Texas 2013 - 83rd Regular

Texas Senate Bill SB433 Compare Versions

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1	1	By: Patrick S.B. No. 433
2	2	(In the Senate - Filed February 7, 2013; February 13, 2013,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; April 15, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 15, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 433 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the regulation of game rooms in certain counties;
13	13	providing penalties; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 234, Local Government Code, is amended
16	16	by adding Subchapter E to read as follows:
17	17	SUBCHAPTER E. GAME ROOMS
18	18	Sec. 234.131. DEFINITIONS. In this subchapter:
19	19	(1) "Amusement redemption machine" means any
20	20	electronic, electromechanical, or mechanical contrivance designed,
21	21	made, and adopted for bona fide amusement purposes that rewards the
22	22	player exclusively with noncash merchandise, prizes, toys, or
23	23	novelties, or a representation of value redeemable for those items,
24	24	that have a wholesale value available from a single play of the game
25	25	or device of not more than 10 times the amount charged to play the
26	26	game or device once or $5, whichever amount is less.
27	27	(2) "Game room" means a for-profit business located in
28	28	a building or place that contains six or more amusement redemption
29	29	machines.
30	30	(3) "Game room owner" means a person who:
31	31	(A) has an ownership interest in, or receives the
32	32	profits from, a game room or an amusement redemption machine
33	33	located in a game room;
34	34	(B) is a partner, director, or officer of a
35	35	business, company, or corporation that has an ownership interest in
36	36	a game room or in an amusement redemption machine located in a game
37	37	room;
38	38	(C) is a shareholder that holds more than 10
39	39	percent of the outstanding shares of a business, company, or
40	40	corporation that has an ownership interest in a game room or in an
41	41	amusement redemption machine located in a game room;
42	42	(D) has been issued by the county clerk an
43	43	assumed name certificate for a business that owns a game room or an
44	44	amusement redemption machine located in a game room;
45	45	(E) signs a lease for a game room;
46	46	(F) opens an account for utilities for a game
47	47	room;
48	48	(G) receives a certificate of occupancy or
49	49	certificate of compliance for a game room;
50	50	(H) pays for advertising for a game room; or
51	51	(I) signs an alarm permit for a game room.
52	52	(4) "Operator" means an individual who:
53	53	(A) operates a cash register, cash drawer, or
54	54	other depository on the premises of a game room or of a business
55	55	where the money earned or the records of credit card transactions or
56	56	other credit transactions generated in any manner by the operation
57	57	of a game room or activities conducted in a game room are kept;
58	58	(B) displays, delivers, or provides to, or takes
59	59	orders from, a customer of a game room for merchandise, goods,
60	60	entertainment, or other services offered on the premises of a game
61	61	room;
62	62	(C) acts as a door attendant to regulate entry of
63	63	customers or other persons into a game room; or
64	64	(D) supervises or manages other persons at a game
65	65	room in the performance of an activity listed in this subdivision.
66	66	Sec. 234.132. APPLICABILITY. This subchapter applies only
67	67	to a county:
68	68	(1) with a population of four million or more; or
69	69	(2) with a population of less than 25,000 that is
70	70	adjacent to the Gulf of Mexico and is within 50 miles of an
71	71	international border.
72	72	Sec. 234.133. AUTHORITY TO REGULATE. To promote the public
73	73	health, safety, and welfare, the commissioners court of a county
74	74	may regulate the operation of game rooms and may:
75	75	(1) restrict the location of game rooms to specified
76	76	areas of the county, including the unincorporated area of the
77	77	county;
78	78	(2) prohibit the location of a game room within the
79	79	distance prescribed by the commissioners court of a school, regular
80	80	place of religious worship, or residential neighborhood; or
81	81	(3) restrict the number of game rooms that may operate
82	82	in a specified area of the county.
83	83	Sec. 234.134. LICENSES OR PERMITS. (a) A county may
84	84	require that an owner or operator of a game room obtain a license or
85	85	permit or renew a license or permit on a periodic basis to operate a
86	86	game room in the county. An application for a license or permit
87	87	must be made in accordance with regulations adopted by the county.
88	88	(b) Regulations adopted under this section may provide for
89	89	the denial, suspension, or revocation of a license or permit.
90	90	(c) A district court has jurisdiction of a suit that arises
91	91	from the denial, suspension, or revocation of a license or other
92	92	permit by a county.
93	93	Sec. 234.135. FEES. A county may impose a fee not to exceed
94	94	$1,000 on an applicant for a license or permit or for the renewal of
95	95	the license or permit required under this subchapter. The fee must
96	96	be based on the cost of processing the application and
97	97	investigating the applicant.
98	98	Sec. 234.136. INSPECTION. (a) A peace officer or county
99	99	employee may inspect a business in the county to determine how many
100	100	amusement redemption machines that are subject to regulation under
101	101	this subchapter are located on the premises of the business.
102	102	(b) A peace officer or county employee may inspect any
103	103	business in which six or more amusement redemption machines are
104	104	located to determine whether the business is in compliance with
105	105	this subchapter or regulations adopted under this subchapter.
106	106	(c) A person violates this subchapter if six or more
107	107	amusement redemption machines are located on the premises of the
108	108	business and the person fails to allow a peace officer or county
109	109	employee to conduct an inspection under this section.
110	110	Sec. 234.137. INJUNCTION; CIVIL PENALTY. (a) A county may
111	111	sue in district court for an injunction to prohibit the violation or
112	112	threatened violation of this subchapter or a regulation adopted
113	113	under Section 234.133.
114	114	(b) A person who violates this subchapter or a regulation
115	115	adopted under Section 234.133 is liable to the county for a civil
116	116	penalty of not more than $10,000 for each violation. Each day a
117	117	violation continues is considered a separate violation for purposes
118	118	of assessing the civil penalty under this subsection. A county may
119	119	bring suit in district court to recover a civil penalty authorized
120	120	by this subsection.
121	121	(c) The county is entitled to recover reasonable expenses
122	122	incurred in obtaining injunctive relief, civil penalties, or both,
123	123	under this section, including reasonable attorney's fees, court
124	124	costs, and investigatory costs.
125	125	Sec. 234.138. CRIMINAL PENALTY. (a) A person commits an
126	126	offense if the person intentionally or knowingly operates a game
127	127	room in violation of a regulation adopted under Section 234.133.
128	128	(b) An offense under this section is a Class A misdemeanor.
129	129	Sec. 234.139. CUMULATIVE EFFECT. Authority under this
130	130	subchapter is cumulative of other authority that a county has to
131	131	regulate game rooms and does not limit that authority.
132	132	Sec. 234.140. EFFECT ON OTHER LAWS. (a) This subchapter
133	133	does not legalize any activity prohibited under the Penal Code or
134	134	other state law.
135	135	(b) A person's compliance with this subchapter, including
136	136	operating a game room under a license or permit issued under this
137	137	chapter, is not a defense to prosecution for an offense under
138	138	Chapter 47, Penal Code.
139	139	(c) A person who is subject to prosecution under Section
140	140	234.138 and any other law may be prosecuted under either or both
141	141	laws.
142	142	SECTION 2. This Act takes effect immediately if it receives
143	143	a vote of two-thirds of all the members elected to each house, as
144	144	provided by Section 39, Article III, Texas Constitution. If this
145	145	Act does not receive the vote necessary for immediate effect, this
146	146	Act takes effect September 1, 2013.
147	147	* * * * *