Texas 2013 - 83rd Regular

Texas House Bill HB137 Compare Versions

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1	1	83R1814 GCB-D
2	2	By: Raymond H.B. No. 137
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the information reported to the comptroller by a
8	8	coin-operated machine license holder, the penalty for failure to
9	9	report that information, and the penalty for gambling promotion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2153.202, Occupations Code, is amended
12	12	by amending Subsection (a) and adding Subsection (a-1) to read as
13	13	follows:
14	14	(a) A license holder shall maintain a record of and report
15	15	to the comptroller information relating to each music or skill or
16	16	pleasure coin-operated machine owned, possessed, or controlled by
17	17	the license holder, including:
18	18	(1) the make, type, and serial number of each machine;
19	19	(2) the date each machine is placed in operation;
20	20	(3) the dates of the first and most recent
21	21	registration of each machine;
22	22	(4) the specific location of each machine; [and]
23	23	(5) the name and address of the owner of the machine;
24	24	(6) except as provided by Subsection (a-1), the name
25	25	and address of any person other than the owner who has a financial
26	26	interest in the proceeds of the machine; and
27	27	(7) any change in machine ownership.
28	28	(a-1) A corporate license holder is not required to maintain
29	29	a record of or report the name and address of a shareholder who
30	30	holds less than 10 percent of the shares in the license holder's
31	31	corporation.
32	32	SECTION 2. Section 2153.358(b), Occupations Code, is
33	33	amended to read as follows:
34	34	(b) An offense under this section is a Class A [B]
35	35	misdemeanor.
36	36	SECTION 3. Section 47.03(b), Penal Code, is amended to read
37	37	as follows:
38	38	(b) An offense under this section is a state jail felony
39	39	[Class A misdemeanor].
40	40	SECTION 4. Section 71.02(a), Penal Code, as amended by
41	41	Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd
42	42	Legislature, Regular Session, 2011, is reenacted and amended to
43	43	read as follows:
44	44	(a) A person commits an offense if, with the intent to
45	45	establish, maintain, or participate in a combination or in the
46	46	profits of a combination or as a member of a criminal street gang,
47	47	the person commits or conspires to commit one or more of the
48	48	following:
49	49	(1) murder, capital murder, arson, aggravated
50	50	robbery, robbery, burglary, theft, aggravated kidnapping,
51	51	kidnapping, aggravated assault, aggravated sexual assault, sexual
52	52	assault, forgery, deadly conduct, assault punishable as a Class A
53	53	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
54	54	motor vehicle;
55	55	(2) any gambling offense punishable as a felony or as a
56	56	Class A misdemeanor;
57	57	(3) promotion of prostitution, aggravated promotion
58	58	of prostitution, or compelling prostitution;
59	59	(4) unlawful manufacture, transportation, repair, or
60	60	sale of firearms or prohibited weapons;
61	61	(5) unlawful manufacture, delivery, dispensation, or
62	62	distribution of a controlled substance or dangerous drug, or
63	63	unlawful possession of a controlled substance or dangerous drug
64	64	through forgery, fraud, misrepresentation, or deception;
65	65	(5-a) causing the unlawful delivery, dispensation, or
66	66	distribution of a controlled substance or dangerous drug in
67	67	violation of Subtitle B, Title 3, Occupations Code;
68	68	(6) any unlawful wholesale promotion or possession of
69	69	any obscene material or obscene device with the intent to wholesale
70	70	promote the same;
71	71	(7) any offense under Subchapter B, Chapter 43,
72	72	depicting or involving conduct by or directed toward a child
73	73	younger than 18 years of age;
74	74	(8) any felony offense under Chapter 32;
75	75	(9) any offense under Chapter 36;
76	76	(10) any offense under Chapter 34, 35, or 35A;
77	77	(11) any offense under Section 37.11(a);
78	78	(12) any offense under Chapter 20A;
79	79	(13) any offense under Section 37.10;
80	80	(14) any offense under Section 38.06, 38.07, 38.09, or
81	81	38.11;
82	82	(15) any offense under Section 42.10;
83	83	(16) any offense under Section 46.06(a)(1) or 46.14;
84	84	[or]
85	85	(17) any offense under Section 20.05; or
86	86	(18) [(17)] any offense classified as a felony under
87	87	the Tax Code.
88	88	SECTION 5. (a) The change in law made by this Act to Section
89	89	2153.202, Occupations Code, applies to a record maintained or
90	90	reported under that section on or after the effective date of this
91	91	Act.
92	92	(b) The changes in law made by this Act to Section 2153.358,
93	93	Occupations Code, and Sections 47.03 and 71.02, Penal Code, apply
94	94	only to an offense committed on or after the effective date of this
95	95	Act. An offense committed before the effective date of this Act is
96	96	governed by the law in effect when the offense was committed, and
97	97	the former law is continued in effect for that purpose. For
98	98	purposes of this subsection, an offense was committed before the
99	99	effective date of this Act if any element of the offense occurred
100	100	before that date.
101	101	SECTION 6. This Act takes effect September 1, 2013.