1 | 1 | | H.B. No. 4446 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to certain licensing and permitting requirements for game |
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6 | 6 | | rooms; authorizing an occupational permit or license; authorizing a |
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7 | 7 | | fee. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 234.134, Local Government Code, is |
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10 | 10 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) A county may require that an owner or operator of a game |
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13 | 13 | | room obtain a license or permit or renew a license or permit on a |
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14 | 14 | | periodic basis to own or operate a game room in the county. An |
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15 | 15 | | application for a license or permit must be made in accordance with |
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16 | 16 | | Section 234.1341 and with regulations adopted by the county. |
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17 | 17 | | (a-1) A county may require that a person employed by a game |
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18 | 18 | | room, other than an owner or operator, obtain a license or permit or |
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19 | 19 | | renew a license or permit on a periodic basis to be employed by a |
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20 | 20 | | game room in the county. An application for a license or permit |
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21 | 21 | | must be made in accordance with Section 234.1342 and with |
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22 | 22 | | regulations adopted by the county. |
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23 | 23 | | SECTION 2. Subchapter E, Chapter 234, Local Government |
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24 | 24 | | Code, is amended by adding Sections 234.1341 and 234.1342 to read as |
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25 | 25 | | follows: |
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26 | 26 | | Sec. 234.1341. APPLICATION FOR OWNER OR OPERATOR LICENSE OR |
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27 | 27 | | PERMIT. (a) A county requiring a person to obtain a license or |
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28 | 28 | | permit to own or operate a game room in the county shall require the |
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29 | 29 | | person to submit a completed application as provided by this |
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30 | 30 | | section for issuance or renewal of the license or permit and an |
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31 | 31 | | application fee of $1,000 as required by the county. |
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32 | 32 | | (b) An application form developed by the county under this |
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33 | 33 | | section must require the applicant to provide the following |
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34 | 34 | | information: |
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35 | 35 | | (1) the name of the business, including a copy of the |
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36 | 36 | | assumed name certificate; |
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37 | 37 | | (2) the legal name, social security number, date of |
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38 | 38 | | birth, and other relevant information concerning each person who |
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39 | 39 | | owns at least five percent of the business or serves in a management |
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40 | 40 | | role for the business; |
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41 | 41 | | (3) the name and contact information of the owner of |
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42 | 42 | | the property where the game room is located; |
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43 | 43 | | (4) information concerning any other game room |
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44 | 44 | | previously or currently operated by the applicant; |
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45 | 45 | | (5) the applicant's fingerprints; |
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46 | 46 | | (6) a copy of the applicant's valid state-issued |
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47 | 47 | | driver's license or personal identification card and social |
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48 | 48 | | security card; and |
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49 | 49 | | (7) the applicant's consent for a criminal history |
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50 | 50 | | record information check of the applicant. |
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51 | 51 | | Sec. 234.1342. APPLICATION FOR EMPLOYEE LICENSE OR PERMIT. |
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52 | 52 | | (a) A county requiring a person to obtain a license or permit to be |
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53 | 53 | | employed by a game room in the county shall require the person to |
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54 | 54 | | submit a completed application as provided by this section for |
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55 | 55 | | issuance or renewal of the license or permit and an application fee |
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56 | 56 | | of $50 as required by the county. |
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57 | 57 | | (b) An application form developed by the county under this |
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58 | 58 | | section must require the applicant to provide the following |
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59 | 59 | | information: |
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60 | 60 | | (1) the person's legal name, social security number, |
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61 | 61 | | date of birth, and other relevant information; |
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62 | 62 | | (2) the person's criminal history; |
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63 | 63 | | (3) the applicant's fingerprints; |
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64 | 64 | | (4) a copy of the applicant's valid state-issued |
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65 | 65 | | driver's license or personal identification card and social |
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66 | 66 | | security card; |
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67 | 67 | | (5) a recent photograph of the applicant's face and a |
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68 | 68 | | recent photograph of the applicant's full body; and |
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69 | 69 | | (6) the applicant's consent for a criminal history |
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70 | 70 | | record information check of the applicant. |
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71 | 71 | | (c) A county may not issue or renew a license or permit for |
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72 | 72 | | an applicant who has been previously convicted of a Class B |
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73 | 73 | | misdemeanor or higher criminal offense. |
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74 | 74 | | (d) A county shall send a copy of fingerprints obtained |
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75 | 75 | | under this section to the Department of Public Safety to allow the |
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76 | 76 | | department to create a permanent record of the fingerprints in the |
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77 | 77 | | criminal justice information system. |
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78 | 78 | | SECTION 3. The changes in law made by this Act apply to a |
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79 | 79 | | license or permit issued or renewed on or after the effective date |
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80 | 80 | | of this Act. |
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81 | 81 | | SECTION 4. This Act takes effect September 1, 2023. |
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82 | 82 | | ______________________________ ______________________________ |
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83 | 83 | | President of the Senate Speaker of the House |
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84 | 84 | | I certify that H.B. No. 4446 was passed by the House on May 5, |
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85 | 85 | | 2023, by the following vote: Yeas 124, Nays 22, 1 present, not |
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86 | 86 | | voting. |
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87 | 87 | | ______________________________ |
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88 | 88 | | Chief Clerk of the House |
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89 | 89 | | I certify that H.B. No. 4446 was passed by the Senate on May |
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90 | 90 | | 19, 2023, by the following vote: Yeas 27, Nays 4. |
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91 | 91 | | ______________________________ |
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92 | 92 | | Secretary of the Senate |
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93 | 93 | | APPROVED: _____________________ |
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94 | 94 | | Date |
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95 | 95 | | _____________________ |
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96 | 96 | | Governor |
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