82R8761 KYF-F
By: Harless H.B. No. 3583
A BILL TO BE ENTITLED
AN ACT
relating to the authority of local law enforcement authorities to
enforce certain laws regulating coin-operated machines; providing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2153.102, Occupations Code, is amended
to read as follows:
Sec. 2153.102. INFORMATION MADE AVAILABLE TO COMPTROLLER,
ATTORNEY GENERAL, OR PEACE OFFICER. Except for information
specifically designated as a public record, information derived
from a book, record, report, or application required to be made
available under this chapter to the comptroller, [or] the attorney
general, or a peace officer:
(1) is confidential; and
(2) may be used only to enforce this chapter.
SECTION 2. Subchapter D, Chapter 2153, Occupations Code, is
amended by adding Section 2153.1595 to read as follows:
Sec. 2153.1595. DISPLAY OF CERTIFICATE OF OCCUPANCY OR
COMPLIANCE. (a) An owner or operator who is required to hold a
license or registration certificate under Section 2153.151 must
prominently display any certificate of occupancy or certificate of
compliance issued by a political subdivision of this state for the
premises where the music or skill or pleasure coin-operated machine
is exhibited or displayed.
(b) A person who fails to prominently display the
certificate of occupancy or certificate of compliance as required
under Subsection (a) commits an offense. An offense under this
subsection is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the person has been
previously convicted one or two times of an offense under this
section; or
(2) a state jail felony if the person has been
previously convicted three or more times of an offense under this
section.
SECTION 3. Section 2153.351, Occupations Code, is amended
to read as follows:
Sec. 2153.351. CONSENT TO ENTRY. (a) Acceptance of a
license or registration certificate constitutes consent that the
comptroller or a peace officer may freely enter the licensed
business premises of the license or registration certificate holder
[during normal business hours] to ensure compliance with this
chapter:
(1) during normal business hours; and
(2) at any other time a music or skill or pleasure
coin-operated machine exhibited or displayed at the licensed
business premises is available for use.
(b) A person commits an offense if the person knowingly or
intentionally denies or hinders entry to a person authorized to
enter the business premises under this section.
(c) An offense under Subsection (b) is a Class A
misdemeanor.
SECTION 4. Section 2153.352(a), Occupations Code, is
amended to read as follows:
(a) The comptroller, [or] an authorized representative of
the comptroller, or a peace officer may seal a coin-operated
machine in a manner that prevents the full operation of the machine
if:
(1) the license or registration certificate of the
person exhibiting or displaying the machine is suspended or
revoked;
(2) the owner fails to pay a tax on the machine; or
(3) the machine is not registered with the comptroller
under this chapter.
SECTION 5. Section 2153.355(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) exhibits or displays a coin-operated machine in
this state for which outstanding tax is due;
(2) falsifies, fails to maintain, or refuses or fails
to make available to the comptroller, [or] an authorized
representative of the comptroller, or a peace officer, on request,
records of coin-operated machines that the person is required to
maintain;
(3) uses an artful device or deceptive practice in
this state to conceal a violation of this chapter;
(4) misleads the comptroller, [or] an authorized
representative of the comptroller, or a peace officer in connection
with the enforcement of this chapter;
(5) breaks a seal attached by the comptroller, [or] an
authorized representative of the comptroller, or a peace officer
under Section 2153.352 without the comptroller's approval;
(6) exhibits or displays a coin-operated machine that
has a broken seal without the comptroller's approval;
(7) removes a coin-operated machine from the location
where the comptroller or a peace officer affixed a seal to the
machine; or
(8) violates this chapter or a rule adopted under this
chapter.
SECTION 6. 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
covered by the law in effect when 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 7. This Act takes effect September 1, 2011.