By Martin                                             H.B. No. 1905
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of ocean-going ships on which gambling
    1-3  is offered and to the application of certain gambling offenses to
    1-4  ocean-going ships; creating offenses and providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 6, Revised Statutes, is amended by adding
    1-7  Article 179g to read as follows:
    1-8        Art. 179g.  DAY CRUISE CASINO SHIPS
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Casino" means a part of a ship in which gaming is
   1-11  conducted.
   1-12              (2)  "Casino operator" means a person who maintains a
   1-13  game aboard a day cruise casino ship.
   1-14              (3)  "Commission" means the Texas Commission of
   1-15  Licensing and Regulation.
   1-16              (4)  "Commissioner" means the commissioner of licensing
   1-17  and regulation.
   1-18              (5)  "Day cruise casino ship" means an ocean-going
   1-19  vessel:
   1-20                    (A)  on which gaming is conducted in the
   1-21  territorial waters of this state; or
   1-22                    (B)  that boards passengers at a port in this
   1-23  state for regularly scheduled day cruises of less than 24 hours
    2-1  that includes gaming.
    2-2              (6)  "Game" or "gaming" means any betting activity
    2-3  described in Chapter 47, Penal Code, including an activity that
    2-4  uses gaming equipment or devices.
    2-5              (7)  "Gaming employee" means any individual directly
    2-6  connected with the operation of a game on a day cruise casino ship.
    2-7  The term does not include a person who is:
    2-8                    (A)  required to hold a license under Section 3
    2-9  or 4 of this article; or
   2-10                    (B)  employed on a day cruise casino ship
   2-11  exclusively:
   2-12                          (i)  in connection with preparation or
   2-13  serving of food or beverages; or
   2-14                          (ii)  as a crew member or officer
   2-15  responsible for operating or navigating the day cruise casino ship.
   2-16              (8)  "License holder" means any person holding a
   2-17  license issued under this article.
   2-18              (9)  "Person" includes a corporation, organization,
   2-19  business trust, estate, trust, partnership, association, and any
   2-20  other legal entity.
   2-21        Sec. 2.  RULES.  (a)  The commission may adopt rules for the
   2-22  administration of this article.
   2-23        (b)  The commission shall adopt rules to prevent gambling by
   2-24  persons younger than 21 years of age and to prevent persons younger
   2-25  than 16 years of age from boarding a day cruise casino ship unless
    3-1  accompanied by a parent, conservator, guardian, or other legal
    3-2  custodian of the person.
    3-3        Sec. 3.  SHIP OPERATOR LICENSE REQUIRED.  A person must
    3-4  obtain a license to operate a day cruise casino ship.
    3-5        Sec. 4.  CASINO OPERATOR LICENSE REQUIRED.  A person must
    3-6  obtain a license to operate a casino on a day cruise casino ship.
    3-7        Sec. 5.  GAMING EMPLOYEE LICENSE REQUIRED.  A person must
    3-8  obtain a license to work as a gaming employee on a day cruise
    3-9  casino ship.
   3-10        Sec. 6.  FEES.  The fee for a day cruise casino ship operator
   3-11  license under Section 3 of this article is $25,000 per ship.  The
   3-12  commission shall set fees for other licenses and renewals under
   3-13  this article in amounts that are reasonable and necessary to cover
   3-14  the complete cost of administering this article and the cost of
   3-15  administering the application process, including background
   3-16  investigations and fingerprint and criminal history record checks.
   3-17  The commission may enter into an interagency contract with the
   3-18  Department of Public Safety to provide background investigations or
   3-19  to provide fingerprint and criminal history record checks required
   3-20  under this article.
   3-21        Sec. 7.  LICENSE APPLICATION; ISSUANCE; RENEWAL.  (a)  An
   3-22  applicant for a license under this article must file a written
   3-23  application with the commissioner on a form prescribed by the
   3-24  commissioner.  The application must be accompanied by the
   3-25  appropriate fee.
    4-1        (b)  An application for a license must include:
    4-2              (1)  if the applicant is an individual:
    4-3                    (A)  the applicant's full name;
    4-4                    (B)  the applicant's date and place of birth;
    4-5                    (C)  a physical description of the applicant;
    4-6                    (D)  the applicant's current address and
    4-7  telephone number;
    4-8                    (E)  the applicant's social security number; and
    4-9                    (F)  a statement by the applicant disclosing the
   4-10  applicant's arrest or conviction for any felony or misdemeanor
   4-11  offense other than a misdemeanor offense under the Uniform Act
   4-12  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   4-13  Statutes) or a similar misdemeanor traffic offense;
   4-14              (2)  if the applicant is a corporation:
   4-15                    (A)  the name and address of the corporation's
   4-16  agent for service of process in this state;
   4-17                    (B)  the names and current addresses and
   4-18  telephone numbers of its directors and stockholders;
   4-19                    (C)  the date and place of birth, social security
   4-20  number, and a physical description of each director and individual
   4-21  stockholder;
   4-22                    (D)  the applicant's federal taxpayer
   4-23  identification number, if any; and
   4-24                    (E)  a statement by each director and individual
   4-25  stockholder disclosing any arrest or conviction of that director or
    5-1  stockholder for any felony or misdemeanor offense other than a
    5-2  misdemeanor offense under the Uniform Act Regulating Traffic on
    5-3  Highways (Article 6701d, Vernon's Texas Civil Statutes) or a
    5-4  similar misdemeanor traffic offense;
    5-5              (3)  if the applicant is an unincorporated business
    5-6  association or any other legal entity:
    5-7                    (A)  the names, current addresses and telephone
    5-8  numbers, and percentage of ownership of each of its owners or
    5-9  members;
   5-10                    (B)  the date and place of birth, social security
   5-11  number, and a physical description of each individual owner or
   5-12  member;
   5-13                    (C)  the applicant's federal taxpayer
   5-14  identification number, if any; and
   5-15                    (D)  a statement by each individual owner or
   5-16  member disclosing any arrest or conviction of that owner or member
   5-17  for any felony or misdemeanor offense other than a misdemeanor
   5-18  offense under the Uniform Act Regulating Traffic on Highways
   5-19  (Article 6701d, Vernon's Texas Civil Statutes) or a similar
   5-20  misdemeanor traffic offense;
   5-21              (4)  a detailed statement of the assets and liabilities
   5-22  of the applicant; and
   5-23              (5)  information necessary to determine whether grounds
   5-24  for denial of the license exist under Section 10 of this article.
   5-25        (c)  An application for a day cruise casino ship operator
    6-1  license must be accompanied by:
    6-2              (1)  complete registration information on the ship to
    6-3  be used as a day cruise casino ship;
    6-4              (2)  plans for the ship to be used as a day cruise
    6-5  casino ship, showing the proposed location of the casino space;
    6-6              (3)  a copy of each management or concession contract
    6-7  pertaining to the proposed day cruise casino ship, together with
    6-8  the same information on each person named in the contract as
    6-9  required of an applicant; and
   6-10              (4)  identification of the point of departure and
   6-11  return for all cruises of less than 24 hours duration, designating
   6-12  the city, city cruise ship terminal, or pier or dock at which the
   6-13  ship is regularly berthed for scheduled sailings.
   6-14        (d)  An application for a casino operator license must be
   6-15  accompanied by:
   6-16              (1)  complete registration information on the ship on
   6-17  which the casino will be operated;
   6-18              (2)  plans for the ship to be used as a day cruise
   6-19  casino ship, showing the proposed location of the casino space; and
   6-20              (3)  a detailed description of all games and devices to
   6-21  be used for gaming aboard the ship and the methods for notifying
   6-22  the public that the rules of each game and standards for
   6-23  percentages of wins and losses are prominently displayed on the
   6-24  ship and in the casino.
   6-25        (e)  The commissioner shall not issue a day cruise casino
    7-1  ship operator license or a casino operator license for a ship to
    7-2  operate from a port within a 60-mile radius of the county seat of a
    7-3  county in which a greyhound racetrack licensed under the Texas
    7-4  Racing Act (Article 179e, Vernon's Texas Civil Statutes) is
    7-5  located, if the racetrack has operated for at least 550 days before
    7-6  the license application required by this article is approved.
    7-7        (f)  The commissioner shall issue an appropriate license to
    7-8  an applicant who meets the requirements of this article.  The
    7-9  commissioner shall provide each license holder with a license
   7-10  certificate or credentials.
   7-11        (g)  A license issued under this article expires on the first
   7-12  anniversary of the date it was issued.  A license may be renewed
   7-13  before expiration on the filing of a renewal application in the
   7-14  form prescribed by the commissioner accompanied by the renewal fee.
   7-15        (h)  An applicant or license holder shall notify the
   7-16  commissioner of any change in the information in the applicant's or
   7-17  license holder's most recent application for a license or renewal
   7-18  of a license.  The applicant or license holder shall notify the
   7-19  commissioner of the change in the information not later than the
   7-20  10th day after the date of the change.
   7-21        (i)  The Department of Public Safety may conduct background
   7-22  investigations of an applicant for a license under this article
   7-23  under an interagency contract with the commission.  The
   7-24  commissioner or the Department of Public Safety may require an
   7-25  applicant to supplement an original application with additional
    8-1  information that is reasonably related to the application process.
    8-2        Sec. 8.  FINGERPRINTS.  (a)  An applicant for a license under
    8-3  this article must submit to the commissioner a complete set of
    8-4  fingerprints of the individual applying for the license or, if the
    8-5  applicant is not an individual, of any individual required to be
    8-6  named in the application.
    8-7        (b)  The commissioner, not later than the next day after
    8-8  receiving the fingerprints, shall forward the prints by mail to the
    8-9  Department of Public Safety.  Under an interagency contract with
   8-10  the commission, the department shall classify the fingerprints and
   8-11  check them against its fingerprint files and shall report to the
   8-12  commissioner its findings concerning the criminal record of the
   8-13  applicant or the lack of such a record.  A license may not be
   8-14  issued until the report is made to the commissioner.  The
   8-15  department may maintain records submitted under this article.
   8-16        (c)  The Department of Public Safety may adopt rules
   8-17  governing the fingerprint process described in this section.
   8-18        Sec. 9.  ACCESS TO CRIMINAL HISTORY RECORDS.  (a)  The
   8-19  commissioner may obtain any criminal history record information
   8-20  that relates to an applicant for a license issued by the
   8-21  commissioner under this article and that is maintained by the
   8-22  Department of Public Safety or the Federal Bureau of Investigation
   8-23  Identification Division.  The commissioner may refuse to grant a
   8-24  license to an applicant who fails to provide a complete set of
   8-25  fingerprints.
    9-1        (b)  The commissioner may obtain criminal history record
    9-2  information from any law enforcement agency.
    9-3        (c)  Criminal history record information received by the
    9-4  commissioner under this section from any law enforcement agency
    9-5  that requires the information to be kept confidential as a
    9-6  condition of release of the information is for the exclusive use of
    9-7  the commissioner, is privileged and confidential, and may not be
    9-8  released or otherwise disclosed to any person or agency except in a
    9-9  criminal proceeding, in a hearing conducted by the commissioner or
   9-10  a hearings officer appointed by the commissioner, on court order,
   9-11  or with the consent of the applicant.
   9-12        Sec. 10.  DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION
   9-13  OF LICENSE.  After a hearing, the commissioner shall deny an
   9-14  application for a license or suspend or revoke a license if the
   9-15  commissioner finds that the applicant or license holder:
   9-16              (1)  is an individual who:
   9-17                    (A)  has, in any jurisdiction, been convicted of
   9-18  or placed on probation for a felony, criminal fraud, gambling or a
   9-19  gambling-related offense, or a misdemeanor involving moral
   9-20  turpitude; or
   9-21                    (B)  is married to or related in the first degree
   9-22  of consanguinity or affinity to an individual described in
   9-23  Paragraph (A) of this subdivision;
   9-24              (2)  is not an individual, and an individual described
   9-25  in Subdivision (1) of this section:
   10-1                    (A)  is an officer or director of the applicant
   10-2  or license holder;
   10-3                    (B)  holds more than 10 percent of the stock in
   10-4  the applicant or license holder;
   10-5                    (C)  holds an equitable interest greater than 10
   10-6  percent in the applicant or license holder;
   10-7                    (D)  is a creditor of the applicant or license
   10-8  holder who holds more than 10 percent of the applicant's or license
   10-9  holder's outstanding debt;
  10-10                    (E)  shares or will share in the profits, other
  10-11  than stock dividends, of the applicant or license holder; or
  10-12                    (F)  participates in managing the affairs of the
  10-13  applicant or license holder;
  10-14              (3)  has failed to disclose information that would, if
  10-15  disclosed, render the license holder ineligible for a license under
  10-16  this section;
  10-17              (4)  has failed to provide to the commissioner or the
  10-18  Department of Public Safety supplementary information as required
  10-19  by this article;
  10-20              (5)  has violated this article or a rule adopted under
  10-21  this article; or
  10-22              (6)  has violated a federal or state penal gambling
  10-23  statute.
  10-24        Sec. 11.  OFFENSES.  (a)  A person commits an offense if the
  10-25  person violates Section 3, 4, or 5 of this article.
   11-1        (b)  A person commits an offense if:
   11-2              (1)  the person employs another as a gaming employee;
   11-3              (2)  the person employed is required to hold a gaming
   11-4  employee license under Section 5 of this article; and
   11-5              (3)  the person employed does not have a gaming
   11-6  employee license issued under Section 7 of this article.
   11-7        (c)  A person commits an offense if the person intentionally,
   11-8  knowingly, recklessly, or with criminal negligence makes a false,
   11-9  incorrect, or deceptive material statement to another who is
  11-10  conducting an investigation or exercising discretion under this
  11-11  article or a rule adopted under this article.  In this subsection,
  11-12  "statement" includes:
  11-13              (1)  a written or oral statement; and
  11-14              (2)  a sworn or unsworn statement.
  11-15        (d)  A person commits an offense if the person intentionally,
  11-16  knowingly, recklessly, or with criminal negligence refuses, denies,
  11-17  or hinders entry to another who is exercising or attempting to
  11-18  exercise a power of boarding or inspection under this article.
  11-19        (e)  A person commits an offense if the person intentionally,
  11-20  knowingly, recklessly, or with criminal negligence permits a person
  11-21  younger than 21 years of age to engage in gaming aboard a day
  11-22  cruise casino ship.
  11-23        (f)  A person younger than 21 years of age commits an offense
  11-24  if the person intentionally or knowingly engages in gaming aboard a
  11-25  day cruise casino ship.  An offense under this subsection is a
   12-1  Class C misdemeanor.
   12-2        (g)  Except as provided in Subsection (f) of this section, an
   12-3  offense under this section is a felony of the third degree.
   12-4        Sec. 12.  VENUE.  An offense under this article may be
   12-5  prosecuted in:
   12-6              (1)  the county in which venue is proper under Article
   12-7  13.11, Code of Criminal Procedure; or
   12-8              (2)  Travis County, if:
   12-9                    (A)  it cannot be proved in which county the
  12-10  alleged offense occurred; or
  12-11                    (B)  the offense is the failure to have a valid
  12-12  license under this article.
  12-13        Sec. 13.  ENFORCEMENT.  (a)  The commissioner, comptroller,
  12-14  and Department of Public Safety shall enforce this article.  The
  12-15  commissioner, comptroller, or department may board and inspect a
  12-16  day cruise casino ship located in this state, including the
  12-17  territorial waters of this state, to ensure that the ship is
  12-18  operated in compliance with state or other applicable law.  The
  12-19  commissioner, comptroller, or Department of Public Safety may
  12-20  charter a ship at the expense of a licensed day cruise casino ship
  12-21  operator if the commissioner, comptroller, or department considers
  12-22  it necessary to board the ship at sea.
  12-23        (b)  A license holder may not refuse a request by the
  12-24  commissioner, comptroller, or Department of Public Safety to board
  12-25  or inspect a ship licensed under this article.
   13-1        (c)  The commissioner, comptroller, or Department of Public
   13-2  Safety may initiate a complaint under this article with the
   13-3  commissioner.
   13-4        Sec. 14.  MUNICIPAL REGULATION.  (a)  A municipality by
   13-5  ordinance may impose regulations for the protection of the health
   13-6  and safety of the passengers or crew of day cruise casino ships
   13-7  that regularly take on passengers in the municipality or that are
   13-8  regularly loaded, fueled, repaired, stored, or docked in the
   13-9  municipality, and may levy a boarding fee that does not exceed $1
  13-10  per passenger per trip.
  13-11        (b)  A municipality may inspect a day cruise casino ship that
  13-12  is docked in the municipality to determine whether the ship is
  13-13  being operated in compliance with this article, Chapter 47, Penal
  13-14  Code, municipal ordinances, or other law.
  13-15        (c)  A municipal ordinance may not prohibit any activity
  13-16  relating to a day cruise casino ship that is expressly permissible
  13-17  under this article, Chapter 47, Penal Code, or other state law.  A
  13-18  municipality may not require a license in addition to the licenses
  13-19  required by this article.
  13-20        (d)  A municipality may impose an annual fee on the operator
  13-21  of a day cruise casino ship for the municipality's costs of
  13-22  investigation and inspection.  The annual fee may not exceed
  13-23  $10,000 per ship.
  13-24        SECTION 2.  Section 47.01, Penal Code, is amended by adding
  13-25  Subdivisions (9) and (10) to read as follows:
   14-1              (9)  "Coastline" means the line of mean low tide along
   14-2  the portions of the Texas coast that are in direct contact with the
   14-3  open Gulf of Mexico.
   14-4              (10)  "Day cruise casino ship" has the meaning assigned
   14-5  by Article 179g, Revised Statutes.
   14-6        SECTION 3.  Subsection (c), Section 47.02, Penal Code, is
   14-7  amended to read as follows:
   14-8        (c)  It is an affirmative <a> defense to prosecution under
   14-9  this section that:
  14-10              (1)  the actor reasonably believed that the conduct was
  14-11  permitted under:
  14-12                    (A)  the Bingo Enabling Act (Article 179d,
  14-13  Vernon's Texas Civil Statutes); or
  14-14                    (B)  <under> the Charitable Raffle Enabling Act
  14-15  (Article 179f, Revised Statutes);
  14-16              (2)  the conduct occurred aboard a day cruise casino
  14-17  ship, the actor did not operate the game or contest, and the actor
  14-18  reasonably believed that:
  14-19                    (A)  the owner of the ship and the person
  14-20  operating the game held appropriate licenses under Article 179g,
  14-21  Revised Statutes; and
  14-22                    (B)  the ship was at least three nautical miles
  14-23  gulfward from the coastline at the time the conduct occurred; or
  14-24              (3)  the conduct occurred aboard a day cruise casino
  14-25  ship, the actor held an appropriate license under Article 179g,
   15-1  Revised Statutes, and reasonably believed his conduct complied with
   15-2  that article and rules adopted under that article, and the ship was
   15-3  at least three nautical miles gulfward from the coastline at the
   15-4  time the conduct occurred.
   15-5        SECTION 4.  Subsection (c), Section 47.04, Penal Code, is
   15-6  amended to read as follows:
   15-7        (c)  It is an affirmative defense to prosecution under this
   15-8  section that the gambling place is aboard a day cruise casino ship
   15-9  <an ocean-going vessel that enters the territorial waters of this
  15-10  state to call at a port in this state> if:
  15-11              (1)  the operator of the ship and the operator of the
  15-12  gambling place hold appropriate licenses under Article 179g,
  15-13  Revised Statutes, if licenses are required by that article because
  15-14  of gambling that may occur in <before the vessel enters the
  15-15  territorial waters of this state, the district attorney or, if
  15-16  there  is no district attorney, the county attorney for the county
  15-17  in which the port is located receives notice of the existence of
  15-18  the gambling place on board the vessel and of the anticipated dates
  15-19  on which the vessel will enter and leave> the territorial waters of
  15-20  this state;
  15-21              (2)  the portion of the ship <vessel> that is used as a
  15-22  gambling place is locked or otherwise physically  secured in a
  15-23  manner that makes the area inaccessible to anyone other than the
  15-24  master and crew of the ship <vessel> at all times while the ship
  15-25  <vessel> is located less than three nautical miles gulfward from
   16-1  the coastline <in the territorial waters of this state>;
   16-2              (3)  no person other than the master and crew of the
   16-3  ship <vessel> is permitted to enter <or view> the gambling place
   16-4  while the ship <vessel> is located less than three nautical miles
   16-5  gulfward from the coastline <in the territorial waters of this
   16-6  state>; and
   16-7              (4)  the gambling place is not used for gambling or
   16-8  other gaming purposes while the ship <vessel> is located less than
   16-9  three nautical miles gulfward from the coastline <in the
  16-10  territorial waters of this state>.
  16-11        SECTION 5.  Subsection (c), Section 47.06, Penal Code, is
  16-12  amended to read as follows:
  16-13        (c)  It is an affirmative defense to prosecution under
  16-14  Subsection (a) of this section that the device or equipment is
  16-15  aboard  a day cruise casino ship <an ocean-going vessel that enters
  16-16  the territorial waters  of this state to call at a port in this
  16-17  state> if:
  16-18              (1)  the operator of the ship and the operator of the
  16-19  gambling place hold appropriate licenses under Article 179g,
  16-20  Revised Statutes, if licenses are required by that article because
  16-21  of gambling that may occur in <before the vessel enters the
  16-22  territorial waters of this state, the district attorney or, if
  16-23  there  is no district attorney, the county attorney for the county
  16-24  in which the port is located receives notice of the existence of
  16-25  the device or equipment on board the vessel and of the anticipated
   17-1  dates on which the vessel will enter and leave> the territorial
   17-2  waters of this state;
   17-3              (2)  the portion of the ship <vessel> in which the
   17-4  device or equipment is located is locked or otherwise physically
   17-5  secured in a manner that makes the area inaccessible to anyone
   17-6  other than the master and crew of the ship <vessel> at all times
   17-7  while the ship <vessel> is located less than three nautical miles
   17-8  gulfward from the coastline <in the territorial waters of this
   17-9  state>;
  17-10              (3)  no person other than the master and crew of the
  17-11  ship <vessel> is permitted to enter <or view> the portion of the
  17-12  ship <vessel> in which the device or equipment is located while the
  17-13  ship <vessel> is located less than three nautical miles gulfward
  17-14  from the coastline <in the territorial waters of this state>; and
  17-15              (4)  the device or equipment is not used for gambling
  17-16  or other gaming purposes while the ship <vessel> is located less
  17-17  than three nautical miles gulfward from the coastline <in the
  17-18  territorial waters of this state>.
  17-19        SECTION 6.  Subsection (b), Section 47.07, Penal Code, is
  17-20  amended to read as follows:
  17-21        (b)  It is an affirmative defense to prosecution under this
  17-22  section that the gambling paraphernalia is aboard a day cruise
  17-23  casino ship <an ocean-going vessel that enters the territorial
  17-24  waters of this state to call at a port in this state> if:
  17-25              (1)  the operator of the ship and the operator of the
   18-1  gambling place hold appropriate licenses under Article 179g,
   18-2  Revised Statutes, if licenses are required by that article because
   18-3  of gambling that may occur in <before the vessel enters the
   18-4  territorial waters of this state, the district attorney or, if
   18-5  there is no district attorney, the county attorney for the county
   18-6  in which the port is located receives notice of the existence of
   18-7  the gambling paraphernalia on board the vessel and of the
   18-8  anticipated dates on which the vessel will enter and leave> the
   18-9  territorial waters of this state;
  18-10              (2)  the portion of the ship <vessel> in which the
  18-11  gambling paraphernalia is located is locked or otherwise physically
  18-12  secured in a manner that makes the area inaccessible to anyone
  18-13  other than the master and crew of the ship <vessel> at all times
  18-14  while the ship <vessel> is located less than three nautical miles
  18-15  gulfward from the coastline <in the territorial waters of this
  18-16  state>;
  18-17              (3)  no person other than the master and crew of the
  18-18  ship <vessel> is permitted to enter <or view> the portion of the
  18-19  ship <vessel> in which the gambling paraphernalia is located while
  18-20  the ship <vessel> is located less than three nautical miles
  18-21  gulfward from the coastline <in the territorial waters of this
  18-22  state>; and
  18-23              (4)  the gambling paraphernalia is not used for
  18-24  gambling or other gaming purposes while the ship <vessel> is
  18-25  located less than three nautical miles gulfward from the coastline
   19-1  <in the territorial waters of this state>.
   19-2        SECTION 7.  Article 179f, Revised Statutes, as added by
   19-3  Section 5, Chapter 1030, Acts of the 71st Legislature, Regular
   19-4  Session, 1989, is repealed.
   19-5        SECTION 8.  (a)  The change in law made by this Act applies
   19-6  only to an offense committed on or after the effective date of this
   19-7  Act.  For purposes of this section, an offense is committed before
   19-8  the effective date of this Act if any element of the offense occurs
   19-9  before the effective date.
  19-10        (b)  An offense committed before the effective date of this
  19-11  Act is covered by the law in effect when the offense was committed,
  19-12  and the former law is continued in effect for that purpose.
  19-13        SECTION 9.  (a)  This Act takes effect September 1, 1993.
  19-14        (b)  A person who on the effective date of this Act operates
  19-15  a cruise ship having a casino may continue to operate the ship and
  19-16  may conduct gambling in the territorial waters of this state as
  19-17  permitted by Chapter 47, Penal Code, as amended by this Act, or
  19-18  outside the territorial waters of this state without obtaining a
  19-19  license under Article 179g, Revised Statutes, as added by this Act,
  19-20  if:
  19-21              (1)  the person holds a license to operate the ship
  19-22  issued by a municipality; and
  19-23              (2)  the municipal licensing procedure requires
  19-24  appropriate Department of Public Safety approval of the owner and
  19-25  operator of the ship.
   20-1        (c)  A person operating a ship under Subsection (b) of this
   20-2  section shall notify the commissioner of licensing and regulation
   20-3  before the person conducts gambling in the territorial waters of
   20-4  this state as permitted by Chapter 47, Penal Code, as amended by
   20-5  this Act.  The commissioner shall provide the person with an
   20-6  appropriate application for a license under Article 179g, Revised
   20-7  Statutes, as added by this Act, as soon as the applications are
   20-8  developed.
   20-9        (d)  A person operating a cruise ship having a casino under
  20-10  Subsection (b) of this section may not conduct gambling in the
  20-11  territorial waters of this state if the commissioner of licensing
  20-12  and regulation denies the person a license under Article 179g,
  20-13  Revised Statutes.
  20-14        SECTION 10.  The importance of this legislation and the
  20-15  crowded condition of the calendars in both houses create an
  20-16  emergency and an imperative public necessity that the
  20-17  constitutional rule requiring bills to be read on three several
  20-18  days in each house be suspended, and this rule is hereby suspended.