88R6414 BEE-F
By: Wu H.B. No. 1601
A BILL TO BE ENTITLED
AN ACT
relating to defenses to prosecution of the criminal offenses of
gambling, keeping a gambling place, and possession of a gambling
device, equipment, or paraphernalia and county regulation of poker
clubs; 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 poker
club member merchandise, goods, entertainment, or other services
offered on the poker club premises;
(C) accepts orders from a poker club member for
merchandise, goods, entertainment, or other services offered on the
poker club premises;
(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
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 poker club member physically present at the
poker club places a bet based on the highest or lowest ranking hand
of cards the member holds or on a combination of highest and lowest
cards the member holds;
(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 poker club members 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. 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 the
specified distance the commissioners court prescribes 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. 234.163. 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 the county adopts.
(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 county's denial, suspension, or
revocation of a license.
Sec. 234.164. FEES. A county may impose a fee on an
applicant for a license or renewal of a license required under this
subchapter. The fee must be based on the cost of processing the
application and investigating the applicant.
Sec. 234.165. INSPECTION. A county employee may inspect a
business in the county that contains one or more poker gaming tables
to determine whether the business is in compliance with this
subchapter and regulations and orders adopted under this
subchapter.
Sec. 234.166. INJUNCTION; CIVIL PENALTY. (a) A county may
apply to a district court for an injunction to prevent 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. 234.167. 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
234.162.
(b) An offense under this section is a Class A misdemeanor.
Sec. 234.168. 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. 234.169. EFFECT ON OTHER LAWS. (a) This subchapter
does not legalize any activity prohibited under the Penal Code or
other state law.
(b) A person who is subject to prosecution under Section
234.167 and any other law may be prosecuted under either or both
laws.
SECTION 2. Section 47.01(8), Penal Code, is amended to read
as follows:
(8) "Private residence [place]" means a dwelling
[place] to which the public does not have access, and excludes,
among other places, streets, highways, restaurants, taverns,
nightclubs, schools, hospitals, and the common areas of apartment
houses, hotels, motels, office buildings, transportation
facilities, and shops.
SECTION 3. Section 47.02(b), Penal Code, is amended to read
as follows:
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in:
(A) a private residence [place]; or
(B) a poker club, as defined by Section 234.161,
Local Government Code:
(i) located in and licensed by:
(a) a county that regulates poker
clubs under Subchapter F, Chapter 234, Local Government Code, and
operated in accordance with that subchapter and the county's
regulations; or
(b) a municipality that regulates
poker clubs and operated in accordance with the municipality's
regulations; or
(ii) located in a county or municipality
that does not regulate poker clubs;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
SECTION 4. Section 47.04(b), Penal Code, is amended to read
as follows:
(b) It is an affirmative defense to prosecution under this
section that:
(1) the gambling occurred in:
(A) a private residence [place]; or
(B) a poker club, as defined by Section 234.161,
Local Government Code:
(i) located in and licensed by:
(a) a county that regulates poker
clubs under Subchapter F, Chapter 234, Local Government Code, and
operated in accordance with that subchapter and the county's
regulations; or
(b) a municipality that regulates
poker clubs and operated in accordance with the municipality's
regulations; or
(ii) located in a county or municipality
that does not regulate poker clubs;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
SECTION 5. Section 47.06(d), Penal Code, is amended to read
as follows:
(d) It is a defense to prosecution under Subsections (a) and
(c) that:
(1) the device, equipment, or paraphernalia is used
for or is intended for use in gambling that is to occur entirely in:
(A) a private residence [place]; or
(B) a poker club, as defined by Section 234.161,
Local Government Code:
(i) located in and licensed by:
(a) a county that regulates poker
clubs under Subchapter F, Chapter 234, Local Government Code, and
operated in accordance with that subchapter and the county's
regulations; or
(b) a municipality that regulates
poker clubs and operated in accordance with the municipality's
regulations; or
(ii) located in a county or municipality
that does not regulate poker clubs;
(2) a person involved in the gambling does not receive
any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the
chance of winning is the same for all participants.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2023.