Texas 2017 - 85th Regular

Texas House Bill HB894 Compare Versions

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

Old	New	Differences
1	1	85R1812 DMS-F
2	2	By: Raymond H.B. No. 894
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; imposing fees; creating criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 17, Election Code, is amended by adding
12	12	Chapter 502 to read as follows:
13	13	CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 502.001. DEFINITION. In this chapter, "eight-liner"
16	16	has the meaning assigned by Section 47.01, Penal Code.
17	17	SUBCHAPTER B. MANNER OF CALLING ELECTION
18	18	Sec. 502.051. ELECTION TO BE HELD. On proper petition by
19	19	the required number of voters of a county or of a justice precinct
20	20	or municipality in the county, the commissioners court of the
21	21	county shall order a local option election in that political
22	22	subdivision to determine whether the operation of eight-liners
23	23	shall be legalized or prohibited in the political subdivision.
24	24	Sec. 502.052. QUALIFICATION FOR POLITICAL SUBDIVISION TO
25	25	HOLD ELECTION. A political subdivision may not hold a local option
26	26	election to legalize or prohibit the operation of eight-liners in
27	27	the political subdivision unless the political subdivision has been
28	28	in existence for at least 18 months.
29	29	Sec. 502.053. APPLICATION FOR PETITION. (a) On written
30	30	application of 10 or more qualified voters of any county or of a
31	31	justice precinct or municipality in the county that includes proof
32	32	of publication of the application in a newspaper of general
33	33	circulation in that political subdivision not earlier than the 30th
34	34	day before the date the petition is filed, the county clerk of the
35	35	county shall issue to the applicants a petition to be circulated
36	36	among and signed by the qualified voters of the political
37	37	subdivision requesting that a local option election be called to
38	38	determine whether the operation of eight-liners shall be legalized
39	39	or prohibited in the political subdivision.
40	40	(b) Not later than the fifth day after the date the petition
41	41	is issued, the county clerk shall notify the secretary of state that
42	42	the petition has been issued.
43	43	Sec. 502.054. CONTENTS OF APPLICATION FOR PETITION TO
44	44	LEGALIZE. (a) An application for a petition requesting an election
45	45	to legalize the operation of eight-liners must include the heading:
46	46	"Application for Local Option Election Petition to Legalize the
47	47	Operation of Eight-Liners."
48	48	(b) The application must contain the following statement of
49	49	the issue to be voted on, immediately preceding the signatures of
50	50	the applicants: "It is the purpose and intent of the applicants
51	51	whose signatures appear on this application to legalize the
52	52	operation of eight-liners in (name of political subdivision)."
53	53	Sec. 502.055. CONTENTS OF APPLICATION FOR PETITION TO
54	54	PROHIBIT. (a) An application for a petition requesting an election
55	55	to prohibit the operation of eight-liners must include the heading:
56	56	"Application for Local Option Election Petition to Prohibit the
57	57	Operation of Eight-Liners."
58	58	(b) The application must contain the following statement of
59	59	the issue to be voted on, immediately preceding the signatures of
60	60	the applicants: "It is the purpose and intent of the applicants
61	61	whose signatures appear on this application to prohibit the
62	62	operation of eight-liners in (name of political subdivision)."
63	63	Sec. 502.056. PETITION REQUIREMENTS. A petition must
64	64	include the date the petition is issued by the county clerk and be
65	65	serially numbered. Each page of the petition must bear the same
66	66	date and serial number and the actual seal of the county clerk
67	67	rather than a facsimile of that seal.
68	68	Sec. 502.057. HEADING AND STATEMENT ON PETITION TO
69	69	LEGALIZE. (a) Each page of the petition for a local option
70	70	election to legalize the operation of eight-liners must include the
71	71	heading: "Petition for Local Option Election to Legalize the
72	72	Operation of Eight-Liners."
73	73	(b) The petition must contain the following statement of the
74	74	issue to be voted on, immediately preceding the signatures of the
75	75	petitioners: "It is the purpose and intent of the petitioners whose
76	76	signatures appear on this petition to legalize the operation of
77	77	eight-liners in (name of political subdivision)."
78	78	Sec. 502.058. HEADING AND STATEMENT ON PETITION TO
79	79	PROHIBIT. (a) Each page of the petition for a local option
80	80	election to prohibit the operation of eight-liners must include the
81	81	heading: "Petition for Local Option Election to Prohibit the
82	82	Operation of Eight-Liners."
83	83	(b) The petition must contain the following statement of the
84	84	issue to be voted on, immediately preceding the signatures of the
85	85	petitioners: "It is the purpose and intent of the petitioners whose
86	86	signatures appear on this petition to prohibit the operation of
87	87	eight-liners in (name of political subdivision)."
88	88	Sec. 502.059. OFFENSE: MISREPRESENTATION OF PETITION. (a)
89	89	A person commits an offense if the person misrepresents the purpose
90	90	or effect of a petition issued under this chapter.
91	91	(b) An offense under this section is a Class B misdemeanor.
92	92	Sec. 502.060. COPIES OF PETITION; RECORDS. (a) The county
93	93	clerk shall provide the number of copies of the petition required by
94	94	the applicants provided the number of pages does not exceed one page
95	95	for every 10 registered voters of the county or of a justice
96	96	precinct or municipality in the county. Each copy must bear the
97	97	date, number, and seal on each page as required on the original
98	98	petition.
99	99	(b) The county clerk shall keep a copy of each petition and a
100	100	record of the applicants for the petition.
101	101	Sec. 502.061. VERIFICATION OF PETITION. (a) Except as
102	102	otherwise provided by Section 277.003, Election Code, the voter
103	103	registrar of the county shall check the names of the signers of
104	104	petitions and the voting precincts in which the signers reside to
105	105	determine whether the signers were qualified voters of the county
106	106	or of a justice precinct or municipality in the county at the time
107	107	the petition was issued. The registrar shall certify to the
108	108	commissioners court the number of qualified voters signing the
109	109	petition.
110	110	(b) A petition signature may not be counted unless:
111	111	(1) the signature is the actual signature of the
112	112	purported signer;
113	113	(2) the petition contains in addition to the
114	114	signature:
115	115	(A) the signer's printed name;
116	116	(B) the signer's date of birth;
117	117	(C) if the territory from which signatures must
118	118	be obtained is situated in more than one county, the county of
119	119	registration;
120	120	(D) the signer's residence address; and
121	121	(E) the date of signing; and
122	122	(3) the petition complies with any other applicable
123	123	requirements prescribed by law.
124	124	(c) The use of ditto marks or abbreviations does not
125	125	invalidate a signature if the required information is reasonably
126	126	ascertainable.
127	127	(d) The omission of the state from the signer's residence
128	128	address does not invalidate a signature unless the political
129	129	subdivision from which the signature is obtained is situated in
130	130	more than one state. The omission of the zip code from the address
131	131	does not invalidate a signature.
132	132	(e) The signature is the only entry on the petition that is
133	133	required to be in the signer's handwriting.
134	134	(f) A signer may withdraw the signer's signature by deleting
135	135	the signature from the petition or by filing with the voter
136	136	registrar an affidavit requesting that the signature be withdrawn
137	137	from the petition. A signer may not withdraw the signature from a
138	138	petition on or after the date the petition is received by the
139	139	registrar. A withdrawal affidavit filed by mail is considered to be
140	140	filed at the time of its receipt by the registrar. The withdrawal
141	141	of a signature nullifies the signature on the petition and places
142	142	the signer in the same position as if the signer had not signed the
143	143	petition.
144	144	Sec. 502.062. REQUIREMENTS TO ORDER ELECTION. (a) The
145	145	commissioners court, at its next regular session on or after the
146	146	30th day after the date the petition is filed, shall order a local
147	147	option election to be held on the issue set out in a petition that
148	148	complies with the requirements of Subsection (b).
149	149	(b) The petition must:
150	150	(1) be filed with the voter registrar not later than
151	151	the 60th day after the date the petition is issued; and
152	152	(2) bear the signatures of a number of qualified
153	153	voters of the political subdivision equal to at least 35 percent of
154	154	the registered voters of the subdivision who voted in the most
155	155	recent gubernatorial election.
156	156	(c) A voter whose name appears on the list of registered
157	157	voters with the notation "S," or a similar notation, shall be
158	158	excluded from the computation of the number of registered voters of
159	159	a particular territory.
160	160	Sec. 502.063. RECORD IN MINUTES. The commissioners court
161	161	shall enter in its minutes the date a petition is presented, the
162	162	names of the signers, and the action taken with respect to the
163	163	petition.
164	164	Sec. 502.064. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
165	165	The election order must state in its heading and text whether the
166	166	local option election to be held is for the purpose of legalizing or
167	167	prohibiting the operation of eight-liners as set out in the issue
168	168	recited in the application and petition.
169	169	(b) The order must state the issue to be voted on in the
170	170	election.
171	171	Sec. 502.065. BALLOT. The ballot in an election to legalize
172	172	or prohibit the operation of eight-liners shall be prepared to
173	173	permit voting for or against: "The legal operation of eight-liners
174	174	in (name of political subdivision)."
175	175	Sec. 502.066. EVIDENCE OF VALIDITY. The commissioners
176	176	court election order is prima facie evidence of compliance with all
177	177	provisions necessary to give the order validity or to give the
178	178	commissioners court jurisdiction to make the order valid.
179	179	Sec. 502.067. FREQUENCY OF ELECTIONS. A local option
180	180	election on a particular issue may not be held in a political
181	181	subdivision until after the first anniversary of the date of the
182	182	most recent local option election in that political subdivision on
183	183	that issue.
184	184	SUBCHAPTER C. HOLDING OF ELECTION
185	185	Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
186	186	provided by this chapter, the officers holding a local option
187	187	election shall hold the election in the manner provided by this
188	188	code.
189	189	Sec. 502.102. ELECTION PRECINCTS. (a) County election
190	190	precincts shall be used for a local option election to be held in an
191	191	entire county or in a justice precinct.
192	192	(b) Election precincts established by the governing body of
193	193	the municipality for its municipal elections shall be used for a
194	194	local option election to be held in a municipality. If the
195	195	governing body has not established precincts for its municipal
196	196	elections, the commissioners court shall prescribe the election
197	197	precincts for the local option election under the law governing
198	198	establishment of precincts for municipal elections.
199	199	Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
200	200	appear on the ballot for an election ordered by the commissioners
201	201	court must be the same as the issue applied for and set out in the
202	202	petition.
203	203	(b) The ballot must include the language required under
204	204	Section 502.065.
205	205	Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
206	206	county shall pay the expense of holding a local option election
207	207	authorized by this chapter in the county or in a justice precinct or
208	208	municipality in the county except that:
209	209	(1) if an election is to be held only within the
210	210	corporate limits of a municipality located wholly within the
211	211	county, the county may require the municipality to reimburse the
212	212	county for all or part of the expenses of holding the local option
213	213	election;
214	214	(2) county payment of the expense of an election to
215	215	legalize the operation of eight-liners is limited to the holding of
216	216	one election in a political subdivision during a one-year period;
217	217	and
218	218	(3) county payment of the expense of an election to
219	219	prohibit the operation of eight-liners is limited to the holding of
220	220	one election in a political subdivision during a one-year period.
221	221	Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
222	222	OFFENSE. (a) If a county is not required to pay the expense of a
223	223	local option election under Section 502.104, the county clerk shall
224	224	require the applicants for a petition for a local option election to
225	225	make a deposit before the issuance of the petition.
226	226	(b) The deposit must be in the form of a cashier's check in
227	227	an amount equal to 25 cents per voter listed on the current list of
228	228	registered voters residing in the county or in a justice precinct or
229	229	municipality in the county where the election is to be held.
230	230	(c) The money received shall be deposited in the county's
231	231	general fund. A refund may not be made to the applicants regardless
232	232	of whether the petition is returned to the county clerk or the
233	233	election is ordered.
234	234	(d) The county clerk may not issue a petition to the
235	235	applicants unless a deposit required by this chapter is made.
236	236	(e) A person who violates Subsection (d) commits an offense.
237	237	An offense under this subsection is a misdemeanor punishable by:
238	238	(1) a fine of not less than $200 nor more than $500;
239	239	(2) confinement in the county jail for not more than 30
240	240	days; or
241	241	(3) both the fine and confinement.
242	242	Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a)
243	243	This section applies only to an election to legalize or prohibit the
244	244	operation of eight-liners in a municipality that is located in more
245	245	than one county.
246	246	(b) An election to which this section applies shall be
247	247	conducted by the municipality instead of the counties. For the
248	248	purposes of an election conducted under this section, a reference
249	249	in this chapter to:
250	250	(1) the county is considered to refer to the
251	251	municipality;
252	252	(2) the commissioners court is considered to refer to
253	253	the governing body of the municipality;
254	254	(3) the county clerk or voter registrar is considered
255	255	to refer to the secretary of the municipality or, if the
256	256	municipality does not have a secretary, to the person performing
257	257	the functions of a secretary of the municipality; and
258	258	(4) the county judge is considered to refer to the
259	259	mayor of the municipality or, if the municipality does not have a
260	260	mayor, to the presiding officer of the governing body of the
261	261	municipality.
262	262	(c) The municipality shall pay the expense of the election.
263	263	(d) An action to contest the election under Section 502.155
264	264	may be brought in the district court of any county in which the
265	265	municipality is located.
266	266	SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
267	267	Sec. 502.151. DECLARATION OF RESULT. (a) On completing the
268	268	canvass of the election returns, the commissioners court shall
269	269	issue an order declaring the election result, and the clerk of the
270	270	commissioners court shall record the order as provided by law.
271	271	(b) In a legalization election, if a majority of the votes
272	272	cast favor legalizing the operation of eight-liners in the
273	273	political subdivision, the operation of eight-liners within the
274	274	boundaries of the political subdivision is legal on the entering of
275	275	the court's order. The legalization remains in effect until
276	276	changed by a subsequent local option election held under this
277	277	chapter.
278	278	(c) In a prohibitory election, if a majority of the votes
279	279	cast do not favor the legal operation of eight-liners in the
280	280	political subdivision, the court's order must state that the
281	281	operation of eight-liners within the boundaries of the political
282	282	subdivision is prohibited effective on the 30th day after the date
283	283	the order is entered. The prohibition remains in effect until
284	284	changed by a subsequent local option election held under this
285	285	chapter.
286	286	(d) The local option status of a political subdivision does
287	287	not change as a result of the election if:
288	288	(1) in an election described by Subsection (c), less
289	289	than a majority of the votes cast do not favor the issue; and
290	290	(2) in an election described by Subsection (b), less
291	291	than a majority of the votes cast favor the issue.
292	292	Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
293	293	commissioners court declaring an election result is prima facie
294	294	evidence that all provisions of law have been complied with in
295	295	giving notice of and holding the election, counting and returning
296	296	the votes, and declaring the result of the election.
297	297	Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
298	298	third day after the date the result of a local option election has
299	299	been declared, the county clerk shall certify the result to the
300	300	secretary of state. The clerk may not charge a fee for this
301	301	service.
302	302	Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
303	303	commissioners court order declaring the result of a local option
304	304	election and prohibiting the operation of eight-liners within the
305	305	boundaries of a political subdivision must be published by posting
306	306	the order at three public places in the political subdivision in
307	307	which the election was held.
308	308	(b) The posting of the order shall be recorded in the
309	309	minutes of the commissioners court by the county judge. The entry
310	310	in the minutes or a copy certified under the hand and seal of the
311	311	county clerk is prima facie evidence of the posting.
312	312	Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
313	313	local option laws in the political subdivision in which an election
314	314	is being contested is not suspended during an election contest.
315	315	(b) The result of an election contest finally settles all
316	316	questions relating to the validity of that election. A person may
317	317	not call the legality of that election into question again in any
318	318	other suit or proceeding.
319	319	(c) If an election contest is not timely instituted, it is
320	320	conclusively presumed that the election is valid and binding in all
321	321	respects on all courts.
322	322	SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
323	323	Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
324	324	criminal prosecution, all trial courts of this state shall take
325	325	judicial notice of whether the operation of eight-liners is legal
326	326	or prohibited in an area.
327	327	(b) In an information, complaint, or indictment, an
328	328	allegation that the operation of eight-liners is prohibited in an
329	329	area is sufficient, but a different status of the area may be urged
330	330	and proved as a defense.
331	331	Sec. 502.202. CHANGE OF STATUS. Except as provided in
332	332	Section 502.203, an authorized voting unit that has exercised or
333	333	may exercise the right of local option retains the status adopted
334	334	until that status is changed by a subsequent local option election
335	335	in the same authorized voting unit.
336	336	Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
337	337	To ensure that each voter has the maximum possible control over the
338	338	status of the operation of eight-liners in the area where the voter
339	339	resides:
340	340	(1) the status that resulted from or is the result of a
341	341	duly called election for a municipality prevails against the status
342	342	that resulted from or is the result of an election in a justice
343	343	precinct or county in which the municipality or any part of the
344	344	municipality is contained; and
345	345	(2) the status that resulted from or is the result of
346	346	an election for a justice precinct prevails against the status that
347	347	resulted from or is the result of an election in a municipality in
348	348	which the justice precinct is wholly contained or in a county in
349	349	which the justice precinct is located.
350	350	Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
351	351	local option status is in effect as the result of the vote in a
352	352	justice precinct, the status shall remain in effect until the
353	353	status is changed as the result of a vote in the same territory that
354	354	constituted the precinct when the status was established. If the
355	355	boundaries of the justice precinct have changed since the status
356	356	was established, the commissioners court shall, for purposes of a
357	357	local option election, define the boundaries of the original
358	358	precinct. A local option election may be held within the territory
359	359	defined by the commissioners court as constituting the original
360	360	precinct.
361	361	(b) Nothing in this section is intended to affect the
362	362	operation of Section 502.203.
363	363	(c) Section 502.104, relating to the payment of local option
364	364	election expenses, applies to elections held in a territory that is
365	365	defined in accordance with Subsection (a).
366	366	SECTION 2. Section 2153.002, Occupations Code, is amended
367	367	by amending Subdivisions (1), (5), and (6) and adding Subdivision
368	368	(2-a) to read as follows:
369	369	(1) "Coin-operated machine" means any kind of machine
370	370	or device operated by or with a coin or other United States
371	371	currency, metal slug, token, electronic card, or check, including a
372	372	music or skill or pleasure coin-operated machine. The term does not
373	373	include an eight-liner.
374	374	(2-a) "Eight-liner" has the meaning assigned by
375	375	Section 47.01, Penal Code.
376	376	(5) "Operator" means a person who exhibits or
377	377	displays, or permits to be exhibited or displayed, a coin-operated
378	378	machine or an eight-liner in this state in a place of business that
379	379	is not owned by the person.
380	380	(6) "Owner" means a person who owns a coin-operated
381	381	machine or an eight-liner in this state.
382	382	SECTION 3. Chapter 2153, Occupations Code, is amended by
383	383	adding Subchapter K to read as follows:
384	384	SUBCHAPTER K. FEE ON EIGHT-LINERS
385	385	Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
386	386	each eight-liner that an owner exhibits or displays, or permits to
387	387	be exhibited or displayed, in this state.
388	388	(b) The amount of the fee is $350 per year.
389	389	Sec. 2153.502. EXEMPTION. The fee imposed under this
390	390	subchapter does not apply to an owner of an eight-liner if the owner
391	391	possesses the eight-liner for resale only.
392	392	Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
393	393	first exhibited or displayed in this state after March 31 of any
394	394	year is one-fourth of the amount imposed under Section 2153.501 for
395	395	each quarter or partial quarter of the calendar year remaining
396	396	after the date the owner first exhibits or displays the
397	397	eight-liner.
398	398	Sec. 2153.504. COLLECTION. (a) The comptroller shall
399	399	collect the fee.
400	400	(b) In collecting the fee, the comptroller may:
401	401	(1) collect the fee on a quarterly basis;
402	402	(2) establish procedures for quarterly collection of
403	403	the fee; and
404	404	(3) establish dates on which the fee payment is due.
405	405	(c) An owner required to pay a fee under this section shall
406	406	pay the fee to the comptroller by cashier's check, money order, or
407	407	any other method authorized by the comptroller.
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 234.131(1), Local Government Code, is
438	438	amended to read as follows:
439	439	(1) "Amusement redemption machine" means a bona fide
440	440	amusement device as defined by Section 47.01, Penal Code, operated
441	441	in a manner that constitutes an affirmative defense under Section
442	442	47.091, Penal Code [any electronic, electromechanical, or
443	443	mechanical contrivance designed, made, and adopted for bona fide
444	444	amusement purposes that rewards the player exclusively with noncash
445	445	merchandise, prizes, toys, or novelties, or a representation of
446	446	value redeemable for those items, with a wholesale value available
447	447	from a single play of the game or device in an amount not more than
448	448	10 times the amount charged to play the game or device once or $5,
449	449	whichever amount is less].
450	450	SECTION 5. Section 47.01, Penal Code, is amended by
451	451	amending Subdivisions (4) and (9) and adding Subdivisions (10),
452	452	(11), and (12) to read as follows:
453	453	(4) "Gambling device" means any device [electronic,
454	454	electromechanical, or mechanical contrivance not excluded under
455	455	Paragraph (B)] that for [a] consideration affords the player or
456	456	user of the device an opportunity to obtain any thing [anything] of
457	457	value, the award of which is determined solely or partially by
458	458	chance, even though accompanied by some skill[, whether or not the
459	459	prize is automatically paid by the contrivance]. The term[:
460	460	[(A)] includes, but is not limited to, a gambling
461	461	device version [versions] of bingo, keno, blackjack, lottery,
462	462	roulette, video poker, or similar electronic, electromechanical,
463	463	or mechanical games, or a facsimile of any of those games
464	464	[facsimiles thereof], that:
465	465	(A) operates solely or partially [operate] by
466	466	chance;
467	467	(B) [or partially so, that] as a result of the
468	468	play or use [operation] of the game, awards [award] credits or free
469	469	games; [,] and
470	470	(C) records [that record] the number of free
471	471	games or credits [so] awarded and the cancellation or removal of the
472	472	free games or credits[; and
473	473	[(B) does not include any electronic,
474	474	electromechanical, or mechanical contrivance designed, made, and
475	475	adapted solely for bona fide amusement purposes if the contrivance
476	476	rewards the player exclusively with noncash merchandise prizes,
477	477	toys, or novelties, or a representation of value redeemable for
478	478	those items, that have a wholesale value available from a single
479	479	play of the game or device of not more than 10 times the amount
480	480	charged to play the game or device once or $5, whichever is less].
481	481	(9) "Thing of value" means any property, money, right,
482	482	privilege, or other benefit, including a representation of value
483	483	redeemable for any property, money, right, privilege, or other
484	484	benefit [but does not include an unrecorded and immediate right of
485	485	replay not exchangeable for value].
486	486	(10) "Device" includes all or part of an electronic,
487	487	electromechanical, or mechanical contrivance, machine, or
488	488	apparatus.
489	489	(11) "Eight-liner" means an electronic device capable
490	490	of simulating the play of a traditional mechanical slot machine, or
491	491	one-armed bandit, regardless of the number of lines of play on the
492	492	device, that for the payment of consideration affords a player of a
493	493	game on the device an opportunity to win a prize based solely or
494	494	partially on chance, if the prize from a single play of the game
495	495	consists of:
496	496	(A) cash in an amount of $1,500 or less; or
497	497	(B) noncash merchandise, or a representation of
498	498	value redeemable for noncash merchandise, that has a wholesale
499	499	value of $1,500 or less.
500	500	(12) "Bona fide amusement device" means a device on
501	501	which an amusement game or other activity can be played or conducted
502	502	for consideration, for which skill is the predominating requirement
503	503	for a player of the game to win or be awarded a thing of value. The
504	504	term does not include:
505	505	(A) an eight-liner; or
506	506	(B) an electronic, electromechanical, or
507	507	mechanical version of bingo, keno, blackjack, lottery, roulette,
508	508	video poker, or a similar game, or a facsimile of any of those
509	509	games, that operates solely or partially by chance.
510	510	SECTION 6. Section 47.02(c), Penal Code, is amended to read
511	511	as follows:
512	512	(c) It is a defense to prosecution under this section that
513	513	the actor reasonably believed that the conduct:
514	514	(1) was permitted under Chapter 2001, Occupations
515	515	Code;
516	516	(2) was permitted under Chapter 2002, Occupations
517	517	Code;
518	518	(3) was permitted under Chapter 2004, Occupations
519	519	Code;
520	520	(4) consisted entirely of participation in the state
521	521	lottery authorized by the State Lottery Act (Chapter 466,
522	522	Government Code);
523	523	(5) was permitted under the Texas Racing Act (Article
524	524	179e, Vernon's Texas Civil Statutes); [or]
525	525	(6) consisted entirely of participation in a drawing
526	526	for the opportunity to participate in a hunting, fishing, or other
527	527	recreational event conducted by the Parks and Wildlife Department;
528	528	or
529	529	(7) consisted entirely of operating an eight-liner in
530	530	an area in which the operation of eight-liners has been legalized by
531	531	a local option election under Chapter 502, Election Code.
532	532	SECTION 7. Section 47.03(b), Penal Code, is amended to read
533	533	as follows:
534	534	(b) An offense under this section is a Class A misdemeanor,
535	535	except that the offense is:
536	536	(1) a state jail felony if:
537	537	(A) the offense involves a device described by
538	538	Section 47.01(11) other than the monetary prize limits provided by
539	539	Sections 47.01(11)(A) and (B); and
540	540	(B) the prize for a single play of the game is
541	541	more than $1,500 but less than $20,000;
542	542	(2) a felony of the third degree if:
543	543	(A) the offense involves a device described by
544	544	Section 47.01(11) other than the monetary prize limits provided by
545	545	Sections 47.01(11)(A) and (B); and
546	546	(B) the prize for a single play of the game is at
547	547	least $20,000 but less than $100,000; or
548	548	(3) a felony of the second degree 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	$100,000 or more.
554	554	SECTION 8. Section 47.04(c), Penal Code, is amended to read
555	555	as follows:
556	556	(c) An offense under this section is a Class A misdemeanor,
557	557	except that the offense is:
558	558	(1) a state jail felony if:
559	559	(A) the offense involves a device described by
560	560	Section 47.01(11) other than the monetary prize limits provided by
561	561	Sections 47.01(11)(A) and (B); and
562	562	(B) the prize for a single play of the game is
563	563	more than $1,500 but less than $20,000;
564	564	(2) a felony of the third degree if:
565	565	(A) the offense involves a device described by
566	566	Section 47.01(11) other than the monetary prize limits provided by
567	567	Sections 47.01(11)(A) and (B); and
568	568	(B) the prize for a single play of the game is at
569	569	least $20,000 but less than $100,000; or
570	570	(3) a felony of the second degree 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	$100,000 or more.
576	576	SECTION 9. Section 47.06(e), Penal Code, is amended to read
577	577	as follows:
578	578	(e) An offense under this section is a Class A misdemeanor,
579	579	except that the offense is:
580	580	(1) a state jail felony if:
581	581	(A) the offense involves a device described by
582	582	Section 47.01(11) other than the monetary prize limits provided by
583	583	Sections 47.01(11)(A) and (B); and
584	584	(B) the prize for a single play of the game is
585	585	more than $1,500 but less than $20,000;
586	586	(2) a felony of the third degree if:
587	587	(A) the offense involves a device described by
588	588	Section 47.01(11) other than the monetary prize limits provided by
589	589	Sections 47.01(11)(A) and (B); and
590	590	(B) the prize for a single play of the game is at
591	591	least $20,000 but less than $100,000; or
592	592	(3) a felony of the second degree 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	$100,000 or more.
598	598	SECTION 10. Section 47.09(a), Penal Code, is amended to
599	599	read as follows:
600	600	(a) It is a defense to prosecution under this chapter that
601	601	the conduct:
602	602	(1) was authorized under:
603	603	(A) Chapter 2001, Occupations Code;
604	604	(B) Chapter 2002, Occupations Code;
605	605	(C) Chapter 2004, Occupations Code; or
606	606	(D) the Texas Racing Act (Article 179e, Vernon's
607	607	Texas Civil Statutes);
608	608	(2) consisted entirely of participation in the state
609	609	lottery authorized by Chapter 466, Government Code; [or]
610	610	(3) was a necessary incident to the operation of the
611	611	state lottery and was directly or indirectly authorized by:
612	612	(A) Chapter 466, Government Code;
613	613	(B) the lottery division of the Texas Lottery
614	614	Commission;
615	615	(C) the Texas Lottery Commission; or
616	616	(D) the director of the lottery division of the
617	617	Texas Lottery Commission; or
618	618	(4) consisted entirely of operating an eight-liner in
619	619	an area in which the operation of eight-liners has been legalized by
620	620	a local option election under Chapter 502, Election Code.
621	621	SECTION 11. Chapter 47, Penal Code, is amended by adding
622	622	Section 47.091 to read as follows:
623	623	Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
624	624	It is an affirmative defense to prosecution under Section 47.02
625	625	that:
626	626	(1) the conduct consists entirely of the play or use of
627	627	a bona fide amusement device; and
628	628	(2) the player or user may not win or be awarded a
629	629	thing of value for playing or using the device other than:
630	630	(A) noncash merchandise available only on the
631	631	premises where the device is located; or
632	632	(B) a ticket, coupon, or other representation of
633	633	value redeemable only on the premises where the device is located
634	634	for noncash merchandise.
635	635	(b) For purposes of Subsection (a):
636	636	(1) the noncash merchandise or representation of value
637	637	redeemable for noncash merchandise that may be won or awarded for a
638	638	single play of a game or use of the device may not have a wholesale
639	639	value of more than the lesser of:
640	640	(A) 10 times the amount charged for the single
641	641	play or use; or
642	642	(B) $5; and
643	643	(2) an item of noncash merchandise that may be won or
644	644	awarded for playing or using the device or for which a person may
645	645	redeem one or more tickets, coupons, or other representations of
646	646	value won or awarded for playing or using the device may not have a
647	647	wholesale value of more than $50.
648	648	(c) It is an affirmative defense to prosecution under
649	649	Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
650	650	necessary incident to offering, using, or maintaining one or more
651	651	bona fide amusement devices used exclusively for conduct for which
652	652	Subsection (a) provides an affirmative defense to a person playing
653	653	or using the device, including the manufacturing, transporting,
654	654	storing, or repairing of the device.
655	655	SECTION 12. Section 47.02(e), Penal Code, is repealed.
656	656	SECTION 13. (a) The change in law made by this Act applies
657	657	only to an offense committed on or after the effective date of this
658	658	Act. For purposes of this section, an offense is committed before
659	659	the effective date of this Act if any element of the offense occurs
660	660	before that date.
661	661	(b) An offense committed before the effective date of this
662	662	Act is covered by the law in effect when the offense was committed,
663	663	and the former law is continued in effect for that purpose.
664	664	SECTION 14. (a) This Act takes effect only if the
665	665	constitutional amendment proposed by the 85th Legislature, Regular
666	666	Session, 2017, authorizing local option elections to legalize or
667	667	prohibit the operation of eight-liners takes effect. If that
668	668	amendment is not approved by the voters, this Act has no effect.
669	669	(b) Subject to Subsection (a) of this section:
670	670	(1) Sections 1, 2, and 4 through 13 of this Act take
671	671	effect on the date on which the constitutional amendment described
672	672	by Subsection (a) of this section takes effect; and
673	673	(2) Section 3 of this Act takes effect January 1, 2018.