Texas 2015 - 84th Regular

Texas Senate Bill SB51 Compare Versions

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1	1	By: Zaffirini S.B. No. 51
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to local option elections to legalize or prohibit the
7	7	operation of eight-liners and the imposition of a fee on
8	8	eight-liner owners; providing penalties.
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	Sec. 502.002. APPLICABILITY. This subchapter applies only
17	17	to a county located on an international border that has a population
18	18	of less than 300,000 and contains one or more municipalities with a
19	19	population of 200,000 or more.
20	20	[Sections 502.003-502.020 reserved for expansion]
21	21	SUBCHAPTER B. MANNER OF CALLING ELECTION
22	22	Sec. 502.021. ELECTION TO BE HELD. On proper petition by
23	23	the required number of voters of a county or of a justice precinct
24	24	or municipality in the county, the commissioners court of the
25	25	county shall order a local option election in that political
26	26	subdivision to determine whether the operation of eight-liners
27	27	shall be legalized or prohibited in the political subdivision.
28	28	Sec. 502.022. QUALIFICATION FOR POLITICAL SUBDIVISION TO
29	29	HOLD ELECTION. A political subdivision may not hold a local option
30	30	election to legalize or prohibit the operation of eight-liners in
31	31	the political subdivision unless the political subdivision has been
32	32	in existence for at least 18 months.
33	33	Sec. 502.023. APPLICATION FOR PETITION. (a) On written
34	34	application of 10 or more qualified voters of any county or of a
35	35	justice precinct or municipality in the county that includes proof
36	36	of publication of the application in a newspaper of general
37	37	circulation in that political subdivision not earlier than the 30th
38	38	day before the date the petition is filed, the county clerk of the
39	39	county shall issue to the applicants a petition to be circulated
40	40	among and signed by the qualified voters of the political
41	41	subdivision requesting that a local option election be called to
42	42	determine whether the operation of eight-liners shall be legalized
43	43	or prohibited in the political subdivision.
44	44	(b) Not later than the fifth day after the date the petition
45	45	is issued, the county clerk shall notify the secretary of state that
46	46	the petition has been issued.
47	47	Sec. 502.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION
48	48	FOR PETITION TO LEGALIZE. (a) An application for a petition
49	49	requesting an election to legalize the operation of eight-liners
50	50	must include the heading: "Application for Local Option Election
51	51	Petition to Legalize the Operation of Eight-Liners."
52	52	(b) The application must contain the following statement of
53	53	the issue to be voted on, immediately preceding the signatures of
54	54	the applicants: "It is the purpose and intent of the applicants
55	55	whose signatures appear on this application to legalize the
56	56	operation of eight-liners in (name of political subdivision)."
57	57	Sec. 502.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION
58	58	FOR PETITION TO PROHIBIT. (a) An application for a petition
59	59	requesting an election to prohibit the operation of eight-liners
60	60	must include the heading: "Application for Local Option Election
61	61	Petition to Prohibit the Operation of Eight-Liners."
62	62	(b) The application must contain the following statement of
63	63	the issue to be voted on, immediately preceding the signatures of
64	64	the applicants: "It is the purpose and intent of the applicants
65	65	whose signatures appear on this application to prohibit the
66	66	operation of eight-liners in (name of political subdivision)."
67	67	Sec. 502.026. PETITION REQUIREMENTS. A petition must
68	68	include the date the petition is issued by the county clerk and be
69	69	serially numbered. Each page of the petition must bear the same
70	70	date and serial number and the actual seal of the county clerk
71	71	rather than a facsimile of that seal.
72	72	Sec. 502.027. HEADING AND STATEMENT ON PETITION TO
73	73	LEGALIZE. (a) Each page of the petition for a local option
74	74	election to legalize the operation of eight-liners must include the
75	75	heading: "Petition for Local Option Election to Legalize the
76	76	Operation of Eight-Liners."
77	77	(b) The petition must contain the following statement of the
78	78	issue to be voted on, immediately preceding the signatures of the
79	79	petitioners: "It is the purpose and intent of the petitioners whose
80	80	signatures appear on this petition to legalize the operation of
81	81	eight-liners in (name of political subdivision)."
82	82	Sec. 502.028. HEADING AND STATEMENT ON PETITION TO
83	83	PROHIBIT. (a) Each page of the petition for a local option
84	84	election to prohibit the operation of eight-liners must include the
85	85	heading: "Petition for Local Option Election to Prohibit the
86	86	Operation of Eight-Liners."
87	87	(b) The petition must contain the following statement of the
88	88	issue to be voted on, immediately preceding the signatures of the
89	89	petitioners: "It is the purpose and intent of the petitioners whose
90	90	signatures appear on this petition to prohibit the operation of
91	91	eight-liners in (name of political subdivision)."
92	92	Sec. 502.029. OFFENSE: MISREPRESENTATION OF PETITION.
93	93	(a) A person commits an offense if the person misrepresents the
94	94	purpose or effect of a petition issued under this chapter.
95	95	(b) An offense under this section is a Class B misdemeanor.
96	96	Sec. 502.030. COPIES OF PETITION. (a) The county clerk
97	97	shall provide the number of copies of the petition required by the
98	98	applicants provided the number of pages does not exceed one page for
99	99	every 10 registered voters of the county or of a justice precinct or
100	100	municipality in the county. Each copy must bear the date, number,
101	101	and seal on each page as required on the original petition.
102	102	(b) The county clerk shall keep a copy of each petition and a
103	103	record of the applicants for the petition.
104	104	Sec. 502.031. VERIFICATION OF PETITION. (a) The voter
105	105	registrar of the county shall check the names of the signers of
106	106	petitions and the voting precincts in which the signers reside to
107	107	determine whether the signers were qualified voters of the county
108	108	or of a justice precinct or municipality in the county at the time
109	109	the petition was issued. The registrar may use a statistical
110	110	sampling method to verify the signatures, except that on written
111	111	request from a citizen of the political subdivision for which an
112	112	election is sought, the registrar shall verify each signature on
113	113	the petition. The citizen requesting the verification shall pay
114	114	the reasonable cost of the verification. The registrar shall
115	115	certify to the commissioners court the number of qualified voters
116	116	signing the petition.
117	117	(b) A petition signature may not be counted unless:
118	118	(1) the signature is the actual signature of the
119	119	purported signer;
120	120	(2) the petition contains in addition to the
121	121	signature:
122	122	(A) the signer's printed name;
123	123	(B) the signer's date of birth;
124	124	(C) if the territory from which signatures must
125	125	be obtained is situated in more than one county, the county of
126	126	registration;
127	127	(D) the signer's residence address; and
128	128	(E) the date of signing; and
129	129	(3) the petition complies with any other applicable
130	130	requirements prescribed by law.
131	131	(c) The use of ditto marks or abbreviations does not
132	132	invalidate a signature if the required information is reasonably
133	133	ascertainable.
134	134	(d) The omission of the state from the signer's residence
135	135	address does not invalidate a signature unless the political
136	136	subdivision from which the signature is obtained is situated in
137	137	more than one state. The omission of the zip code from the address
138	138	does not invalidate a signature.
139	139	(e) The signature is the only entry on the petition that is
140	140	required to be in the signer's handwriting.
141	141	(f) A signer may withdraw the signer's signature by deleting
142	142	the signature from the petition or by filing with the voter
143	143	registrar an affidavit requesting that the signature be withdrawn
144	144	from the petition. A signer may not withdraw the signature from a
145	145	petition on or after the date the petition is received by the
146	146	registrar. A withdrawal affidavit filed by mail is considered to be
147	147	filed at the time of its receipt by the registrar. The withdrawal
148	148	of a signature nullifies the signature on the petition and places
149	149	the signer in the same position as if the signer had not signed the
150	150	petition.
151	151	Sec. 502.032. REQUIREMENTS TO ORDER ELECTION. (a) The
152	152	commissioners court, at its next regular session on or after the
153	153	30th day after the date the petition is filed, shall order a local
154	154	option election to be held on the issue set out in a petition that
155	155	complies with the requirements of Subsection (b).
156	156	(b) The petition must:
157	157	(1) be filed with the voter registrar not later than
158	158	the 60th day after the date the petition is issued; and
159	159	(2) bear the signatures of a number of qualified
160	160	voters of the political subdivision equal to at least 35 percent of
161	161	the registered voters of the subdivision who voted in the most
162	162	recent gubernatorial election.
163	163	(c) A voter whose name appears on the list of registered
164	164	voters with the notation "S," or a similar notation, shall be
165	165	excluded from the computation of the number of registered voters of
166	166	a particular territory.
167	167	Sec. 502.033. RECORD IN MINUTES. The commissioners court
168	168	shall enter in its minutes the date a petition is presented, the
169	169	names of the signers, and the action taken with respect to the
170	170	petition.
171	171	Sec. 502.034. ISSUES TO APPEAR IN ORDER FOR ELECTION.
172	172	(a) The election order must state in its heading and text whether
173	173	the local option election to be held is for the purpose of
174	174	legalizing or prohibiting the operation of eight-liners as set out
175	175	in the issue recited in the application and petition.
176	176	(b) The order must state the issue to be voted on in the
177	177	election.
178	178	Sec. 502.035. BALLOT. The ballot in an election to legalize
179	179	or prohibit the operation of eight-liners shall be prepared to
180	180	permit voting for or against: "The legal operation of eight-liners
181	181	in (name of political subdivision)."
182	182	Sec. 502.036. EVIDENCE OF VALIDITY. The commissioners
183	183	court election order is prima facie evidence of compliance with all
184	184	provisions necessary to give the order validity or to give the
185	185	commissioners court jurisdiction to make the order valid.
186	186	Sec. 502.037. FREQUENCY OF ELECTIONS. A local option
187	187	election on a particular issue may not be held in a political
188	188	subdivision until after the first anniversary of the date of the
189	189	most recent local option election in that political subdivision on
190	190	that issue.
191	191	[Sections 502.038-502.100 reserved for expansion]
192	192	SUBCHAPTER C. HOLDING OF ELECTION
193	193	Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
194	194	provided by this chapter, the officers holding a local option
195	195	election shall hold the election in the manner provided by this
196	196	code.
197	197	Sec. 502.102. ELECTION PRECINCTS. (a) County election
198	198	precincts shall be used for a local option election to be held in an
199	199	entire county or in a justice precinct.
200	200	(b) Election precincts established by the governing body of
201	201	the municipality for its municipal elections shall be used for a
202	202	local option election to be held in a municipality. If the
203	203	governing body has not established precincts for its municipal
204	204	elections, the commissioners court shall prescribe the election
205	205	precincts for the local option election under the law governing
206	206	establishment of precincts for municipal elections.
207	207	Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
208	208	appear on the ballot for an election ordered by the commissioners
209	209	court must be the same as the issue applied for and set out in the
210	210	petition.
211	211	(b) The ballot must include the language required under
212	212	Section 502.035.
213	213	Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
214	214	county shall pay the expense of holding a local option election
215	215	authorized by this chapter in the county or in a justice precinct or
216	216	municipality in the county except that:
217	217	(1) if an election is to be held only within the
218	218	corporate limits of a municipality located wholly within the
219	219	county, the county may require the municipality to reimburse the
220	220	county for all or part of the expenses of holding the local option
221	221	election;
222	222	(2) county payment of the expense of an election to
223	223	legalize the operation of eight-liners is limited to the holding of
224	224	one election in a political subdivision during a one-year period;
225	225	and
226	226	(3) county payment of the expense of an election to
227	227	prohibit the operation of eight-liners is limited to the holding of
228	228	one election in a political subdivision during a one-year period.
229	229	Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
230	230	OFFENSE. (a) If a county is not required to pay the expense of a
231	231	local option election under Section 502.104, the county clerk shall
232	232	require the applicants for a petition for a local option election to
233	233	make a deposit before the issuance of the petition.
234	234	(b) The deposit must be in the form of a cashier's check in
235	235	an amount equal to 25 cents per voter listed on the current list of
236	236	registered voters residing in the county or in a justice precinct or
237	237	municipality in the county where the election is to be held.
238	238	(c) The money received shall be deposited in the county's
239	239	general fund. A refund may not be made to the applicants regardless
240	240	of whether the petition is returned to the county clerk or the
241	241	election is ordered.
242	242	(d) The county clerk may not issue a petition to the
243	243	applicants unless a deposit required by this chapter is made.
244	244	(e) A person who violates Subsection (d) commits an offense.
245	245	An offense under this subsection is a misdemeanor punishable by:
246	246	(1) a fine of not less than $200 nor more than $500;
247	247	(2) confinement in the county jail for not more than 30
248	248	days; or
249	249	(3) both the fine and confinement.
250	250	Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES.
251	251	(a) This section applies only to an election to legalize or
252	252	prohibit the operation of eight-liners in a municipality that is
253	253	located in more than one county.
254	254	(b) An election to which this section applies shall be
255	255	conducted by the municipality instead of the counties. For the
256	256	purposes of an election conducted under this section, a reference
257	257	in this chapter to:
258	258	(1) the county is considered to refer to the
259	259	municipality;
260	260	(2) the commissioners court is considered to refer to
261	261	the governing body of the municipality;
262	262	(3) the county clerk or voter registrar is considered
263	263	to refer to the secretary of the municipality or, if the
264	264	municipality does not have a secretary, to the person performing
265	265	the functions of a secretary of the municipality; and
266	266	(4) the county judge is considered to refer to the
267	267	mayor of the municipality or, if the municipality does not have a
268	268	mayor, to the presiding officer of the governing body of the
269	269	municipality.
270	270	(c) The municipality shall pay the expense of the election.
271	271	(d) An action to contest the election under Section 502.155
272	272	may be brought in the district court of any county in which the
273	273	municipality is located.
274	274	[Sections 502.107-502.150 reserved for expansion]
275	275	SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
276	276	Sec. 502.151. DECLARATION OF RESULT. (a) On completing
277	277	the canvass of the election returns, the commissioners court shall
278	278	issue an order declaring the election result, and the clerk of the
279	279	commissioners court shall record the order as provided by law.
280	280	(b) In a legalization election, if a majority of the votes
281	281	cast favor legalizing the operation of eight-liners in the
282	282	political subdivision, the operation of eight-liners within the
283	283	boundaries of the political subdivision is legal on the entering of
284	284	the court's order. The legalization remains in effect until
285	285	changed by a subsequent local option election held under this code.
286	286	(c) In a prohibitory election, if a majority of the votes
287	287	cast do not favor the legal operation of eight-liners in the
288	288	political subdivision, the court's order must state that the
289	289	operation of eight-liners within the boundaries of the political
290	290	subdivision is prohibited effective on the 30th day after the date
291	291	the order is entered. The prohibition remains in effect until
292	292	changed by a subsequent local option election held under this
293	293	chapter.
294	294	(d) The local option status of a political subdivision does
295	295	not change as a result of the election if:
296	296	(1) in an election described by Subsection (c), less
297	297	than a majority of the votes cast do not favor the issue; and
298	298	(2) in an election described by Subsection (b), less
299	299	than a majority of the votes cast favor the issue.
300	300	Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
301	301	commissioners court declaring an election result is prima facie
302	302	evidence that all provisions of law have been complied with in
303	303	giving notice of and holding the election, counting and returning
304	304	the votes, and declaring the result of the election.
305	305	Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
306	306	third day after the date the result of a local option election has
307	307	been declared, the county clerk shall certify the result to the
308	308	secretary of state. The clerk may not charge a fee for this
309	309	service.
310	310	Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
311	311	commissioners court order declaring the result of a local option
312	312	election and prohibiting the operation of eight-liners within the
313	313	boundaries of a political subdivision must be published by posting
314	314	the order at three public places in the political subdivision in
315	315	which the election was held.
316	316	(b) The posting of the order shall be recorded in the
317	317	minutes of the commissioners court by the county judge. The entry
318	318	in the minutes or a copy certified under the hand and seal of the
319	319	county clerk is prima facie evidence of the posting.
320	320	Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
321	321	local option laws in the political subdivision in which an election
322	322	is being contested is not suspended during an election contest.
323	323	(b) The result of an election contest finally settles all
324	324	questions relating to the validity of that election. A person may
325	325	not call the legality of that election into question again in any
326	326	other suit or proceeding.
327	327	(c) If an election contest is not timely instituted, it is
328	328	conclusively presumed that the election is valid and binding in all
329	329	respects on all courts.
330	330	[Sections 502.156-502.200 reserved for expansion]
331	331	SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
332	332	Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
333	333	criminal prosecution, all trial courts of this state shall take
334	334	judicial notice of whether the operation of eight-liners is legal
335	335	or prohibited in an area.
336	336	(b) In an information, complaint, or indictment, an
337	337	allegation that the operation of eight-liners is prohibited in an
338	338	area is sufficient, but a different status of the area may be urged
339	339	and proved as a defense.
340	340	Sec. 502.202. CHANGE OF STATUS. Except as provided in
341	341	Section 502.203, an authorized voting unit that has exercised or
342	342	may exercise the right of local option retains the status adopted
343	343	until that status is changed by a subsequent local option election
344	344	in the same authorized voting unit.
345	345	Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
346	346	To ensure that each voter has the maximum possible control over the
347	347	status of the operation of eight-liners in the area where the voter
348	348	resides:
349	349	(1) the status that resulted from or is the result of a
350	350	duly called election for a municipality prevails against the status
351	351	that resulted from or is the result of an election in a justice
352	352	precinct or county in which the municipality or any part of the
353	353	municipality is contained; and
354	354	(2) the status that resulted from or is the result of
355	355	an election for a justice precinct prevails against the status that
356	356	resulted from or is the result of an election in a municipality in
357	357	which the justice precinct is wholly contained or in a county in
358	358	which the justice precinct is located.
359	359	Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
360	360	local option status is in effect as the result of the vote in a
361	361	justice precinct, the status shall remain in effect until the
362	362	status is changed as the result of a vote in the same territory that
363	363	constituted the precinct when the status was established. If the
364	364	boundaries of the justice precinct have changed since the status
365	365	was established, the commissioners court shall, for purposes of a
366	366	local option election, define the boundaries of the original
367	367	precinct. A local option election may be held within the territory
368	368	defined by the commissioners court as constituting the original
369	369	precinct.
370	370	(b) Nothing in this section is intended to affect the
371	371	operation of Section 502.203.
372	372	(c) Section 502.104, relating to the payment of local option
373	373	election expenses, applies to elections held in a territory that is
374	374	defined in accordance with Subsection (a).
375	375	SECTION 2. Section 2153.002, Occupations Code, is amended
376	376	by amending Subdivisions (1), (5), and (6) and adding Subdivision
377	377	(2-a) to read as follows:
378	378	(1) "Coin-operated machine" means any kind of machine
379	379	or device operated by or with a coin or other United States
380	380	currency, metal slug, token, electronic card, or check, including a
381	381	music or skill or pleasure coin-operated machine. The term does not
382	382	include an eight-liner.
383	383	(2-a) "Eight-liner" has the meaning assigned by
384	384	Section 47.01, Penal Code.
385	385	(5) "Operator" means a person who exhibits or
386	386	displays, or permits to be exhibited or displayed, a coin-operated
387	387	machine or an eight-liner in this state in a place of business that
388	388	is not owned by the person.
389	389	(6) "Owner" means a person who owns a coin-operated
390	390	machine or an eight-liner in this state.
391	391	SECTION 3. Chapter 2153, Occupations Code, is amended by
392	392	adding Subchapter K to read as follows:
393	393	SUBCHAPTER K. FEE ON EIGHT-LINERS
394	394	Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
395	395	each eight-liner that an owner exhibits or displays, or permits to
396	396	be exhibited or displayed, in this state.
397	397	(b) The amount of the fee is $350 per year.
398	398	Sec. 2153.502. EXEMPTION. The fee imposed under this
399	399	subchapter does not apply to an owner of an eight-liner if the owner
400	400	possesses the eight-liner for resale only.
401	401	Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
402	402	first exhibited or displayed in this state after March 31 of any
403	403	year is one-fourth of the amount imposed under Section 2153.501 for
404	404	each quarter or partial quarter of the calendar year remaining
405	405	after the date the owner first exhibits or displays the
406	406	eight-liner.
407	407	Sec. 2153.504. COLLECTION. (a) The comptroller shall
408	408	collect the fee.
409	409	(b) In collecting the fee, the comptroller may:
410	410	(1) collect the fee on a quarterly basis;
411	411	(2) establish procedures for quarterly collection of
412	412	the fee; and
413	413	(3) establish dates on which the fee payment is due.
414	414	(c) An owner required to pay a fee under this section shall
415	415	pay the fee to the comptroller by cashier's check or money order.
416	416	Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller
417	417	shall deposit 30 percent of each fee collected under this
418	418	subchapter to the credit of the general revenue fund.
419	419	(b) For an eight-liner located in a municipality, the
420	420	comptroller shall remit 70 percent of the fee collected under this
421	421	subchapter to the municipality in which the eight-liner is located.
422	422	(c) For an eight-liner located outside a municipality, the
423	423	comptroller shall remit 70 percent of the fee collected under this
424	424	subchapter to the county in which the eight-liner is located.
425	425	(d) The comptroller shall remit fee revenue to a
426	426	municipality or county under this section as soon as feasible after
427	427	collecting the fee.
428	428	Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The
429	429	comptroller may not refund or assign credit for the fee imposed
430	430	under this subchapter to an owner who ceases to exhibit or display
431	431	an eight-liner before the end of the calendar year for which the fee
432	432	is imposed.
433	433	Sec. 2153.507. FEE PERMIT. (a) The comptroller shall
434	434	issue a fee permit to an owner who pays the fee.
435	435	(b) The comptroller may issue a duplicate fee permit to an
436	436	owner if the owner's fee permit is lost, stolen, or destroyed. The
437	437	fee for a duplicate permit is $5.
438	438	(c) A fee permit shall be securely attached to the
439	439	eight-liner for which the permit is issued in a manner that requires
440	440	the continued application of steam and water to remove the permit.
441	441	Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B,
442	442	Title 2, Tax Code, applies to the administration, collection, and
443	443	enforcement of taxes, penalties, and interest under this
444	444	subchapter.
445	445	SECTION 4. Section 47.01, Penal Code, is amended by
446	446	amending Subdivisions (4) and (9) and adding Subdivisions (10),
447	447	(11), and (12) to read as follows:
448	448	(4) "Gambling device" means any device [electronic,
449	449	electromechanical, or mechanical contrivance not excluded under
450	450	Paragraph (B)] that for [a] consideration affords the player or
451	451	user of the device an opportunity to obtain any thing [anything] of
452	452	value, the award of which is determined solely or partially by
453	453	chance, even though accompanied by some skill[, whether or not the
454	454	prize is automatically paid by the contrivance]. The term[:
455	455	[(A)] includes, but is not limited to, a gambling
456	456	device version [versions] of bingo, keno, blackjack, lottery,
457	457	roulette, video poker, or similar electronic, electromechanical,
458	458	or mechanical games, or a facsimile of any of those games
459	459	[facsimiles thereof], that:
460	460	(A) operates solely or partially [operate] by
461	461	chance;
462	462	(B) [or partially so, that] as a result of the
463	463	play or use [operation] of the game, awards [award] credits or free
464	464	games; [,] and
465	465	(C) records [that record] the number of free
466	466	games or credits [so] awarded and the cancellation or removal of the
467	467	free games or credits[; and
468	468	[(B) does not include any electronic,
469	469	electromechanical, or mechanical contrivance designed, made, and
470	470	adapted solely for bona fide amusement purposes if the contrivance
471	471	rewards the player exclusively with noncash merchandise prizes,
472	472	toys, or novelties, or a representation of value redeemable for
473	473	those items, that have a wholesale value available from a single
474	474	play of the game or device of not more than 10 times the amount
475	475	charged to play the game or device once or $5, whichever is less].
476	476	(9) "Thing of value" means any property, money, right,
477	477	privilege, or other benefit, including a representation of value
478	478	redeemable for any property, money, right, privilege, or other
479	479	benefit [but does not include an unrecorded and immediate right of
480	480	replay not exchangeable for value].
481	481	(10) "Device" includes all or part of an electronic,
482	482	electromechanical, or mechanical contrivance, machine, or
483	483	apparatus.
484	484	(11) "Eight-liner" means an electronic device capable
485	485	of simulating the play of a traditional mechanical slot machine, or
486	486	one-armed bandit, regardless of the number of lines of play, that
487	487	for the payment of consideration affords a player of the device an
488	488	opportunity to win a prize based solely or partially on chance, if
489	489	the prize from a single play of the game consists of:
490	490	(A) cash in an amount of $1,500 or less; or
491	491	(B) noncash merchandise, or a representation of
492	492	value redeemable for noncash merchandise, that has a wholesale
493	493	value of $1,500 or less.
494	494	(12) "Bona fide amusement device" means a device on
495	495	which an amusement game or other activity can be played or conducted
496	496	for consideration, for which skill is the predominating requirement
497	497	for a player of the game to win or be awarded a thing of value. The
498	498	term does not include:
499	499	(A) an eight-liner; or
500	500	(B) an electronic, electromechanical, or
501	501	mechanical version of bingo, keno, blackjack, lottery, roulette,
502	502	video poker, or a similar game, or a facsimile of any of those
503	503	games, that operates solely or partially by chance.
504	504	SECTION 5. Section 47.02(c), Penal Code, is amended to read
505	505	as follows:
506	506	(c) It is a defense to prosecution under this section that
507	507	the actor reasonably believed that the conduct:
508	508	(1) was permitted under Chapter 2001, Occupations
509	509	Code;
510	510	(2) was permitted under Chapter 2002, Occupations
511	511	Code;
512	512	(3) consisted entirely of participation in the state
513	513	lottery authorized by the State Lottery Act (Chapter 466,
514	514	Government Code);
515	515	(4) was permitted under the Texas Racing Act (Article
516	516	179e, Vernon's Texas Civil Statutes); [or]
517	517	(5) consisted entirely of participation in a drawing
518	518	for the opportunity to participate in a hunting, fishing, or other
519	519	recreational event conducted by the Parks and Wildlife Department;
520	520	or
521	521	(6) consisted entirely of operating an eight-liner in
522	522	an area in which the operation of eight-liners has been legalized by
523	523	a local option election under Chapter 502, Election Code.
524	524	SECTION 6. Section 47.03(b), Penal Code, is amended to read
525	525	as follows:
526	526	(b) An offense under this section is a Class A misdemeanor,
527	527	except that the offense is:
528	528	(1) a state jail felony if:
529	529	(A) the offense involves a device described by
530	530	Section 47.01(11) other than the monetary prize limits provided by
531	531	Sections 47.01(11)(A) and (B); and
532	532	(B) the prize for a single play of the game is
533	533	more than $1,500 but less than $20,000;
534	534	(2) a felony of the third degree if:
535	535	(A) the offense involves a device described by
536	536	Section 47.01(11) other than the monetary prize limits provided by
537	537	Sections 47.01(11)(A) and (B); and
538	538	(B) the prize for a single play of the game is at
539	539	least $20,000 but less than $100,000; or
540	540	(3) a felony of the second degree if:
541	541	(A) the offense involves a device described by
542	542	Section 47.01(11) other than the monetary prize limits provided by
543	543	Sections 47.01(11)(A) and (B); and
544	544	(B) the prize for a single play of the game is
545	545	$100,000 or more.
546	546	SECTION 7. Section 47.04(c), Penal Code, is amended to read
547	547	as follows:
548	548	(c) An offense under this section is a Class A misdemeanor,
549	549	except that the offense is:
550	550	(1) a state jail felony if:
551	551	(A) the offense involves a device described by
552	552	Section 47.01(11) other than the monetary prize limits provided by
553	553	Sections 47.01(11)(A) and (B); and
554	554	(B) the prize for a single play of the game is
555	555	more than $1,500 but less than $20,000;
556	556	(2) a felony of the third degree if:
557	557	(A) the offense involves a device described by
558	558	Section 47.01(11) other than the monetary prize limits provided by
559	559	Sections 47.01(11)(A) and (B); and
560	560	(B) the prize for a single play of the game is at
561	561	least $20,000 but less than $100,000; or
562	562	(3) a felony of the second degree if:
563	563	(A) the offense involves a device described by
564	564	Section 47.01(11) other than the monetary prize limits provided by
565	565	Sections 47.01(11)(A) and (B); and
566	566	(B) the prize for a single play of the game is
567	567	$100,000 or more.
568	568	SECTION 8. Section 47.06(e), Penal Code, is amended to read
569	569	as follows:
570	570	(e) An offense under this section is a Class A misdemeanor,
571	571	except that the offense is:
572	572	(1) a state jail felony if:
573	573	(A) the offense involves a device described by
574	574	Section 47.01(11) other than the monetary prize limits provided by
575	575	Sections 47.01(11)(A) and (B); and
576	576	(B) the prize for a single play of the game is
577	577	more than $1,500 but less than $20,000;
578	578	(2) a felony of the third degree if:
579	579	(A) the offense involves a device described by
580	580	Section 47.01(11) other than the monetary prize limits provided by
581	581	Sections 47.01(11)(A) and (B); and
582	582	(B) the prize for a single play of the game is at
583	583	least $20,000 but less than $100,000; or
584	584	(3) a felony of the second degree if:
585	585	(A) the offense involves a device described by
586	586	Section 47.01(11) other than the monetary prize limits provided by
587	587	Sections 47.01(11)(A) and (B); and
588	588	(B) the prize for a single play of the game is
589	589	$100,000 or more.
590	590	SECTION 9. Section 47.09(a), Penal Code, is amended to read
591	591	as follows:
592	592	(a) It is a defense to prosecution under this chapter that
593	593	the conduct:
594	594	(1) was authorized under:
595	595	(A) Chapter 2001, Occupations Code;
596	596	(B) Chapter 2002, Occupations Code; or
597	597	(C) the Texas Racing Act (Article 179e, Vernon's
598	598	Texas Civil Statutes);
599	599	(2) consisted entirely of participation in the state
600	600	lottery authorized by Chapter 466, Government Code; [or]
601	601	(3) was a necessary incident to the operation of the
602	602	state lottery and was directly or indirectly authorized by:
603	603	(A) Chapter 466, Government Code;
604	604	(B) the lottery division of the Texas Lottery
605	605	Commission;
606	606	(C) the Texas Lottery Commission; or
607	607	(D) the director of the lottery division of the
608	608	Texas Lottery Commission; or
609	609	(4) consisted entirely of operating an eight-liner in
610	610	an area in which the operation of eight-liners has been legalized by
611	611	a local option election under Chapter 502, Election Code.
612	612	SECTION 10. Chapter 47, Penal Code, is amended by adding
613	613	Section 47.091 to read as follows:
614	614	Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE.
615	615	(a) It is an affirmative defense to prosecution under Section
616	616	47.02 that:
617	617	(1) the conduct consists entirely of the play or use of
618	618	a bona fide amusement device; and
619	619	(2) the player or user may not win or be awarded a
620	620	thing of value for playing or using the device other than:
621	621	(A) noncash merchandise available only on the
622	622	premises where the device is located; or
623	623	(B) a ticket, coupon, or other representation of
624	624	value redeemable only on the premises where the device is located
625	625	for noncash merchandise.
626	626	(b) For purposes of Subsection (a):
627	627	(1) the noncash merchandise or representation of value
628	628	redeemable for noncash merchandise that may be won or awarded for a
629	629	single play of a game or use of the device may not have a wholesale
630	630	value of more than the lesser of:
631	631	(A) 10 times the amount charged for the single
632	632	play or use; or
633	633	(B) $5; and
634	634	(2) an item of noncash merchandise that may be won or
635	635	awarded for playing or using the device or for which a person may
636	636	redeem one or more tickets, coupons, or other representations of
637	637	value won or awarded for playing or using the device may not have a
638	638	wholesale value of more than $50.
639	639	(c) It is an affirmative defense to prosecution under
640	640	Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
641	641	necessary incident to offering, using, or maintaining one or more
642	642	bona fide amusement devices used exclusively for conduct for which
643	643	Subsection (a) provides an affirmative defense to a person playing
644	644	or using the device, including the manufacturing, transporting,
645	645	storing, or repairing of the device.
646	646	SECTION 11. Section 47.02(e), Penal Code, is repealed.
647	647	SECTION 12. (a) The change in law made by this Act applies
648	648	only to an offense committed on or after the effective date of this
649	649	Act. For purposes of this section, an offense is committed before
650	650	the effective date of this Act if any element of the offense occurs
651	651	before that date.
652	652	(b) An offense committed before the effective date of this
653	653	Act is covered by the law in effect when the offense was committed,
654	654	and the former law is continued in effect for that purpose.
655	655	SECTION 13. (a) This Act takes effect only if the
656	656	constitutional amendment proposed by the 84th Legislature, Regular
657	657	Session, 2015, authorizing local option elections to legalize or
658	658	prohibit the operation of eight-liners takes effect. If that
659	659	amendment is not approved by the voters, this Act has no effect.
660	660	(b) Subject to Subsection (a) of this section:
661	661	(1) Sections 1, 2, and 4 through 12 of this Act take
662	662	effect on the date on which the constitutional amendment described
663	663	by Subsection (a) of this section takes effect; and
664	664	(2) Section 3 of this Act takes effect January 1, 2016.