Texas 2009 - 81st Regular

Texas House Bill HB75 Compare Versions

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

Old	New	Differences
1	1	81R542 BEF-F
2	2	By: Flynn H.B. No. 75
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of amusement redemption
8	8	machines at certain locations; providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2153, Occupations Code, is amended by
11	11	adding Subchapter K to read as follows:
12	12	SUBCHAPTER K. LOCATION LICENSE FOR OPERATION OF AMUSEMENT
13	13	REDEMPTION MACHINES
14	14	Sec. 2153.501. APPLICABILITY. Unless otherwise provided,
15	15	the provisions of this chapter governing licenses and registration
16	16	certificates, including penalties and enforcement provisions,
17	17	apply to a location license issued under this subchapter.
18	18	Sec. 2153.502. DEFINITIONS. For purposes of this
19	19	subchapter:
20	20	(1) "Amusement redemption machine" means a
21	21	contrivance described by Section 47.01(4)(B), Penal Code.
22	22	(2) "Operate" includes displaying, exhibiting, or
23	23	placing in service.
24	24	(3) "Premises" means the area under a common roof or
25	25	over a common foundation.
26	26	Sec. 2153.503. LOCATION LICENSE. (a) A person may not
27	27	operate more than 10 amusement redemption machines on any premises
28	28	unless the person holds a location license issued under this
29	29	subchapter for the premises.
30	30	(b) A person must hold a location license in addition to any
31	31	other license or registration certificate the person is required to
32	32	hold under this chapter.
33	33	(c) An applicant for a location license must file with the
34	34	comptroller an application that includes:
35	35	(1) the name and address of the applicant;
36	36	(2) the physical address, including the county, of the
37	37	premises at which the amusement redemption machines will be
38	38	operated;
39	39	(3) the name and address of the owner of the premises
40	40	at which the amusement redemption machines will be operated;
41	41	(4) the name and address of the person who rents or
42	42	leases the premises to the applicant, if applicable;
43	43	(5) the amount of rent paid or other consideration
44	44	given, directly or indirectly, to the owner, lessor, or landlord of
45	45	the premises, if applicable;
46	46	(6) the number of amusement redemption machines to be
47	47	operated on the premises;
48	48	(7) a statement indicating whether the amusement
49	49	redemption machines to be operated on the premises will be owned,
50	50	leased, or rented by the applicant;
51	51	(8) if the amusement redemption machines will be
52	52	leased or rented, the name, address, and general business license
53	53	or registration certificate number of the person who owns the
54	54	amusement redemption machines;
55	55	(9) a financial interest statement that includes the
56	56	name and residence address of any person, other than a person
57	57	disclosed under Subdivision (8), who has a financial interest in
58	58	the operation of the machines on the premises, including the
59	59	nature, type, and extent of the financial interest; and
60	60	(10) a statement that the information contained in the
61	61	application is true and correct.
62	62	(d) A person who submits an application for a location
63	63	license consents to an inspection of the licensed premises by the
64	64	comptroller or a peace officer at any time during the location's
65	65	hours of operation to ensure compliance with this subchapter.
66	66	Sec. 2153.504. FEES. (a) The annual license fee for each
67	67	location license is $500.
68	68	(b) An application for a location license must be
69	69	accompanied by a nonrefundable application fee in the form of a
70	70	cashier's check, money order, personal check, or other method of
71	71	payment authorized by the comptroller in an amount equal to the
72	72	annual location license fee.
73	73	Sec. 2153.505. REQUIRED LOCATION LICENSE HOLDER RECORDS.
74	74	(a) A location license holder shall, at all times, prominently
75	75	display the holder's license at the licensed premises.
76	76	(b) A location license holder shall maintain, on the
77	77	licensed premises, a record of each amusement redemption machine
78	78	located on the premises to which the location license applies,
79	79	including:
80	80	(1) the make, type, and serial number of the machine;
81	81	(2) the date the machine was placed in operation;
82	82	(3) the dates of the first and most recent
83	83	registration of the machine; and
84	84	(4) any change in ownership of the machine.
85	85	(c) The location license holder must allow the comptroller
86	86	or a peace officer to enter and inspect the licensed premises at any
87	87	time during hours of operation to ensure compliance with this
88	88	subchapter.
89	89	Sec. 2153.506. MANDATORY DENIAL OR REVOCATION OF LOCATION
90	90	LICENSE. (a) The comptroller may not issue a location license if
91	91	the comptroller finds that the license applicant or any person
92	92	required to be listed on the financial interest statement under
93	93	Section 2153.503(c)(9):
94	94	(1) is prohibited from holding a general business
95	95	license under Section 2153.302; or
96	96	(2) has been convicted of an offense under Section
97	97	47.06, Penal Code.
98	98	(b) The comptroller may not issue or renew a location
99	99	license if the applicant fails to comply with Section 2153.505.
100	100	(c) The comptroller shall revoke the location license of a
101	101	license holder who refuses to allow the comptroller or a peace
102	102	officer to enter or inspect the licensed premises as required by
103	103	this subchapter. The comptroller may not issue a location license
104	104	to a person who has had a location license revoked under this
105	105	subsection.
106	106	Sec. 2153.507. INFORMATION FROM LOCATION LICENSE
107	107	APPLICATION. (a) Notwithstanding Section 2153.101 and following
108	108	the issuance of a location license under this subchapter, the
109	109	following information in the location license application is a
110	110	public record and must be posted on the comptroller's Internet
111	111	website not later than the 10th business day after the date the
112	112	location license is issued:
113	113	(1) the location license number;
114	114	(2) the name of the location license holder;
115	115	(3) the physical address, including the county, of the
116	116	premises designated in the location license;
117	117	(4) the names of any person included in the financial
118	118	interest statement required under Section 2153.503(c)(9); and
119	119	(5) the number of amusement redemption machines
120	120	operated on the licensed premises.
121	121	(b) The comptroller shall provide a method to allow a
122	122	visitor to the comptroller's Internet website to retrieve by county
123	123	or municipality the license information posted under Subsection
124	124	(a).
125	125	Sec. 2153.508. CRIMINAL PENALTY. (a) A person commits an
126	126	offense if the person:
127	127	(1) knowingly operates or allows the operation of more
128	128	than 10 amusement redemption machines on premises for which a
129	129	location license is not in effect; or
130	130	(2) fails to display a location license or maintain
131	131	the records as required by Section 2153.505.
132	132	(b) An offense under this section is a Class A misdemeanor,
133	133	except that an offense under this section is a state jail felony if
134	134	it is shown on the trial of the offense that at the time the offense
135	135	was committed the person possessed on the premises one or more
136	136	devices in violation of Section 47.06, Penal Code.
137	137	(c) It is presumed that a person intended to commit an
138	138	offense under this section if:
139	139	(1) more than 10 amusement redemption machines are
140	140	operated by the person on premises for which a location license is
141	141	not prominently displayed;
142	142	(2) an amusement redemption machine operated on the
143	143	premises is not included in the records maintained under Section
144	144	2153.505(b); or
145	145	(3) the records required under Section 2153.505(b) are
146	146	not available for inspection by the comptroller or a peace officer
147	147	during the hours of operation of the premises.
148	148	SECTION 2. Section 2153.153, Occupations Code, is amended
149	149	by adding Subsection (a-1) to read as follows:
150	150	(a-1) In addition to the information prescribed by
151	151	Subsection (a), an application for a general business, import, or
152	152	repair license must include a statement indicating whether a
153	153	machine associated with the application is an amusement redemption
154	154	machine.
155	155	SECTION 3. This Act takes effect September 1, 2009.