87R1418 ADM-F
By: Wu H.B. No. 770
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of poker clubs in certain counties;
providing civil penalties; authorizing an occupational license;
authorizing a fee; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 234, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. POKER CLUBS
Sec. 234.161. DEFINITIONS. In this subchapter:
(1) "Operator" means an individual who:
(A) operates a cash register, cash drawer, or
other depository on the premises of a poker club or of a business at
which is kept the money earned, or any credit card or other credit
transaction records generated, from the operation of and activities
conducted in a poker club;
(B) displays, delivers, or provides to a member
of a poker club merchandise, goods, entertainment, or other
services offered on the premises of the poker club;
(C) accepts orders from a member of a poker club
for merchandise, goods, entertainment, or other services offered on
the premises of the poker club;
(D) acts as a door attendant to regulate entry of
members or other individuals into a poker club; or
(E) supervises or manages other individuals at a
poker club in the performance of an activity listed in this
subdivision.
(2) "Poker club" means a private for-profit business
located in a building or place that contains one or more poker
gaming tables.
(3) "Poker club owner" means a person who:
(A) has an ownership interest in, or receives the
profits from, a poker club;
(B) is a partner, director, or officer of a
business, including a company or corporation, that has an ownership
interest in a poker club;
(C) is a shareholder who holds more than 10
percent of the outstanding shares of a business, including a
company or corporation, that has an ownership interest in a poker
club;
(D) has been issued by the county clerk an
assumed name certificate for a business that owns a poker club;
(E) signs a lease for a poker club;
(F) opens an account for utilities for a poker
club;
(G) receives a certificate of occupancy or
certificate of compliance for a poker club;
(H) pays for advertising for a poker club; or
(I) signs an alarm permit for a poker club.
(4) "Poker game" means a card game in which:
(A) a member of a poker club physically present
at the poker club places a bet based on the highest or lowest
ranking hand of cards held by the member or on a combination of
highest and lowest cards held by the member;
(B) each member participating in the game has an
opportunity to benefit from personal winnings; and
(C) except for the advantage of skill or luck,
the risks of losing and the chances of winning are the same for all
members participating in the game.
(5) "Poker gaming table" means a recreational table at
which members of a poker club participate in a live poker game. The
term does not include a table that offers any video, mechanical,
electronic, or online version of a poker game.
Sec. 234.162. APPLICABILITY. This subchapter applies only
to a county with a population of four million or more.
Sec. 234.163. AUTHORITY TO REGULATE; CONFLICT OF
REGULATIONS. (a) To promote the public health, safety, and
welfare, the commissioners court of a county may regulate the
operation of poker clubs and may:
(1) restrict the location of poker clubs to specified
areas of the county, including the unincorporated area of the
county;
(2) prohibit a poker club location within a certain
distance, prescribed by the commissioners court, of a school,
regular place of religious worship, or residential neighborhood; or
(3) restrict the number of poker clubs that may
operate in a specified area of the county.
(b) To the extent of a conflict between a county order or
regulation adopted under this subchapter and a municipal ordinance,
the county order prevails.
Sec. 234.164. LICENSE REQUIREMENT. (a) A county may
require a poker club owner or operator to obtain a license or renew
a license on a periodic basis to own or operate a poker club in the
county. An application for a license must be made in accordance with
regulations adopted by the county.
(b) Regulations adopted under this section may establish
qualifications for a poker club owner or operator and provide for
the denial, suspension, or revocation of a license for violations
of this subchapter and any regulation or order adopted under this
subchapter.
(c) A district court in the county has jurisdiction of a
suit that arises from the denial, suspension, or revocation of a
license by the county.
Sec. 234.165. FEES. A county may impose a fee on an
applicant for a license or for the renewal of the license required
under this subchapter. The fee must be based on the cost of
processing the application and investigating the applicant.
Sec. 234.166. INSPECTION. A county employee may inspect a
business containing one or more poker gaming tables in the county to
determine whether the business is in compliance with this
subchapter and regulations and orders adopted under this
subchapter.
Sec. 234.167. INJUNCTION; CIVIL PENALTY. (a) A county may
sue in district court for an injunction to prohibit the violation or
threatened violation of a regulation or order adopted under this
subchapter.
(b) A person who violates a regulation or order adopted
under this subchapter is liable to the county for a civil penalty of
not more than $10,000 for each violation. Each day a violation
continues is considered a separate violation for purposes of
assessing the civil penalty under this subsection. A county may
bring suit in district court to recover a civil penalty authorized
by this subsection.
(c) The county is entitled to recover reasonable expenses
incurred in obtaining injunctive relief, civil penalties, or both,
under this section, including reasonable attorney's fees, court
costs, and investigatory costs.
Sec. 234.168. CRIMINAL PENALTY. (a) A person commits an
offense if the person intentionally or knowingly operates a poker
club in violation of a regulation or order adopted under Section
234.163.
(b) An offense under this section is a Class A misdemeanor.
Sec. 234.169. CUMULATIVE EFFECT. Authority under this
subchapter is cumulative of other authority a county is granted to
regulate poker clubs and does not limit that authority.
Sec. 234.170. EFFECT ON OTHER LAWS. (a) This subchapter
does not legalize any activity prohibited under the Penal Code or
other state law.
(b) A person's compliance with this subchapter, including
operating a poker club under a license issued under this chapter, is
not a defense to prosecution for an offense under Chapter 47, Penal
Code.
(c) A person who is subject to prosecution under Section
234.168 and any other law may be prosecuted under either or both
laws.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.