Texas 2023 - 88th Regular

Texas House Bill HB1601 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R6414 BEE-F
2	2	By: Wu H.B. No. 1601
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to defenses to prosecution of the criminal offenses of
8	8	gambling, keeping a gambling place, and possession of a gambling
9	9	device, equipment, or paraphernalia and county regulation of poker
10	10	clubs; providing civil penalties; authorizing an occupational
11	11	license; authorizing a fee; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 234, Local Government Code, is amended
14	14	by adding Subchapter F to read as follows:
15	15	SUBCHAPTER F. POKER CLUBS
16	16	Sec. 234.161. DEFINITIONS. In this subchapter:
17	17	(1) "Operator" means an individual who:
18	18	(A) operates a cash register, cash drawer, or
19	19	other depository on the premises of a poker club or of a business at
20	20	which is kept the money earned, or any credit card or other credit
21	21	transaction records generated, from the operation of and activities
22	22	conducted in a poker club;
23	23	(B) displays, delivers, or provides to a poker
24	24	club member merchandise, goods, entertainment, or other services
25	25	offered on the poker club premises;
26	26	(C) accepts orders from a poker club member for
27	27	merchandise, goods, entertainment, or other services offered on the
28	28	poker club premises;
29	29	(D) acts as a door attendant to regulate entry of
30	30	members or other individuals into a poker club; or
31	31	(E) supervises or manages other individuals at a
32	32	poker club in the performance of an activity listed in this
33	33	subdivision.
34	34	(2) "Poker club" means a private for-profit business
35	35	that contains one or more poker gaming tables.
36	36	(3) "Poker club owner" means a person who:
37	37	(A) has an ownership interest in, or receives the
38	38	profits from, a poker club;
39	39	(B) is a partner, director, or officer of a
40	40	business, including a company or corporation, that has an ownership
41	41	interest in a poker club;
42	42	(C) is a shareholder who holds more than 10
43	43	percent of the outstanding shares of a business, including a
44	44	company or corporation, that has an ownership interest in a poker
45	45	club;
46	46	(D) has been issued by the county clerk an
47	47	assumed name certificate for a business that owns a poker club;
48	48	(E) signs a lease for a poker club;
49	49	(F) opens an account for utilities for a poker
50	50	club;
51	51	(G) receives a certificate of occupancy or
52	52	certificate of compliance for a poker club;
53	53	(H) pays for advertising for a poker club; or
54	54	(I) signs an alarm permit for a poker club.
55	55	(4) "Poker game" means a card game in which:
56	56	(A) a poker club member physically present at the
57	57	poker club places a bet based on the highest or lowest ranking hand
58	58	of cards the member holds or on a combination of highest and lowest
59	59	cards the member holds;
60	60	(B) each member participating in the game has an
61	61	opportunity to benefit from personal winnings; and
62	62	(C) except for the advantage of skill or luck,
63	63	the risks of losing and the chances of winning are the same for all
64	64	members participating in the game.
65	65	(5) "Poker gaming table" means a recreational table at
66	66	which poker club members participate in a live poker game. The term
67	67	does not include a table that offers any video, mechanical,
68	68	electronic, or online version of a poker game.
69	69	Sec. 234.162. AUTHORITY TO REGULATE; CONFLICT OF
70	70	REGULATIONS. (a) To promote the public health, safety, and
71	71	welfare, the commissioners court of a county may regulate the
72	72	operation of poker clubs and may:
73	73	(1) restrict the location of poker clubs to specified
74	74	areas of the county, including the unincorporated area of the
75	75	county;
76	76	(2) prohibit a poker club location within the
77	77	specified distance the commissioners court prescribes of a school,
78	78	regular place of religious worship, or residential neighborhood; or
79	79	(3) restrict the number of poker clubs that may
80	80	operate in a specified area of the county.
81	81	(b) To the extent of a conflict between a county order or
82	82	regulation adopted under this subchapter and a municipal ordinance,
83	83	the county order prevails.
84	84	Sec. 234.163. LICENSE REQUIREMENT. (a) A county may
85	85	require a poker club owner or operator to obtain a license or renew
86	86	a license on a periodic basis to own or operate a poker club in the
87	87	county. An application for a license must be made in accordance
88	88	with regulations the county adopts.
89	89	(b) Regulations adopted under this section may establish
90	90	qualifications for a poker club owner or operator and provide for
91	91	the denial, suspension, or revocation of a license for violations
92	92	of this subchapter and any regulation or order adopted under this
93	93	subchapter.
94	94	(c) A district court in the county has jurisdiction of a
95	95	suit that arises from the county's denial, suspension, or
96	96	revocation of a license.
97	97	Sec. 234.164. FEES. A county may impose a fee on an
98	98	applicant for a license or renewal of a license required under this
99	99	subchapter. The fee must be based on the cost of processing the
100	100	application and investigating the applicant.
101	101	Sec. 234.165. INSPECTION. A county employee may inspect a
102	102	business in the county that contains one or more poker gaming tables
103	103	to determine whether the business is in compliance with this
104	104	subchapter and regulations and orders adopted under this
105	105	subchapter.
106	106	Sec. 234.166. INJUNCTION; CIVIL PENALTY. (a) A county may
107	107	apply to a district court for an injunction to prevent the violation
108	108	or threatened violation of a regulation or order adopted under this
109	109	subchapter.
110	110	(b) A person who violates a regulation or order adopted
111	111	under this subchapter is liable to the county for a civil penalty of
112	112	not more than $10,000 for each violation. Each day a violation
113	113	continues is considered a separate violation for purposes of
114	114	assessing the civil penalty under this subsection. A county may
115	115	bring suit in district court to recover a civil penalty authorized
116	116	by this subsection.
117	117	(c) The county is entitled to recover reasonable expenses
118	118	incurred in obtaining injunctive relief, civil penalties, or both,
119	119	under this section, including reasonable attorney's fees, court
120	120	costs, and investigatory costs.
121	121	Sec. 234.167. CRIMINAL PENALTY. (a) A person commits an
122	122	offense if the person intentionally or knowingly operates a poker
123	123	club in violation of a regulation or order adopted under Section
124	124	234.162.
125	125	(b) An offense under this section is a Class A misdemeanor.
126	126	Sec. 234.168. CUMULATIVE EFFECT. Authority under this
127	127	subchapter is cumulative of other authority a county is granted to
128	128	regulate poker clubs and does not limit that authority.
129	129	Sec. 234.169. EFFECT ON OTHER LAWS. (a) This subchapter
130	130	does not legalize any activity prohibited under the Penal Code or
131	131	other state law.
132	132	(b) A person who is subject to prosecution under Section
133	133	234.167 and any other law may be prosecuted under either or both
134	134	laws.
135	135	SECTION 2. Section 47.01(8), Penal Code, is amended to read
136	136	as follows:
137	137	(8) "Private residence [place]" means a dwelling
138	138	[place] to which the public does not have access, and excludes,
139	139	among other places, streets, highways, restaurants, taverns,
140	140	nightclubs, schools, hospitals, and the common areas of apartment
141	141	houses, hotels, motels, office buildings, transportation
142	142	facilities, and shops.
143	143	SECTION 3. Section 47.02(b), Penal Code, is amended to read
144	144	as follows:
145	145	(b) It is a defense to prosecution under this section that:
146	146	(1) the actor engaged in gambling in:
147	147	(A) a private residence [place]; or
148	148	(B) a poker club, as defined by Section 234.161,
149	149	Local Government Code:
150	150	(i) located in and licensed by:
151	151	(a) a county that regulates poker
152	152	clubs under Subchapter F, Chapter 234, Local Government Code, and
153	153	operated in accordance with that subchapter and the county's
154	154	regulations; or
155	155	(b) a municipality that regulates
156	156	poker clubs and operated in accordance with the municipality's
157	157	regulations; or
158	158	(ii) located in a county or municipality
159	159	that does not regulate poker clubs;
160	160	(2) no person received any economic benefit other than
161	161	personal winnings; and
162	162	(3) except for the advantage of skill or luck, the
163	163	risks of losing and the chances of winning were the same for all
164	164	participants.
165	165	SECTION 4. Section 47.04(b), Penal Code, is amended to read
166	166	as follows:
167	167	(b) It is an affirmative defense to prosecution under this
168	168	section that:
169	169	(1) the gambling occurred in:
170	170	(A) a private residence [place]; or
171	171	(B) a poker club, as defined by Section 234.161,
172	172	Local Government Code:
173	173	(i) located in and licensed by:
174	174	(a) a county that regulates poker
175	175	clubs under Subchapter F, Chapter 234, Local Government Code, and
176	176	operated in accordance with that subchapter and the county's
177	177	regulations; or
178	178	(b) a municipality that regulates
179	179	poker clubs and operated in accordance with the municipality's
180	180	regulations; or
181	181	(ii) located in a county or municipality
182	182	that does not regulate poker clubs;
183	183	(2) no person received any economic benefit other than
184	184	personal winnings; and
185	185	(3) except for the advantage of skill or luck, the
186	186	risks of losing and the chances of winning were the same for all
187	187	participants.
188	188	SECTION 5. Section 47.06(d), Penal Code, is amended to read
189	189	as follows:
190	190	(d) It is a defense to prosecution under Subsections (a) and
191	191	(c) that:
192	192	(1) the device, equipment, or paraphernalia is used
193	193	for or is intended for use in gambling that is to occur entirely in:
194	194	(A) a private residence [place]; or
195	195	(B) a poker club, as defined by Section 234.161,
196	196	Local Government Code:
197	197	(i) located in and licensed by:
198	198	(a) a county that regulates poker
199	199	clubs under Subchapter F, Chapter 234, Local Government Code, and
200	200	operated in accordance with that subchapter and the county's
201	201	regulations; or
202	202	(b) a municipality that regulates
203	203	poker clubs and operated in accordance with the municipality's
204	204	regulations; or
205	205	(ii) located in a county or municipality
206	206	that does not regulate poker clubs;
207	207	(2) a person involved in the gambling does not receive
208	208	any economic benefit other than personal winnings; and
209	209	(3) except for the advantage of skill or luck, the
210	210	chance of winning is the same for all participants.
211	211	SECTION 6. The changes in law made by this Act apply only to
212	212	an offense committed on or after the effective date of this Act. An
213	213	offense committed before the effective date of this Act is governed
214	214	by the law in effect on the date the offense was committed, and the
215	215	former law is continued in effect for that purpose. For purposes of
216	216	this section, an offense was committed before the effective date of
217	217	this Act if any element of the offense occurred before that date.
218	218	SECTION 7. This Act takes effect September 1, 2023.