Bill Text: TX SB2100 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [SB2100 Detail]
Download: Texas-2023-SB2100-Introduced.html
88R6414 BEE-F | ||
By: Miles | S.B. No. 2100 |
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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. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 234, Local Government Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. POKER CLUBS | ||
Sec. 234.161. DEFINITIONS. In this subchapter: | ||
(1) "Operator" means an individual who: | ||
(A) operates a cash register, cash drawer, or | ||
other depository on the premises of a poker club or of a business at | ||
which is kept the money earned, or any credit card or other credit | ||
transaction records generated, from the operation of and activities | ||
conducted in a poker club; | ||
(B) displays, delivers, or provides to a poker | ||
club member merchandise, goods, entertainment, or other services | ||
offered on the poker club premises; | ||
(C) accepts orders from a poker club member for | ||
merchandise, goods, entertainment, or other services offered on the | ||
poker club premises; | ||
(D) acts as a door attendant to regulate entry of | ||
members or other individuals into a poker club; or | ||
(E) supervises or manages other individuals at a | ||
poker club in the performance of an activity listed in this | ||
subdivision. | ||
(2) "Poker club" means a private for-profit business | ||
that contains one or more poker gaming tables. | ||
(3) "Poker club owner" means a person who: | ||
(A) has an ownership interest in, or receives the | ||
profits from, a poker club; | ||
(B) is a partner, director, or officer of a | ||
business, including a company or corporation, that has an ownership | ||
interest in a poker club; | ||
(C) is a shareholder who holds more than 10 | ||
percent of the outstanding shares of a business, including a | ||
company or corporation, that has an ownership interest in a poker | ||
club; | ||
(D) has been issued by the county clerk an | ||
assumed name certificate for a business that owns a poker club; | ||
(E) signs a lease for a poker club; | ||
(F) opens an account for utilities for a poker | ||
club; | ||
(G) receives a certificate of occupancy or | ||
certificate of compliance for a poker club; | ||
(H) pays for advertising for a poker club; or | ||
(I) signs an alarm permit for a poker club. | ||
(4) "Poker game" means a card game in which: | ||
(A) a poker club member physically present at the | ||
poker club places a bet based on the highest or lowest ranking hand | ||
of cards the member holds or on a combination of highest and lowest | ||
cards the member holds; | ||
(B) each member participating in the game has an | ||
opportunity to benefit from personal winnings; and | ||
(C) except for the advantage of skill or luck, | ||
the risks of losing and the chances of winning are the same for all | ||
members participating in the game. | ||
(5) "Poker gaming table" means a recreational table at | ||
which poker club members participate in a live poker game. The term | ||
does not include a table that offers any video, mechanical, | ||
electronic, or online version of a poker game. | ||
Sec. 234.162. AUTHORITY TO REGULATE; CONFLICT OF | ||
REGULATIONS. (a) To promote the public health, safety, and | ||
welfare, the commissioners court of a county may regulate the | ||
operation of poker clubs and may: | ||
(1) restrict the location of poker clubs to specified | ||
areas of the county, including the unincorporated area of the | ||
county; | ||
(2) prohibit a poker club location within the | ||
specified distance the commissioners court prescribes of a school, | ||
regular place of religious worship, or residential neighborhood; or | ||
(3) restrict the number of poker clubs that may | ||
operate in a specified area of the county. | ||
(b) To the extent of a conflict between a county order or | ||
regulation adopted under this subchapter and a municipal ordinance, | ||
the county order prevails. | ||
Sec. 234.163. LICENSE REQUIREMENT. (a) A county may | ||
require a poker club owner or operator to obtain a license or renew | ||
a license on a periodic basis to own or operate a poker club in the | ||
county. An application for a license must be made in accordance | ||
with regulations the county adopts. | ||
(b) Regulations adopted under this section may establish | ||
qualifications for a poker club owner or operator and provide for | ||
the denial, suspension, or revocation of a license for violations | ||
of this subchapter and any regulation or order adopted under this | ||
subchapter. | ||
(c) A district court in the county has jurisdiction of a | ||
suit that arises from the county's denial, suspension, or | ||
revocation of a license. | ||
Sec. 234.164. FEES. A county may impose a fee on an | ||
applicant for a license or renewal of a license required under this | ||
subchapter. The fee must be based on the cost of processing the | ||
application and investigating the applicant. | ||
Sec. 234.165. INSPECTION. A county employee may inspect a | ||
business in the county that contains one or more poker gaming tables | ||
to determine whether the business is in compliance with this | ||
subchapter and regulations and orders adopted under this | ||
subchapter. | ||
Sec. 234.166. INJUNCTION; CIVIL PENALTY. (a) A county may | ||
apply to a district court for an injunction to prevent the violation | ||
or threatened violation of a regulation or order adopted under this | ||
subchapter. | ||
(b) A person who violates a regulation or order adopted | ||
under this subchapter is liable to the county for a civil penalty of | ||
not more than $10,000 for each violation. Each day a violation | ||
continues is considered a separate violation for purposes of | ||
assessing the civil penalty under this subsection. A county may | ||
bring suit in district court to recover a civil penalty authorized | ||
by this subsection. | ||
(c) The county is entitled to recover reasonable expenses | ||
incurred in obtaining injunctive relief, civil penalties, or both, | ||
under this section, including reasonable attorney's fees, court | ||
costs, and investigatory costs. | ||
Sec. 234.167. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person intentionally or knowingly operates a poker | ||
club in violation of a regulation or order adopted under Section | ||
234.162. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
Sec. 234.168. CUMULATIVE EFFECT. Authority under this | ||
subchapter is cumulative of other authority a county is granted to | ||
regulate poker clubs and does not limit that authority. | ||
Sec. 234.169. EFFECT ON OTHER LAWS. (a) This subchapter | ||
does not legalize any activity prohibited under the Penal Code or | ||
other state law. | ||
(b) A person who is subject to prosecution under Section | ||
234.167 and any other law may be prosecuted under either or both | ||
laws. | ||
SECTION 2. Section 47.01(8), Penal Code, is amended to read | ||
as follows: | ||
(8) "Private residence [ |
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[ |
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among other places, streets, highways, restaurants, taverns, | ||
nightclubs, schools, hospitals, and the common areas of apartment | ||
houses, hotels, motels, office buildings, transportation | ||
facilities, and shops. | ||
SECTION 3. Section 47.02(b), Penal Code, is amended to read | ||
as follows: | ||
(b) It is a defense to prosecution under this section that: | ||
(1) the actor engaged in gambling in: | ||
(A) a private residence [ |
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(B) a poker club, as defined by Section 234.161, | ||
Local Government Code: | ||
(i) located in and licensed by: | ||
(a) a county that regulates poker | ||
clubs under Subchapter F, Chapter 234, Local Government Code, and | ||
operated in accordance with that subchapter and the county's | ||
regulations; or | ||
(b) a municipality that regulates | ||
poker clubs and operated in accordance with the municipality's | ||
regulations; or | ||
(ii) located in a county or municipality | ||
that does not regulate poker clubs; | ||
(2) no person received any economic benefit other than | ||
personal winnings; and | ||
(3) except for the advantage of skill or luck, the | ||
risks of losing and the chances of winning were the same for all | ||
participants. | ||
SECTION 4. Section 47.04(b), Penal Code, is amended to read | ||
as follows: | ||
(b) It is an affirmative defense to prosecution under this | ||
section that: | ||
(1) the gambling occurred in: | ||
(A) a private residence [ |
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(B) a poker club, as defined by Section 234.161, | ||
Local Government Code: | ||
(i) located in and licensed by: | ||
(a) a county that regulates poker | ||
clubs under Subchapter F, Chapter 234, Local Government Code, and | ||
operated in accordance with that subchapter and the county's | ||
regulations; or | ||
(b) a municipality that regulates | ||
poker clubs and operated in accordance with the municipality's | ||
regulations; or | ||
(ii) located in a county or municipality | ||
that does not regulate poker clubs; | ||
(2) no person received any economic benefit other than | ||
personal winnings; and | ||
(3) except for the advantage of skill or luck, the | ||
risks of losing and the chances of winning were the same for all | ||
participants. | ||
SECTION 5. Section 47.06(d), Penal Code, is amended to read | ||
as follows: | ||
(d) It is a defense to prosecution under Subsections (a) and | ||
(c) that: | ||
(1) the device, equipment, or paraphernalia is used | ||
for or is intended for use in gambling that is to occur entirely in: | ||
(A) a private residence [ |
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(B) a poker club, as defined by Section 234.161, | ||
Local Government Code: | ||
(i) located in and licensed by: | ||
(a) a county that regulates poker | ||
clubs under Subchapter F, Chapter 234, Local Government Code, and | ||
operated in accordance with that subchapter and the county's | ||
regulations; or | ||
(b) a municipality that regulates | ||
poker clubs and operated in accordance with the municipality's | ||
regulations; or | ||
(ii) located in a county or municipality | ||
that does not regulate poker clubs; | ||
(2) a person involved in the gambling does not receive | ||
any economic benefit other than personal winnings; and | ||
(3) except for the advantage of skill or luck, the | ||
chance of winning is the same for all participants. | ||
SECTION 6. The changes in law made by this Act 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 on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, 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, 2023. |