Texas 2021 - 87th Regular

Texas House Bill HB770 Compare Versions

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

Old	New	Differences
1	1	87R1418 ADM-F
2	2	By: Wu H.B. No. 770
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of poker clubs in certain counties;
8	8	providing civil penalties; authorizing an occupational license;
9	9	authorizing a fee; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 234, Local Government Code, is amended
12	12	by adding Subchapter F to read as follows:
13	13	SUBCHAPTER F. POKER CLUBS
14	14	Sec. 234.161. DEFINITIONS. In this subchapter:
15	15	(1) "Operator" means an individual who:
16	16	(A) operates a cash register, cash drawer, or
17	17	other depository on the premises of a poker club or of a business at
18	18	which is kept the money earned, or any credit card or other credit
19	19	transaction records generated, from the operation of and activities
20	20	conducted in a poker club;
21	21	(B) displays, delivers, or provides to a member
22	22	of a poker club merchandise, goods, entertainment, or other
23	23	services offered on the premises of the poker club;
24	24	(C) accepts orders from a member of a poker club
25	25	for merchandise, goods, entertainment, or other services offered on
26	26	the premises of the poker club;
27	27	(D) acts as a door attendant to regulate entry of
28	28	members or other individuals into a poker club; or
29	29	(E) supervises or manages other individuals at a
30	30	poker club in the performance of an activity listed in this
31	31	subdivision.
32	32	(2) "Poker club" means a private for-profit business
33	33	located in a building or place that contains one or more poker
34	34	gaming tables.
35	35	(3) "Poker club owner" means a person who:
36	36	(A) has an ownership interest in, or receives the
37	37	profits from, a poker club;
38	38	(B) is a partner, director, or officer of a
39	39	business, including a company or corporation, that has an ownership
40	40	interest in a poker club;
41	41	(C) is a shareholder who holds more than 10
42	42	percent of the outstanding shares of a business, including a
43	43	company or corporation, that has an ownership interest in a poker
44	44	club;
45	45	(D) has been issued by the county clerk an
46	46	assumed name certificate for a business that owns a poker club;
47	47	(E) signs a lease for a poker club;
48	48	(F) opens an account for utilities for a poker
49	49	club;
50	50	(G) receives a certificate of occupancy or
51	51	certificate of compliance for a poker club;
52	52	(H) pays for advertising for a poker club; or
53	53	(I) signs an alarm permit for a poker club.
54	54	(4) "Poker game" means a card game in which:
55	55	(A) a member of a poker club physically present
56	56	at the poker club places a bet based on the highest or lowest
57	57	ranking hand of cards held by the member or on a combination of
58	58	highest and lowest cards held by the member;
59	59	(B) each member participating in the game has an
60	60	opportunity to benefit from personal winnings; and
61	61	(C) except for the advantage of skill or luck,
62	62	the risks of losing and the chances of winning are the same for all
63	63	members participating in the game.
64	64	(5) "Poker gaming table" means a recreational table at
65	65	which members of a poker club participate in a live poker game. The
66	66	term does not include a table that offers any video, mechanical,
67	67	electronic, or online version of a poker game.
68	68	Sec. 234.162. APPLICABILITY. This subchapter applies only
69	69	to a county with a population of four million or more.
70	70	Sec. 234.163. AUTHORITY TO REGULATE; CONFLICT OF
71	71	REGULATIONS. (a) To promote the public health, safety, and
72	72	welfare, the commissioners court of a county may regulate the
73	73	operation of poker clubs and may:
74	74	(1) restrict the location of poker clubs to specified
75	75	areas of the county, including the unincorporated area of the
76	76	county;
77	77	(2) prohibit a poker club location within a certain
78	78	distance, prescribed by the commissioners court, of a school,
79	79	regular place of religious worship, or residential neighborhood; or
80	80	(3) restrict the number of poker clubs that may
81	81	operate in a specified area of the county.
82	82	(b) To the extent of a conflict between a county order or
83	83	regulation adopted under this subchapter and a municipal ordinance,
84	84	the county order prevails.
85	85	Sec. 234.164. LICENSE REQUIREMENT. (a) A county may
86	86	require a poker club owner or operator to obtain a license or renew
87	87	a license on a periodic basis to own or operate a poker club in the
88	88	county. An application for a license must be made in accordance with
89	89	regulations adopted by the county.
90	90	(b) Regulations adopted under this section may establish
91	91	qualifications for a poker club owner or operator and provide for
92	92	the denial, suspension, or revocation of a license for violations
93	93	of this subchapter and any regulation or order adopted under this
94	94	subchapter.
95	95	(c) A district court in the county has jurisdiction of a
96	96	suit that arises from the denial, suspension, or revocation of a
97	97	license by the county.
98	98	Sec. 234.165. FEES. A county may impose a fee on an
99	99	applicant for a license or for the renewal of the license required
100	100	under this subchapter. The fee must be based on the cost of
101	101	processing the application and investigating the applicant.
102	102	Sec. 234.166. INSPECTION. A county employee may inspect a
103	103	business containing one or more poker gaming tables in the county to
104	104	determine whether the business is in compliance with this
105	105	subchapter and regulations and orders adopted under this
106	106	subchapter.
107	107	Sec. 234.167. INJUNCTION; CIVIL PENALTY. (a) A county may
108	108	sue in district court for an injunction to prohibit the violation or
109	109	threatened violation of a regulation or order adopted under this
110	110	subchapter.
111	111	(b) A person who violates a regulation or order adopted
112	112	under this subchapter is liable to the county for a civil penalty of
113	113	not more than $10,000 for each violation. Each day a violation
114	114	continues is considered a separate violation for purposes of
115	115	assessing the civil penalty under this subsection. A county may
116	116	bring suit in district court to recover a civil penalty authorized
117	117	by this subsection.
118	118	(c) The county is entitled to recover reasonable expenses
119	119	incurred in obtaining injunctive relief, civil penalties, or both,
120	120	under this section, including reasonable attorney's fees, court
121	121	costs, and investigatory costs.
122	122	Sec. 234.168. CRIMINAL PENALTY. (a) A person commits an
123	123	offense if the person intentionally or knowingly operates a poker
124	124	club in violation of a regulation or order adopted under Section
125	125	234.163.
126	126	(b) An offense under this section is a Class A misdemeanor.
127	127	Sec. 234.169. CUMULATIVE EFFECT. Authority under this
128	128	subchapter is cumulative of other authority a county is granted to
129	129	regulate poker clubs and does not limit that authority.
130	130	Sec. 234.170. EFFECT ON OTHER LAWS. (a) This subchapter
131	131	does not legalize any activity prohibited under the Penal Code or
132	132	other state law.
133	133	(b) A person's compliance with this subchapter, including
134	134	operating a poker club under a license issued under this chapter, is
135	135	not a defense to prosecution for an offense under Chapter 47, Penal
136	136	Code.
137	137	(c) A person who is subject to prosecution under Section
138	138	234.168 and any other law may be prosecuted under either or both
139	139	laws.
140	140	SECTION 2. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2021.