82R4097 KYF-D
By: Walle H.B. No. 1154
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of a civil penalty against owners and
operators of coin-operated machines who commit certain gambling
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2153.354, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The comptroller may assess a penalty of not less than
$50 or more than $2,000 against:
(1) an owner who permits a coin-operated machine under
the owner's control to be operated, exhibited, or displayed in this
state without a tax permit as required by Section 2153.406; [or]
(2) a person who:
(A) exhibits or displays a coin-operated machine
in this state without a tax permit as required by Section 2153.406;
(B) exhibits or displays a coin-operated machine
that is not registered;
(C) does not maintain the records required under
this chapter;
(D) refuses or fails to make records available
for inspection on request by the comptroller or an authorized
representative of the comptroller;
(E) uses an artful device or deceptive practice
to conceal a violation of this chapter;
(F) misleads the comptroller or an authorized
representative of the comptroller in connection with the
enforcement of this chapter; or
(G) violates this chapter or a rule adopted under
this chapter; or
(3) an owner or operator who is convicted of an offense
under Section 47.04 or 47.06, Penal Code, related to owning or
operating a coin-operated machine.
(e) In a suit filed under Subsection (c), the comptroller or
attorney general may recover the reasonable expenses incurred in
obtaining the penalty, including investigation and court costs,
reasonable attorney's fees, witness fees, and other expenses.
SECTION 2. Subchapter J, Chapter 2153, Occupations Code, is
amended by adding Section 2153.454 to read as follows:
Sec. 2153.454. CIVIL PENALTY. (a) A county or municipality
may assess a civil penalty against an owner or operator who is
convicted of an offense under Section 47.04 or 47.06, Penal Code,
related to owning or operating a coin-operated machine.
(b) The county or municipality may assess a penalty under
this section for each day a violation occurs.
(c) The amount of the civil penalty assessed under
Subsection (a) shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(d) The municipal or county attorney may sue to collect a
civil penalty under this section. In the suit, the attorney may
recover, on behalf of the municipality or county, the reasonable
expenses incurred in obtaining the penalty, including
investigation and court costs, reasonable attorney's fees, witness
fees, and other expenses.
(e) A person may request a hearing in accordance with the
applicable municipal or county hearing procedures if a civil
penalty is assessed against the person under this section.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 4. This Act takes effect September 1, 2011.