Bill Text: TX HB137 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the information reported to the comptroller by a coin-operated machine license holder, the penalty for failure to report that information, the penalty for gambling promotion, and the prosecution of certain gambling offenses.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-15 - Referred to Criminal Justice [HB137 Detail]
Download: Texas-2013-HB137-Engrossed.html
By: Raymond, Miller of Fort Bend | H.B. No. 137 |
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relating to the information reported to the comptroller by a | ||
coin-operated machine license holder, the penalty for failure to | ||
report that information, the penalty for gambling promotion, and | ||
the prosecution of certain gambling offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2153.202, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A license holder shall maintain a record of and report | ||
to the comptroller information relating to each music or skill or | ||
pleasure coin-operated machine owned, possessed, or controlled by | ||
the license holder, including: | ||
(1) the make, type, and serial number of each machine; | ||
(2) the date each machine is placed in operation; | ||
(3) the dates of the first and most recent | ||
registration of each machine; | ||
(4) the specific location of each machine; [ |
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(5) the name and address of the owner of the machine; | ||
(6) except as provided by Subsection (a-1), the name | ||
and address of any person other than the owner who has a financial | ||
interest in the proceeds of the machine; and | ||
(7) any change in machine ownership. | ||
(a-1) A corporate license holder is not required to maintain | ||
a record of or report the name and address of a shareholder who | ||
holds less than 10 percent of the shares in the license holder's | ||
corporation. | ||
SECTION 2. Section 2153.358(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is a Class A [ |
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misdemeanor. | ||
SECTION 3. Section 47.03(b), Penal Code, is amended to read | ||
as follows: | ||
(b) An offense under this section is a state jail felony | ||
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SECTION 4. Chapter 47, Penal Code, is amended by adding | ||
Section 47.11 to read as follows: | ||
Sec. 47.11. ATTORNEY GENERAL MAY PROSECUTE CERTAIN GAMBLING | ||
OFFENSES. The attorney general has concurrent jurisdiction with | ||
the local prosecutor to prosecute an offense under this section | ||
that involves an electric or electromechanical gambling device not | ||
excluded from the definition of gambling device by Section | ||
47.01(4)(B). | ||
SECTION 5. Section 71.02(a), Penal Code, as amended by | ||
Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is reenacted and amended to | ||
read as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, forgery, deadly conduct, assault punishable as a Class A | ||
misdemeanor, burglary of a motor vehicle, or unauthorized use of a | ||
motor vehicle; | ||
(2) any gambling offense punishable as a felony or as a | ||
Class A misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
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(17) any offense under Section 20.05; or | ||
(18) [ |
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the Tax Code. | ||
SECTION 6. (a) The change in law made by this Act to Section | ||
2153.202, Occupations Code, applies to a record maintained or | ||
reported under that section on or after the effective date of this | ||
Act. | ||
(b) The changes in law made by this Act to Section 2153.358, | ||
Occupations Code, and Sections 47.03 and 71.02, Penal Code, 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 when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this subsection, 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, 2013. |