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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of casino gaming in certain state coastal |
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areas to provide additional money for residual windstorm insurance |
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coverage and catastrophic flooding assistance in the coastal areas; |
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requiring occupational licenses and certifications; authorizing |
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fees; imposing a tax; creating criminal offenses and providing |
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other penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 13, Occupations Code, is |
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amended by adding Chapter 2005 to read as follows: |
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CHAPTER 2005. CASINO GAMING |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2005.001. DEFINITIONS. In this chapter: |
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(1) "Casino game" means any game of chance, including |
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a game of chance in which the outcome may be partially determined by |
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skill or ability, that involves the making of a bet, as defined by |
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Section 47.01, Penal Code. |
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(2) "Casino gaming" means the conduct of casino games |
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authorized under this chapter. |
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(3) "Casino gaming manager" means a person certified |
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under this chapter to manage casino gaming operations at a location |
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authorized under this chapter to conduct casino gaming in this |
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state. |
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(4) "Commission" means the Texas Lottery Commission. |
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(5) "Executive director" means the executive director |
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of the commission. |
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(6) "Gaming vendor" means a person licensed under this |
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chapter to provide, maintain, manufacture, distribute, sell, or |
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lease casino gaming equipment and services to a person authorized |
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to operate casino gaming in this state. |
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Sec. 2005.002. APPLICABILITY OF FEDERAL LAW. All shipments |
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of casino gaming equipment and devices into, out of, or within this |
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state in connection with casino gaming are legal shipments of the |
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devices and are exempt from the provisions of 15 U.S.C. Sections |
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1171-1178 prohibiting the transportation of gambling devices. |
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SUBCHAPTER B. ADMINISTRATION |
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Sec. 2005.051. POWERS AND DUTIES OF COMMISSION AND |
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EXECUTIVE DIRECTOR. (a) The commission and executive director |
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have broad authority and shall exercise strict control over and |
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closely monitor casino gaming authorized under Sections 47a and |
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47b, Article III, Texas Constitution, to protect the public health, |
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welfare, and safety and ensure integrity, security, honesty, and |
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fairness in the conduct and administration of casino gaming. |
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(b) The executive director may contract with or employ a |
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person to perform a function, activity, or service in connection |
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with casino gaming as prescribed by the executive director. |
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(c) The commission shall as necessary to protect the public |
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health, welfare, and safety: |
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(1) monitor casino gaming operations on a continuing |
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basis; |
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(2) establish standards for: |
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(A) the operation of casino gaming; |
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(B) the provision of casino gaming equipment and |
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services; and |
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(C) the establishment and maintenance of casino |
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gaming facilities; and |
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(3) inspect and examine all gaming facilities, |
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equipment, services, records, and operations to ensure compliance |
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with the standards established by the commission. |
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Sec. 2005.052. RULES AND PROCEDURES. (a) The commission |
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shall adopt all rules necessary to supervise casino gaming in this |
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state, administer this chapter, and ensure the security of casino |
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gaming operations in this state. |
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(b) The commission shall establish procedures for the |
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approval, monitoring, and inspection of casino gaming operations as |
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necessary to protect the public health, welfare, and safety and the |
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integrity of this state and to prevent financial loss to this state. |
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Sec. 2005.053. FEES. The commission shall establish the |
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application, license, certification, and license and certification |
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renewal fees for each type of license and certification issued |
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under this chapter in amounts reasonable and necessary to cover |
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this state's costs incurred in the administration of this chapter |
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and the regulation of casino gaming. |
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Sec. 2005.054. ANNUAL REPORT. The commission shall make an |
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annual report to the governor, the comptroller, and the legislature |
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that provides a summary of casino gaming revenues and expenses for |
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the state fiscal year preceding the report. The report must be in |
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the form and reported at the time provided by the General |
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Appropriations Act. |
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Sec. 2005.055. INVESTIGATIONS. The commission may |
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investigate a violation or alleged violation of: |
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(1) this chapter or rules adopted under this chapter |
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by any person; or |
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(2) the penal laws of this state in connection with the |
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administration of this chapter, the regulation of casino gaming, or |
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the conduct of casino gaming by a person authorized to operate |
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casino gaming under this chapter. |
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SUBCHAPTER C. CASINO GAMING |
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Sec. 2005.101. CASINO GAMING OPERATOR LICENSE. A person |
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may not conduct casino gaming in this state unless the person holds |
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a casino gaming operator license issued under this chapter. |
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Sec. 2005.102. ALLOCATION OF CASINO GAMING OPERATOR |
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LICENSES. The commission shall award to applicants not more than |
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nine casino gaming operator licenses at locations in this state |
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within 200 miles of the Gulf of Mexico as follows: |
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(1) one license in each of the counties of Galveston, |
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Jefferson, and Nueces, provided the license issued in Jefferson |
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County is for a location approved by the commissioners court of the |
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county that has interstate access and other appropriate |
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infrastructure; |
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(2) three licenses in Bexar and Harris Counties to |
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persons who are licensed to conduct pari-mutuel wagering on horse |
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and greyhound races in one of those counties, provided not more than |
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two licenses are awarded in either county; and |
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(3) one license in each of three first tier coastal or |
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second tier coastal counties, as those terms are defined by Section |
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2210.003, Insurance Code, to persons who are licensed to conduct |
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pari-mutuel wagering on horse or greyhound races in one of those |
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counties. |
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Sec. 2005.103. CERTIFICATES REQUIRED. (a) A person may not |
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provide, maintain, manufacture, distribute, sell, or lease casino |
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games or casino gaming equipment or services for use in this state |
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unless the person holds a gaming vendor certificate issued under |
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this chapter. |
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(b) A person may not act as a casino gaming manager for a |
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gaming facility in this state unless the person holds a casino |
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gaming manager certificate issued under this chapter. |
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(c) Unless the person holds the required gaming employee |
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certificate, a person may not act as a gaming employee in any gaming |
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employee position for which the commission by rule requires a |
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person to hold a certificate issued under this chapter. |
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Sec. 2005.104. GAMING VENDOR CERTIFICATE. (a) The |
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commission shall issue a gaming vendor certificate to an eligible |
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person with the resources and experience required to provide casino |
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games or casino gaming equipment and services for casino gaming |
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operations authorized under this chapter. |
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(b) The commission by rule shall establish the minimum |
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qualifications for a gaming vendor certificate to ensure a |
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competitive market for casino gaming equipment and services and the |
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availability of reliable casino gaming equipment and services, |
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consistent with the public health, welfare, and safety. |
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Sec. 2005.105. CASINO GAMING MANAGER CERTIFICATE. (a) The |
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commission shall issue a casino gaming manager certificate to an |
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eligible person with the qualifications and experience required to |
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manage casino gaming operations under this chapter. |
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(b) The commission by rule shall establish the minimum |
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qualifications for a casino gaming manager certificate necessary to |
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protect the public health, welfare, and safety. |
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Sec. 2005.106. GAMING EMPLOYEE CERTIFICATE. The commission |
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by rule and as necessary to protect the public health, welfare, and |
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safety may establish gaming employee positions that require a |
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certificate issued under this chapter to act in those positions. |
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Sec. 2005.107. BACKGROUND INVESTIGATIONS. Before issuing a |
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certificate to a person under this chapter, the commission shall |
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conduct a background investigation that includes obtaining |
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criminal history record information of the person seeking the |
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certificate to assist the commission in determining the person's |
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eligibility or suitability for the certificate. |
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SUBCHAPTER D. REVENUE |
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Sec. 2005.151. STATE CASINO GAMING ACCOUNT. The state |
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casino gaming account is a special account in the general revenue |
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fund. The account consists of all revenue received by the |
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commission from casino gaming, fees received under this chapter, |
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and all money credited to the account from any other fund or source |
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under law. |
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Sec. 2005.152. CASINO GAMING TAX. (a) A casino gaming tax |
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in an amount equal to 18 percent of a casino's gross gaming revenue |
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is imposed on each holder of a casino gaming operator's license. |
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(b) For each state fiscal year, the comptroller shall |
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allocate the revenue from the tax imposed under this section and |
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transfer to: |
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(1) the catastrophe reserve trust fund established |
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under Subchapter J, Chapter 2210, Insurance Code, the lesser of: |
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(A) 50 percent of the tax revenue imposed under |
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this section; or |
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(B) the amount sufficient to ensure that the |
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premium and other revenue of the Texas Windstorm Insurance |
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Association together with the money allocated under this section |
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equals the insured losses and operating expenses of the association |
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for the state fiscal year; and |
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(2) the catastrophic flooding assistance trust fund |
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established under Section 2005.153 the remainder of the tax revenue |
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after making a transfer as required by Subdivision (1). |
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(c) The comptroller by rule shall adopt a schedule for the |
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collection of the tax imposed under this section and the transfer of |
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tax revenue under Subsection (b). |
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(d) Title 2, Tax Code, applies to the tax imposed under this |
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section. |
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Sec. 2005.153. CATASTROPHIC FLOODING ASSISTANCE TRUST |
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FUND. (a) The catastrophic flooding assistance trust fund is |
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established outside the treasury and is administered by the office |
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of the governor. Credits of money in the fund are not state funds or |
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subject to legislative appropriation. |
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(b) The trust fund consists of money deposited to the fund |
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under Section 2005.152 and appropriations to the fund made by the |
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legislature. |
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(c) If the office of the governor under Section 418.014, |
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Government Code, declares a state of disaster regarding |
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catastrophic flooding in a coastal area of this state, the governor |
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shall make money in the fund available to the Texas Division of |
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Emergency Management for the purpose of providing emergency relief |
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under the state emergency management plan for victims of loss |
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caused by the catastrophic flooding. |
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(d) Interest and income from the assets of the trust fund |
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shall be credited to and deposited in the trust fund. |
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SUBCHAPTER E. CRIMINAL OFFENSES; DISCIPLINARY ACTIONS; |
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ADMINISTRATIVE AND CIVIL PENALTIES |
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Sec. 2005.201. MANIPULATION OR TAMPERING. (a) A person |
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commits an offense if the person intentionally or knowingly |
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manipulates the outcome of a casino game, the amount of a casino |
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game prize, or the operation of a casino gaming device by physical, |
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electronic, or other means, other than in accordance with |
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commission rules. |
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(b) An offense under this section is a felony of the third |
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degree. |
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Sec. 2005.202. SALE OF CASINO GAME TO INDIVIDUAL YOUNGER |
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THAN 18 YEARS OF AGE. (a) A person who is a casino gaming manager |
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or an employee or agent of a casino gaming manager commits an |
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offense if the person intentionally or knowingly: |
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(1) sells or offers to sell a play of a casino game to |
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an individual the person knows is younger than 18 years of age or |
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permits the individual to purchase a play of a casino game; or |
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(2) pays money or issues a credit slip or other |
|
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winnings for a play of a casino game to an individual the person |
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knows is younger than 18 years of age. |
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(b) An individual who is younger than 18 years of age |
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commits an offense if the individual: |
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(1) purchases a play of a casino game; |
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(2) accepts money, a credit slip, or other payment of |
|
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winnings for a play of a casino game; or |
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(3) falsely represents the individual to be 18 years |
|
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of age or older by displaying evidence of age that is false or |
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fraudulent or misrepresents in any way the individual's age in |
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order to purchase a play of a casino game. |
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(c) An offense under Subsection (a) is a Class B |
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misdemeanor. |
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(d) An offense under Subsection (b) is a misdemeanor |
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punishable by a fine not to exceed $250. |
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Sec. 2005.203. DISCIPLINARY ACTIONS. (a) The commission |
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may refuse to issue a license or certificate or may revoke, suspend, |
|
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or refuse to renew a license or certificate or may reprimand a |
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license or certificate holder for a violation of this chapter, |
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other state law, or a rule of the commission. |
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(b) If the commission proposes to take action against a |
|
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license or certificate holder or applicant under Subsection (a), |
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the license or certificate holder or applicant is entitled to |
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notice and a hearing. |
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(c) The commission may place on probation subject to |
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reasonable conditions a person whose license or certificate is |
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suspended under this section. |
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(d) The commission may summarily suspend a license or |
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certificate issued under this chapter in the same manner as the |
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commission is authorized to suspend a license under Section |
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466.160, Government Code, if the commission determines that the |
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action is necessary to maintain the integrity, security, or |
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fairness of casino gaming. |
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(e) The commission by rule shall develop a system for |
|
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monitoring a license or certificate holder's compliance with this |
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chapter. |
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Sec. 2005.204. ADMINISTRATIVE PENALTY. (a) The commission |
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may impose an administrative penalty against a person who violates |
|
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this chapter or a rule or order adopted by the commission under this |
|
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chapter in the same manner as the commission is authorized to impose |
|
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an administrative penalty under Subchapter M, Chapter 2001. |
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(b) The amount of the administrative penalty may not exceed |
|
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$1,000 for each violation. Each day a violation continues or occurs |
|
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may be considered a separate violation for purposes of imposing a |
|
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penalty. |
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(c) In determining the amount of the penalty, the executive |
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director shall consider: |
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(1) the seriousness of the violation, including the |
|
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter future violations; |
|
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(4) efforts to correct the violation; and |
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(5) any other matter that justice may require. |
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(d) The notice, hearing, and appeal for an administrative |
|
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penalty assessed under this section shall be provided or conducted |
|
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in the same manner as notice, hearing, and appeals are provided or |
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conducted under Subchapter M, Chapter 2001. |
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Sec. 2005.205. CIVIL PENALTY. (a) A person who violates |
|
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this chapter or a rule adopted by the commission under this chapter |
|
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is liable to the state for a civil penalty not to exceed $5,000 for |
|
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each day of violation. |
|
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(b) At the request of the commission, the attorney general |
|
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shall bring an action to recover a civil penalty authorized by this |
|
|
section. The attorney general may recover reasonable expenses, |
|
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including attorney's fees, incurred in recovering the civil |
|
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penalty. |
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SECTION 2. Section 411.108(a-1), Government Code, is |
|
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amended to read as follows: |
|
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(a-1) The Texas Lottery Commission is entitled to obtain |
|
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from the department criminal history record information maintained |
|
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by the department that relates to: |
|
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(1) a person licensed under Chapter 2001, Occupations |
|
|
Code, or described by Section 2001.3025, Occupations Code; or |
|
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(2) a person holding or applying for a license or |
|
|
certificate under Chapter 2005, Occupations Code. |
|
|
SECTION 3. Section 466.024(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The commission shall adopt rules prohibiting the |
|
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operation of any game using a video lottery machine or video gaming |
|
|
machine, except in accordance with Chapter 2005, Occupations Code. |
|
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SECTION 4. Section 47.02(c), Penal Code, is amended to read |
|
|
as follows: |
|
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(c) It is a defense to prosecution under this section that |
|
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the actor reasonably believed that the conduct: |
|
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(1) was permitted under Chapter 2001, Occupations |
|
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Code; |
|
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(2) was permitted under Chapter 2002, Occupations |
|
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Code; |
|
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(3) was permitted under Chapter 2004, Occupations |
|
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Code; |
|
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(4) was permitted under Chapter 2005, Occupations |
|
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Code; |
|
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(5) consisted entirely of participation in the state |
|
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lottery authorized by the State Lottery Act (Chapter 466, |
|
|
Government Code); |
|
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(6) [(5)] was permitted under Subtitle A-1, Title 13, |
|
|
Occupations Code (Texas Racing Act); or |
|
|
(7) [(6)] consisted entirely of participation in a |
|
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drawing for the opportunity to participate in a hunting, fishing, |
|
|
or other recreational event conducted by the Parks and Wildlife |
|
|
Department. |
|
|
SECTION 5. Section 47.09, Penal Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) It is a defense to prosecution under this chapter that |
|
|
the conduct: |
|
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(1) was authorized under: |
|
|
(A) Chapter 2001, Occupations Code; |
|
|
(B) Chapter 2002, Occupations Code; |
|
|
(C) Chapter 2004, Occupations Code; |
|
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(D) Chapter 2005, Occupations Code; |
|
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(E) Subtitle A-1, Title 13, Occupations Code |
|
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(Texas Racing Act); or |
|
|
(F) [(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. |
|
|
(c) Subsection (a)(1)(D) applies to a person manufacturing, |
|
|
possessing, or operating a gambling device under a license or |
|
|
certificate issued under Chapter 2005, Occupations Code. |
|
|
SECTION 6. Chapter 47, Penal Code, is amended by adding |
|
|
Section 47.095 to read as follows: |
|
|
Sec. 47.095. INTERSTATE OR FOREIGN COMMERCE DEFENSE. It is |
|
|
a defense to prosecution under this chapter that a person sells, |
|
|
leases, transports, possesses, stores, or manufactures a gambling |
|
|
device with the authorization of the Texas Lottery Commission under |
|
|
Chapter 2005, Occupations Code, for transportation in interstate or |
|
|
foreign commerce. |
|
|
SECTION 7. (a) As soon as practicable after the effective |
|
|
date of this Act, the Texas Lottery Commission shall adopt the rules |
|
|
necessary to implement casino gaming in accordance with Chapter |
|
|
2005, Occupations Code, as added by this Act. |
|
|
(b) The Texas Lottery Commission may adopt initial rules for |
|
|
purposes of implementing casino gaming in accordance with Chapter |
|
|
2005, Occupations Code, as added by this Act, that expire not later |
|
|
than May 1, 2022. Chapter 2001, Government Code, does not apply to |
|
|
the adoption of those rules. This subsection expires June 1, 2022. |
|
|
SECTION 8. This Act takes effect December 1, 2021, but only |
|
|
if the constitutional amendment authorizing the operation of casino |
|
|
gaming in certain state coastal areas to provide additional money |
|
|
for residual windstorm insurance coverage and catastrophic |
|
|
flooding assistance in those areas and authorizing the Kickapoo |
|
|
Traditional Tribe of Texas to conduct casino gaming by executing a |
|
|
gaming compact with this state is approved by the voters. If that |
|
|
amendment is not approved by the voters, this Act has no effect. |