Bill Text: TX HB647 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to local option elections to legalize or prohibit the operation of eight-liners; imposing fees; creating criminal offenses; increasing criminal penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-03-01 - Referred to State Affairs [HB647 Detail]

Download: Texas-2021-HB647-Introduced.html
  87R592 ADM-F
 
  By: Raymond H.B. No. 647
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local option elections to legalize or prohibit the
  operation of eight-liners; imposing fees; creating criminal
  offenses; increasing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 17, Election Code, is amended by adding
  Chapter 502 to read as follows:
  CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF
  EIGHT-LINERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 502.001.  DEFINITION. In this chapter, "eight-liner"
  has the meaning assigned by Section 47.01, Penal Code.
  SUBCHAPTER B. MANNER OF CALLING ELECTION
         Sec. 502.051.  ELECTION BY PETITION. On proper petition by
  the required number of voters of a county or of a justice precinct
  or municipality in the county, the commissioners court of the
  county shall order a local option election in the political
  subdivision specified in the petition to legalize or prohibit the
  operation of eight-liners in the political subdivision.
         Sec. 502.052.  QUALIFICATION FOR POLITICAL SUBDIVISION TO
  HOLD ELECTION. A political subdivision must have been in existence
  for at least 18 months before a local option election to legalize or
  prohibit the operation of eight-liners in the political subdivision
  may be held.
         Sec. 502.053.  APPLICATION FOR PETITION. (a) If 10 or more
  qualified voters of any county or any justice precinct or
  municipality within the county file with the county clerk a written
  application and provide proof of publication of notice in a
  newspaper of general circulation in that political subdivision, the
  county clerk shall issue to the applicants a petition to be
  circulated among and signed by the qualified voters of the
  political subdivision requesting that a local option election be
  called to determine whether to legalize or prohibit the operation
  of eight-liners in the political subdivision.
         (b)  Not later than the fifth day after the date the petition
  is issued, the county clerk shall notify the secretary of state of
  the petition's issuance.
         Sec. 502.054.  CONTENTS OF APPLICATION FOR PETITION TO
  LEGALIZE. (a) An application for a petition requesting an election
  to legalize the operation of eight-liners must include the heading:
  "Application for Local Option Election Petition to Legalize the
  Operation of Eight-Liners."
         (b)  The application must contain the following statement of
  the issue to be voted on, immediately preceding the signatures of
  the applicants: "It is the purpose and intent of the applicants
  whose signatures appear on this application to legalize the
  operation of eight-liners in (name of political subdivision)."
         Sec. 502.055.  CONTENTS OF APPLICATION FOR PETITION TO
  PROHIBIT. (a) An application for a petition requesting an election
  to prohibit the operation of eight-liners must include the heading:
  "Application for Local Option Election Petition to Prohibit the
  Operation of Eight-Liners."
         (b)  The application must contain the following statement of
  the issue to be voted on, immediately preceding the signatures of
  the applicants: "It is the purpose and intent of the applicants
  whose signatures appear on this application to prohibit the
  operation of eight-liners in (name of political subdivision)."
         Sec. 502.056.  PETITION REQUIREMENTS. A petition must
  include the date the petition is issued by the county clerk and be
  serially numbered. Each page of the petition must bear the same
  date and serial number and the actual seal of the county clerk
  rather than a facsimile of that seal.
         Sec. 502.057.  HEADING AND STATEMENT ON PETITION TO
  LEGALIZE. (a) Each page of the petition for a local option
  election to legalize the operation of eight-liners must include the
  heading: "Petition for Local Option Election to Legalize the
  Operation of Eight-Liners."
         (b)  The petition must contain the following statement of the
  issue to be voted on, immediately preceding the signatures of the
  petitioners: "It is the purpose and intent of the petitioners whose
  signatures appear on this petition to legalize the operation of
  eight-liners in (name of political subdivision)."
         Sec. 502.058.  HEADING AND STATEMENT ON PETITION TO
  PROHIBIT. (a) Each page of the petition for a local option
  election to prohibit the operation of eight-liners must include the
  heading: "Petition for Local Option Election to Prohibit the
  Operation of Eight-Liners."
         (b)  The petition must contain the following statement of the
  issue to be voted on, immediately preceding the signatures of the
  petitioners: "It is the purpose and intent of the petitioners whose
  signatures appear on this petition to prohibit the operation of
  eight-liners in (name of political subdivision)."
         Sec. 502.059.  OFFENSE: MISREPRESENTATION OF PETITION. (a)
  A person commits an offense if the person misrepresents the purpose
  or effect of a petition issued under this chapter.
         (b)  An offense under this section is a Class B misdemeanor.
         Sec. 502.060.  COPIES OF PETITION; RECORDS. (a) The county
  clerk shall provide the number of copies of the petition required by
  the applicants provided that number does not exceed one page for
  every 10 registered voters of the county or of a justice precinct or
  municipality in the county. Each copy must bear the date, number,
  and seal on each page as required on the original petition.
         (b)  The county clerk shall keep a copy of each petition and a
  record of the applicants for the petition.
         Sec. 502.061.  VERIFICATION OF PETITION. (a) Except as
  otherwise provided by Section 277.003, the voter registrar of the
  county shall check the names of the signers of petitions and the
  voting precincts in which the signers reside to determine whether
  the signers were qualified voters of the county, justice precinct,
  or municipality at the time the petition was issued. The registrar
  shall certify to the commissioners court the number of qualified
  voters signing the petition.
         (b)  A petition signature may not be counted unless:
               (1)  the signature is the actual signature of the
  purported signer;
               (2)  the petition contains in addition to the
  signature:
                     (A)  the signer's printed name;
                     (B)  the signer's date of birth;
                     (C)  if the territory from which signatures must
  be obtained is situated in more than one county, the county of
  registration;
                     (D)  the signer's residence address; and
                     (E)  the date of signing; and
               (3)  the petition complies with any other applicable
  requirements prescribed by law.
         (c)  The use of ditto marks or abbreviations does not
  invalidate a signature if the required information is reasonably
  ascertainable.
         (d)  The omission of the state from the signer's residence
  address does not invalidate a signature unless the political
  subdivision from which the signature is obtained is situated in
  more than one state. The omission of the zip code from the address
  does not invalidate a signature.
         (e)  The signature is the only entry on the petition that is
  required to be in the signer's handwriting.
         (f)  A signer may withdraw the signer's signature by deleting
  the signature from the petition or by filing with the voter
  registrar an affidavit requesting that the signature be withdrawn
  from the petition. A signer may not withdraw the signature from a
  petition on or after the date the petition is received by the
  registrar. A withdrawal affidavit filed by mail is considered to be
  filed at the time of its receipt by the registrar. The withdrawal
  of a signature nullifies the signature on the petition and places
  the signer in the same position as if the signer had not signed the
  petition.
         Sec. 502.062.  REQUIREMENTS TO ORDER ELECTION. (a) The
  commissioners court, at its next regular session on or after the
  30th day after the date a petition is filed, shall order a local
  option election to be held on the issue set out in the petition that
  complies with the requirements of Subsection (b).
         (b)  The petition must:
               (1)  be filed with the voter registrar not later than
  the 60th day after the date the petition is issued; and
               (2)  bear the signatures of a number of qualified
  voters of the political subdivision equal to at least 35 percent of
  the registered voters of the subdivision who voted in the most
  recent gubernatorial election.
         (c)  A voter whose name appears on the list of registered
  voters with the notation "S," or a similar notation, shall be
  excluded from the computation of the number of registered voters of
  a particular territory.
         Sec. 502.063.  RECORD IN MINUTES. The commissioners court
  shall enter in its minutes the date a petition is presented, the
  names of the signers, and the action taken with respect to the
  petition.
         Sec. 502.064.  ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
  The election order must state in its heading and text whether the
  local option election to be held is for the purpose of legalizing or
  prohibiting the operation of eight-liners as set out in the issue
  recited in the application and petition.
         (b)  The order must state the issue to be voted on in the
  election.
         Sec. 502.065.  BALLOT. The ballot in an election to legalize
  or prohibit the operation of eight-liners shall be prepared to
  permit voting for or against: "The legal operation of eight-liners
  in (name of political subdivision)."
         Sec. 502.066.  EVIDENCE OF VALIDITY. The commissioners
  court election order is prima facie evidence of compliance with all
  provisions necessary to give the order validity or to give the
  commissioners court jurisdiction to make the order valid.
         Sec. 502.067.  FREQUENCY OF ELECTIONS. A local option
  election on a particular issue may not be held in a political
  subdivision until after the first anniversary of the date of the
  most recent local option election in that political subdivision on
  that issue.
  SUBCHAPTER C. HOLDING OF ELECTION
         Sec. 502.101.  APPLICABILITY OF ELECTION CODE. Except as
  provided by this chapter, the officers holding a local option
  election shall hold the election in the manner provided by this
  code.
         Sec. 502.102.  ELECTION PRECINCTS. (a) County election
  precincts shall be used for a local option election to be held in an
  entire county or in a justice precinct.
         (b)  Election precincts established by the governing body of
  the municipality for its municipal elections shall be used for a
  local option election to be held in a municipality. If the
  governing body has not established precincts for its municipal
  elections, the commissioners court of the county in which the
  municipality is located shall prescribe the election precincts for
  the local option election under the law governing establishment of
  precincts for municipal elections.
         Sec. 502.103.  ISSUE ON BALLOT. (a) The issue ordered to
  appear on the ballot for an election ordered by the commissioners
  court must be the same as the issue applied for and set out in the
  petition.
         (b)  The ballot must include the language required by Section
  502.065.
         Sec. 502.104.  COUNTY PAYMENT OF ELECTION EXPENSES. The
  county shall pay the expense of holding a local option election
  authorized by this chapter in the county or in a justice precinct or
  municipality in the county except that:
               (1)  if an election is to be held only within the
  corporate limits of a municipality located wholly within the
  county, the county may require the municipality to reimburse the
  county for all or part of the expenses of holding the local option
  election;
               (2)  county payment of the expense of an election to
  legalize the operation of eight-liners is limited to the holding of
  one election in a political subdivision during a one-year period;
  and
               (3)  county payment of the expense of an election to
  prohibit the operation of eight-liners is limited to the holding of
  one election in a political subdivision during a one-year period.
         Sec. 502.105.  DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
  OFFENSE. (a) If a county is not required to pay the expense of a
  local option election under Section 502.104, the county clerk shall
  require the applicants for a petition for a local option election to
  make a deposit before the issuance of the petition.
         (b)  The deposit must be in the form of a cashier's check in
  an amount equal to 25 cents per voter listed on the current list of
  registered voters residing in the county or in a justice precinct or
  municipality in the county where the election is to be held.
         (c)  The money received shall be deposited in the county's
  general fund. A refund may not be made to the applicants regardless
  of whether the petition is returned to the county clerk or the
  election is ordered.
         (d)  The county clerk may not issue a petition to the
  applicants unless a deposit required by this chapter is made.
         (e)  A person who violates Subsection (d) commits an offense.
  An offense under this subsection is a misdemeanor punishable by:
               (1)  a fine of not less than $200 nor more than $500;
               (2)  confinement in the county jail for not more than 30
  days; or
               (3)  both the fine and confinement.
         Sec. 502.106.  ELECTION IN CERTAIN MUNICIPALITIES. (a)
  This section applies only to an election to legalize or prohibit the
  operation of eight-liners in a municipality located in more than
  one county.
         (b)  An election to which this section applies shall be
  conducted by the municipality instead of the counties. For the
  purposes of an election conducted under this section, a reference
  in this chapter to:
               (1)  the county is considered to refer to the
  municipality;
               (2)  the commissioners court is considered to refer to
  the governing body of the municipality;
               (3)  the county clerk or voter registrar is considered
  to refer to the secretary of the municipality or, if the
  municipality does not have a secretary, to the person performing
  the functions of a secretary of the municipality; and
               (4)  the county judge is considered to refer to the
  mayor of the municipality or, if the municipality does not have a
  mayor, to the presiding officer of the governing body of the
  municipality.
         (c)  The municipality shall pay the expense of the election.
         (d)  An action to contest the election under Section 502.155
  may be brought in the district court of any county in which the
  municipality is located.
  SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
         Sec. 502.151.  DECLARATION OF RESULT. (a) On completing the
  canvass of the election returns, the commissioners court shall
  issue an order declaring the election result, and the clerk of the
  commissioners court shall record the order as provided by law.
         (b)  In a legalization election, if a majority of the votes
  cast favor legalizing the operation of eight-liners in the
  political subdivision, the operation of eight-liners within the
  boundaries of the political subdivision is legal on the entering of
  the court's order. The legalization remains in effect until
  changed by a subsequent local option election held under this
  chapter.
         (c)  In a prohibitory election, if a majority of the votes
  cast favor prohibiting the legal operation of eight-liners in the
  political subdivision, the court's order must state that the
  operation of eight-liners within the boundaries of the political
  subdivision is prohibited effective on the 30th day after the date
  the order is entered. The prohibition remains in effect until
  changed by a subsequent local option election held under this
  chapter.
         (d)  The local option status of a political subdivision does
  not change as a result of the election if less than a majority of the
  votes cast favor the issue.
         Sec. 502.152.  ORDER PRIMA FACIE EVIDENCE. The order of the
  commissioners court declaring an election result is prima facie
  evidence that all provisions of law have been complied with in
  giving notice of and holding the election, counting and returning
  the votes, and declaring the result of the election.
         Sec. 502.153.  CERTIFICATION OF RESULT. Not later than the
  third day after the date the result of a local option election has
  been declared, the county clerk shall certify the result to the
  secretary of state. The clerk may not charge a fee for this
  service.
         Sec. 502.154.  POSTING ORDER PROHIBITING OPERATION. (a) A
  commissioners court order declaring the result of a local option
  election and prohibiting the operation of eight-liners within the
  boundaries of a political subdivision must be published by posting
  the order at three public places in the political subdivision in
  which the election was held.
         (b)  The county judge shall record the posting of the order
  in the minutes of the commissioners court. The entry in the minutes
  or a copy certified under the hand and seal of the county clerk is
  prima facie evidence of the posting.
         Sec. 502.155.  ELECTION CONTEST. (a) The enforcement of
  local option laws in the political subdivision in which an election
  is being contested is not suspended during an election contest.
         (b)  The result of an election contest finally settles all
  questions relating to the validity of that election. A person may
  not call the legality of that election into question again in any
  other suit or proceeding.
         (c)  If an election contest is not timely instituted, it is
  conclusively presumed that the election is valid and binding in all
  respects on all courts.
  SUBCHAPTER E. LOCAL OPTION STATUS; PRECINCT BOUNDARIES
         Sec. 502.201.  LOCAL OPTION STATUS OF AREA. (a) In a
  criminal prosecution, all trial courts of this state shall take
  judicial notice of whether the operation of eight-liners is legal
  or prohibited in an area.
         (b)  In an information, complaint, or indictment, an
  allegation that the operation of eight-liners is prohibited in an
  area is sufficient, but a different status of the area may be urged
  and proved as a defense.
         Sec. 502.202.  CHANGE OF STATUS. Except as provided in
  Section 502.203, a political subdivision that has exercised or may
  exercise the right of local option to legalize or prohibit the
  operation of eight-liners retains the status adopted until that
  status is changed by a subsequent local option election in the same
  political subdivision.
         Sec. 502.203.  PREVAILING STATUS: RESOLUTION OF CONFLICTS.
  To ensure that each voter has the maximum possible control over the
  status of the operation of eight-liners in the area where the voter
  resides:
               (1)  the status that resulted from or is the result of a
  duly called election for a municipality prevails against the status
  that resulted from or is the result of an election in the county in
  which the municipality or any part of the municipality is located;
  and
               (2)  the status that resulted from or is the result of
  an election for a justice precinct prevails against the status that
  resulted from or is the result of an election in a municipality in
  which the justice precinct is wholly contained or in a county in
  which the justice precinct is located.
         Sec. 502.204.  CHANGE IN PRECINCT BOUNDARIES. (a) When a
  local option status is in effect as the result of the vote in a
  justice precinct, the status shall remain in effect until the
  status is changed as the result of a vote in the same territory that
  constituted the precinct when the status was established. If the
  boundaries of the justice precinct have changed since the status
  was established, the commissioners court shall, for purposes of a
  local option election, define the boundaries of the original
  precinct. A local option election may be held within the territory
  defined by the commissioners court as constituting the original
  precinct.
         (b)  Nothing in this section is intended to affect the
  operation of Section 502.203.
         (c)  Section 502.104, relating to the payment of local option
  election expenses, applies to elections held in a territory that is
  defined in accordance with Subsection (a) of this section.
         SECTION 2.  Section 2153.002, Occupations Code, is amended
  by amending Subdivisions (1), (5), (6), and (9) and adding
  Subdivision (2-a) to read as follows:
               (1)  "Coin-operated machine" means any kind of machine
  or device operated by or with a coin or other United States
  currency, metal slug, token, electronic card, or check, including a
  music or skill or pleasure coin-operated machine. The term does not
  include an eight-liner.
               (2-a)  "Eight-liner" has the meaning assigned by
  Section 47.01, Penal Code.
               (5)  "Operator" means a person who exhibits or
  displays, or permits to be exhibited or displayed, a coin-operated
  machine or an eight-liner in this state in a place of business that
  is not owned by the person.
               (6)  "Owner" means a person who owns a coin-operated
  machine or an eight-liner in this state.
               (9)  "Skill or pleasure coin-operated machine" means
  any kind of coin-operated machine that dispenses, or is used or is
  capable of being used to dispense or afford, amusement, skill, or
  pleasure or is operated for any purpose, other than for dispensing
  only merchandise, music, or service. The term:
                     (A)  includes a marble machine, marble table
  machine, marble shooting machine, miniature racetrack machine,
  miniature football machine, miniature golf machine, miniature
  bowling machine, billiard or pool game, or machine or device that
  dispenses merchandise or commodities or plays music in connection
  with or in addition to dispensing skill or pleasure; and
                     (B)  does not include an amusement machine
  designed exclusively for a child or an eight-liner.
         SECTION 3.  Chapter 2153, Occupations Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K. FEE ON EIGHT-LINERS
         Sec. 2153.501.  IMPOSITION OF FEE. (a) A fee is imposed on
  each eight-liner that an owner exhibits or displays, or permits to
  be exhibited or displayed, in this state.
         (b)  The amount of the fee is $350 per year.
         Sec. 2153.502.  EXEMPTION. The fee imposed under this
  subchapter does not apply to an owner of an eight-liner if the owner
  possesses the eight-liner for resale only.
         Sec. 2153.503.  PRORATED FEE. The fee on an eight-liner
  first exhibited or displayed in this state after March 31 of any
  year is one-fourth of the amount imposed under Section 2153.501 for
  each quarter or partial quarter of the calendar year remaining
  after the date the owner first exhibits or displays the
  eight-liner.
         Sec. 2153.504.  COLLECTION. (a) The comptroller shall
  collect the fee.
         (b)  In collecting the fee, the comptroller may:
               (1)  collect the fee on a quarterly basis;
               (2)  establish procedures for quarterly collection of
  the fee; and
               (3)  establish dates on which the fee payment is due.
         (c)  An owner required to pay a fee under this section shall
  pay the fee to the comptroller by cashier's check, money order, or
  any other method authorized by the comptroller.
         Sec. 2153.505.  ALLOCATION OF REVENUE. (a) Notwithstanding
  Section 2153.058, the comptroller shall:
               (1)  deposit 30 percent of each fee collected under
  this subchapter to the credit of the general revenue fund; and
               (2)  remit 70 percent of the fee collected under this
  subchapter to:
                     (A)  the municipality for an eight-liner located
  in the municipality; or
                     (B)  the county for an eight-liner located outside
  a municipality.
         (b)  The comptroller shall remit fee revenue to a
  municipality or county under this section as soon as feasible after
  collecting the fee.
         Sec. 2153.506.  REFUND OR CREDIT PROHIBITED. The
  comptroller may not refund or assign credit for the fee imposed
  under this subchapter to an owner who ceases to exhibit or display
  an eight-liner before the end of the calendar year for which the fee
  is imposed.
         Sec. 2153.507.  FEE PERMIT. (a) The comptroller shall issue
  a fee permit to an owner who pays the fee.
         (b)  The comptroller may issue a duplicate fee permit to an
  owner if the owner's fee permit is lost, stolen, or destroyed. The
  fee for a duplicate permit is $5.
         (c)  A fee permit shall be securely attached to the
  eight-liner for which the permit is issued in a manner that requires
  the continued application of steam and water to remove the permit.
         Sec. 2153.508.  DISCIPLINARY AUTHORITY. The comptroller
  may:
               (1)  conduct an investigation of a violation of this
  subchapter or a ruled adopted under this subchapter; and
               (2)  impose sanctions in accordance with Subchapter G
  and penalties in accordance with Subchapter H on a person who
  violates this subchapter or a rule adopted under this subchapter as
  if the person held a license or registration certificate issued
  under this chapter.
         Sec. 2153.509.  APPLICABILITY OF TAX CODE. Subtitle B,
  Title 2, Tax Code, applies to the administration, collection, and
  enforcement of taxes, penalties, and interest under this
  subchapter.
         SECTION 4.  Section 234.131, Local Government Code, is
  amended by amending Subdivisions (1), (2), and (3) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Amusement redemption machine" means a bona fide
  amusement device as defined by Section 47.01, Penal Code, operated
  in a manner that constitutes an affirmative defense under Section
  47.091, Penal Code [any electronic, electromechanical, or
  mechanical contrivance designed, made, and adopted for bona fide
  amusement purposes that rewards the player exclusively with noncash
  merchandise, prizes, toys, or novelties, or a representation of
  value redeemable for those items, with a wholesale value available
  from a single play of the game or device in an amount not more than
  10 times the amount charged to play the game or device once or $5,
  whichever amount is less].
               (1-a) "Gambling device" has the meaning assigned by
  Section 47.01, Penal Code.
               (2)  "Game room" means a for-profit business located in
  a building or place that contains six or more:
                     (A)  amusement redemption machines; or
                     (B)  gambling devices  [electronic,
  electromechanical, or mechanical contrivances that, for
  consideration, afford a player the opportunity to obtain a prize or
  thing of value, the award of which is determined solely or partially
  by chance, regardless of whether the contrivance is designed, made,
  or adopted solely for bona fide amusement purposes].
               (3)  "Game room owner" means a person who:
                     (A)  has an ownership interest in, or receives the
  profits from, a game room or an amusement redemption machine or
  gambling device located in a game room;
                     (B)  is a partner, director, or officer of a
  business, including a company or corporation, that has an ownership
  interest in a game room or in an amusement redemption machine or
  gambling device located in a game room;
                     (C)  is a shareholder that holds more than 10
  percent of the outstanding shares of a business, including a
  company or corporation, that has an ownership interest in a game
  room or in an amusement redemption machine or gambling device
  located in a game room;
                     (D)  has been issued by the county clerk an
  assumed name certificate for a business that owns a game room or an
  amusement redemption machine or gambling device located in a game
  room;
                     (E)  signs a lease for a game room;
                     (F)  opens an account for utilities for a game
  room;
                     (G)  receives a certificate of occupancy or
  certificate of compliance for a game room;
                     (H)  pays for advertising for a game room; or
                     (I)  signs an alarm permit for a game room.
         SECTION 5.  Sections 234.136(a) and (b), Local Government
  Code, are amended to read as follows:
         (a)  A peace officer or county employee may inspect a
  business in the county to determine the number of amusement
  redemption machines or gambling devices [machines described by
  Section 234.131(2)(B)] subject to regulation under this subchapter
  that are located on the premises of the business.
         (b)  A peace officer or county employee may inspect any
  business in which six or more amusement redemption machines or
  gambling devices [machines described by Section 234.131(2)(B)] are
  located to determine whether the business is in compliance with
  this subchapter or regulations adopted under this subchapter.
         SECTION 6.  Section 47.01, Penal Code, is amended by
  amending Subdivisions (4) and (9) and adding Subdivisions (10),
  (11), and (12) to read as follows:
               (4)  "Gambling device" means any device [electronic,
  electromechanical, or mechanical contrivance not excluded under
  Paragraph (B)] that for [a] consideration affords the player or
  user of the device an opportunity to obtain any thing [anything] of
  value, the award of which is determined solely or partially by
  chance, even though accompanied by some skill[, whether or not the
  prize is automatically paid by the contrivance]. The term[:
                     [(A)]  includes, but is not limited to, an
  eight-liner, a gambling device version [versions] of bingo, keno,
  blackjack, lottery, roulette, video poker, or similar electronic,
  electromechanical, or mechanical games, or a facsimile of any of
  those games [facsimiles thereof], that:
                     (A)  operates solely or partially [operate] by
  chance;
                     (B)  [or partially so, that] as a result of the
  play or use [operation] of the game, awards [award] credits or free
  games; [,] and
                     (C)  records [that record] the number of free
  games or credits [so] awarded and the cancellation or removal of the
  free games or credits[; and
                     [(B)  does not include any electronic,
  electromechanical, or mechanical contrivance designed, made, and
  adapted solely for bona fide amusement purposes if the contrivance
  rewards the player exclusively with noncash merchandise prizes,
  toys, or novelties, or a representation of value redeemable for
  those items, that have a wholesale value available from a single
  play of the game or device of not more than 10 times the amount
  charged to play the game or device once or $5, whichever is less].
               (9)  "Thing of value" means any property, money, right,
  privilege, or other benefit, including a representation of value
  redeemable for any property, money, right, privilege, or other
  benefit [but does not include an unrecorded and immediate right of
  replay not exchangeable for value].
               (10)  "Device" includes all or part of an electronic,
  electromechanical, or mechanical contrivance, machine, or
  apparatus.
               (11)  "Eight-liner" means an electronic device capable
  of simulating the play of a traditional mechanical slot machine, or
  one-armed bandit, regardless of the number of lines of play on the
  device, that for the payment of consideration affords a player of a
  game on the device an opportunity to win a prize based solely or
  partially on chance, if the prize from a single play of the game
  consists of:
                     (A)  cash in an amount of $1,500 or less; or
                     (B)  noncash merchandise, or a representation of
  value redeemable for noncash merchandise, that has a wholesale
  value of $1,500 or less.
               (12)  "Bona fide amusement device" means a device on
  which an amusement game or other activity can be played or conducted
  for consideration, for which skill is the predominating requirement
  for a player of the game to win or be awarded a thing of value. The
  term does not include:
                     (A)  an eight-liner; or
                     (B)  an electronic, electromechanical, or
  mechanical version of bingo, keno, blackjack, lottery, roulette,
  video poker, or a similar game, or a facsimile of any of those
  games, that operates solely or partially by chance.
         SECTION 7.  Section 47.02(c), Penal Code, is amended to read
  as follows:
         (c)  It is a defense to prosecution under this section that
  the actor reasonably believed that the conduct:
               (1)  was permitted under Chapter 2001, Occupations
  Code;
               (2)  was permitted under Chapter 2002, Occupations
  Code;
               (3)  was permitted under Chapter 2004, Occupations
  Code;
               (4)  consisted entirely of participation in the state
  lottery authorized by the State Lottery Act (Chapter 466,
  Government Code);
               (5)  was permitted under Subtitle A-1, Title 13,
  Occupations Code (Texas Racing Act); [or]
               (6)  consisted entirely of participation in a drawing
  for the opportunity to participate in a hunting, fishing, or other
  recreational event conducted by the Parks and Wildlife Department;
  or
               (7)  consisted entirely of operating an eight-liner in
  an area in which the operation of eight-liners has been legalized by
  a local option election under Chapter 502, Election Code.
         SECTION 8.  Section 47.03(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  more than $1,500 but less than $20,000;
               (2)  a felony of the third degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is at
  least $20,000 but less than $100,000; or
               (3)  a felony of the second degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  $100,000 or more.
         SECTION 9.  Section 47.04(c), Penal Code, is amended to read
  as follows:
         (c)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  more than $1,500 but less than $20,000;
               (2)  a felony of the third degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is at
  least $20,000 but less than $100,000; or
               (3)  a felony of the second degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  $100,000 or more.
         SECTION 10.  Section 47.06(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  more than $1,500 but less than $20,000;
               (2)  a felony of the third degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is at
  least $20,000 but less than $100,000; or
               (3)  a felony of the second degree if:
                     (A)  the offense involves a device described by
  Section 47.01(11) other than the monetary prize limits provided by
  Sections 47.01(11)(A) and (B); and
                     (B)  the prize for a single play of the game is
  $100,000 or more.
         SECTION 11.  Section 47.09(a), Penal Code, is amended to
  read as follows:
         (a)  It is a defense to prosecution under this chapter that
  the conduct:
               (1)  was authorized under:
                     (A)  Chapter 2001, Occupations Code;
                     (B)  Chapter 2002, Occupations Code;
                     (C)  Chapter 2004, Occupations Code;
                     (D)  Subtitle A-1, Title 13, Occupations Code
  (Texas Racing Act); or
                     (E)  Chapter 280, Finance Code;
               (2)  consisted entirely of participation in the state
  lottery authorized by Chapter 466, Government Code; [or]
               (3)  was a necessary incident to the operation of the
  state lottery and was directly or indirectly authorized by:
                     (A)  Chapter 466, Government Code;
                     (B)  the lottery division of the Texas Lottery
  Commission;
                     (C)  the Texas Lottery Commission; or
                     (D)  the director of the lottery division of the
  Texas Lottery Commission; or
               (4)  consisted entirely of operating an eight-liner in
  an area in which the operation of eight-liners has been legalized by
  a local option election under Chapter 502, Election Code.
         SECTION 12.  Chapter 47, Penal Code, is amended by adding
  Section 47.091 to read as follows:
         Sec. 47.091.  DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
  It is an affirmative defense to prosecution under Section 47.02
  that:
               (1)  the conduct consists entirely of the play or use of
  a bona fide amusement device; and
               (2)  the player or user may not win or be awarded a
  thing of value for playing or using the device other than:
                     (A)  noncash merchandise available only on the
  premises where the device is located; or
                     (B)  a ticket, coupon, or other representation of
  value redeemable only on the premises where the device is located
  for noncash merchandise.
         (b)  For purposes of Subsection (a):
               (1)  the noncash merchandise or representation of value
  redeemable for noncash merchandise that may be won or awarded for a
  single play of a game or use of the device may not have a wholesale
  value of more than the lesser of:
                     (A)  10 times the amount charged for the single
  play or use; or
                     (B)  $5; and
               (2)  an item of noncash merchandise that may be won or
  awarded for playing or using the device or for which a person may
  redeem one or more tickets, coupons, or other representations of
  value won or awarded for playing or using the device may not have a
  wholesale value of more than $50.
         (c)  It is an affirmative defense to prosecution under
  Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
  necessary incident to offering, using, or maintaining one or more
  bona fide amusement devices used exclusively for conduct for which
  Subsection (a) provides an affirmative defense to a person playing
  or using the device, including the manufacturing, transporting,
  storing, or repairing of the device.
         SECTION 13.  Section 47.02(e), Penal Code, is repealed.
         SECTION 14.  (a) The change in law made by this Act applies
  only to an offense committed on or after the effective date of this
  Act. For purposes of this section, an offense is committed before
  the effective date of this Act if any element of the offense occurs
  before that date.
         (b)  An offense committed before the effective date of this
  Act is covered by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.
         SECTION 15.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect on the date the constitutional
  amendment proposed by the 87th Legislature, Regular Session, 2021,
  authorizing local option elections to legalize or prohibit the
  operation of eight-liners or similar gaming devices is approved by
  the voters. If that amendment is not approved by the voters, this
  Act has no effect.
         (b)  Subject to Subsection (a) of this section, Subchapter K,
  Chapter 2153, Occupations Code, as added by this Act, takes effect
  January 1, 2022.
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