By Wilson H.B. No. 2368
76R730 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment and operation of state-owned casinos;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 4, Government Code, is amended
1-6 by adding Chapters 468, 469, and 470 to read as follows:
1-7 CHAPTER 468. STATE CASINO GAMING
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 468.001. SHORT TITLE. This chapter may be cited as the
1-10 State Casino Act.
1-11 Sec. 468.002. DEFINITIONS. In this chapter:
1-12 (1) "Casino employee" means a person who is licensed
1-13 under this chapter to be employed in a position listed in Section
1-14 468.052.
1-15 (2) "Casino game" means baccarat, blackjack, big six
1-16 wheel, craps, keno, minibaccarat, pai gow poker, red dog, roulette,
1-17 sic bo, slot machines, and video casino machines.
1-18 (3) "Casino operator" means a person employed under
1-19 Section 469.064.
1-20 (4) "Casino player" means a person who has paid for a
1-21 chance to play and to receive winnings from a casino game.
1-22 (5) "Casino vendor" means a person who contracts to
1-23 perform a function, activity, or service in connection with state
1-24 casino gaming.
2-1 (6) "Commission" means the Texas Casino Commission.
2-2 (7) "Enforcement director" means the director of the
2-3 enforcement division.
2-4 (8) "Enforcement division" means the division of state
2-5 casino gaming enforcement established by the commission under
2-6 Chapter 469.
2-7 (9) "Executive director" means the executive director
2-8 of the commission.
2-9 (10) "Operations director" means the director of the
2-10 operations division.
2-11 (11) "Operations division" means the division of state
2-12 gaming operations established by the commission under Chapter 469.
2-13 (12) "State casino" means a facility that has been
2-14 approved under this chapter by the commission for casino gaming.
2-15 (13) "State casino gaming" means the operation of
2-16 casino games by the state under this chapter in a state casino in
2-17 which winnings are awarded to casino players and activities related
2-18 to the operation of state casinos are held.
2-19 (14) "Slot machine" means a mechanical, electrical, or
2-20 other machine that, on insertion of money or tokens approved by the
2-21 commission, is available to play, the play of which by reason of
2-22 chance may dispense or entitle the player to receive money, tokens
2-23 approved by the commission, or any thing of value.
2-24 (15) "Video casino machine" means an electronic video
2-25 game machine that, on insertion of money or tokens or other items
2-26 approved by the commission, is available to play or simulate the
2-27 play of the machine, including video poker, keno, or blackjack,
3-1 using a video display and microprocessors and that may entitle the
3-2 player to receive a free play of the machine or credits that are
3-3 redeemable for money or tokens or other items approved by the
3-4 commission or that directly dispense money or tokens or other items
3-5 approved by the commission.
3-6 Sec. 468.003. EXEMPTION FROM TAXATION. (a) A political
3-7 subdivision may not impose:
3-8 (1) a tax on state casino gaming;
3-9 (2) a tax on the payment of winnings under this
3-10 chapter; or
3-11 (3) an ad valorem tax on state casino or adjoining
3-12 real property owned by the commission that directly relates to
3-13 state casino gaming, including parking.
3-14 (b) The receipts from casino gaming are exempt from taxation
3-15 under Chapter 151, Tax Code.
3-16 (Sections 468.004-468.050 reserved for expansion
3-17 SUBCHAPTER B. ADMINISTRATION
3-18 Sec. 468.051. COMMISSION EMPLOYEES. Commission employees
3-19 are exempted from Chapter 654. The executive director shall set
3-20 the salaries of commission employees.
3-21 Sec. 468.052. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE
3-22 DIRECTOR. (a) The commission and the executive director have
3-23 broad authority and shall exercise strict control and close
3-24 supervision over all state casinos and casino games to promote and
3-25 ensure integrity, security, honesty, and fairness in state casino
3-26 gaming.
3-27 (b) The executive director may contract with a casino vendor
4-1 if the commission adopts a rule permitting the function, activity,
4-2 or service to be contracted and the contract is permitted under
4-3 Subsection (c).
4-4 (c) The executive director may award a contract for casino
4-5 supplies or services, including a contract under Subsection (b),
4-6 pending the completion of any investigation authorized by this
4-7 chapter. A contract awarded under this subsection must include a
4-8 provision permitting the executive director to terminate the
4-9 contract without penalty if the investigation reveals that the
4-10 person to whom the contract is awarded would not be eligible for a
4-11 casino employee license under this chapter.
4-12 (d) The commission shall fill the following positions with
4-13 casino employees:
4-14 (1) boxperson;
4-15 (2) casino operator;
4-16 (3) cage personnel;
4-17 (4) count room personnel;
4-18 (5) data processing personnel;
4-19 (6) dealer;
4-20 (7) enforcement officer and investigator;
4-21 (8) floor manager;
4-22 (9) floorperson;
4-23 (10) machine mechanic;
4-24 (11) pit boss;
4-25 (12) security personnel;
4-26 (13) slot machine and slot booth personnel;
4-27 (14) surveillance personnel; and
5-1 (15) any other position required by commission rule to
5-2 be filled with a casino employee.
5-3 Sec. 468.053. RULES. (a) The commission shall adopt all
5-4 rules necessary to administer this chapter and Chapters 469 and
5-5 470. The executive director may propose rules to be adopted by the
5-6 commission.
5-7 (b) The commission shall adopt rules relating to:
5-8 (1) security for state casinos and the commission,
5-9 including the development of internal security plans;
5-10 (2) apportionment of the total revenues from the
5-11 proceeds of casino games and from all other sources in the amounts
5-12 provided by this chapter;
5-13 (3) enforcement of prohibitions on gambling at a state
5-14 casino by an individual younger than 21 years of age;
5-15 (4) enforcement of a prohibition on the sale or
5-16 consumption of food in a state casino; and
5-17 (5) the sale and consumption of alcoholic beverages in
5-18 a state casino as governed by the Alcoholic Beverage Code.
5-19 (c) The commission shall adopt rules governing the
5-20 establishment, operation, and closure of state casinos, including
5-21 rules governing:
5-22 (1) the type and number of casino games to be
5-23 conducted;
5-24 (2) the permissible wager amounts;
5-25 (3) the number of and amount of winnings paid on a
5-26 casino game;
5-27 (4) the number of state casinos;
6-1 (5) the design and operation of each state casino;
6-2 (6) the location of each state casino, based on the
6-3 market surveys, population, estimated demand, and potential revenue
6-4 stream;
6-5 (7) the use of vending machines or electronic or
6-6 mechanical devices of any kind, other than casino games;
6-7 (8) the manner of paying winnings to which a casino
6-8 player is entitled;
6-9 (9) the investigation of alleged violations of this
6-10 chapter or a rule adopted under this chapter;
6-11 (10) the manner of advertising of state casinos;
6-12 (11) the qualifications of casino vendors;
6-13 (12) the confidentiality of information relating to
6-14 the operation of casino gaming, including:
6-15 (A) trade secrets;
6-16 (B) security measures, systems, or procedures;
6-17 (C) security reports;
6-18 (D) bids or other information regarding the
6-19 commission's contracts, if disclosure of the information would
6-20 impair the commission's ability to contract for facilities, goods,
6-21 or services on terms favorable to the commission;
6-22 (E) personnel information unrelated to
6-23 compensation, duties, qualifications, or responsibilities; and
6-24 (F) information obtained by an enforcement
6-25 officer or investigator;
6-26 (13) the criteria used in evaluating bids for
6-27 contracts for casino facilities, goods, and services; and
7-1 (14) any other matter as determined by the commission
7-2 that promotes or ensures:
7-3 (A) the integrity, security, honesty, or
7-4 fairness of state casino gaming; or
7-5 (B) the convenience of casino players.
7-6 Sec. 468.054. ANNUAL REPORT. The commission shall make an
7-7 annual report to the governor and the legislature that provides a
7-8 summary of state casino gaming revenues, winnings disbursements,
7-9 and other expenses for the fiscal year preceding the report. The
7-10 report must be in the form and reported in the time provided by the
7-11 General Appropriations Act.
7-12 Sec. 468.055. REVIEW BY COMPTROLLER. (a) The comptroller
7-13 shall annually review the management and operations of state casino
7-14 gaming. The comptroller may examine books, records, documents,
7-15 things, or persons as necessary for that purpose.
7-16 (b) The comptroller shall report the results of the review
7-17 to the governor, the lieutenant governor, and the speaker of the
7-18 house of representatives.
7-19 Sec. 468.056. AUDITS. (a) The executive director shall
7-20 provide for a certified public accountant to conduct an independent
7-21 audit for each fiscal year of all accounts and transactions of
7-22 state casino gaming. The certified public accountant shall present
7-23 an audit report to the executive director, the commission, the
7-24 governor, the comptroller, and the legislature not later than the
7-25 30th day after the submission date for the annual financial report
7-26 required by the General Appropriations Act. The report must contain
7-27 recommendations to enhance the earnings capability of each state
8-1 casino and improve the efficiency of the commission's operations.
8-2 The state auditor may review the results of and working papers
8-3 related to the audit.
8-4 (b) Each casino operator's and casino employee's records are
8-5 subject to audit by the commission and the state auditor. In
8-6 carrying out this chapter, the executive director or state auditor
8-7 may examine all books, records, papers, or other objects that the
8-8 executive director or state auditor determines are necessary for
8-9 conducting a complete examination under this chapter and may also
8-10 examine under oath any casino operator or casino employee. The
8-11 executive director or state auditor may conduct an examination at a
8-12 state casino or may require the casino operator or casino employee
8-13 to produce the records at the office of the commission or state
8-14 auditor. Section 321.013(h) does not apply to an audit of a casino
8-15 operator or casino employee.
8-16 Sec. 468.057. INVESTIGATIONS. The attorney general, the
8-17 district attorney for Travis County, or the district attorney,
8-18 criminal district attorney, or county attorney performing the
8-19 duties of district attorney for the county in which a violation or
8-20 alleged violation occurred may investigate a violation or alleged
8-21 violation of this chapter and of the Penal Code by the commission
8-22 or its employees, a casino employee, a casino vendor, or a casino
8-23 operator.
8-24 Sec. 468.058. ENFORCEMENT. (a) The executive director or
8-25 designated personnel of the commission may investigate a violation
8-26 of this chapter or a violation of the rules adopted under this
8-27 chapter.
9-1 (b) After conducting an investigation, the executive
9-2 director, a person designated by the commission, or any law
9-3 enforcement agency may file a complaint with the district attorney
9-4 of Travis County or with the district attorney of the county in
9-5 which a violation is alleged to have occurred.
9-6 Sec. 468.059. ENFORCEMENT DIVISION. (a) The executive
9-7 director shall appoint an enforcement director to administer the
9-8 enforcement division. The enforcement director must be qualified
9-9 by training and experience in law enforcement or security to
9-10 supervise, direct, and administer the activities of the enforcement
9-11 division.
9-12 (b) The executive director shall employ state gaming
9-13 enforcement officers and investigators as the executive director
9-14 considers necessary and shall commission state gaming enforcement
9-15 officers and investigators as peace officers. The enforcement
9-16 director and all enforcement officers and investigators employed by
9-17 the department of security as peace officers must meet the
9-18 requirements under Chapter 415 for employment and commission as
9-19 peace officers.
9-20 (c) An enforcement officer or investigator employed by the
9-21 enforcement division or a peace officer who is working in
9-22 conjunction with the commission or the Department of Public Safety
9-23 in the enforcement of this chapter, without a search warrant, may
9-24 search and seize a casino game or other casino equipment, including
9-25 a slot machine or video casino machine, that is located in a state
9-26 casino.
9-27 (d) The Department of Public Safety, at the commission's
10-1 request, shall perform a full criminal background investigation of
10-2 a prospective enforcement officer or investigator of the
10-3 enforcement division. The commission shall reimburse the
10-4 Department of Public Safety for the actual costs of an
10-5 investigation.
10-6 (e) At least once every two years, the executive director
10-7 shall employ an independent firm that is experienced in security,
10-8 including computer security and systems security, to conduct a
10-9 comprehensive study of all aspects of state casino gaming security,
10-10 including:
10-11 (1) commission personnel security;
10-12 (2) casino employee security;
10-13 (3) casino operator and casino vendor security;
10-14 (4) security against fraudulent gambling or cheating;
10-15 (5) casino computer, data communications, database,
10-16 and systems security;
10-17 (6) casino premises and storage security;
10-18 (7) security of validation and payment procedures;
10-19 (8) security involving unclaimed prizes;
10-20 (9) security of each casino game; and
10-21 (10) other security aspects of state casino gaming.
10-22 (f) The executive director shall provide the commission with
10-23 a complete report of the security study conducted under Subsection
10-24 (e). The commission shall provide the governor and the
10-25 legislature, before the convening of each regular legislative
10-26 session, with a summary of the security study that shows the
10-27 overall evaluation of the security of state casino gaming.
11-1 Sec. 468.060. CONFIDENTIAL INFORMATION. (a) Except as
11-2 otherwise provided by law, all commission records are subject to
11-3 public inspection in accordance with Chapter 552.
11-4 (b) In addition to commission records excepted from
11-5 disclosure under Chapter 552, security plans and procedures of the
11-6 commission designed to ensure the integrity and security of state
11-7 casino gaming are confidential and are exempt from public
11-8 disclosure.
11-9 Sec. 468.061. DEPARTMENT OF PUBLIC SAFETY RECORDS. (a)
11-10 Except as otherwise provided by this chapter, all files, records,
11-11 information, compilations, documents, photographs, reports,
11-12 summaries, and reviews of information and related matters
11-13 collected, retained, or compiled by the Department of Public Safety
11-14 in the discharge of its duties under this chapter are confidential
11-15 and are exempt from public disclosure. Each of those items is
11-16 subject to discovery by a person that is the subject of the item.
11-17 (b) An investigation report or other document submitted by
11-18 the Department of Public Safety to the commission becomes part of
11-19 the investigative files of the commission and is subject to
11-20 discovery by a person that is the subject of the investigation
11-21 report or other document.
11-22 (Sections 468.062-468.100 reserved for expansion
11-23 SUBCHAPTER C. PROCUREMENT; ADVERTISING
11-24 Sec. 468.101. PROCUREMENT PROCEDURES. (a) The executive
11-25 director may establish procedures for the purchase or lease of
11-26 facilities, goods, and services and make any purchases, leases, or
11-27 contracts that are necessary for carrying out the purposes of this
12-1 chapter, including the construction or closure of a state casino.
12-2 The procedures must, as determined feasible and appropriate by the
12-3 executive director, promote competition to the maximum extent
12-4 possible.
12-5 (b) In all procurement decisions, the executive director
12-6 shall take into account the sensitive nature of state casino gaming
12-7 and shall act to promote and ensure integrity, security, honesty,
12-8 and fairness in the construction, operation, administration, and
12-9 closure of a state casino and the objective of producing revenues.
12-10 (c) The procurement procedures adopted by the executive
12-11 director must, as determined feasible and appropriate by the
12-12 executive director, afford a party aggrieved by the terms of a
12-13 solicitation or the award of a contract an opportunity to protest
12-14 the executive director's action to the commission. The protest
12-15 procedures must provide for an expedient resolution of the protest
12-16 in order to avoid substantially delaying a solicitation or contract
12-17 award that is necessary for the timely implementation of a state
12-18 casino or casino game. A protest must be in writing and be filed
12-19 with the commission not later than 72 hours after receipt of notice
12-20 of the executive director's action.
12-21 (d) A party aggrieved by the commission's resolution of a
12-22 protest under Subsection (c) may file an action in the district
12-23 court of Travis County. The court shall give preference to
12-24 hearings and trials of actions under this section. If the party
12-25 filing the action seeks to enjoin the implementation of a
12-26 solicitation or contract, the party shall post a bond that is
12-27 payable to the commission, if the party does not prevail in the
13-1 appeal, and is in an amount sufficient to compensate the commission
13-2 for the revenue that would be lost due to the delay to that aspect
13-3 of state casino gaming.
13-4 (e) The commission shall require any person seeking to
13-5 contract for goods or services relating to the implementation and
13-6 administration of this chapter to submit to competitive bidding
13-7 procedures under rules adopted by the commission. The procedures
13-8 must be for the purpose of ensuring fairness and integrity.
13-9 Sec. 468.102. LIQUIDATED DAMAGES; PERFORMANCE BOND. A
13-10 contract for the acquisition or provision of facilities, supplies,
13-11 equipment, materials, or services related to state casino gaming
13-12 must provide for liquidated damages and a performance bond in an
13-13 amount equal to the executive director's best available estimate of
13-14 the revenue that would be lost if the contractor fails to meet
13-15 deadlines specified in the contract.
13-16 Sec. 468.103. PROHIBITED CONTRACTS. The executive director
13-17 may not award a contract for the purchase or lease of facilities,
13-18 goods, or services related to state casino gaming to a person who
13-19 would be denied a license as a casino employee under Section
13-20 468.155.
13-21 Sec. 468.104. ASSISTANCE OF GENERAL SERVICES COMMISSION. On
13-22 request of the executive director, the General Services Commission
13-23 shall assist the executive director in:
13-24 (1) acquiring facilities, supplies, materials,
13-25 equipment, and services under Subtitle D, Title 10; or
13-26 (2) establishing procedures for the executive
13-27 director's accelerated acquisition of facilities, supplies,
14-1 materials, equipment, and services for state casino gaming.
14-2 Sec. 468.105. APPLICABILITY OF OTHER LAW. (a) A contract
14-3 for the acquisition or provision of facilities, supplies,
14-4 equipment, materials, or services related to state casino gaming is
14-5 not subject to:
14-6 (1) Chapter 2054 or 2254; or
14-7 (2) Subtitle D, Title 10.
14-8 (b) Notwithstanding the provisions of Title 2, Utilities
14-9 Code, the commission may negotiate rates and execute contracts with
14-10 telecommunications service providers for the interexchange services
14-11 necessary for state casino gaming. The commission may acquire
14-12 transmission facilities by lease, purchase, or lease-purchase. The
14-13 acquisition of transmission facilities must be done on a
14-14 competitive bid basis, if possible.
14-15 Sec. 468.106. PREFERENCE FOR TEXAS BUSINESSES. (a) In all
14-16 contracts for casino equipment, supplies, services, and
14-17 advertising, the commission shall give preference to equipment or
14-18 supplies produced in this state or services or advertising offered
14-19 by bidders from this state if the cost to the state and quality are
14-20 equal.
14-21 (b) If equipment or supplies produced in this state or
14-22 services or advertising offered by a bidder from this state are not
14-23 equal in cost and quality, then equipment or supplies produced in
14-24 another state or services or advertising offered by a bidder from
14-25 another state shall be given preference over foreign equipment,
14-26 supplies, services, or advertising.
14-27 Sec. 468.107. MINORITY BUSINESSES. (a) In this section:
15-1 (1) "Minority business" means a business entity at
15-2 least 51 percent of which is owned by minority group members or, in
15-3 the case of a corporation, at least 51 percent of the shares of
15-4 which are owned by minority group members, and that:
15-5 (A) is managed and, in daily operations,
15-6 controlled by minority group members; and
15-7 (B) is a domestic business entity with a home or
15-8 branch office located in this state and is not a branch or
15-9 subsidiary of a foreign corporation, firm, or other business
15-10 entity.
15-11 (2) "Minority group members" include:
15-12 (A) African Americans;
15-13 (B) American Indians;
15-14 (C) Asian Americans; and
15-15 (D) Mexican Americans and other Americans of
15-16 Hispanic origin.
15-17 (b) The executive director and each casino operator shall
15-18 take positive steps to:
15-19 (1) inform minority businesses of opportunities to:
15-20 (A) provide casino equipment and supplies to the
15-21 commission; or
15-22 (B) provide services, including advertising, to
15-23 the commission for the operation of a state casino.
15-24 (2) award contracts for casino equipment or supplies
15-25 to minority businesses when possible;
15-26 (3) award contracts for casino services, including
15-27 advertising, to minority businesses when possible;
16-1 (4) monitor the effectiveness of the efforts to
16-2 increase the ability of minority businesses to do business with the
16-3 commission; and
16-4 (5) require all bidders or contractors, when
16-5 appropriate, to include specific plans or arrangements to use
16-6 subcontracts with minority businesses.
16-7 (c) The commission shall annually report to the legislature
16-8 and the governor on the level of minority business participation as
16-9 pertains to the commission's contracts. The report must include
16-10 recommendations for the improvement of minority business
16-11 opportunities in casino-related business.
16-12 Sec. 468.108. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A
16-13 state officer, including a commission member or the executive
16-14 director, or an officer or employee of the commission may not
16-15 appear in an advertisement or promotion for state casino gaming
16-16 that is sponsored by the commission or in a televised casino
16-17 drawing. An advertisement or promotion for state casino gaming may
16-18 not contain the likeness or name of a state officer, including a
16-19 commission member or the executive director, or an officer or
16-20 employee of the commission.
16-21 (b) The executive director may designate an employee of the
16-22 commission to participate in a promotional event.
16-23 Sec. 468.109. PROHIBITED ADVERTISEMENTS. Advertisements or
16-24 promotions sponsored by the commission for state casino gaming may
16-25 not be specifically designed to unduly influence a person to visit
16-26 a state casino.
17-1 (Sections 468.110-468.150 reserved for expansion
17-2 SUBCHAPTER D. LICENSING OF CASINO EMPLOYEES
17-3 Sec. 468.151. LICENSE REQUIRED. (a) An individual must
17-4 hold a casino employee license to be employed by the commission in
17-5 a position listed in Section 468.052(d).
17-6 (b) The executive director may establish a provisional
17-7 license or other classes of licenses necessary in emergencies to
17-8 regulate and administer the quantity and type of casino games
17-9 provided at each state casino.
17-10 (c) The executive director may license as a casino employee
17-11 an individual the executive director believes will best serve the
17-12 public. A license may not be transferred or assigned to another
17-13 person.
17-14 (d) The executive director may issue a license to an
17-15 individual only if the director finds that the individual's
17-16 experience, character, and general fitness are such that the
17-17 individual's participation as a casino employee will not detract
17-18 from the integrity, security, honesty, and fairness of state casino
17-19 gaming.
17-20 Sec. 468.152. LICENSE APPLICATION; FEE. (a) An applicant
17-21 for a license under this subchapter must:
17-22 (1) apply to the enforcement division under rules
17-23 adopted by the commission;
17-24 (2) provide information necessary to determine the
17-25 applicant's eligibility for a license under Section 468.155; and
17-26 (3) provide other information considered necessary by
17-27 the commission.
18-1 (b) The applicant must include an application fee with each
18-2 application. The executive director shall set the application fee
18-3 in an amount that is at least sufficient to cover the costs
18-4 incurred by the enforcement division and by the Department of
18-5 Public Safety to process the application. The executive director
18-6 shall determine from information provided by the department the
18-7 amount required for costs incurred by the department and shall
18-8 allocate those amounts to the department at least monthly. If the
18-9 executive director denies an application for a license based on a
18-10 factor listed in Section 468.154, the executive director shall
18-11 refund one-half of the application fee to the applicant. If the
18-12 executive director denies an application based on another factor,
18-13 the executive director may not refund any part of the application
18-14 fee.
18-15 (c) Applications for licenses must be available for public
18-16 inspection during regular office hours.
18-17 (d) A fee collected under this section shall be deposited in
18-18 the state treasury to the credit of the state casino account.
18-19 Sec. 468.153. CHANGE IN APPLICATION INFORMATION. An
18-20 applicant or casino employee shall notify the executive director of
18-21 any change in the information in the applicant's or casino
18-22 employee's most recent application for a license or renewal of a
18-23 license. The applicant or casino employee shall notify the
18-24 director of the change in the information not later than the 10th
18-25 day after the date of the change.
18-26 Sec. 468.154. RULES. The commission shall adopt rules under
18-27 which, before issuing a license to an applicant, the director shall
19-1 consider:
19-2 (1) the financial responsibility and security of the
19-3 applicant;
19-4 (2) the sufficiency of existing casino employees to
19-5 serve the public convenience; and
19-6 (3) any other factor that the executive director
19-7 considers appropriate.
19-8 Sec. 468.155. DENIAL OF APPLICATION OR SUSPENSION OR
19-9 REVOCATION OF LICENSE. (a) After a hearing, the director shall
19-10 deny an application for a license or the commission shall suspend
19-11 or revoke a license if the director or commission, as applicable,
19-12 finds that the applicant or casino employee:
19-13 (1) is an individual who:
19-14 (A) has been convicted of a felony, criminal
19-15 fraud, gambling or a gambling-related offense, or a misdemeanor
19-16 involving moral turpitude, if less than 10 years have elapsed since
19-17 the termination of the sentence, parole, mandatory supervision, or
19-18 probation served for the offense;
19-19 (B) is or has been a professional gambler;
19-20 (C) is married to an individual:
19-21 (i) described in Paragraph (A) or (B); or
19-22 (ii) who is currently delinquent in the
19-23 payment of any state tax;
19-24 (D) is an officer or employee of the commission;
19-25 or
19-26 (E) is a spouse, child, brother, sister, or
19-27 parent residing as a member of the same household in the principal
20-1 place of residence of a person described by Paragraph (D);
20-2 (2) is currently delinquent in the payment of any
20-3 state tax; or
20-4 (3) has violated this chapter or a rule adopted under
20-5 this chapter.
20-6 (b) If the executive director proposes to deny an
20-7 application for a license or the commission proposes to suspend or
20-8 revoke a license under this section, the applicant or casino
20-9 employee is entitled to written notice of the time and place of the
20-10 hearing. A notice may be served on an applicant or casino employee
20-11 personally or sent by certified or registered mail, return receipt
20-12 requested, to the person's mailing address as it appears in the
20-13 commission's records. A notice must be served or mailed not later
20-14 than the 20th day before the date of the hearing. The commission
20-15 shall provide for a formal administrative hearings process.
20-16 (c) At a hearing, an applicant or casino employee must show
20-17 by a preponderance of the evidence why the application should not
20-18 be denied or the license suspended or revoked.
20-19 (d) The executive director shall give an applicant or casino
20-20 employee written notice of a denial of an application or a
20-21 suspension or revocation of a license.
20-22 (e) The executive director may not issue a license to a
20-23 person who has previously had a license under this chapter revoked
20-24 unless the executive director is satisfied the person will comply
20-25 with this chapter and the rules adopted under this chapter. The
20-26 executive director may prescribe the terms under which a suspended
20-27 license will be reissued.
21-1 Sec. 468.156. BOND; INSURANCE. (a) Each casino employee
21-2 shall post a cash bond, surety bond, letter of credit, certificate
21-3 of deposit, or other security approved by the executive director,
21-4 including the contribution of cash to a pooled bond fund
21-5 established by the executive director to protect state casino
21-6 gaming from possible losses. The amount of the security shall be
21-7 determined by the executive director and must proportionately
21-8 reflect the possible losses to state casino gaming from the duties
21-9 of the casino employee.
21-10 (b) The executive director may also require a casino
21-11 employee to maintain insurance if necessary to protect the
21-12 interests of the state.
21-13 Sec. 468.157. POSSESSION OF LICENSE. As prescribed by rule,
21-14 each casino employee shall have on the person the person's license
21-15 anytime the casino employee is in a state casino.
21-16 Sec. 468.158. EXPIRATION OF LICENSE; RENEWAL. (a) Unless
21-17 suspended or revoked, a license expires on the date specified in
21-18 the license, which may not be later than the second anniversary of
21-19 its date of issuance.
21-20 (b) The commission shall adopt rules for the renewal of
21-21 licenses. The director shall set the fee for a renewal of a
21-22 license in an amount at least sufficient to cover the cost of
21-23 processing the renewal.
21-24 (c) A casino employee must file a renewal application and
21-25 pay the renewal fee before the casino employee's license expires.
21-26 Sec. 468.159. INTERRUPTION OF EMPLOYMENT OR BANKRUPTCY OF
21-27 CASINO EMPLOYEE. A license issued under this chapter expires:
22-1 (1) on the expiration of a 180-day period during which
22-2 the license holder is not employed by a state casino or the
22-3 commission; or
22-4 (2) when the license holder files for bankruptcy.
22-5 (Sections 468.160-468.200 reserved for expansion
22-6 SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS
22-7 Sec.468.201. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
22-8 (a) The commission is entitled to conduct an investigation of, and
22-9 is entitled to obtain criminal history record information
22-10 maintained by the Department of Public Safety, the Federal Bureau
22-11 of Investigation Identification Division, or another law
22-12 enforcement agency to assist in the investigation of:
22-13 (1) a casino employee or an applicant for a casino
22-14 employee license;
22-15 (2) a person required to be named in a license
22-16 application;
22-17 (3) a casino operator or prospective casino operator;
22-18 (4) a person who manufactures or distributes casino
22-19 equipment or supplies, or a representative of a person who
22-20 manufactures or distributes casino equipment or supplies offered to
22-21 the commission;
22-22 (5) a person who has submitted a written bid or
22-23 proposal to the commission in connection with the procurement of
22-24 goods or services by the commission, if the amount of the bid or
22-25 proposal exceeds $500;
22-26 (6) a person who proposes to enter into or who has a
22-27 contract with the commission to supply goods or services to the
23-1 commission; or
23-2 (7) if a person described in Subdivisions (4) through
23-3 (6) is not an individual, an individual who:
23-4 (A) is an officer or director of the person;
23-5 (B) holds more than 10 percent of the stock in
23-6 the person;
23-7 (C) holds an equitable interest greater than 10
23-8 percent in the person;
23-9 (D) is a creditor of the person who holds more
23-10 than 10 percent of the person's outstanding debt;
23-11 (E) is the owner or lessee of a business that
23-12 the person conducts or through which the person will conduct
23-13 casino-related activities;
23-14 (F) shares or will share in the profits, other
23-15 than stock dividends, of the person;
23-16 (G) participates in managing the affairs of the
23-17 person; or
23-18 (H) is an employee of the person who:
23-19 (i) enters or will enter a state casino to
23-20 perform a business function; or
23-21 (ii) is or will be in close proximity to
23-22 state casino gaming money.
23-23 (b) The commission shall conduct an investigation of and
23-24 obtain criminal history record information maintained by the
23-25 Department of Public Safety, the Federal Bureau of Investigation
23-26 Identification Division, or another law enforcement agency to
23-27 assist in the investigation of:
24-1 (1) the executive director or a prospective executive
24-2 director; or
24-3 (2) an employee or prospective employee of the
24-4 commission.
24-5 (c) Not later than the first anniversary after the date of
24-6 each renewal, the commission shall obtain criminal history record
24-7 information maintained by the Department of Public Safety on a
24-8 casino employee whose license is renewed under Section 468.158.
24-9 Sec. 468.202. FINGERPRINTS. (a) The executive director
24-10 may discharge from employment an employee of the commission who
24-11 fails to provide a complete legible set of fingerprints on request.
24-12 The executive director may refuse to consider a prospective
24-13 employee of the commission who fails to provide a complete legible
24-14 set of fingerprints on request.
24-15 (b) The executive director may deny an application for a
24-16 license or the commission may suspend or revoke a license if the
24-17 applicant or casino employee fails on request to provide a complete
24-18 legible set of fingerprints of a person required to be named in a
24-19 license application.
24-20 Sec. 468.203. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS
24-21 OF INVESTIGATION. (a) The executive director may request the
24-22 cooperation of the Department of Public Safety to perform a
24-23 background investigation of a person listed in Section 468.201(a)
24-24 or (b). The executive director shall reimburse the department for
24-25 the actual cost of an investigation.
24-26 (b) The executive director may require a person who is
24-27 subject to investigation to pay all costs of the investigation and
25-1 to provide any information, including fingerprints, necessary to
25-2 carry out the investigation or facilitate access to state or
25-3 federal criminal history record information. Payments made to the
25-4 executive director under this subsection shall be deposited in the
25-5 general revenue fund and may be used to reimburse the Department of
25-6 Public Safety for the actual costs of an investigation.
25-7 (c) Unless otherwise prohibited by law, the Department of
25-8 Public Safety may retain any record or information submitted to it
25-9 under this section. The department shall notify the executive
25-10 director of any change in information provided to the executive
25-11 director when the department learns of the change.
25-12 Sec. 468.204. ACCESS TO INTERNAL REVENUE SERVICE
25-13 INFORMATION. The executive director may obtain information
25-14 relating to a person's qualification for licensing, employment, or
25-15 contracting under this chapter from the Internal Revenue Service
25-16 under a contract between the comptroller and the Internal Revenue
25-17 Service on:
25-18 (1) a casino employee or an applicant for a casino
25-19 employee license;
25-20 (2) an employee or prospective employee of the
25-21 commission;
25-22 (3) a person required to be named in a license
25-23 application;
25-24 (4) a casino operator or prospective casino operator;
25-25 (5) a person who manufactures or distributes casino
25-26 equipment or supplies, or a representative of a person who
25-27 manufactures or distributes casino equipment or supplies offered to
26-1 the casino;
26-2 (6) a person who has submitted a written bid or
26-3 proposal to the commission in connection with the procurement of
26-4 goods or services by the commission; or
26-5 (7) a person who proposes to enter into or who has a
26-6 contract with the commission to supply goods or services to the
26-7 commission.
26-8 Sec. 468.205. CONFIDENTIAL INFORMATION. (a) All
26-9 information received by the executive director from the Internal
26-10 Revenue Service is confidential and may only be used as provided by
26-11 the contract between the comptroller and the Internal Revenue
26-12 Service under which the information was obtained.
26-13 (b) The commission shall adopt rules governing the custody
26-14 and use of criminal history record information obtained under this
26-15 subchapter.
26-16 (c) The comptroller shall adopt rules governing the custody
26-17 and use of information obtained from the Internal Revenue Service
26-18 under this subchapter.
26-19 (Sections 468.206-468.250 reserved for expansion
26-20 SUBCHAPTER F. REGULATION OF CASINO GAMES
26-21 Sec. 468.251. GAMES. (a) The executive director shall
26-22 prescribe the form of casino games subject to adoption by the
26-23 commission.
26-24 (b) The toll-free "800" telephone number established by the
26-25 Texas Commission on Alcohol and Drug Abuse under Section 461.018,
26-26 Health and Safety Code, must be affixed to each casino game or be
26-27 in the plain view of a casino player of the casino game.
27-1 (c) The overall estimated odds of and amount of probable
27-2 winnings of a particular casino game must be printed on each casino
27-3 game or be in the plain view of a casino player of the casino game
27-4 and be prominently displayed at each entrance to a state casino.
27-5 The estimate must be based on reasonable projections and past
27-6 experience.
27-7 Sec. 468.252. AGREEMENT TO ABIDE BY RULES. (a) By entering
27-8 a state casino, a person agrees to abide by and be bound by the
27-9 commission's rules, including the rules applicable to any casino
27-10 game played. A casino player acknowledges that the determination
27-11 of whether the casino player is a valid winner is subject to:
27-12 (1) the commission's rules and claims procedures,
27-13 including those developed for the particular casino game involved;
27-14 and
27-15 (2) any validation tests established by the commission
27-16 for the particular casino game involved.
27-17 (b) Each casino must have available the rules or a reference
27-18 to the rules applicable to a particular casino game at that casino.
27-19 Sec. 468.253. GAMBLING BY OR PAYMENT OF WINNINGS TO CERTAIN
27-20 PERSONS. A person may not gamble or claim, collect, or receive
27-21 winnings or a share of winnings from a state casino if the person
27-22 is:
27-23 (1) a member, officer, or employee of a person that
27-24 has contracted with the commission to sell or lease goods or
27-25 services used in the casino;
27-26 (2) a casino employee or casino operator;
27-27 (3) an officer or employee of the commission; or
28-1 (4) a spouse, child, brother, sister, or parent
28-2 residing as a member of the same household in the principal place
28-3 of residence of a person described by Subdivision (1), (2), or (3).
28-4 Sec. 468.254. REPRESENTATIVES BY PERSON CLAIMING CASINO
28-5 WINNINGS. A person claiming or attempting to claim winnings from a
28-6 state casino or a share of winnings from a state casino prize
28-7 represents that the ticket or other item showing that the person is
28-8 entitled to the winnings or share was lawfully obtained, is not
28-9 stolen, forged, or altered, and has not previously been redeemed.
28-10 (Sections 468.255-468.300 reserved for expansion
28-11 SUBCHAPTER G. OFFENSES
28-12 Sec. 468.301. VENUE. Venue is proper in Travis County or
28-13 any county in which venue is proper under Chapter 13, Code of
28-14 Criminal Procedure, for:
28-15 (1) an offense under this chapter;
28-16 (2) an offense under the Penal Code, if the accused:
28-17 (A) is a casino operator, casino vendor, casino
28-18 employee, or an enforcement officer or investigator; and
28-19 (B) is alleged to have committed the offense
28-20 while engaged in any aspect of casino gaming; or
28-21 (3) an offense that involves property associated with
28-22 state casino gaming under Title 7 or 11, Penal Code.
28-23 Sec. 468.302. AGGREGATION OF AMOUNTS INVOLVED. When amounts
28-24 are claimed, attempted to be claimed, or obtained in violation of
28-25 this chapter pursuant to one scheme or continuing course of
28-26 conduct, whether from the same or several sources, the conduct may
28-27 be considered as one offense and the amounts aggregated in
29-1 determining the grade of the offense.
29-2 Sec. 468.303. ATTEMPT BY UNLICENSED PERSON. (a) A person
29-3 who is not a casino employee commits an offense if the person
29-4 knowingly attempts to work at a state casino in a position listed
29-5 in Section 468.052(d).
29-6 (b) An offense under this section is a felony of the third
29-7 degree.
29-8 Sec. 468.304. GAMBLING ON CREDIT. (a) A person commits an
29-9 offense if the person knowingly gives money to another person by
29-10 extending credit or lending money to the person to enable the
29-11 person to gamble under this chapter.
29-12 (b) An offense under this section is a Class C misdemeanor.
29-13 Sec. 468.305. GAMBLING BY A PERSON YOUNGER THAN 21 YEARS.
29-14 (a) A casino employee commits an offense if the person recklessly
29-15 allows or attempts to allow a person younger than 21 years of age
29-16 to gamble under this chapter.
29-17 (b) An offense under this section is a Class C misdemeanor.
29-18 Sec. 468.306. CHEATING. (a) In this section, "claim"
29-19 includes an attempt to claim, without regard to whether the attempt
29-20 is successful.
29-21 (b) A person commits an offense if the person wins, attempts
29-22 to win, reduces a losing wager, or attempts to reduce a losing
29-23 wager in connection with a casino game by trick, sleight of hand
29-24 performance, fraud or fraudulent scheme, cards, dice, or device.
29-25 (c) A person commits an offense if the person uses, or
29-26 assists another in the use of, an electronic, electrical, or
29-27 mechanical device which is designed, constructed, or programmed to
30-1 obtain an advantage at gambling at any casino game. A device used
30-2 by any person in violation of this section shall be subject to
30-3 forfeiture.
30-4 (d) A person commits an offense if the person knowingly uses
30-5 bogus or counterfeit chips to play a state casino game.
30-6 (e) A person commits an offense if the person knowingly uses
30-7 an object other than legal tender of the United States or a token
30-8 or other item approved by the commission to play a slot machine or
30-9 video casino machine.
30-10 (f) A person commits an offense if the person knowingly uses
30-11 a legal tender of the United States or a token or other item
30-12 approved by the commission in a slot machine or video casino
30-13 machine that is not the same denomination as legal tender or a
30-14 token or other item intended by the commission to be used in the
30-15 slot machine or video casino machine.
30-16 (g) A person commits an offense if the person knowingly uses
30-17 any cheating or thieving device, including tools, drills, wires,
30-18 coins or tokens attached to strings or wires, or electronic or
30-19 magnetic devices, to facilitate the alignment of any winning
30-20 combination or removing from any slot machine or video casino
30-21 machine any money or other contents in the slot machine or video
30-22 casino machine.
30-23 (h) A person commits an offense if, in a state casino, the
30-24 person knowingly possesses or uses any cheating or thieving device,
30-25 including but not limited to tools, drills, wires, coins attached
30-26 to strings or wires, or electronic or magnetic devices, to
30-27 facilitate removing from any slot machine or video casino machine
31-1 any money or contents in the slot machine or video casino machine,
31-2 except that a casino employee or enforcement officer or
31-3 investigator may possess and use any of these items solely within
31-4 the scope of the person's employment.
31-5 (i) An offense under this section is a Class A misdemeanor
31-6 unless it is shown on the trial of the offense that:
31-7 (1) the amount claimed is greater than $200 but not
31-8 more than $10,000, in which event the offense is a felony of the
31-9 third degree;
31-10 (2) the amount claimed is greater than $10,000, in
31-11 which event the offense is a felony of the second degree; or
31-12 (3) the person has previously been convicted of an
31-13 offense under this section, in which event the offense is a felony
31-14 of the third degree, unless the offense is designated as a felony
31-15 of the second degree under Subdivision (2).
31-16 Sec. 468.307. TAMPERING WITH CASINO EQUIPMENT. (a) A
31-17 person commits an offense if the person knowingly tampers with,
31-18 damages, defaces, or renders inoperable any slot machine or video
31-19 casino machine.
31-20 (b) An offense under this section is a Class B misdemeanor.
31-21 Sec. 468.308. REPORTING AND RECORD VIOLATIONS. (a) A
31-22 person commits an offense if the person, in a license application,
31-23 a book or record required to be maintained by this chapter or a
31-24 rule adopted under this chapter, or a report required to be
31-25 submitted by this chapter or a rule adopted under this chapter:
31-26 (1) makes a statement or entry that the person knows
31-27 to be false or misleading; or
32-1 (2) fails to maintain or make an entry the person
32-2 knows is required to be maintained or made.
32-3 (b) A person commits an offense if the person knowingly
32-4 refuses to produce for inspection by the enforcement director,
32-5 executive director, commission, or state auditor a book, record, or
32-6 document required to be maintained or made by this chapter or a
32-7 rule adopted under this chapter.
32-8 (c) An offense under this section is a Class A misdemeanor.
32-9 Sec. 468.309. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. (a)
32-10 In this section, "statement" includes a written or oral statement
32-11 and a sworn or unsworn statement.
32-12 (b) A person commits an offense if the person knowingly
32-13 makes a material and false, incorrect, or deceptive statement to a
32-14 person conducting an investigation or exercising discretion under
32-15 this chapter or a rule adopted under this chapter.
32-16 (c) An offense under this section is a Class A misdemeanor.
32-17 Sec. 468.310. CONSPIRACY. (a) A person commits an offense
32-18 of conspiracy if, with intent that an offense under this chapter be
32-19 committed:
32-20 (1) the person agrees with one or more other persons
32-21 that they or one or more of them engage in conduct that would
32-22 constitute the offense; and
32-23 (2) one or more of the persons agreeing under
32-24 Subdivision (1) performs an overt act in pursuance of the
32-25 agreement.
32-26 (b) An agreement constituting a conspiracy may be inferred
32-27 from acts of the parties.
33-1 (c) It is not a defense to prosecution for conspiracy under
33-2 this section that:
33-3 (1) one or more of the coconspirators is not
33-4 criminally responsible for the object offense;
33-5 (2) one or more of the coconspirators has been
33-6 acquitted, so long as at least two coconspirators have not been
33-7 acquitted;
33-8 (3) one or more of the coconspirators has not been
33-9 prosecuted or convicted, has been convicted of a different offense,
33-10 or is immune from prosecution;
33-11 (4) the actor belongs to a class of persons that by
33-12 definition of the object offense is legally incapable of committing
33-13 the object offense in an individual capacity; or
33-14 (5) the object offense was not actually committed.
33-15 (d) An offense under this section is one category lower than
33-16 the most serious offense under this chapter that is the object of
33-17 the conspiracy, and if the most serious offense under this chapter
33-18 that is the object of the conspiracy is a felony of the third
33-19 degree, the offense is a Class A misdemeanor.
33-20 (Sections 468.311-468.350 reserved for expansion
33-21 SUBCHAPTER H. REVENUE
33-22 Sec. 468.351. DELIVERY OF FUNDS. (a) All revenue received
33-23 from state casino gaming and all money credited to the state casino
33-24 account from any other source shall be deposited in the state
33-25 treasury through approved state depositories on the settlement day
33-26 or days established by the executive director.
33-27 (b) The executive director shall require each casino
34-1 operator to establish separate electronic funds transfer accounts
34-2 for the purposes of depositing proceeds from each state casino,
34-3 making payments to the operations division, and receiving payments
34-4 from the operations division. The commission by rule shall
34-5 establish the procedures for depositing proceeds from casino gaming
34-6 into electronic funds transfer accounts, as well as other
34-7 procedures regarding the handling of money from state casino
34-8 gaming.
34-9 Sec. 468.352. REPORTING BY CASINO EMPLOYEE; RECORDS. (a)
34-10 The operations director shall require each casino operator to file
34-11 with the operations division reports of receipts and transactions
34-12 relating to state casino gaming in the form and containing the
34-13 information that the operations director requires.
34-14 (b) Each casino operator shall maintain records for each
34-15 gambling period as determined by commission rule of each day that
34-16 adequately establish the disposition of the gambling period, the
34-17 amounts of wagers and other money received from the gambling
34-18 period, and winnings awarded by casino employees.
34-19 Sec. 468.353. LIABILITY OF CASINO EMPLOYEE. Money received
34-20 by a casino employee from wagers placed, less the amount awarded
34-21 for winnings by a casino employee, if any, shall be held in trust
34-22 for the benefit of the operations division before delivery to a
34-23 casino operator or the casino operator's designee, and the casino
34-24 operator is personally liable to the operations division for the
34-25 full amount of the money.
34-26 Sec. 468.354. DUTIES OF COMPTROLLER. (a) The comptroller,
34-27 in consultation with the operations director, shall establish
35-1 procedures for the efficient implementation and operation of an
35-2 electronic funds transfer system to meet the needs of the
35-3 operations director under this chapter.
35-4 (b) The comptroller periodically shall file reports with the
35-5 executive director providing information regarding the revenue
35-6 credited to the state casino account, the investments of the money
35-7 in the account, and the distributions made from the account.
35-8 Sec. 468.355. STATE CASINO ACCOUNT. (a) The state casino
35-9 account is a special account in the general revenue fund. The
35-10 account consists of all revenue received from state casino gaming,
35-11 license and application fees under this chapter, and all money
35-12 credited to the account from any other fund or source under law.
35-13 Interest earned by the state casino account shall be deposited in
35-14 the unobligated portion of the general revenue fund.
35-15 (b) Money in the state casino account may be used only for
35-16 the following purposes and shall be distributed as follows:
35-17 (1) the payment of winnings to casino players;
35-18 (2) the payment of costs incurred in state casino
35-19 gaming;
35-20 (3) the establishment of a pooled bond fund, casino
35-21 prize reserve fund, unclaimed winnings fund, and winnings payment
35-22 account; and
35-23 (4) the balance, after creation of a reserve
35-24 sufficient to pay the amounts needed or estimated to be needed
35-25 under Subdivisions (1) through (3), to be transferred, on or before
35-26 the 15th day of each month, in the following manner:
35-27 (A) 50 percent to the unobligated portion of the
36-1 general revenue fund;
36-2 (B) 38 percent to the casino municipality
36-3 account;
36-4 (C) 10 percent to the casino intra-county
36-5 municipality account; and
36-6 (D) 2 percent to the casino public school
36-7 account.
36-8 Sec. 468.356. ADDITIONAL STATE ACCOUNTS. (a) The casino
36-9 municipality account is an account in the general revenue fund.
36-10 Interest earned by the casino municipality account shall be
36-11 deposited in the unobligated portion of the general revenue fund.
36-12 Money in the casino municipality account may be appropriated only
36-13 to cities in which a state casino is located.
36-14 (b) The casino intra-county municipality account is an
36-15 account in the general revenue fund. Interest earned by the casino
36-16 intra-county municipality account shall be deposited in the
36-17 unobligated portion of the general revenue fund. Money in the
36-18 casino intra-county municipality account may be appropriated only
36-19 to municipalities that are:
36-20 (1) ineligible for an appropriation from the casino
36-21 municipality account; and
36-22 (2) located in counties in which a state casino is
36-23 located.
36-24 (c) The casino public school account is an account in the
36-25 general revenue fund. Interest earned by the casino public school
36-26 account shall be deposited in the unobligated portion of the
36-27 general revenue fund. Money in the casino public school account
37-1 may be appropriated to independent school districts solely for the
37-2 direct benefit of primary and secondary public schools that a
37-3 student would most likely attend if the student were a resident of
37-4 the real property on which a state casino is located.
37-5 Sec. 468.357. APPLICABILITY OF CONSTITUTIONAL PROVISIONS.
37-6 For purposes of Section 49a, Article III, and Section 22, Article
37-7 VIII, Texas Constitution:
37-8 (1) funds received from state casino gaming are not
37-9 revenue; and
37-10 (2) expenses of state casino gaming, including paying
37-11 winnings, are not expenses of state government.
37-12 Sec. 468.358. COMPENSATION OF CASINO EMPLOYEES. (a) The
37-13 executive director in consultation with the casino operators shall
37-14 determine the compensation to be paid to casino employees as
37-15 provided by this section.
37-16 (b) The executive director shall deduct the amount of a
37-17 delinquent tax or other money from the payments made as
37-18 compensation to a casino employee who has been finally determined
37-19 to be:
37-20 (1) delinquent in the payment of a tax or other money
37-21 collected by the comptroller, the Texas Workforce Commission, or
37-22 the Texas Alcoholic Beverage Commission;
37-23 (2) delinquent in making child support payments
37-24 administered or collected by the attorney general;
37-25 (3) in default on a loan made under Chapter 52,
37-26 Education Code; or
37-27 (4) in default on a loan guaranteed under Chapter 57,
38-1 Education Code.
38-2 (c) If a casino employee's compensation exceeds a
38-3 delinquency under Subsection (b), the executive director shall pay
38-4 the balance to the casino employee. The director shall transfer
38-5 the amount deducted to the appropriate agency.
38-6 (d) The attorney general, comptroller, Texas Workforce
38-7 Commission, Texas Alcoholic Beverage Commission, Texas Higher
38-8 Education Coordinating Board, and Texas Guaranteed Student Loan
38-9 Corporation shall each provide the executive director with a report
38-10 of persons who have been finally determined to be delinquent in the
38-11 payment of a tax or other money collected by the agency. The
38-12 commission shall adopt rules regarding the form and frequency of
38-13 reports under this subsection.
38-14 (Sections 468.359-468.400 reserved for expansion
38-15 SUBCHAPTER I. WINNINGS
38-16 Sec. 468.401. SUPERVISION BY ENFORCEMENT DIVISION. The
38-17 enforcement division shall supervise state casino gaming and
38-18 transfers of state casino gaming revenue.
38-19 Sec. 468.402. PAYMENT OF WINNINGS GENERALLY. (a) The
38-20 executive director may authorize winnings to be drawn on the state
38-21 casino account.
38-22 (b) The state is discharged of all further liability on the
38-23 payment of winnings under Section 468.403 or 468.404 or this
38-24 section or under any additional procedures established by rule.
38-25 Sec. 468.403. RIGHT TO WINNINGS NOT ASSIGNABLE. (a) Except
38-26 as provided by this section, the right of any person to winnings is
38-27 not assignable.
39-1 (b) Payment of winnings may be made to the estate of a
39-2 deceased casino player entitled to the winnings.
39-3 (c) Winnings to which a casino player is otherwise entitled
39-4 may be paid to any person under an appropriate judicial order.
39-5 Sec. 468.404. UNCLAIMED WINNINGS. (a) The operations
39-6 division shall retain unclaimed winnings for payment or delivery to
39-7 the casino player entitled to the winnings for 180 days after the
39-8 date on which the casino player became entitled to the winnings.
39-9 (b) If a claim is not made for winnings on or before the
39-10 180th day after the date on which the casino player became entitled
39-11 to the winnings, the winnings shall be used to provide additional
39-12 money to the state casino account for the purposes prescribed by
39-13 Section 468.355(b)(1) or offered in a subsequent casino game.
39-14 (c) A casino player forfeits any claim or entitlement to
39-15 winnings after the expiration of the 180th day after the date on
39-16 which the casino player became entitled to the winnings.
39-17 Sec. 468.405. TREATMENT OF WINNINGS BY INELIGIBLE PERSON. If
39-18 an individual listed in Section 468.253 gambles under this chapter
39-19 or claims or otherwise attempts to collect or receive winnings or a
39-20 share of winnings from a state casino, or an individual younger
39-21 than 21 years of age gambles under this chapter, the individual is
39-22 not eligible to receive the winnings or a share of the winnings,
39-23 and the winnings or share of the winnings otherwise payable are
39-24 treated as unclaimed winnings as provided by Section 468.404.
39-25 CHAPTER 469. TEXAS CASINO COMMISSION
39-26 SUBCHAPTER A. GENERAL PROVISIONS
39-27 Sec. 469.001. DEFINITIONS. In this chapter:
40-1 (1) "Casino operator" means a person employed under
40-2 Section 469.064.
40-3 (2) "Commission" means the Texas Casino Commission.
40-4 (3) "Executive director" means the executive director
40-5 of the Texas Casino Commission.
40-6 (4) "Communicate directly with" has the meaning
40-7 assigned by Section 305.002.
40-8 (5) "Gift" includes a gratuity, trip, meal, or any
40-9 thing of value for which the recipient does not compensate the
40-10 person making the gift and that is not conferred on account of
40-11 kinship or a personal, professional, or business relationship
40-12 independent of the official status of the recipient.
40-13 (6) "Legislation" has the meaning assigned by Section
40-14 305.002.
40-15 (7) "Member of the legislative branch" has the meaning
40-16 assigned by Section 305.002.
40-17 (8) "Participated" means to have taken action as an
40-18 officer or employee through decision, approval, disapproval,
40-19 recommendation, giving advice, or similar action.
40-20 (9) "Particular matter" includes an investigation,
40-21 application, request for a ruling or determination, license
40-22 proceeding, rulemaking, contract, controversy, claim, charge,
40-23 accusation, arrest, or judicial or other proceeding.
40-24 (10) "Person that has a significant financial interest
40-25 in state casino gaming" means:
40-26 (A) a person or a board member, officer,
40-27 trustee, or general partner of a person that manufactures,
41-1 distributes, sells, or produces casino equipment, supplies,
41-2 services, or advertising; or
41-3 (B) an employee of a person that manufactures,
41-4 distributes, sells, or produces casino equipment, supplies,
41-5 services, or advertising and that employee is directly involved in
41-6 the manufacturing, distribution, selling, or production of casino
41-7 equipment, supplies, services, or advertising.
41-8 (11) "Political committee" has the meaning assigned by
41-9 Section 251.001, Election Code.
41-10 (12) "Political contribution" has the meaning assigned
41-11 by Section 251.001, Election Code.
41-12 (13) "State casino gaming" has the meaning assigned by
41-13 Section 468.002.
41-14 Sec. 469.002. APPLICATION OF SUNSET ACT. The Texas Casino
41-15 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
41-16 continued in existence as provided by that chapter, the commission
41-17 is abolished and this chapter and Chapters 468 and 470 expire
41-18 September 1, 2011.
41-19 (Sections 469.003-469.050 reserved for expansion
41-20 SUBCHAPTER B. COMMISSION
41-21 Sec. 469.051. MEMBERSHIP. (a) The commission is composed
41-22 of three members appointed by the governor with the advice and
41-23 consent of the senate.
41-24 (b) In making appointments to the commission, the governor
41-25 shall strive to achieve representation by all the population groups
41-26 of the state with regard to economic status, sex, race, and
41-27 ethnicity.
42-1 Sec. 469.052. TERM OF OFFICE. Members hold office for
42-2 staggered terms of six years with one member's term expiring
42-3 February 1 of each odd-numbered year.
42-4 Sec. 469.053. RESIDENCE REQUIREMENT. An individual is not
42-5 eligible to be a member of the commission unless the individual has
42-6 been a resident of this state for the 10 years preceding the date
42-7 of appointment.
42-8 Sec. 469.054. ELIGIBILITY. (a) In this section, "Texas
42-9 trade association" means a nonprofit, cooperative, and voluntarily
42-10 joined association of business or professional competitors in this
42-11 state designed to assist its members and its industry or profession
42-12 in dealing with mutual business or professional problems and in
42-13 promoting their common interest.
42-14 (b) An individual is not eligible to be an appointed member
42-15 of the commission if the individual:
42-16 (1) owns or controls, directly or indirectly, more
42-17 than a 10 percent interest in a business entity or other
42-18 organization receiving funds from the commission;
42-19 (2) is employed by or participates in the management
42-20 of a business entity or other organization receiving funds from the
42-21 commission;
42-22 (3) uses or receives a substantial amount of tangible
42-23 goods, services, or funds from the commission, other than
42-24 compensation or reimbursement authorized by law for commission
42-25 membership, attendance, or expenses;
42-26 (4) is an officer, employee, or paid consultant of a
42-27 Texas trade association in the gaming industry;
43-1 (5) is required to register as a lobbyist under
43-2 Chapter 305 because of the person's activities for compensation on
43-3 behalf of a profession related to the operation of the commission;
43-4 (6) is married to an individual described by
43-5 Subdivisions (1) through (5);
43-6 (7) has been convicted of a felony or any crime
43-7 involving moral turpitude; or
43-8 (8) is not a citizen of the United States.
43-9 Sec. 469.055. PROHIBITED CONDUCT. (a) A commission member
43-10 may not:
43-11 (1) accept any employment or remuneration from:
43-12 (A) a person that has a significant financial
43-13 interest in the casino; or
43-14 (B) a casino commercial lessor, casino
43-15 distributor, or casino manufacturer;
43-16 (2) play any casino game conducted in this state;
43-17 (3) accept or be entitled to accept any part of the
43-18 winnings paid from a casino game conducted in this state;
43-19 (4) use the member's official authority to affect the
43-20 result of an election or nomination for public office; or
43-21 (5) directly or indirectly, coerce, attempt to coerce,
43-22 command, or advise a person to pay, lend, or contribute any thing
43-23 of value to another person for political purposes.
43-24 (b) A commission member or former commission member or the
43-25 spouse of a commission member or former commission member may not
43-26 solicit or accept employment from a person regulated by the
43-27 commission before the second anniversary of the date on which the
44-1 commission member's service on the commission ends.
44-2 Sec. 469.056. REMOVAL OF COMMISSION MEMBER. (a) The
44-3 governor may remove a commission member if the member:
44-4 (1) does not have at the time of appointment the
44-5 qualifications required for appointment to the commission;
44-6 (2) does not maintain during service on the commission
44-7 the qualifications required for appointment to the commission;
44-8 (3) violates a prohibition established by Section
44-9 469.055;
44-10 (4) cannot discharge the member's duties for a
44-11 substantial part of the term for which the member is appointed
44-12 because of illness or disability; or
44-13 (5) is absent from more than half of the regularly
44-14 scheduled commission meetings that the member is eligible to attend
44-15 during a calendar year unless the absence is excused by majority
44-16 vote of the commission.
44-17 (b) The validity of an action of the commission is not
44-18 affected by the fact that it is taken when a ground for removal of
44-19 a commission member exists.
44-20 (c) If the presiding officer has knowledge that a potential
44-21 ground for removal exists, the presiding officer shall notify the
44-22 governor.
44-23 Sec. 469.057. COMPENSATION AND EXPENSES. (a) A commission
44-24 member is not entitled to compensation for serving on the
44-25 commission.
44-26 (b) A commission member is entitled to reimbursement for
44-27 actual and necessary expenses incurred in performing the member's
45-1 duties, subject to any applicable limitation in the General
45-2 Appropriations Act.
45-3 Sec. 469.058. OFFICES. The commission shall maintain its
45-4 general office in the city of Austin. The commission may also
45-5 establish branch offices.
45-6 Sec. 469.059. PRESIDING OFFICER. The governor shall
45-7 designate one member of the commission as presiding officer of the
45-8 commission to serve in that capacity at the will of the governor.
45-9 Sec. 469.060. MEETINGS. The commission shall hold at least
45-10 six regular meetings each year on dates fixed by the commission.
45-11 The commission may meet at other times at the call of the presiding
45-12 officer or as provided by commission rule.
45-13 Sec. 469.061. DIVISIONS. The commission shall establish the
45-14 division of state gaming enforcement to enforce Chapter 468 and
45-15 rules adopted by the commission, and the division of state gaming
45-16 operations to conduct state casino gaming, including facilitating
45-17 enforcement by the division of state gaming enforcement.
45-18 Sec. 469.062. EXECUTIVE DIRECTOR. (a) The commission shall
45-19 employ an executive director to administer this chapter.
45-20 (b) The executive director holds office at the will of the
45-21 commission and is exempted from Chapter 654.
45-22 Sec. 469.063. DIVISION DIRECTORS. (a) The executive
45-23 director shall employ an enforcement director to oversee the
45-24 division of state gaming enforcement.
45-25 (b) The executive director shall employ an operations
45-26 director to oversee the division of state gaming operations.
45-27 (c) A division director serves at the will of the executive
46-1 director and is exempted from Chapter 654.
46-2 Sec. 469.064. CASINO OPERATORS. (a) The executive director
46-3 shall employ one casino operator for each state casino. Each
46-4 casino operator shall oversee the operation of the state casino
46-5 specified by the executive director.
46-6 (b) A casino operator serves at the will of the executive
46-7 director and is exempted from Chapter 654.
46-8 Sec. 469.065. EMPLOYEES. The executive director shall
46-9 employ other personnel necessary to administer the laws under the
46-10 commission's jurisdiction. Commission employees serve at the will
46-11 of the executive director.
46-12 Sec. 469.066. RESTRICTIONS ON EMPLOYMENT. (a) The
46-13 commission may not employ or continue to employ a person who owns a
46-14 financial interest in a casino commercial lessor, casino
46-15 distributor, or casino manufacturer.
46-16 (b) The commission may not employ or continue to employ a
46-17 person who is a spouse, child, brother, sister, or parent residing
46-18 as a member of the same household in the principal place of
46-19 residence of a person who is subject to a disqualification
46-20 prescribed by Subsection (a).
46-21 (c) In employing the executive director and other employees,
46-22 the commission shall strive to reflect the diversity of the
46-23 population of the state with regard to race, color, handicap, sex,
46-24 religion, age, and national origin.
46-25 Sec. 469.067. ACCESS TO CRIMINAL HISTORY RECORDS. (a) The
46-26 governor shall conduct an investigation of and is entitled to
46-27 obtain criminal history record information maintained by the
47-1 Department of Public Safety, the Federal Bureau of Investigation
47-2 Identification Division, or another law enforcement agency relating
47-3 to an individual the governor intends to appoint to the commission.
47-4 (b) The commission shall conduct an investigation of and is
47-5 entitled to obtain criminal history record information maintained
47-6 by the Department of Public Safety, the Federal Bureau of
47-7 Investigation Identification Division, or another law enforcement
47-8 agency relating to an individual the commission intends to employ.
47-9 (Sections 469.068-469.100 reserved for expansion
47-10 SUBCHAPTER C. POWERS AND DUTIES
47-11 Sec. 469.101. POWERS AND DUTIES OF COMMISSION. (a) The
47-12 commission has the powers provided under Chapter 468 and
47-13 specifically those enumerated under Section 468.052.
47-14 (b) The commission shall ensure that games are conducted
47-15 fairly and in compliance with the law.
47-16 Sec. 469.102. RULES. The commission may adopt rules for the
47-17 enforcement and administration of this chapter and the laws under
47-18 the commission's jurisdiction.
47-19 Sec. 469.103. DUTIES OF EXECUTIVE DIRECTOR. (a) The
47-20 executive director shall perform all duties required by the
47-21 commission to administer this chapter and the laws under the
47-22 commission's jurisdiction. The executive director may not hold
47-23 other employment.
47-24 (b) The executive director may create, abolish, transfer,
47-25 and consolidate bureaus and other units that are part of the
47-26 commission and that are not expressly established by law as the
47-27 executive director determines to be necessary for the efficient
48-1 operation of the commission.
48-2 Sec. 469.104. RECORDS. (a) Except as otherwise provided by
48-3 law, all commission records are subject to public inspection in
48-4 accordance with Chapter 552.
48-5 (b) The executive director shall keep the records of the
48-6 commission.
48-7 Sec. 469.105. LEGAL REPRESENTATION. (a) The attorney
48-8 general shall designate at least one member of the attorney
48-9 general's staff to counsel and advise the commission and to
48-10 represent the commission in legal proceedings. The attorney
48-11 general shall make available to the appropriate prosecuting
48-12 attorneys any information obtained regarding a violation of a law
48-13 under the commission's jurisdiction.
48-14 (b) The attorney general may apply for injunctive or
48-15 declaratory relief to enforce a law under the commission's
48-16 jurisdiction or a rule adopted by the commission. Action by the
48-17 attorney general under this subsection does not limit the authority
48-18 of the attorney general or a prosecuting attorney to bring a
48-19 criminal proceeding.
48-20 Sec. 469.106. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR
48-21 EMPLOYEE. (a) A commission member, the executive director, or an
48-22 employee of the commission may not knowingly accept a gift or
48-23 political contribution from:
48-24 (1) a person that has a significant financial interest
48-25 in state casino gaming;
48-26 (2) a person related in the first degree of
48-27 consanguinity or affinity to a person that has a significant
49-1 financial interest in state casino gaming;
49-2 (3) a person that owns more than a 10 percent interest
49-3 in an entity that has a significant financial interest in state
49-4 casino gaming;
49-5 (4) a political committee that is directly
49-6 established, administered, or controlled, in whole or in part, by a
49-7 person that has a significant financial interest in state casino
49-8 gaming; or
49-9 (5) a person who, within the two years preceding the
49-10 date of the gift or contribution, was entitled to state casino
49-11 winnings exceeding $5,000 in amount or value.
49-12 (b) A person may not make a gift or political contribution
49-13 to a person known by the actor to be a commission member, the
49-14 executive director, or an employee of the commission, if the actor:
49-15 (1) has a significant financial interest in state
49-16 casino gaming;
49-17 (2) is related in the first degree of consanguinity or
49-18 affinity to a person that has a significant financial interest in
49-19 state casino gaming;
49-20 (3) owns more than a 10 percent interest in an entity
49-21 that has a significant financial interest in state casino gaming;
49-22 (4) is a political committee that is directly
49-23 established, administered, or controlled, in whole or in part, by a
49-24 person that has a significant financial interest in state casino
49-25 gaming; or
49-26 (5) within the two years preceding the date of the
49-27 gift or contribution, was entitled to state casino winnings
50-1 exceeding $5,000 in amount or value.
50-2 (c) A person commits an offense if the person violates this
50-3 section. An offense under this section is a Class A misdemeanor.
50-4 Sec. 469.107. GIFT OR POLITICAL CONTRIBUTION TO FORMER
50-5 OFFICER OR EMPLOYEE. (a) A former commission member, former
50-6 executive director, or former employee of the commission may not,
50-7 before the second anniversary of the date that the person's service
50-8 in office or employment with the commission ceases, accept a gift
50-9 or political contribution that the person knows is from:
50-10 (1) a person that has a significant financial interest
50-11 in state casino gaming;
50-12 (2) a person related in the first degree of
50-13 consanguinity or affinity to a person that has a significant
50-14 financial interest in state casino gaming;
50-15 (3) a person that owns more than a 10 percent interest
50-16 in an entity that has a significant financial interest in state
50-17 casino gaming;
50-18 (4) a political committee that is directly
50-19 established, administered, or controlled, in whole or in part, by a
50-20 person that has a significant financial interest in state casino
50-21 gaming; or
50-22 (5) a person who, within the two years preceding the
50-23 date of the gift or contribution, was entitled to state casino
50-24 winnings exceeding $5,000 in amount or value.
50-25 (b) A person may not make a gift or political contribution
50-26 to a person known by the actor to be a former commission member,
50-27 former executive director, or former employee of the commission if
51-1 the actor:
51-2 (1) has a significant financial interest in state
51-3 casino gaming;
51-4 (2) is related in the first degree of consanguinity or
51-5 affinity to a person that has a significant financial interest in
51-6 state casino gaming;
51-7 (3) owns more than a 10 percent interest in an entity
51-8 that has a significant financial interest in state casino gaming;
51-9 (4) is a political committee that is directly
51-10 established, administered, or controlled, in whole or in part, by a
51-11 person that has a significant financial interest in state casino
51-12 gaming; or
51-13 (5) within the two years preceding the date of the
51-14 gift or contribution, was entitled to state casino winnings
51-15 exceeding $5,000 in amount or value.
51-16 (c) A person commits an offense if the person violates this
51-17 section. An offense under this section is a Class A misdemeanor.
51-18 Sec. 469.108. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
51-19 (a) A former commission member, former executive director, or
51-20 former director may not:
51-21 (1) represent any person or receive compensation for
51-22 services rendered on behalf of any person regarding a particular
51-23 matter in which the former officer or employee participated during
51-24 the period of service or employment with the commission, either
51-25 through personal involvement or because the matter was within the
51-26 scope of the officer's or employee's official responsibility; or
51-27 (2) for compensation communicate directly with a
52-1 member of the legislative branch to influence legislation on behalf
52-2 of a person that has a significant financial interest in state
52-3 casino gaming before the sixth anniversary of the date that the
52-4 person's service in office or employment with the commission
52-5 ceases.
52-6 (b) A person commits an offense if the person violates this
52-7 section. An offense under this section is a Class A misdemeanor.
52-8 CHAPTER 470. LOCAL OPTION ELECTIONS FOR STATE CASINO
52-9 SUBCHAPTER A. MANNER OF CALLING ELECTION
52-10 Sec. 470.001. ELECTION TO BE HELD. On proper petition by
52-11 the required number of voters of a county, the commissioners court
52-12 shall order a local option election in the county to determine
52-13 whether or not a state casino shall be prohibited or legalized in
52-14 the county.
52-15 Sec. 470.002. APPLICATION FOR PETITION. If 10 or more
52-16 qualified voters of any county file a written application, the
52-17 county clerk of the county shall issue to the applicants a petition
52-18 to be circulated among the qualified voters of the county for the
52-19 signatures of those qualified voters in the county who desire that
52-20 a local option election be called in that county for the purpose of
52-21 determining whether a state casino shall be prohibited or legalized
52-22 in the county.
52-23 Sec. 470.003. HEADING, STATEMENT, AND ISSUE ON APPLICATION
52-24 FOR PETITION TO PROHIBIT. An application for a petition seeking an
52-25 election to prohibit a state casino shall be headed: "Application
52-26 for Local Option Election Petition to Prohibit." The application
52-27 shall contain a statement just ahead of the signatures of the
53-1 applicants, as follows: "It is the hope, purpose, and intent of
53-2 the applicants whose signatures appear hereon to see prohibited in
53-3 the county a state casino referred to in the issue set out above."
53-4 The petition shall clearly state the issue to be voted on, and that
53-5 issue must be one of those issues set out in Section 470.010.
53-6 Sec. 470.004. HEADING, STATEMENT, AND ISSUE ON APPLICATION
53-7 FOR PETITION TO LEGALIZE. An application for a petition seeking an
53-8 election to legalize a state casino shall be headed: "Application
53-9 for Local Option Election Petition to Legalize." The application
53-10 shall contain a statement just ahead of the signatures of the
53-11 applicants, as follows: "It is the hope, purpose, and intent of
53-12 the applicants whose signatures appear hereon to see legalized in
53-13 the county a state casino referred to in the issue set out above."
53-14 The petition shall clearly state the issue to be voted on, and that
53-15 issue must be one of those issues set out in Section 470.010.
53-16 Sec. 470.005. PETITION REQUIREMENTS. Each petition shall
53-17 show the date it is issued by the county clerk and be serially
53-18 numbered. Each page of a petition shall bear the same date, serial
53-19 number, and the actual seal of the county clerk rather than a
53-20 facsimile of that seal.
53-21 Sec. 470.006. COPIES OF PETITION. (a) The county clerk
53-22 shall supply as many copies of the petition as may be required by
53-23 the applicants but not to exceed more than one page of the petition
53-24 for every 10 registered voters in the county. Each copy shall bear
53-25 the date, number, and seal on each page as required on the original
53-26 petition.
53-27 (b) The county clerk shall keep a copy of each petition and
54-1 a record of the applicants for that petition.
54-2 Sec. 470.007. VERIFICATION OF PETITION. (a) The registrar
54-3 of voters of the county shall check the names of the signers of
54-4 petitions and the voting precincts in which they reside to
54-5 determine whether the signers of the petition were qualified voters
54-6 of the county at the time the petition was issued. The registrar
54-7 shall certify to the commissioners court the number of qualified
54-8 voters signing the petition.
54-9 (b) No signature may be counted, either by the registrar or
54-10 commissioners court, where there is reason to believe that:
54-11 (1) it is not the actual signature of the purported
54-12 signer;
54-13 (2) the voter registration certificate number is not
54-14 correct;
54-15 (3) the voter registration certificate number is not
54-16 in the actual handwriting of the signer;
54-17 (4) it is a duplication either of a name or of
54-18 handwriting used in any other signature on the petition;
54-19 (5) the residence address of the signer is not correct
54-20 or is not in the actual handwriting of the signer; or
54-21 (6) the name of the voter is not signed exactly as it
54-22 appears on the official copy of the current list of registered
54-23 voters for the voting year in which the petition is issued.
54-24 Sec. 470.008. REQUIREMENTS TO ORDER ELECTION. The
54-25 commissioners court, at its next regular session after the petition
54-26 is filed, shall order a local option election to be held on the
54-27 issue set out in the petition if the petition is filed with the
55-1 registrar of voters not later than the 30th day after the date it
55-2 is issued and bears in the actual handwriting of the signers the
55-3 following:
55-4 (1) the actual signatures of a number of qualified
55-5 voters of the county equal to 10 percent of the registered voters
55-6 in the county;
55-7 (2) a notation showing the residence address of each
55-8 of the signers; and
55-9 (3) each signer's voter registration certificate
55-10 number.
55-11 Sec. 470.009. RECORD IN MINUTES. The date a petition is
55-12 presented, the names of the signers and the action taken with
55-13 respect to the petition shall be entered in the minutes of the
55-14 commissioners court.
55-15 Sec. 470.010. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
55-16 The order for the election shall state in its heading and text
55-17 whether the local option election to be held is for the purpose of
55-18 prohibiting or legalizing in the county a state casino set out in
55-19 the issue recited in the application and petition.
55-20 (b) The order shall state the issue to be voted on in the
55-21 election as follows:
55-22 (1) "State casino permitted in county."
55-23 (2) "State casino prohibited in county."
55-24 Sec. 470.011. EVIDENCE OF VALIDITY. The commissioners court
55-25 order for election is prima facie evidence of compliance with all
55-26 provisions necessary to give the order validity or to give the
55-27 commissioners court jurisdiction to make it valid.
56-1 Sec. 470.012. FREQUENCY OF ELECTIONS. A local option
56-2 election on a particular issue may not be held in a county until
56-3 five years have elapsed since the last local option election in
56-4 that county on that issue.
56-5 (Sections 470.013-470.050 reserved for expansion
56-6 SUBCHAPTER B. ELECTION
56-7 Sec. 470.051. CONFORM TO GENERAL ELECTION LAWS. (a) The
56-8 officers holding the local option election shall conform to the
56-9 general laws regulating elections unless otherwise provided in this
56-10 chapter.
56-11 (b) The votes shall be counted after the polls are closed
56-12 and the report of the election submitted to the commissioners court
56-13 not later than the 24th hour after the time of the closing of the
56-14 polls.
56-15 Sec. 470.052. NOTICE OF ELECTION. The county clerk shall
56-16 post or cause to be posted at least one copy of the election order
56-17 in each precinct of the county affected. The notice shall be
56-18 posted at least for the six days preceding the election day.
56-19 Sec. 470.053. TIME OF ELECTION. The election must be held
56-20 on a day not less than 20 and not more than 30 days after the date
56-21 of the commissioners court order for an election.
56-22 Sec. 470.054. VOTING PLACES. (a) The election shall be held
56-23 at a voting place in each regular county election precinct as
56-24 established by the commissioners court inside the affected county.
56-25 (b) The election shall be held at the customary polling
56-26 place in each election precinct. If the customary polling place is
56-27 not available, the commissioners court shall designate another
57-1 polling place.
57-2 Sec. 470.055. APPOINTMENT OF ELECTION JUDGES, CLERKS, AND
57-3 WATCHERS. (a) Election judges, clerks, and watchers shall be
57-4 qualified voters of the election precinct in which they are named
57-5 to serve.
57-6 (b) Appointment of election judges and clerks shall be in
57-7 accordance with the general election laws.
57-8 (c) Election watchers may be appointed in accordance with
57-9 general law, but they must be qualified voters of the election
57-10 precinct where they serve.
57-11 Sec. 470.056. NUMBER OF BALLOTS FURNISHED. The county clerk
57-12 shall furnish the presiding judge of each election precinct with at
57-13 least the number of ballots equal to the number of qualified voters
57-14 in the precinct plus 10 percent of that number of voters.
57-15 Sec. 470.057. ISSUE ON BALLOT. (a) The issue ordered to
57-16 appear on the ballot for an election ordered by the commissioners
57-17 court shall be the same as that applied for and set out in the
57-18 petition.
57-19 (b) The issue appropriate to the election shall be printed
57-20 on the ballot in the exact language stated in Section 470.010.
57-21 Sec. 470.058. COUNTY TO PAY ELECTION EXPENSE. (a) Subject
57-22 to the limitations set forth in Subsection (b), the county shall
57-23 pay the expense of holding a local option election authorized by
57-24 this chapter in the county.
57-25 (b) County expense is limited to the holding of one election
57-26 in each of the political subdivisions in Subsection (a) in a
57-27 five-year period where the intent of the election is to legalize in
58-1 the county a state casino. County expense is limited to the
58-2 holding of one election in the county in a five-year period where
58-3 the intent of the election is to prohibit in the county a state
58-4 casino.
58-5 (Sections 470.059-470.100 reserved for expansion
58-6 SUBCHAPTER C. PROCEDURE FOLLOWING ELECTION
58-7 Sec. 470.101. CANVASS OF VOTES; DECLARATION OF RESULT. (a)
58-8 The commissioners court shall canvass the returns in accordance
58-9 with Chapter 67, Election Code. On completing the canvass, the
58-10 commissioners court shall make an order declaring the result and
58-11 cause the clerk of the commissioners court to record the order as
58-12 provided by law.
58-13 (b) If, in a prohibitory election, a majority of the votes
58-14 cast favor the issue "Against a state casino . . .", the court's
58-15 order must state that a state casino in the county is prohibited
58-16 effective 30 days after the order is entered. The prohibition
58-17 remains in effect until changed by a subsequent local option
58-18 election held under this chapter.
58-19 (c) If, in a legalization election, a majority of the votes
58-20 cast favor the issue "For a state casino . . .", the operation of
58-21 a state casino under Chapter 468 is legal on the entering of the
58-22 court's order. The legalization remains in effect until changed by
58-23 a subsequent local option election held under this chapter.
58-24 (d) The local option election status of a subdivision is not
58-25 changed if:
58-26 (1) in a prohibitory election, a majority of the votes
58-27 cast favor the issue "For a state casino . . ."; or
59-1 (2) in a legalization election, a majority of the
59-2 votes cast favor the issue "Against a state casino . . .".
59-3 Sec. 470.102. ORDER PRIMA FACIE EVIDENCE. The order of the
59-4 commissioners court declaring the result of the election is prima
59-5 facie evidence that all provisions of law have been complied with
59-6 in giving notice of and holding the election, counting and
59-7 returning the votes, and declaring the result of the election.
59-8 Sec. 470.103. CERTIFICATION OF RESULT. Not later than the
59-9 fourth day after the date that the result of a local option
59-10 election has been declared, the county clerk shall certify the
59-11 result to the secretary of state and the commission. The clerk may
59-12 not charge a fee for this service.
59-13 Sec. 470.104. POSTING ORDER PROHIBITING CASINO. A
59-14 commissioners court order declaring the result of a local option
59-15 election and prohibiting a state casino must be published by
59-16 posting the order at three public places in the county in which the
59-17 election was held. The posting of the order shall be recorded in
59-18 the minutes of the commissioners court by the county judge. The
59-19 entry in the minutes or a copy certified under the hand and seal of
59-20 the county clerk is prima facie evidence of posting.
59-21 Sec. 470.105. ELECTION CONTEST. (a) The enforcement of
59-22 local option laws in the county in which an election is being
59-23 contested is not suspended during an election contest.
59-24 (b) The result of an election contest finally settles all
59-25 questions relating to the validity of that election. No person may
59-26 call the legality of that election in question again in any other
59-27 suit or proceeding.
60-1 (c) If no election contest is timely instituted, it is
60-2 conclusively presumed that the election is valid and binding in all
60-3 respects upon all courts.
60-4 (Sections 470.106-470.150 reserved for expansion
60-5 SUBCHAPTER D. MISCELLANEOUS LOCAL OPTION PROVISIONS
60-6 Sec. 470.151. STATE CASINO AND NONCASINO COUNTIES. A county
60-7 is a "casino-free county" if a state casino is unlawful in the
60-8 area. An area is a "state casino county" if a state casino is
60-9 lawful in the county.
60-10 Sec. 470.152. CHANGE OF STATUS. An authorized county that
60-11 has exercised the right of local option retains the status adopted,
60-12 whether prohibition or legalization of a state casino, until that
60-13 status is changed by a subsequent local option election in the same
60-14 authorized county.
60-15 Sec. 470.153. INITIAL STATUS. A county that has not
60-16 exercised the right of local option under this chapter is a
60-17 "casino-free county" until that status is changed by a subsequent
60-18 local option election in the same authorized county.
60-19 SECTION 2. Section 47.02(c), Penal Code, is amended to read
60-20 as follows:
60-21 (c) It is a defense to prosecution under this section that
60-22 the actor reasonably believed that the conduct:
60-23 (1) was permitted under the Bingo Enabling Act
60-24 (Article 179d, Vernon's Texas Civil Statutes);
60-25 (2) was permitted under the Charitable Raffle Enabling
60-26 Act (Article 179f, Revised Statutes);
60-27 (3) consisted entirely of participation in the state
61-1 lottery authorized by the State Lottery Act (Chapter 466,
61-2 Government Code);
61-3 (4) consisted entirely of participation in state
61-4 casino gaming authorized by the State Casino Act (Chapter 468,
61-5 Government Code);
61-6 (5) was permitted under the Texas Racing Act (Article
61-7 179e, Vernon's Texas Civil Statutes); or
61-8 (6) [(5)] consisted entirely of participation in a
61-9 drawing for the opportunity to participate in a hunting, fishing,
61-10 or other recreational event conducted by the Parks and Wildlife
61-11 Department.
61-12 SECTION 3. Section 47.06(f), Penal Code, is amended to read
61-13 as follows:
61-14 (f) It is a defense to prosecution under Subsection (a) or
61-15 (c) that the person owned, manufactured, transferred, or possessed
61-16 the gambling device, equipment, or paraphernalia for the sole
61-17 purpose of shipping it within this jurisdiction or to another
61-18 jurisdiction where the possession or use of the device, equipment,
61-19 or paraphernalia was legal.
61-20 SECTION 4. Section 47.09(a), Penal Code, is amended to read
61-21 as follows:
61-22 (a) It is a defense to prosecution under this chapter that
61-23 the conduct:
61-24 (1) was authorized under:
61-25 (A) the Bingo Enabling Act (Article 179d,
61-26 Vernon's Texas Civil Statutes);
61-27 (B) the Texas Racing Act (Article 179e, Vernon's
62-1 Texas Civil Statutes); or
62-2 (C) the Charitable Raffle Enabling Act (Article
62-3 179f, Revised Statutes);
62-4 (2) consisted entirely of participation in the state
62-5 lottery authorized by Chapter 466, Government Code; [or]
62-6 (3) was a necessary incident to the operation of the
62-7 state lottery and was directly or indirectly authorized by:
62-8 (A) Chapter 466, Government Code;
62-9 (B) the lottery division of the Texas Lottery
62-10 Commission;
62-11 (C) the Texas Lottery Commission; or
62-12 (D) the director of the lottery division of the
62-13 Texas Lottery Commission;
62-14 (4) consisted entirely of participation in state
62-15 casino gaming authorized by Chapter 468, Government Code; or
62-16 (5) was a necessary incident to state casino gaming
62-17 and was directly or indirectly authorized by:
62-18 (A) Chapter 468, Government Code;
62-19 (B) the Texas Casino Commission; or
62-20 (C) the executive director of the Texas Casino
62-21 Commission.
62-22 SECTION 5. Subchapter F, Chapter 411, Government Code, is
62-23 amended by adding Section 411.1085 to read as follows:
62-24 Sec. 411.1085. ACCESS TO CRIMINAL HISTORY RECORD
62-25 INFORMATION: CASINO COMMISSION. (a) The Texas Casino Commission
62-26 is entitled to obtain from the department criminal history record
62-27 information maintained by the department that relates to a person
63-1 who, under Chapter 468, is:
63-2 (1) a casino employee or an applicant for a casino
63-3 employee license;
63-4 (2) a person required to be named in a license
63-5 application;
63-6 (3) a casino operator or prospective casino operator;
63-7 (4) a person who manufactures or distributes casino
63-8 equipment or supplies or a representative of a person who
63-9 manufactures or distributes casino equipment or supplies offered to
63-10 the casino;
63-11 (5) a person who has submitted a written bid or
63-12 proposal to the commission in connection with the procurement of
63-13 goods or services by the commission, if the amount of the bid or
63-14 proposal exceeds $500;
63-15 (6) a person who proposes to enter into or who has a
63-16 contract with the commission to supply goods or services to the
63-17 commission;
63-18 (7) if a person described in Subdivisions (4) through
63-19 (6) is not an individual, each individual who:
63-20 (A) is an officer or director of the person;
63-21 (B) holds more than 10 percent of the stock in
63-22 the person;
63-23 (C) holds an equitable interest greater than 10
63-24 percent in the person;
63-25 (D) is a creditor of the person who holds more
63-26 than 10 percent of the person's outstanding debt;
63-27 (E) is the owner or lessee of a business that
64-1 the person conducts or through which the person will conduct
64-2 casino-related activities;
64-3 (F) shares or will share in the profits, other
64-4 than stock dividends, of the person;
64-5 (G) participates in managing the affairs of the
64-6 person; or
64-7 (H) is an employee of the person who:
64-8 (i) enters or will enter a state casino to
64-9 perform a business function; or
64-10 (ii) is or will be in close proximity to
64-11 money from state casino gaming;
64-12 (8) an employee or prospective employee, including the
64-13 executive director or a prospective executive director, of the
64-14 commission; or
64-15 (9) a casino employee whose license is renewed under
64-16 Section 468.158.
64-17 (b) Criminal history record information obtained by the
64-18 commission under Subsection (a) may not be released or disclosed
64-19 to any person except on court order or as provided by Subsection
64-20 (c).
64-21 (c) The commission is not prohibited from disclosing to the
64-22 person who is the subject of the criminal history record
64-23 information the dates and places of arrests, offenses, and
64-24 dispositions contained in the criminal history record information.
64-25 SECTION 6. Sections 572.003(b) and (c), Government Code, are
64-26 amended to read as follows:
64-27 (b) The term means:
65-1 (1) the Banking Commissioner of The Banking Department
65-2 of Texas;
65-3 (2) the fire fighters' pension commissioner;
65-4 (3) the administrative director of the Office of Court
65-5 Administration of the Texas Judicial System;
65-6 (4) the chief executive of the Office of Public
65-7 Utility Counsel;
65-8 (5) the executive director of the State Bar of Texas;
65-9 (6) the director of the lottery division of the Texas
65-10 Lottery Commission;
65-11 (7) the deputy in charge of the department of security
65-12 in the lottery division of the Texas Lottery Commission;
65-13 (8) the director of the bingo division of the Texas
65-14 Lottery Commission; [or]
65-15 (9) the executive director of the Texas Casino
65-16 Commission;
65-17 (10) the directors of the division of state gaming
65-18 enforcement and the division of state gaming operations of the
65-19 Texas Casino Commission; or
65-20 (11) the secretary of state.
65-21 (c) The term means a member of:
65-22 (1) the Public Utility Commission of Texas;
65-23 (2) the Texas Department of Commerce;
65-24 (3) the Texas Natural Resource Conservation
65-25 Commission;
65-26 (4) the Texas Alcoholic Beverage Commission;
65-27 (5) The Finance Commission of Texas;
66-1 (6) the General Services Commission;
66-2 (7) the Texas Board of Criminal Justice;
66-3 (8) the board of trustees of the Employees Retirement
66-4 System of Texas;
66-5 (9) the Texas Transportation Commission;
66-6 (10) the Texas Workers' Compensation Commission;
66-7 (11) the State Board of Insurance;
66-8 (12) the Parks and Wildlife Commission;
66-9 (13) the Public Safety Commission;
66-10 (14) the Texas Ethics Commission;
66-11 (15) the State Securities Board;
66-12 (16) the Texas Water Development Board;
66-13 (17) the governing board of a public senior college or
66-14 university as defined by Section 61.003, Education Code, or of The
66-15 University of Texas Southwestern Medical Center at Dallas, The
66-16 University of Texas Medical Branch at Galveston, The University of
66-17 Texas Health Science Center at Houston, The University of Texas
66-18 Health Science Center at San Antonio, The University of Texas
66-19 System Cancer Center, The University of Texas Health Science Center
66-20 at Tyler, University of North Texas Health Science Center at Fort
66-21 Worth, Texas Tech University Health Sciences Center, Texas State
66-22 Technical College--Amarillo, Texas State Technical
66-23 College--Harlingen, Texas State Technical College--Sweetwater, or
66-24 Texas State Technical College--Waco;
66-25 (18) the Texas Higher Education Coordinating Board;
66-26 (19) the Texas Employment Commission;
66-27 (20) the State Banking Board;
67-1 (21) the board of trustees of the Teacher Retirement
67-2 System of Texas;
67-3 (22) the Credit Union Commission;
67-4 (23) the School Land Board;
67-5 (24) the board of the Texas Department of Housing and
67-6 Community Affairs;
67-7 (25) the Texas Racing Commission;
67-8 (26) the State Board of Dental Examiners;
67-9 (27) the Texas Board of Licensure for Nursing Home
67-10 Administrators;
67-11 (28) the Texas State Board of Medical Examiners;
67-12 (29) the Board of Pardons and Paroles;
67-13 (30) the State Board of Pharmacy;
67-14 (31) the Department of Information Resources governing
67-15 board;
67-16 (32) the Motor Vehicle Board;
67-17 (33) the Texas Real Estate Commission;
67-18 (34) the board of directors of the State Bar of Texas;
67-19 (35) the bond review board;
67-20 (36) the Texas Board of Health;
67-21 (37) the Texas Board of Mental Health and Mental
67-22 Retardation;
67-23 (38) the Texas Board on Aging;
67-24 (39) the Texas Board of Human Services;
67-25 (40) the Texas Funeral Service Commission;
67-26 (41) the board of directors of a river authority
67-27 created under the Texas Constitution or a statute of this state;
68-1 [or]
68-2 (42) the Texas Lottery Commission; or
68-3 (43) the Texas Casino Commission.
68-4 SECTION 7. Section 2054.007, Government Code, is amended to
68-5 read as follows:
68-6 Sec. 2054.007. EXCEPTIONS [EXCEPTION]: STATE LOTTERY AND
68-7 CASINO COMMISSION [OPERATIONS]. (a) The lottery division of the
68-8 Texas Lottery Commission and the Texas Casino Commission are [is]
68-9 not subject to the planning and procurement requirements of this
68-10 chapter.
68-11 (b) The electronic funds transfer system for the operation
68-12 of the state lottery or state casino gaming are [is] not included
68-13 in the agency strategic plan or biennial operating plan of the
68-14 comptroller. Operations of the comptroller that relate to the state
68-15 lottery or casino gaming are not subject to the planning and
68-16 procurement requirements of this chapter.
68-17 SECTION 8. Article 2.12, Code of Criminal Procedure, is
68-18 amended to read as follows:
68-19 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
68-20 officers:
68-21 (1) sheriffs and their deputies;
68-22 (2) constables and deputy constables;
68-23 (3) marshals or police officers of an incorporated
68-24 city, town, or village;
68-25 (4) rangers and officers commissioned by the Public
68-26 Safety Commission and the Director of the Department of Public
68-27 Safety;
69-1 (5) investigators of the district attorneys', criminal
69-2 district attorneys', and county attorneys' offices;
69-3 (6) law enforcement agents of the Texas Alcoholic
69-4 Beverage Commission;
69-5 (7) each member of an arson investigating unit
69-6 commissioned by a city, a county, or the state;
69-7 (8) officers commissioned under Section 37.081,
69-8 Education Code, or Subchapter E, Chapter 51, Education Code;
69-9 (9) officers commissioned by the General Services
69-10 Commission;
69-11 (10) law enforcement officers commissioned by the
69-12 Parks and Wildlife Commission;
69-13 (11) airport police officers commissioned by a city
69-14 with a population of more than one million, according to the most
69-15 recent federal census, that operates an airport that serves
69-16 commercial air carriers;
69-17 (12) airport security personnel commissioned as peace
69-18 officers by the governing body of any political subdivision of this
69-19 state, other than a city described by Subdivision (11), that
69-20 operates an airport that serves commercial air carriers;
69-21 (13) municipal park and recreational patrolmen and
69-22 security officers;
69-23 (14) security officers commissioned as peace officers
69-24 by the comptroller;
69-25 (15) officers commissioned by a water control and
69-26 improvement district under Section 49.216, Water Code;
69-27 (16) officers commissioned by a board of trustees
70-1 under Chapter 341, Acts of the 57th Legislature, Regular Session,
70-2 1961 (Article 1187f, Vernon's Texas Civil Statutes);
70-3 (17) investigators commissioned by the Texas State
70-4 Board of Medical Examiners;
70-5 (18) officers commissioned by the board of managers of
70-6 the Dallas County Hospital District, the Tarrant County Hospital
70-7 District, or the Bexar County Hospital District under Section
70-8 281.057, Health and Safety Code;
70-9 (19) county park rangers commissioned under Subchapter
70-10 E, Chapter 351, Local Government Code;
70-11 (20) investigators employed by the Texas Racing
70-12 Commission;
70-13 (21) officers commissioned by the State Board of
70-14 Pharmacy;
70-15 (22) officers commissioned by the governing body of a
70-16 metropolitan rapid transit authority under Section 451.108,
70-17 Transportation Code, or by a regional transportation authority
70-18 under Section 452.110, Transportation Code;
70-19 (23) investigators commissioned by the attorney
70-20 general under Section 402.009, Government Code;
70-21 (24) security officers and investigators commissioned
70-22 as peace officers under Chapter 468, Government Code;
70-23 (25) an officer employed by the Texas Department of
70-24 Health under Section 431.2471, Health and Safety Code;
70-25 (26) officers appointed by an appellate court under
70-26 Subchapter F, Chapter 53, Government Code;
70-27 (27) officers commissioned by the state fire marshal
71-1 under Chapter 417, Government Code;
71-2 (28) an investigator commissioned by the commissioner
71-3 of insurance under Article 1.10D, Insurance Code; [and]
71-4 (29) apprehension specialists commissioned by the
71-5 Texas Youth Commission as officers under Section 61.0931, Human
71-6 Resources Code; and
71-7 (30) enforcement officers and investigators employed
71-8 by the division of state gaming enforcement of the Texas Casino
71-9 Commission.
71-10 SECTION 9. Section A, Article 2.05, Texas Business
71-11 Corporation Act, is amended to read as follows:
71-12 A. The Corporate name shall conform to the following
71-13 requirements:
71-14 (1) It shall contain the word "corporation,"
71-15 "company," or "incorporated," or shall contain an abbreviation of
71-16 one of such words, and shall contain such additional words as may
71-17 be required by law.
71-18 (2) It shall not contain any word or phrase which
71-19 indicates or implies that it is organized for any purpose other
71-20 than one or more of the purposes contained in its articles of
71-21 incorporation.
71-22 (3) It shall not be the same as, or deceptively
71-23 similar to, the name of any domestic corporation, limited
71-24 partnership, or limited liability company existing under the laws
71-25 of this State, or the name of any foreign corporation, non-profit
71-26 corporation, limited partnership, or limited liability company
71-27 authorized to transact business in this State, or a name the
72-1 exclusive right to which is, at the time, reserved in the manner
72-2 provided in this Act or any other statute providing for reservation
72-3 of names by a limited partnership or limited liability company, or
72-4 the name of a corporation, limited partnership, or limited
72-5 liability company which has in effect a registration of its company
72-6 name as provided in this Act or any other applicable law; provided
72-7 that a name may be similar if written consent is obtained from the
72-8 existing corporation, limited partnership, or limited liability
72-9 company having the name deemed to be similar or the person for whom
72-10 the name deemed to be similar is reserved in the office of the
72-11 Secretary of State.
72-12 (4) It shall not contain the word "lottery."
72-13 (5) It shall not contain the word "casino."
72-14 SECTION 10. Section A, Article 2.04, Texas Non-Profit
72-15 Corporation Act (Article 1396-2.04, Vernon's Texas Civil Statutes),
72-16 is amended to read as follows:
72-17 A. The corporate name shall conform to the following
72-18 requirements:
72-19 (1) It shall not contain any word or phrase which
72-20 indicates or implies that it is organized for any purpose other
72-21 than one or more of the purposes contained in its articles of
72-22 incorporation.
72-23 (2) It shall not be the same as, or deceptively
72-24 similar to, the name of any domestic corporation, whether for
72-25 profit or not for profit, existing under the laws of this State, or
72-26 the name of any foreign corporation, whether for profit or not for
72-27 profit, authorized to transact business or conduct affairs in this
73-1 State, or a name the exclusive right to which is, at the time,
73-2 reserved in the manner provided by the Texas Business Corporation
73-3 Act, or the name of a corporation which has in effect a
73-4 registration of its corporate name as provided in the Texas
73-5 Business Corporation Act; provided that a name may be similar if
73-6 written consent is obtained from the existing corporation having
73-7 the name deemed to be similar, or the person, or corporation, for
73-8 whom the name deemed to be similar is reserved or registered in the
73-9 office of the Secretary of State.
73-10 (3) It shall not contain the word "lottery."
73-11 (4) It shall not contain the word "casino."
73-12 SECTION 11. The Texas Casino Commission shall appoint an
73-13 executive director or acting executive director not later than the
73-14 60th day after the effective date of this Act.
73-15 SECTION 12. (a) To promptly implement this Act, the
73-16 comptroller, the presiding officer of the General Services
73-17 Commission, and the executive director of the Department of
73-18 Information Resources or their designated representatives shall,
73-19 on the request of the executive director of the Texas Casino
73-20 Commission, advise the executive director in promptly implementing
73-21 an electronic funds transfer system for purposes of administering
73-22 the Texas Casino Act.
73-23 (b) This section expires January 1, 2001. The expiration of
73-24 this section does not affect the performance of or obligations
73-25 under a contract made under this section.
73-26 SECTION 13. This Act takes effect on the date on which the
73-27 constitutional amendment proposed by H.J.R. No. __, 76th
74-1 Legislature, Regular Session, 1999, takes effect. If that
74-2 amendment is not approved by the voters, this Act has no effect.
74-3 SECTION 14. The importance of this legislation and the
74-4 crowded condition of the calendars in both houses create an
74-5 emergency and an imperative public necessity that the
74-6 constitutional rule requiring bills to be read on three several
74-7 days in each house be suspended, and this rule is hereby suspended,
74-8 and that this Act take effect and be in force according to its
74-9 terms, and it is so enacted.