Texas 2015 - 84th Regular

Texas House Bill HB1385 Compare Versions

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

Old	New	Differences
1	1	84R3102 DDT-F
2	2	By: Raymond H.B. No. 1385
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local option elections to legalize or prohibit the
8	8	operation of eight-liners; providing penalties; imposing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 17, Election Code, is amended by adding
11	11	Chapter 502 to read as follows:
12	12	CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 502.001. DEFINITION. In this chapter, "eight-liner"
15	15	has the meaning assigned by Section 47.01, Penal Code.
16	16	SUBCHAPTER B. MANNER OF CALLING ELECTION
17	17	Sec. 502.051. ELECTION TO BE HELD. On proper petition by
18	18	the required number of voters of a county or of a justice precinct
19	19	or municipality in the county, the commissioners court of the
20	20	county shall order a local option election in that political
21	21	subdivision to determine whether the operation of eight-liners
22	22	shall be legalized or prohibited in the political subdivision.
23	23	Sec. 502.052. QUALIFICATION FOR POLITICAL SUBDIVISION TO
24	24	HOLD ELECTION. A political subdivision may not hold a local option
25	25	election to legalize or prohibit the operation of eight-liners in
26	26	the political subdivision unless the political subdivision has been
27	27	in existence for at least 18 months.
28	28	Sec. 502.053. APPLICATION FOR PETITION. (a) On written
29	29	application of 10 or more qualified voters of any county or of a
30	30	justice precinct or municipality in the county that includes proof
31	31	of publication of the application in a newspaper of general
32	32	circulation in that political subdivision not earlier than the 30th
33	33	day before the date the petition is filed, the county clerk of the
34	34	county shall issue to the applicants a petition to be circulated
35	35	among and signed by the qualified voters of the political
36	36	subdivision requesting that a local option election be called to
37	37	determine whether the operation of eight-liners shall be legalized
38	38	or prohibited in the political subdivision.
39	39	(b) Not later than the fifth day after the date the petition
40	40	is issued, the county clerk shall notify the secretary of state that
41	41	the petition has been issued.
42	42	Sec. 502.054. HEADING, STATEMENT, AND ISSUE ON APPLICATION
43	43	FOR PETITION TO LEGALIZE. (a) An application for a petition
44	44	requesting an election to legalize the operation of eight-liners
45	45	must include the heading: "Application for Local Option Election
46	46	Petition to Legalize the Operation of Eight-Liners."
47	47	(b) The application must contain the following statement of
48	48	the issue to be voted on, immediately preceding the signatures of
49	49	the applicants: "It is the purpose and intent of the applicants
50	50	whose signatures appear on this application to legalize the
51	51	operation of eight-liners in (name of political subdivision)."
52	52	Sec. 502.055. HEADING, STATEMENT, AND ISSUE ON APPLICATION
53	53	FOR PETITION TO PROHIBIT. (a) An application for a petition
54	54	requesting an election to prohibit the operation of eight-liners
55	55	must include the heading: "Application for Local Option Election
56	56	Petition to Prohibit the Operation of Eight-Liners."
57	57	(b) The application must contain the following statement of
58	58	the issue to be voted on, immediately preceding the signatures of
59	59	the applicants: "It is the purpose and intent of the applicants
60	60	whose signatures appear on this application to prohibit the
61	61	operation of eight-liners in (name of political subdivision)."
62	62	Sec. 502.056. PETITION REQUIREMENTS. A petition must
63	63	include the date the petition is issued by the county clerk and be
64	64	serially numbered. Each page of the petition must bear the same
65	65	date and serial number and the actual seal of the county clerk
66	66	rather than a facsimile of that seal.
67	67	Sec. 502.057. HEADING AND STATEMENT ON PETITION TO
68	68	LEGALIZE. (a) Each page of the petition for a local option
69	69	election to legalize the operation of eight-liners must include the
70	70	heading: "Petition for Local Option Election to Legalize the
71	71	Operation of Eight-Liners."
72	72	(b) The petition must contain the following statement of the
73	73	issue to be voted on, immediately preceding the signatures of the
74	74	petitioners: "It is the purpose and intent of the petitioners whose
75	75	signatures appear on this petition to legalize the operation of
76	76	eight-liners in (name of political subdivision)."
77	77	Sec. 502.058. HEADING AND STATEMENT ON PETITION TO
78	78	PROHIBIT. (a) Each page of the petition for a local option
79	79	election to prohibit the operation of eight-liners must include the
80	80	heading: "Petition for Local Option Election to Prohibit the
81	81	Operation of Eight-Liners."
82	82	(b) The petition must contain the following statement of the
83	83	issue to be voted on, immediately preceding the signatures of the
84	84	petitioners: "It is the purpose and intent of the petitioners whose
85	85	signatures appear on this petition to prohibit the operation of
86	86	eight-liners in (name of political subdivision)."
87	87	Sec. 502.059. OFFENSE: MISREPRESENTATION OF PETITION. (a)
88	88	A person commits an offense if the person misrepresents the purpose
89	89	or effect of a petition issued under this chapter.
90	90	(b) An offense under this section is a Class B misdemeanor.
91	91	Sec. 502.060. COPIES OF PETITION. (a) The county clerk
92	92	shall provide the number of copies of the petition required by the
93	93	applicants provided the number of pages does not exceed one page for
94	94	every 10 registered voters of the county or of a justice precinct or
95	95	municipality in the county. Each copy must bear the date, number,
96	96	and seal on each page as required on the original petition.
97	97	(b) The county clerk shall keep a copy of each petition and a
98	98	record of the applicants for the petition.
99	99	Sec. 502.061. VERIFICATION OF PETITION. (a) The voter
100	100	registrar of the county shall check the names of the signers of
101	101	petitions and the voting precincts in which the signers reside to
102	102	determine whether the signers were qualified voters of the county
103	103	or of a justice precinct or municipality in the county at the time
104	104	the petition was issued. The registrar may use a statistical
105	105	sampling method to verify the signatures, except that on written
106	106	request from a citizen of the political subdivision for which an
107	107	election is sought, the registrar shall verify each signature on
108	108	the petition. The citizen requesting the verification shall pay
109	109	the reasonable cost of the verification. The registrar shall
110	110	certify to the commissioners court the number of qualified voters
111	111	signing the petition.
112	112	(b) A petition signature may not be counted unless:
113	113	(1) the signature is the actual signature of the
114	114	purported signer;
115	115	(2) the petition contains in addition to the
116	116	signature:
117	117	(A) the signer's printed name;
118	118	(B) the signer's date of birth;
119	119	(C) if the territory from which signatures must
120	120	be obtained is situated in more than one county, the county of
121	121	registration;
122	122	(D) the signer's residence address; and
123	123	(E) the date of signing; and
124	124	(3) the petition complies with any other applicable
125	125	requirements prescribed by law.
126	126	(c) The use of ditto marks or abbreviations does not
127	127	invalidate a signature if the required information is reasonably
128	128	ascertainable.
129	129	(d) The omission of the state from the signer's residence
130	130	address does not invalidate a signature unless the political
131	131	subdivision from which the signature is obtained is situated in
132	132	more than one state. The omission of the zip code from the address
133	133	does not invalidate a signature.
134	134	(e) The signature is the only entry on the petition that is
135	135	required to be in the signer's handwriting.
136	136	(f) A signer may withdraw the signer's signature by deleting
137	137	the signature from the petition or by filing with the voter
138	138	registrar an affidavit requesting that the signature be withdrawn
139	139	from the petition. A signer may not withdraw the signature from a
140	140	petition on or after the date the petition is received by the
141	141	registrar. A withdrawal affidavit filed by mail is considered to be
142	142	filed at the time of its receipt by the registrar. The withdrawal
143	143	of a signature nullifies the signature on the petition and places
144	144	the signer in the same position as if the signer had not signed the
145	145	petition.
146	146	Sec. 502.062. REQUIREMENTS TO ORDER ELECTION. (a) The
147	147	commissioners court, at its next regular session on or after the
148	148	30th day after the date the petition is filed, shall order a local
149	149	option election to be held on the issue set out in a petition that
150	150	complies with the requirements of Subsection (b).
151	151	(b) The petition must:
152	152	(1) be filed with the voter registrar not later than
153	153	the 60th day after the date the petition is issued; and
154	154	(2) bear the signatures of a number of qualified
155	155	voters of the political subdivision equal to at least 35 percent of
156	156	the registered voters of the subdivision who voted in the most
157	157	recent gubernatorial election.
158	158	(c) A voter whose name appears on the list of registered
159	159	voters with the notation "S," or a similar notation, shall be
160	160	excluded from the computation of the number of registered voters of
161	161	a particular territory.
162	162	Sec. 502.063. RECORD IN MINUTES. The commissioners court
163	163	shall enter in its minutes the date a petition is presented, the
164	164	names of the signers, and the action taken with respect to the
165	165	petition.
166	166	Sec. 502.064. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
167	167	The election order must state in its heading and text whether the
168	168	local option election to be held is for the purpose of legalizing or
169	169	prohibiting the operation of eight-liners as set out in the issue
170	170	recited in the application and petition.
171	171	(b) The order must state the issue to be voted on in the
172	172	election.
173	173	Sec. 502.065. BALLOT. The ballot in an election to legalize
174	174	or prohibit the operation of eight-liners shall be prepared to
175	175	permit voting for or against: "The legal operation of eight-liners
176	176	in (name of political subdivision)."
177	177	Sec. 502.066. EVIDENCE OF VALIDITY. The commissioners
178	178	court election order is prima facie evidence of compliance with all
179	179	provisions necessary to give the order validity or to give the
180	180	commissioners court jurisdiction to make the order valid.
181	181	Sec. 502.067. FREQUENCY OF ELECTIONS. A local option
182	182	election on a particular issue may not be held in a political
183	183	subdivision until after the first anniversary of the date of the
184	184	most recent local option election in that political subdivision on
185	185	that issue.
186	186	SUBCHAPTER C. HOLDING OF ELECTION
187	187	Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
188	188	provided by this chapter, the officers holding a local option
189	189	election shall hold the election in the manner provided by this
190	190	code.
191	191	Sec. 502.102. ELECTION PRECINCTS. (a) County election
192	192	precincts shall be used for a local option election to be held in an
193	193	entire county or in a justice precinct.
194	194	(b) Election precincts established by the governing body of
195	195	the municipality for its municipal elections shall be used for a
196	196	local option election to be held in a municipality. If the
197	197	governing body has not established precincts for its municipal
198	198	elections, the commissioners court shall prescribe the election
199	199	precincts for the local option election under the law governing
200	200	establishment of precincts for municipal elections.
201	201	Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
202	202	appear on the ballot for an election ordered by the commissioners
203	203	court must be the same as the issue applied for and set out in the
204	204	petition.
205	205	(b) The ballot must include the language required under
206	206	Section 502.065.
207	207	Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
208	208	county shall pay the expense of holding a local option election
209	209	authorized by this chapter in the county or in a justice precinct or
210	210	municipality in the county except that:
211	211	(1) if an election is to be held only within the
212	212	corporate limits of a municipality located wholly within the
213	213	county, the county may require the municipality to reimburse the
214	214	county for all or part of the expenses of holding the local option
215	215	election;
216	216	(2) county payment of the expense of an election to
217	217	legalize the operation of eight-liners is limited to the holding of
218	218	one election in a political subdivision during a one-year period;
219	219	and
220	220	(3) county payment of the expense of an election to
221	221	prohibit the operation of eight-liners is limited to the holding of
222	222	one election in a political subdivision during a one-year period.
223	223	Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
224	224	OFFENSE. (a) If a county is not required to pay the expense of a
225	225	local option election under Section 502.104, the county clerk shall
226	226	require the applicants for a petition for a local option election to
227	227	make a deposit before the issuance of the petition.
228	228	(b) The deposit must be in the form of a cashier's check in
229	229	an amount equal to 25 cents per voter listed on the current list of
230	230	registered voters residing in the county or in a justice precinct or
231	231	municipality in the county where the election is to be held.
232	232	(c) The money received shall be deposited in the county's
233	233	general fund. A refund may not be made to the applicants regardless
234	234	of whether the petition is returned to the county clerk or the
235	235	election is ordered.
236	236	(d) The county clerk may not issue a petition to the
237	237	applicants unless a deposit required by this chapter is made.
238	238	(e) A person who violates Subsection (d) commits an offense.
239	239	An offense under this subsection is a misdemeanor punishable by:
240	240	(1) a fine of not less than $200 nor more than $500;
241	241	(2) confinement in the county jail for not more than 30
242	242	days; or
243	243	(3) both the fine and confinement.
244	244	Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a)
245	245	This section applies only to an election to legalize or prohibit the
246	246	operation of eight-liners in a municipality that is located in more
247	247	than one county.
248	248	(b) An election to which this section applies shall be
249	249	conducted by the municipality instead of the counties. For the
250	250	purposes of an election conducted under this section, a reference
251	251	in this chapter to:
252	252	(1) the county is considered to refer to the
253	253	municipality;
254	254	(2) the commissioners court is considered to refer to
255	255	the governing body of the municipality;
256	256	(3) the county clerk or voter registrar is considered
257	257	to refer to the secretary of the municipality or, if the
258	258	municipality does not have a secretary, to the person performing
259	259	the functions of a secretary of the municipality; and
260	260	(4) the county judge is considered to refer to the
261	261	mayor of the municipality or, if the municipality does not have a
262	262	mayor, to the presiding officer of the governing body of the
263	263	municipality.
264	264	(c) The municipality shall pay the expense of the election.
265	265	(d) An action to contest the election under Section 502.155
266	266	may be brought in the district court of any county in which the
267	267	municipality is located.
268	268	SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
269	269	Sec. 502.151. DECLARATION OF RESULT. (a) On completing the
270	270	canvass of the election returns, the commissioners court shall
271	271	issue an order declaring the election result, and the clerk of the
272	272	commissioners court shall record the order as provided by law.
273	273	(b) In a legalization election, if a majority of the votes
274	274	cast favor legalizing the operation of eight-liners in the
275	275	political subdivision, the operation of eight-liners within the
276	276	boundaries of the political subdivision is legal on the entering of
277	277	the court's order. The legalization remains in effect until
278	278	changed by a subsequent local option election held under this code.
279	279	(c) In a prohibitory election, if a majority of the votes
280	280	cast do not favor the legal operation of eight-liners in the
281	281	political subdivision, the court's order must state that the
282	282	operation of eight-liners within the boundaries of the political
283	283	subdivision is prohibited effective on the 30th day after the date
284	284	the order is entered. The prohibition remains in effect until
285	285	changed by a subsequent local option election held under this
286	286	chapter.
287	287	(d) The local option status of a political subdivision does
288	288	not change as a result of the election if:
289	289	(1) in an election described by Subsection (c), less
290	290	than a majority of the votes cast do not favor the issue; and
291	291	(2) in an election described by Subsection (b), less
292	292	than a majority of the votes cast favor the issue.
293	293	Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
294	294	commissioners court declaring an election result is prima facie
295	295	evidence that all provisions of law have been complied with in
296	296	giving notice of and holding the election, counting and returning
297	297	the votes, and declaring the result of the election.
298	298	Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
299	299	third day after the date the result of a local option election has
300	300	been declared, the county clerk shall certify the result to the
301	301	secretary of state. The clerk may not charge a fee for this
302	302	service.
303	303	Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
304	304	commissioners court order declaring the result of a local option
305	305	election and prohibiting the operation of eight-liners within the
306	306	boundaries of a political subdivision must be published by posting
307	307	the order at three public places in the political subdivision in
308	308	which the election was held.
309	309	(b) The posting of the order shall be recorded in the
310	310	minutes of the commissioners court by the county judge. The entry
311	311	in the minutes or a copy certified under the hand and seal of the
312	312	county clerk is prima facie evidence of the posting.
313	313	Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
314	314	local option laws in the political subdivision in which an election
315	315	is being contested is not suspended during an election contest.
316	316	(b) The result of an election contest finally settles all
317	317	questions relating to the validity of that election. A person may
318	318	not call the legality of that election into question again in any
319	319	other suit or proceeding.
320	320	(c) If an election contest is not timely instituted, it is
321	321	conclusively presumed that the election is valid and binding in all
322	322	respects on all courts.
323	323	SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
324	324	Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
325	325	criminal prosecution, all trial courts of this state shall take
326	326	judicial notice of whether the operation of eight-liners is legal
327	327	or prohibited in an area.
328	328	(b) In an information, complaint, or indictment, an
329	329	allegation that the operation of eight-liners is prohibited in an
330	330	area is sufficient, but a different status of the area may be urged
331	331	and proved as a defense.
332	332	Sec. 502.202. CHANGE OF STATUS. Except as provided in
333	333	Section 502.203, an authorized voting unit that has exercised or
334	334	may exercise the right of local option retains the status adopted
335	335	until that status is changed by a subsequent local option election
336	336	in the same authorized voting unit.
337	337	Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
338	338	To ensure that each voter has the maximum possible control over the
339	339	status of the operation of eight-liners in the area where the voter
340	340	resides:
341	341	(1) the status that resulted from or is the result of a
342	342	duly called election for a municipality prevails against the status
343	343	that resulted from or is the result of an election in a justice
344	344	precinct or county in which the municipality or any part of the
345	345	municipality is contained; and
346	346	(2) the status that resulted from or is the result of
347	347	an election for a justice precinct prevails against the status that
348	348	resulted from or is the result of an election in a municipality in
349	349	which the justice precinct is wholly contained or in a county in
350	350	which the justice precinct is located.
351	351	Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
352	352	local option status is in effect as the result of the vote in a
353	353	justice precinct, the status shall remain in effect until the
354	354	status is changed as the result of a vote in the same territory that
355	355	constituted the precinct when the status was established. If the
356	356	boundaries of the justice precinct have changed since the status
357	357	was established, the commissioners court shall, for purposes of a
358	358	local option election, define the boundaries of the original
359	359	precinct. A local option election may be held within the territory
360	360	defined by the commissioners court as constituting the original
361	361	precinct.
362	362	(b) Nothing in this section is intended to affect the
363	363	operation of Section 502.203.
364	364	(c) Section 502.104, relating to the payment of local option
365	365	election expenses, applies to elections held in a territory that is
366	366	defined in accordance with Subsection (a).
367	367	SECTION 2. Section 2153.002, Occupations Code, is amended
368	368	by amending Subdivisions (1), (5), and (6) and adding Subdivision
369	369	(2-a) to read as follows:
370	370	(1) "Coin-operated machine" means any kind of machine
371	371	or device operated by or with a coin or other United States
372	372	currency, metal slug, token, electronic card, or check, including a
373	373	music or skill or pleasure coin-operated machine. The term does not
374	374	include an eight-liner.
375	375	(2-a) "Eight-liner" has the meaning assigned by
376	376	Section 47.01, Penal Code.
377	377	(5) "Operator" means a person who exhibits or
378	378	displays, or permits to be exhibited or displayed, a coin-operated
379	379	machine or an eight-liner in this state in a place of business that
380	380	is not owned by the person.
381	381	(6) "Owner" means a person who owns a coin-operated
382	382	machine or an eight-liner in this state.
383	383	SECTION 3. Chapter 2153, Occupations Code, is amended by
384	384	adding Subchapter K to read as follows:
385	385	SUBCHAPTER K. FEE ON EIGHT-LINERS
386	386	Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
387	387	each eight-liner that an owner exhibits or displays, or permits to
388	388	be exhibited or displayed, in this state.
389	389	(b) The amount of the fee is $350 per year.
390	390	Sec. 2153.502. EXEMPTION. The fee imposed under this
391	391	subchapter does not apply to an owner of an eight-liner if the owner
392	392	possesses the eight-liner for resale only.
393	393	Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
394	394	first exhibited or displayed in this state after March 31 of any
395	395	year is one-fourth of the amount imposed under Section 2153.501 for
396	396	each quarter or partial quarter of the calendar year remaining
397	397	after the date the owner first exhibits or displays the
398	398	eight-liner.
399	399	Sec. 2153.504. COLLECTION. (a) The comptroller shall
400	400	collect the fee.
401	401	(b) In collecting the fee, the comptroller may:
402	402	(1) collect the fee on a quarterly basis;
403	403	(2) establish procedures for quarterly collection of
404	404	the fee; and
405	405	(3) establish dates on which the fee payment is due.
406	406	(c) An owner required to pay a fee under this section shall
407	407	pay the fee to the comptroller by cashier's check or money order.
408	408	Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller
409	409	shall deposit 30 percent of each fee collected under this
410	410	subchapter to the credit of the general revenue fund.
411	411	(b) For an eight-liner located in a municipality, the
412	412	comptroller shall remit 70 percent of the fee collected under this
413	413	subchapter to the municipality in which the eight-liner is located.
414	414	(c) For an eight-liner located outside a municipality, the
415	415	comptroller shall remit 70 percent of the fee collected under this
416	416	subchapter to the county in which the eight-liner is located.
417	417	(d) The comptroller shall remit fee revenue to a
418	418	municipality or county under this section as soon as feasible after
419	419	collecting the fee.
420	420	Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller
421	421	may not refund or assign credit for the fee imposed under this
422	422	subchapter to an owner who ceases to exhibit or display an
423	423	eight-liner before the end of the calendar year for which the fee is
424	424	imposed.
425	425	Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue
426	426	a fee permit to an owner who pays the fee.
427	427	(b) The comptroller may issue a duplicate fee permit to an
428	428	owner if the owner's fee permit is lost, stolen, or destroyed. The
429	429	fee for a duplicate permit is $5.
430	430	(c) A fee permit shall be securely attached to the
431	431	eight-liner for which the permit is issued in a manner that requires
432	432	the continued application of steam and water to remove the permit.
433	433	Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title
434	434	2, Tax Code, applies to the administration, collection, and
435	435	enforcement of taxes, penalties, and interest under this
436	436	subchapter.
437	437	SECTION 4. Section 47.01, Penal Code, is amended by
438	438	amending Subdivisions (4) and (9) and adding Subdivisions (10),
439	439	(11), and (12) to read as follows:
440	440	(4) "Gambling device" means any device [electronic,
441	441	electromechanical, or mechanical contrivance not excluded under
442	442	Paragraph (B)] that for [a] consideration affords the player or
443	443	user of the device an opportunity to obtain any thing [anything] of
444	444	value, the award of which is determined solely or partially by
445	445	chance, even though accompanied by some skill[, whether or not the
446	446	prize is automatically paid by the contrivance]. The term[:
447	447	[(A)] includes, but is not limited to, a gambling
448	448	device version [versions] of bingo, keno, blackjack, lottery,
449	449	roulette, video poker, or similar electronic, electromechanical,
450	450	or mechanical games, or a facsimile of any of those games
451	451	[facsimiles thereof], that:
452	452	(A) operates solely or partially [operate] by
453	453	chance;
454	454	(B) [or partially so, that] as a result of the
455	455	play or use [operation] of the game, awards [award] credits or free
456	456	games; [,] and
457	457	(C) records [that record] the number of free
458	458	games or credits [so] awarded and the cancellation or removal of the
459	459	free games or credits[; and
460	460	[(B) does not include any electronic,
461	461	electromechanical, or mechanical contrivance designed, made, and
462	462	adapted solely for bona fide amusement purposes if the contrivance
463	463	rewards the player exclusively with noncash merchandise prizes,
464	464	toys, or novelties, or a representation of value redeemable for
465	465	those items, that have a wholesale value available from a single
466	466	play of the game or device of not more than 10 times the amount
467	467	charged to play the game or device once or $5, whichever is less].
468	468	(9) "Thing of value" means any property, money, right,
469	469	privilege, or other benefit, including a representation of value
470	470	redeemable for any property, money, right, privilege, or other
471	471	benefit [but does not include an unrecorded and immediate right of
472	472	replay not exchangeable for value].
473	473	(10) "Device" includes all or part of an electronic,
474	474	electromechanical, or mechanical contrivance, machine, or
475	475	apparatus.
476	476	(11) "Eight-liner" means an electronic device capable
477	477	of simulating the play of a traditional mechanical slot machine, or
478	478	one-armed bandit, regardless of the number of lines of play, that
479	479	for the payment of consideration affords a player of the device an
480	480	opportunity to win a prize based solely or partially on chance, if
481	481	the prize from a single play of the game consists of:
482	482	(A) cash in an amount of $1,500 or less; or
483	483	(B) noncash merchandise, or a representation of
484	484	value redeemable for noncash merchandise, that has a wholesale
485	485	value of $1,500 or less.
486	486	(12) "Bona fide amusement device" means a device on
487	487	which an amusement game or other activity can be played or conducted
488	488	for consideration, for which skill is the predominating requirement
489	489	for a player of the game to win or be awarded a thing of value. The
490	490	term does not include:
491	491	(A) an eight-liner; or
492	492	(B) an electronic, electromechanical, or
493	493	mechanical version of bingo, keno, blackjack, lottery, roulette,
494	494	video poker, or a similar game, or a facsimile of any of those
495	495	games, that operates solely or partially by chance.
496	496	SECTION 5. Section 234.131(1), Local Government Code, as
497	497	added by Chapter 1284 (H.B. 2123), Acts of the 83rd Legislature,
498	498	Regular Session, 2013, is amended to read as follows:
499	499	(1) "Amusement redemption machine" means a bona fide
500	500	amusement device as defined by Section 47.01, Penal Code, operated
501	501	in a manner that constitutes an affirmative defense under Section
502	502	47.091, Penal Code [any electronic, electromechanical, or
503	503	mechanical contrivance designed, made, and adopted for bona fide
504	504	amusement purposes that rewards the player exclusively with noncash
505	505	merchandise, prizes, toys, or novelties, or a representation of
506	506	value redeemable for those items, with a wholesale value available
507	507	from a single play of the game or device in an amount not more than
508	508	10 times the amount charged to play the game or device once or $5,
509	509	whichever amount is less].
510	510	SECTION 6. Section 234.131(1), Local Government Code, as
511	511	added by Chapter 1377 (H.B. 1127), Acts of the 83rd Legislature,
512	512	Regular Session, 2013, is amended to read as follows:
513	513	(1) "Amusement redemption machine" means a bona fide
514	514	amusement device as defined by Section 47.01, Penal Code, operated
515	515	in a manner that constitutes an affirmative defense under Section
516	516	47.091, Penal Code [any electronic, electromechanical, or
517	517	mechanical contrivance designed, made, and adopted for bona fide
518	518	amusement purposes that rewards the player exclusively with noncash
519	519	merchandise, prizes, toys, or novelties, or a representation of
520	520	value redeemable for those items, that have a wholesale value
521	521	available from a single play of the game or device of not more than
522	522	10 times the amount charged to play the game or device once or $5,
523	523	whichever amount is less].
524	524	SECTION 7. Section 47.02(c), Penal Code, is amended to read
525	525	as follows:
526	526	(c) It is a defense to prosecution under this section that
527	527	the actor reasonably believed that the conduct:
528	528	(1) was permitted under Chapter 2001, Occupations
529	529	Code;
530	530	(2) was permitted under Chapter 2002, Occupations
531	531	Code;
532	532	(3) consisted entirely of participation in the state
533	533	lottery authorized by the State Lottery Act (Chapter 466,
534	534	Government Code);
535	535	(4) was permitted under the Texas Racing Act (Article
536	536	179e, Vernon's Texas Civil Statutes); [or]
537	537	(5) consisted entirely of participation in a drawing
538	538	for the opportunity to participate in a hunting, fishing, or other
539	539	recreational event conducted by the Parks and Wildlife Department;
540	540	or
541	541	(6) consisted entirely of operating an eight-liner in
542	542	an area in which the operation of eight-liners has been legalized by
543	543	a local option election under Chapter 502, Election Code.
544	544	SECTION 8. Section 47.03(b), Penal Code, is amended to read
545	545	as follows:
546	546	(b) An offense under this section is a Class A misdemeanor,
547	547	except that the offense is:
548	548	(1) a state jail felony if:
549	549	(A) the offense involves a device described by
550	550	Section 47.01(11) other than the monetary prize limits provided by
551	551	Sections 47.01(11)(A) and (B); and
552	552	(B) the prize for a single play of the game is
553	553	more than $1,500 but less than $20,000;
554	554	(2) a felony of the third degree if:
555	555	(A) the offense involves a device described by
556	556	Section 47.01(11) other than the monetary prize limits provided by
557	557	Sections 47.01(11)(A) and (B); and
558	558	(B) the prize for a single play of the game is at
559	559	least $20,000 but less than $100,000; or
560	560	(3) a felony of the second degree if:
561	561	(A) the offense involves a device described by
562	562	Section 47.01(11) other than the monetary prize limits provided by
563	563	Sections 47.01(11)(A) and (B); and
564	564	(B) the prize for a single play of the game is
565	565	$100,000 or more.
566	566	SECTION 9. Section 47.04(c), Penal Code, is amended to read
567	567	as follows:
568	568	(c) An offense under this section is a Class A misdemeanor,
569	569	except that the offense is:
570	570	(1) a state jail felony if:
571	571	(A) the offense involves a device described by
572	572	Section 47.01(11) other than the monetary prize limits provided by
573	573	Sections 47.01(11)(A) and (B); and
574	574	(B) the prize for a single play of the game is
575	575	more than $1,500 but less than $20,000;
576	576	(2) a felony of the third degree if:
577	577	(A) the offense involves a device described by
578	578	Section 47.01(11) other than the monetary prize limits provided by
579	579	Sections 47.01(11)(A) and (B); and
580	580	(B) the prize for a single play of the game is at
581	581	least $20,000 but less than $100,000; or
582	582	(3) a felony of the second degree if:
583	583	(A) the offense involves a device described by
584	584	Section 47.01(11) other than the monetary prize limits provided by
585	585	Sections 47.01(11)(A) and (B); and
586	586	(B) the prize for a single play of the game is
587	587	$100,000 or more.
588	588	SECTION 10. Section 47.06(e), Penal Code, is amended to
589	589	read as follows:
590	590	(e) An offense under this section is a Class A misdemeanor,
591	591	except that the offense is:
592	592	(1) a state jail felony if:
593	593	(A) the offense involves a device described by
594	594	Section 47.01(11) other than the monetary prize limits provided by
595	595	Sections 47.01(11)(A) and (B); and
596	596	(B) the prize for a single play of the game is
597	597	more than $1,500 but less than $20,000;
598	598	(2) a felony of the third degree if:
599	599	(A) the offense involves a device described by
600	600	Section 47.01(11) other than the monetary prize limits provided by
601	601	Sections 47.01(11)(A) and (B); and
602	602	(B) the prize for a single play of the game is at
603	603	least $20,000 but less than $100,000; or
604	604	(3) a felony of the second degree if:
605	605	(A) the offense involves a device described by
606	606	Section 47.01(11) other than the monetary prize limits provided by
607	607	Sections 47.01(11)(A) and (B); and
608	608	(B) the prize for a single play of the game is
609	609	$100,000 or more.
610	610	SECTION 11. Section 47.09(a), Penal Code, is amended to
611	611	read as follows:
612	612	(a) It is a defense to prosecution under this chapter that
613	613	the conduct:
614	614	(1) was authorized under:
615	615	(A) Chapter 2001, Occupations Code;
616	616	(B) Chapter 2002, Occupations Code; or
617	617	(C) the Texas Racing Act (Article 179e, Vernon's
618	618	Texas Civil Statutes);
619	619	(2) consisted entirely of participation in the state
620	620	lottery authorized by Chapter 466, Government Code; [or]
621	621	(3) was a necessary incident to the operation of the
622	622	state lottery and was directly or indirectly authorized by:
623	623	(A) Chapter 466, Government Code;
624	624	(B) the lottery division of the Texas Lottery
625	625	Commission;
626	626	(C) the Texas Lottery Commission; or
627	627	(D) the director of the lottery division of the
628	628	Texas Lottery Commission; or
629	629	(4) consisted entirely of operating an eight-liner in
630	630	an area in which the operation of eight-liners has been legalized by
631	631	a local option election under Chapter 502, Election Code.
632	632	SECTION 12. Chapter 47, Penal Code, is amended by adding
633	633	Section 47.091 to read as follows:
634	634	Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
635	635	It is an affirmative defense to prosecution under Section 47.02
636	636	that:
637	637	(1) the conduct consists entirely of the play or use of
638	638	a bona fide amusement device; and
639	639	(2) the player or user may not win or be awarded a
640	640	thing of value for playing or using the device other than:
641	641	(A) noncash merchandise available only on the
642	642	premises where the device is located; or
643	643	(B) a ticket, coupon, or other representation of
644	644	value redeemable only on the premises where the device is located
645	645	for noncash merchandise.
646	646	(b) For purposes of Subsection (a):
647	647	(1) the noncash merchandise or representation of value
648	648	redeemable for noncash merchandise that may be won or awarded for a
649	649	single play of a game or use of the device may not have a wholesale
650	650	value of more than the lesser of:
651	651	(A) 10 times the amount charged for the single
652	652	play or use; or
653	653	(B) $5; and
654	654	(2) an item of noncash merchandise that may be won or
655	655	awarded for playing or using the device or for which a person may
656	656	redeem one or more tickets, coupons, or other representations of
657	657	value won or awarded for playing or using the device may not have a
658	658	wholesale value of more than $50.
659	659	(c) It is an affirmative defense to prosecution under
660	660	Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
661	661	necessary incident to offering, using, or maintaining one or more
662	662	bona fide amusement devices used exclusively for conduct for which
663	663	Subsection (a) provides an affirmative defense to a person playing
664	664	or using the device, including the manufacturing, transporting,
665	665	storing, or repairing of the device.
666	666	SECTION 13. Section 47.02(e), Penal Code, is repealed.
667	667	SECTION 14. (a) The change in law made by this Act applies
668	668	only to an offense committed on or after the effective date of this
669	669	Act. For purposes of this section, an offense is committed before
670	670	the effective date of this Act if any element of the offense occurs
671	671	before that date.
672	672	(b) An offense committed before the effective date of this
673	673	Act is covered by the law in effect when the offense was committed,
674	674	and the former law is continued in effect for that purpose.
675	675	SECTION 15. (a) This Act takes effect only if the
676	676	constitutional amendment proposed by the 84th Legislature, Regular
677	677	Session, 2015, authorizing local option elections to legalize or
678	678	prohibit the operation of eight-liners takes effect. If that
679	679	amendment is not approved by the voters, this Act has no effect.
680	680	(b) Subject to Subsection (a) of this section:
681	681	(1) Sections 1, 2, and 4 through 14 of this Act take
682	682	effect on the date on which the constitutional amendment described
683	683	by Subsection (a) of this section takes effect; and
684	684	(2) Section 3 of this Act takes effect January 1, 2016.