Texas 2023 - 88th Regular

Texas Senate Bill SB2100

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

This legislative measure significantly changes how poker clubs are enacted and overseen at the county level. It empowers county commissioners to set regulations that may prohibit or restrict the operation of poker clubs based on the needs of their communities. Additionally, the bill includes penalties and civil liabilities for violations of county regulations, thereby enabling local governments to enforce compliance. Importantly, this acts as a potential shift towards localized governance of gambling, which could result in various regulatory frameworks across the state, impacting how poker clubs operate and are perceived in different counties.

Summary

Senate Bill 2100 aims to amend various provisions concerning the regulation of poker clubs and defenses to prosecution for certain gambling-related offenses in Texas. The bill provides local governments with the authority to regulate poker clubs, including issuing licenses for operations within their jurisdictions. By establishing specific guidelines, such as restricting the location of poker clubs near schools or residential areas, the bill seeks to promote public health, safety, and welfare while addressing the growing popularity and complexities surrounding gambling in the state.

Sentiment

The sentiment around SB 2100 appears to be mixed but leans toward support by those who advocate for local control and regulation of gambling activities. Supporters argue that by giving counties the authority to regulate poker clubs, it enhances the ability for communities to manage gambling responsibly and address community-specific concerns. However, detractors may express concerns about the implications for illegal gambling and the potential for corruption or influence by local officials. Overall, the discussions indicate a recognition of the need for regulatory clarity in an area that has historically been fraught with ambiguity.

Contention

Notable points of contention include the balance of power between state and local regulations, especially in the context of gambling, which has long been a contentious issue in Texas. While some legislators support the idea of local governance, others worry that it could lead to inconsistencies in regulations that businesses would have to navigate. Additionally, there may be resistance from groups who view the expansion of poker clubs as a potential societal risk, raising concerns about addiction and related issues. Thus, while the bill aims to simplify and clarify gambling laws, it also opens up a broader debate on local versus state governance in regulatory matters.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 234. County Regulation Of Businesses And Occupations
    • Section: New Section

Penal Code

  • Chapter 47. Gambling
    • Section: 01
    • Section: 02
    • Section: 04
    • Section: 06

Companion Bills

TX HB1601

Identical 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.

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