail for not more than 30
245	245	days; or
246	246	(3) both the fine and confinement.
247	247	Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a)
248	248	This section applies only to an election to legalize or prohibit the
249	249	operation of eight-liners in a municipality that is located in more
250	250	than one county.
251	251	(b) An election to which this section applies shall be
252	252	conducted by the municipality instead of the counties. For the
253	253	purposes of an election conducted under this section, a reference
254	254	in this chapter to:
255	255	(1) the county is considered to refer to the
256	256	municipality;
257	257	(2) the commissioners court is considered to refer to
258	258	the governing body of the municipality;
259	259	(3) the county clerk or voter registrar is considered
260	260	to refer to the secretary of the municipality or, if the
261	261	municipality does not have a secretary, to the person performing
262	262	the functions of a secretary of the municipality; and
263	263	(4) the county judge is considered to refer to the
264	264	mayor of the municipality or, if the municipality does not have a
265	265	mayor, to the presiding officer of the governing body of the
266	266	municipality.
267	267	(c) The municipality shall pay the expense of the election.
268	268	(d) An action to contest the election under Section 502.155
269	269	may be brought in the district court of any county in which the
270	270	municipality is located.
271	271	[Sections 502.107-502.150 reserved for expansion]
272	272	SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
273	273	Sec. 502.151. DECLARATION OF RESULT. (a) On completing the
274	274	canvass of the election returns, the commissioners court shall make
275	275	an order declaring the result and cause the clerk of the
276	276	commissioners court to record the order as provided by law.
277	277	(b) In a legalization election, if a majority of the votes
278	278	cast favor the issue "the legal operation of eight-liners" in the
279	279	political subdivision, the operation of eight-liners within the
280	280	boundaries of the political subdivision is legal on the entering of
281	281	the court's order. The legalization remains in effect until
282	282	changed by a subsequent local option election held under this code.
283	283	(c) In a prohibitory election, if a majority of the votes
284	284	cast do not favor the issue "the legal operation of eight-liners" in
285	285	the political subdivision, the court's order must state that the
286	286	operation of eight-liners within the boundaries of the political
287	287	subdivision is prohibited effective on the 30th day after the date
288	288	the order is entered. The prohibition remains in effect until
289	289	changed by a subsequent local option election held under this
290	290	chapter.
291	291	(d) The local option status of a political subdivision does
292	292	not change as a result of the election if:
293	293	(1) in an election described by Subsection (c), less
294	294	than a majority of the votes cast do not favor the issue; and
295	295	(2) in an election described by Subsection (b), less
296	296	than a majority of the votes cast favor the issue.
297	297	Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
298	298	commissioners court declaring the result of the election is prima
299	299	facie evidence that all provisions of law have been complied with in
300	300	giving notice of and holding the election, counting and returning
301	301	the votes, and declaring the result of the election.
302	302	Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
303	303	third day after the date the result of a local option election has
304	304	been declared, the county clerk shall certify the result to the
305	305	secretary of state. The clerk may not charge a fee for this
306	306	service.
307	307	Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
308	308	commissioners court order declaring the result of a local option
309	309	election and prohibiting the operation of eight-liners within the
310	310	boundaries of a political subdivision must be published by posting
311	311	the order at three public places in the county or other political
312	312	subdivision in which the election was held.
313	313	(b) The posting of the order shall be recorded in the
314	314	minutes of the commissioners court by the county judge. The entry
315	315	in the minutes or a copy certified under the hand and seal of the
316	316	county clerk is prima facie evidence of the posting.
317	317	Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
318	318	local option laws in the political subdivision in which an election
319	319	is being contested is not suspended during an election contest.
320	320	(b) The result of an election contest finally settles all
321	321	questions relating to the validity of that election. A person may
322	322	not call the legality of that election into question again in any
323	323	other suit or proceeding.
324	324	(c) If an election contest is not timely instituted, it is
325	325	conclusively presumed that the election is valid and binding in all
326	326	respects on all courts.
327	327	[Sections 502.156-502.200 reserved for expansion]
328	328	SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
329	329	Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
330	330	criminal prosecution, all trial courts of this state shall take
331	331	judicial notice of whether the operation of eight-liners is legal
332	332	or prohibited in an area.
333	333	(b) In an information, complaint, or indictment, an
334	334	allegation that the operation of eight-liners is prohibited in an
335	335	area is sufficient, but a different status of the area may be urged
336	336	and proved as a defense.
337	337	Sec. 502.202. CHANGE OF STATUS. Except as provided in
338	338	Section 502.203, an authorized voting unit that has exercised or
339	339	may exercise the right of local option retains the status adopted
340	340	until that status is changed by a subsequent local option election
341	341	in the same authorized voting unit.
342	342	Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
343	343	To ensure that each voter has the maximum possible control over the
344	344	status of the operation of eight-liners in the area where the voter
345	345	resides:
346	346	(1) the status that resulted from or is the result of a
347	347	duly called election for a municipality prevails against the status
348	348	that resulted from or is the result of an election in a justice
349	349	precinct or county in which the municipality or any part of the
350	350	municipality is contained; and
351	351	(2) the status that resulted from or is the result of
352	352	an election for a justice precinct prevails against the status that
353	353	resulted from or is the result of an election in a municipality in
354	354	which the justice precinct is wholly contained or in a county in
355	355	which the justice precinct is located.
356	356	Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
357	357	local option status is in effect as the result of the vote in a
358	358	justice precinct, the status shall remain in effect until the
359	359	status is changed as the result of a vote in the same territory that
360	360	constituted the precinct when the status was established. If the
361	361	boundaries of the justice precinct have changed since the status
362	362	was established, the commissioners court shall, for purposes of a
363	363	local option election, define the boundaries of the original
364	364	precinct. A local option election may be held within the territory
365	365	defined by the commissioners court as constituting the original
366	366	precinct.
367	367	(b) Nothing in this section is intended to affect the
368	368	operation of Section 502.203.
369	369	(c) Section 502.104, relating to the payment of local option
370	370	election expenses, applies to elections held in a territory that is
371	371	defined in accordance with Subsection (a).
372	372	SECTION 2. Section 2153.002, Occupations Code, is amended
373	373	by amending Subdivision (1) and adding Subdivision (2-a) to read as
374	374	follows:
375	375	(1) "Coin-operated machine" means any kind of machine
376	376	or device operated by or with a coin or other United States
377	377	currency, metal slug, token, electronic card, or check, including a
378	378	music or skill or pleasure coin-operated machine. The term does not
379	379	include an eight-liner.
380	380	(2-a) "Eight-liner" has the meaning assigned by
381	381	Section 47.01, Penal Code.
382	382	SECTION 3. Chapter 2153, Occupations Code, is amended by
383	383	adding Subchapter K to read as follows:
384	384	SUBCHAPTER K. FEE ON EIGHT-LINERS
385	385	Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
386	386	each eight-liner that an owner exhibits or displays, or permits to
387	387	be exhibited or displayed in this state.
388	388	(b) The amount of the fee is $250 per year.
389	389	Sec. 2153.502. EXEMPTION. The fee imposed under this
390	390	subchapter does not apply to an owner of an eight-liner if the owner
391	391	possesses the eight-liner for resale only.
392	392	Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
393	393	first exhibited or displayed in this state after March 31 is
394	394	one-fourth of the amount imposed under Section 2153.501 for each
395	395	quarter or partial quarter of the calendar year remaining after the
396	396	date the owner first exhibits or displays the eight-liner.
397	397	Sec. 2153.504. COLLECTION. (a) The comptroller shall
398	398	collect the fee.
399	399	(b) In collecting the fee, the comptroller may:
400	400	(1) collect the fee on a quarterly basis;
401	401	(2) establish procedures for quarterly collection of
402	402	the fee; and
403	403	(3) establish dates on which the fee payment is due.
404	404	(c) An owner required to pay a fee under this section shall
405	405	pay the fee to the comptroller by cashier's check or money order.
406	406	Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller
407	407	shall deposit 30 percent of each fee collected under this
408	408	subchapter to the credit of the general revenue fund.
409	409	(b) For an eight-liner located in a municipality, the
410	410	comptroller shall remit 70 percent of the fee collected under this
411	411	subchapter to the municipality in which the eight-liner is located.
412	412	(c) For an eight-liner located outside a municipality, the
413	413	comptroller shall remit 70 percent of the fee collected under this
414	414	subchapter to the county in which the eight-liner is located.
415	415	(d) The comptroller shall remit fee revenue to a
416	416	municipality or county under this section as soon as feasible after
417	417	collecting the fee.
418	418	Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller
419	419	may not refund or assign credit for the fee imposed under this
420	420	subchapter to an owner who ceases to exhibit or display an
421	421	eight-liner before the end of the calendar year for which the fee is
422	422	imposed.
423	423	Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue
424	424	a fee permit to an owner who pays the fee.
425	425	(b) The comptroller may issue a duplicate fee permit to an
426	426	owner if the owner's fee permit is lost, stolen, or destroyed. The
427	427	fee for a duplicate permit is $5.
428	428	(c) A fee permit shall be securely attached to the
429	429	eight-liner for which the permit is issued in a manner that requires
430	430	the continued application of steam and water to remove the permit.
431	431	Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title
432	432	2, Tax Code, applies to the administration, collection, and
433	433	enforcement of taxes, penalties, and interest under this
434	434	subchapter.
435	435	SECTION 4. Section 47.01, Penal Code, is amended by adding
436	436	Subdivision (5-a) to read as follows:
437	437	(5-a) "Eight-liner" means an electronic device
438	438	capable of simulating the play of a traditional mechanical slot
439	439	machine or one-armed bandit, regardless of the number of lines of
440	440	play, that for the payment of consideration affords a player of the
441	441	device an opportunity to win a prize based solely or partially on
442	442	chance, if the prize from a single play of the game consists of:
443	443	(A) cash in an amount of $500 or less; or
444	444	(B) noncash merchandise, or a representation of
445	445	value redeemable for noncash merchandise, that has a wholesale
446	446	value of $500 or less.
447	447	SECTION 5. Section 47.02(c), Penal Code, is amended to read
448	448	as follows:
449	449	(c) It is a defense to prosecution under this section that
450	450	the actor reasonably believed that the conduct:
451	451	(1) was permitted under Chapter 2001, Occupations
452	452	Code;
453	453	(2) was permitted under Chapter 2002, Occupations
454	454	Code;
455	455	(3) consisted entirely of participation in the state
456	456	lottery authorized by the State Lottery Act (Chapter 466,
457	457	Government Code);
458	458	(4) was permitted under the Texas Racing Act (Article
459	459	179e, Vernon's Texas Civil Statutes); [or]
460	460	(5) consisted entirely of participation in a drawing
461	461	for the opportunity to participate in a hunting, fishing, or other
462	462	recreational event conducted by the Parks and Wildlife Department;
463	463	or
464	464	(6) consisted entirely of operating an eight-liner in
465	465	an area in which the operation of eight-liners has been legalized by
466	466	a local option election under Chapter 502, Election Code.
467	467	SECTION 6. Section 47.09(a), Penal Code, is amended to read
468	468	as follows:
469	469	(a) It is a defense to prosecution under this chapter that
470	470	the conduct:
471	471	(1) was authorized under:
472	472	(A) Chapter 2001, Occupations Code;
473	473	(B) Chapter 2002, Occupations Code; or
474	474	(C) the Texas Racing Act (Article 179e, Vernon's
475	475	Texas Civil Statutes);
476	476	(2) consisted entirely of participation in the state
477	477	lottery authorized by Chapter 466, Government Code; [or]
478	478	(3) was a necessary incident to the operation of the
479	479	state lottery and was directly or indirectly authorized by:
480	480	(A) Chapter 466, Government Code;
481	481	(B) the lottery division of the Texas Lottery
482	482	Commission;
483	483	(C) the Texas Lottery Commission; or
484	484	(D) the director of the lottery division of the
485	485	Texas Lottery Commission; or
486	486	(4) consisted entirely of operating an eight-liner in
487	487	an area in which the operation of eight-liners has been legalized by
488	488	a local option election under Chapter 502, Election Code.
489	489	SECTION 7. (a) The changes in law made by this Act to
490	490	Sections 47.02(c) and 47.09(a), Penal Code, apply only to an
491	491	offense committed on or after the effective date of this Act. For
492	492	purposes of this section, an offense is committed before the
493	493	effective date of this Act if any portion of the offense occurs
494	494	before that date.
495	495	(b) An offense committed before the effective date of this
496	496	Act is covered by the law in effect when the offense was committed,
497	497	and the former law is continued in effect for that purpose.
498	498	SECTION 8. (a) This Act takes effect only if the
499	499	constitutional amendment proposed by the 81st Legislature, Regular
500	500	Session, 2009, authorizing local option elections to legalize or
501	501	prohibit the operation of eight-liners, takes effect. If that
502	502	amendment is not approved by the voters, this Act has no effect.
503	503	(b) Except as provided by Subsection (a) of this section:
504	504	(1) Sections 1, 2, and 5-7 of this Act take effect on
505	505	the date on which the constitutional amendment described by
506	506	Subsection (a) of this section takes effect; and
507	507	(2) Section 3 of this Act takes effect January 1, 2010.