H.B. No. 4446
AN ACT
relating to certain licensing and permitting requirements for game
rooms; authorizing an occupational permit or license; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 234.134, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A county may require that an owner or operator of a game
room obtain a license or permit or renew a license or permit on a
periodic basis to own or operate a game room in the county. An
application for a license or permit must be made in accordance with
Section 234.1341 and with regulations adopted by the county.
(a-1) A county may require that a person employed by a game
room, other than an owner or operator, obtain a license or permit or
renew a license or permit on a periodic basis to be employed by a
game room in the county. An application for a license or permit
must be made in accordance with Section 234.1342 and with
regulations adopted by the county.
SECTION 2. Subchapter E, Chapter 234, Local Government
Code, is amended by adding Sections 234.1341 and 234.1342 to read as
follows:
Sec. 234.1341. APPLICATION FOR OWNER OR OPERATOR LICENSE OR
PERMIT. (a) A county requiring a person to obtain a license or
permit to own or operate a game room in the county shall require the
person to submit a completed application as provided by this
section for issuance or renewal of the license or permit and an
application fee of $1,000 as required by the county.
(b) An application form developed by the county under this
section must require the applicant to provide the following
information:
(1) the name of the business, including a copy of the
assumed name certificate;
(2) the legal name, social security number, date of
birth, and other relevant information concerning each person who
owns at least five percent of the business or serves in a management
role for the business;
(3) the name and contact information of the owner of
the property where the game room is located;
(4) information concerning any other game room
previously or currently operated by the applicant;
(5) the applicant's fingerprints;
(6) a copy of the applicant's valid state-issued
driver's license or personal identification card and social
security card; and
(7) the applicant's consent for a criminal history
record information check of the applicant.
Sec. 234.1342. APPLICATION FOR EMPLOYEE LICENSE OR PERMIT.
(a) A county requiring a person to obtain a license or permit to be
employed by a game room in the county shall require the person to
submit a completed application as provided by this section for
issuance or renewal of the license or permit and an application fee
of $50 as required by the county.
(b) An application form developed by the county under this
section must require the applicant to provide the following
information:
(1) the person's legal name, social security number,
date of birth, and other relevant information;
(2) the person's criminal history;
(3) the applicant's fingerprints;
(4) a copy of the applicant's valid state-issued
driver's license or personal identification card and social
security card;
(5) a recent photograph of the applicant's face and a
recent photograph of the applicant's full body; and
(6) the applicant's consent for a criminal history
record information check of the applicant.
(c) A county may not issue or renew a license or permit for
an applicant who has been previously convicted of a Class B
misdemeanor or higher criminal offense.
(d) A county shall send a copy of fingerprints obtained
under this section to the Department of Public Safety to allow the
department to create a permanent record of the fingerprints in the
criminal justice information system.
SECTION 3. The changes in law made by this Act apply to a
license or permit issued or renewed on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4446 was passed by the House on May 5,
2023, by the following vote: Yeas 124, Nays 22, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4446 was passed by the Senate on May
19, 2023, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor