By Davis of Harris                                    H.B. No. 3291
         77R5992 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eliminating the licensing and registration requirements
 1-3     for music, skill, or pleasure coin-operated machines.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 2153.005 and 2153.006, Occupations Code,
 1-6     are amended to read as follows:
 1-7           Sec. 2153.005.  EXEMPT CORPORATIONS AND ASSOCIATIONS.  [(a)]
 1-8     A corporation or association owning, leasing, or renting a music or
 1-9     skill or pleasure coin-operated machine is exempt from the tax
1-10     imposed under Subchapter D if:
1-11                 (1)  the corporation or association is organized and
1-12     operated exclusively for religious, charitable, educational, or
1-13     benevolent purposes;
1-14                 (2)  the corporation's or association's net earnings do
1-15     not inure to the benefit of a private shareholder or individual;
1-16     and
1-17                 (3)  the corporation or association owns, leases, or
1-18     rents the coin-operated machine:
1-19                       (A)  for the corporation's or association's
1-20     exclusive use; and
1-21                       (B)  to further a purpose of the corporation or
1-22     association.
1-23           [(b)  A tax may not be assessed against a corporation or an
1-24     association exempt under this section if assessment of the tax is
 2-1     prohibited by other law.]
 2-2           Sec. 2153.006.  PRIVATE OWNERSHIP EXEMPT.  An individual who
 2-3     owns a music or skill or pleasure coin-operated machine for
 2-4     personal use and amusement in the individual's private residence is
 2-5     not required to [obtain a license or] pay a tax under this chapter.
 2-6           SECTION 2.  Section 2153.051, Occupations Code, is amended to
 2-7     read as follows:
 2-8           Sec. 2153.051.  GENERAL DUTIES OF COMPTROLLER.  (a)  The
 2-9     comptroller shall administer this chapter.
2-10           (b)  To administer this chapter, the comptroller may:
2-11                 (1)  [issue a license or registration certificate;]
2-12                 [(2)  prescribe procedures for registering music and
2-13     skill or pleasure coin-operated machines;]
2-14                 [(3)]  prescribe methods for[:]
2-15                       [(A)]  securely attaching a tax permit to a
2-16     coin-operated machine;
2-17                 (2)  [and]
2-18                       [(B)  posting a license or registration
2-19     certificate;]
2-20                 [(4)]  prescribe the form and content of a:
2-21                       (A)  [license application;]
2-22                       [(B)  registration certificate;]
2-23                       [(C)]  tax permit;
2-24                       (B) [(D)]  report specifying a coin-operated
2-25     machine's location; and
2-26                       (C) [(E)]  report of the consideration of each
2-27     party to a contract relating to the placement of a coin-operated
 3-1     machine in an establishment [owned by a person other than the
 3-2     license holder]; and
 3-3                 (3) [(5)]  disclose confidential information to an
 3-4     appropriate official.
 3-5           SECTION 3.  Section 2153.053(a), Occupations Code, is amended
 3-6     to read as follows:
 3-7           (a)  The comptroller may:
 3-8                 (1)  conduct an investigation, hold a hearing, or take
 3-9     other necessary action to:
3-10                       (A)  ensure compliance with this chapter; or
3-11                       (B)  identify a violation of this chapter;
3-12                 (2)  conduct an investigation of a violation of this
3-13     chapter, or a rule adopted under this chapter, committed by a
3-14     person who owns, operates, exhibits, or displays a coin-operated
3-15     machine in this state; or
3-16                 (3)  [deny an application for a license or registration
3-17     certificate in accordance with Subchapter G; or]
3-18                 [(4)]  impose sanctions, including suspending or
3-19     revoking a person's [license, registration certificate, or] tax
3-20     permit in accordance with this chapter [Subchapter G].
3-21           SECTION 4.  Section 2153.058, Occupations Code, is amended to
3-22     read as follows:
3-23           Sec. 2153.058.  DEPOSIT OF REVENUE.  The [Except as provided
3-24     by Section 2153.257, the] comptroller shall deposit one-fourth of
3-25     the revenue received under this chapter in the foundation school
3-26     fund and three-fourths of the revenue received under this chapter
3-27     in the general revenue fund.
 4-1           SECTION 5.  Section 2153.102, Occupations Code, is amended to
 4-2     read as follows:
 4-3           Sec. 2153.102.  INFORMATION MADE AVAILABLE TO COMPTROLLER.
 4-4     Except for information specifically designated as a public record,
 4-5     information derived from a book, record, or report[, or
 4-6     application] required to be made available under this chapter to
 4-7     the comptroller or the attorney general:
 4-8                 (1)  is confidential; and
 4-9                 (2)  may be used only to enforce this chapter.
4-10           SECTION 6.  Subchapter I, Chapter 2153, Occupations Code, is
4-11     redesignated as Subchapter D, Chapter 2153, Occupations Code, and
4-12     amended to read as follows:
4-13                   SUBCHAPTER D [I].  STATE OCCUPATION TAX
4-14           Sec. 2153.121 [2153.401].  IMPOSITION OF TAX.  (a)  An
4-15     occupation tax is imposed on each coin-operated machine that an
4-16     owner exhibits or displays, or permits to be exhibited or displayed
4-17     in this state.
4-18           (b)  The tax rate is $60 per year.
4-19           Sec. 2153.122 [2153.402].  EXEMPTION.  The tax imposed under
4-20     this subchapter does not apply to an owner of a coin-operated
4-21     machine or a machine that is exempt from the tax under another
4-22     provision of this chapter or if the owner:
4-23                 (1)  holds an import license; and
4-24                 (2)  possesses the coin-operated machine for resale
4-25     only.
4-26           Sec. 2153.123 [2153.403].  PRORATED TAX.  The tax on a
4-27     coin-operated machine first exhibited or displayed in this state
 5-1     after March 31 is one-fourth of the tax imposed under Section
 5-2     2153.121 [2153.401] for each quarter or partial quarter of the
 5-3     calendar year remaining after the date the owner first exhibits or
 5-4     displays the coin-operated machine.
 5-5           Sec. 2153.124 [2153.404].  COLLECTION.  (a)  The comptroller
 5-6     shall collect the tax.
 5-7           (b)  In collecting the tax, the comptroller may:
 5-8                 (1)  collect the tax on a quarterly basis;
 5-9                 (2)  establish procedures for quarterly collection of
5-10     the tax; and
5-11                 (3)  establish dates on which the tax payment is due.
5-12           (c)  An owner required to pay a tax under this subchapter
5-13     [section] shall pay the tax to the comptroller by cashier's check
5-14     or money order.
5-15           Sec. 2153.125 [2153.405].  REFUND OR CREDIT PROHIBITED.  The
5-16     comptroller may not refund or assign credit for the tax imposed
5-17     under this subchapter to an owner who ceases to exhibit or display
5-18     a coin-operated machine before the end of the calendar year for
5-19     which the tax is imposed.
5-20           Sec. 2153.126 [2153.406].  TAX PERMIT.  (a)  The comptroller
5-21     shall issue a tax permit to an owner who pays the tax.
5-22           (b)  The comptroller may issue a duplicate tax permit to an
5-23     owner if the owner's tax permit is lost, stolen, or destroyed.  The
5-24     fee for a duplicate permit is $5.
5-25           (c)  A [Except as provided by Subsection (d), a] tax permit
5-26     shall be securely attached to the coin-operated machine for which
5-27     the permit is issued in a manner that requires continued
 6-1     application of steam and water to remove the permit.
 6-2           [(d)  A person may not attach a tax permit to a coin-operated
 6-3     machine that is exhibited or displayed if the machine is not
 6-4     registered with the comptroller under this chapter.]
 6-5           Sec. 2153.127 [2153.407].  APPLICABILITY OF TAX CODE.
 6-6     Subtitle B, Title 2, Tax Code, applies to the administration,
 6-7     collection, and enforcement of taxes, penalties, and interest under
 6-8     this subchapter.
 6-9           SECTION 7.  Section 2153.201(b), Occupations Code, is amended
6-10     to read as follows:
6-11           (b)  A record required under Subsection (a)  must:
6-12                 (1)  be available at all times for inspection by the
6-13     attorney general, the comptroller, or an authorized representative
6-14     of the attorney general or comptroller;
6-15                 (2)  include information relating to:
6-16                       (A)  the kind of each machine;
6-17                       (B)  the date each machine is:
6-18                             (i)  acquired or received in this state;
6-19     and
6-20                             (ii)  placed in operation;
6-21                       (C)  the location of each machine, including the:
6-22                             (i)  county;
6-23                             (ii)  municipality, if any; and
6-24                             (iii)  street or rural route number;
6-25                       (D)  the name and complete address of each
6-26     operator of each machine;
6-27                       (E)  if the owner is an individual, the full name
 7-1     and address of the owner; and
 7-2                       (F)  if the owner is not an individual, the name
 7-3     and address of each principal officer or member of the owner; and
 7-4                 (3)  be maintained:
 7-5                       (A)  at a permanent address in this state
 7-6     [designated on the application for a license under Section
 7-7     2153.153]; and
 7-8                       (B)  until the second anniversary of the date the
 7-9     owner ceases ownership of the machine that is the subject of the
7-10     record.
7-11           SECTION 8.  Section 2153.202, Occupations Code, is amended to
7-12     read as follows:
7-13           Sec. 2153.202.  REQUIRED [LICENSE HOLDER] RECORDS AND
7-14     REPORTING.  (a)  The comptroller may require the owner or operator
7-15     of a coin-operated machine subject to the tax under Subchapter D to
7-16     [A license holder shall] maintain a record of and report to the
7-17     comptroller information relating to each [music or skill or
7-18     pleasure] coin-operated machine subject to the tax owned,
7-19     possessed, or controlled by the owner or operator [license holder],
7-20     including:
7-21                 (1)  the make, type, and serial number of each machine;
7-22                 (2)  the date each machine is placed in operation;
7-23                 (3)  the dates of the first and most recent
7-24     registration of each machine;
7-25                 (4)  the specific location of each machine; and
7-26                 (5)  any change in machine ownership.
7-27           (b)  The comptroller may require the owner or operator to [A
 8-1     license holder shall]:
 8-2                 (1)  report to the comptroller the information required
 8-3     under this section:
 8-4                       (A)  at intervals specified by the comptroller;
 8-5     and
 8-6                       (B)  at any other time requested by the
 8-7     comptroller; and
 8-8                 (2)  immediately notify the comptroller in writing of a
 8-9     change in ownership of a licensed business.
8-10           SECTION 9.  Section 2153.203(a), Occupations Code, is amended
8-11     to read as follows:
8-12           (a)  An owner or operator of a coin-operated machine [A
8-13     license holder] who extends or lends credit shall maintain in this
8-14     state a record of the credit transaction in accordance with
8-15     accepted accounting and auditing practices.  The record must be
8-16     sufficient to enable any competent person to determine if the owner
8-17     or operator [license holder] is in compliance with the requirements
8-18     of this subchapter.
8-19           SECTION 10.  Section 2153.204, Occupations Code, is amended
8-20     to read as follows:
8-21           Sec. 2153.204.  REQUIRED CONTRACT PROVISION.  A written
8-22     contract between an owner of a coin-operated machine [who holds a
8-23     license issued under this chapter] and an operator of a
8-24     coin-operated machine in this state must state the name, mailing
8-25     address, and telephone number of the comptroller.
8-26           SECTION 11.  Sections 2153.205(a) and (b), Occupations Code,
8-27     are amended to read as follows:
 9-1           (a)  The first money earned from the exhibition of a
 9-2     coin-operated amusement machine may be paid to the owner to
 9-3     reimburse the owner for payment of:
 9-4                 (1)  the tax imposed for that year under Subchapter D
 9-5     [by Section 2153.401]; and
 9-6                 (2)  a tax authorized by Section 2153.451 and imposed
 9-7     for that year by a county or municipality.
 9-8           (b)  A portion of the money earned each year from the
 9-9     exhibition of a coin-operated machine shall be paid to the owner in
9-10     an amount necessary to reimburse the owner for the next year's
9-11     payment of:
9-12                 (1)  the tax imposed by Section 2153.121 [2153.401];
9-13     and
9-14                 (2)  any other tax or fee imposed on the exhibition of
9-15     the machine.
9-16           SECTION 12.  Subchapter F, Chapter 2153, Occupations Code, is
9-17     amended to read as follows:
9-18                     SUBCHAPTER F.  CREDIT TRANSACTIONS
9-19           Sec. 2153.251.  RULEMAKING AUTHORITY OF COMMISSIONER.  The
9-20     commissioner may adopt rules necessary to enforce this subchapter.
9-21           Sec. 2153.252.  AUTHORIZED CREDIT EXTENSIONS.  An owner of a
9-22     music or skill or pleasure coin-operated machine [A license holder]
9-23     may extend or lend credit to, or extend or lend credit on behalf
9-24     of, a lessee or bailee of a music or skill or pleasure
9-25     coin-operated machine only for a business or commercial purpose in
9-26     accordance with this subchapter.
9-27           Sec. 2153.253.  NOTIFICATION REQUIRED.  Before initially
 10-1    extending or lending credit, an owner of a music or skill or
 10-2    pleasure coin-operated machine [a license holder] shall notify the
 10-3    commissioner of the owner's [license holder's] intent to extend or
 10-4    lend credit in the conduct of the owner's [license holder's]
 10-5    business.
 10-6          Sec. 2153.254.  WRITTEN AGREEMENT REQUIRED.  An owner of a
 10-7    music or skill or pleasure coin-operated machine [A license holder]
 10-8    may extend or lend credit only if the credit transaction is
 10-9    evidenced by a written agreement that:
10-10                (1)  is signed by the parties to the agreement; and
10-11                (2)  specifies the:
10-12                      (A)  credit amount;
10-13                      (B)  consideration for the credit transaction;
10-14    and
10-15                      (C)  terms governing repayment.
10-16          Sec. 2153.255.  CONSIDERATION.  (a)  In this section,
10-17    "consideration" includes costs charged, contracted for, or received
10-18    by an owner of a music or skill or pleasure coin-operated machine
10-19    [a license holder] or other person in connection with
10-20    investigating, arranging, negotiating, procuring, guaranteeing,
10-21    making, servicing, collecting, or enforcing a credit transaction or
10-22    forbearance of money, credit, goods, things in action, or other
10-23    service rendered, including aggregate interest, fees, bonuses,
10-24    commissions, brokerage, discounts, and expenses.  The term does not
10-25    include court costs or attorney's fees as determined by a court.
10-26          (b)  The consideration for a credit transaction authorized
10-27    under Section 2153.252 may not be less than one-half percent or
 11-1    exceed interest or its equivalent at the rate of one and one-half
 11-2    percent per month, as determined by the United States Rule.
 11-3          (c)  Except as provided by Subsection (d), if the
 11-4    consideration directly or indirectly charged or received by an
 11-5    owner of a music or skill or pleasure coin-operated machine [a
 11-6    license holder] for a credit transaction authorized under Section
 11-7    2153.252 exceeds the amount of consideration permitted by
 11-8    Subsection (b):
 11-9                (1)  the consideration paid, whether payment of
11-10    principal or interest or its equivalent, shall be refunded to the
11-11    person; and
11-12                (2)  the unpaid balance of the consideration is void.
11-13          (d)  Subsection (c) does not apply if consideration is
11-14    charged or collected in excess of the amount permitted by
11-15    Subsection (b) and:
11-16                (1)  the overcharge or over-collection is the result
11-17    of:
11-18                      (A)  an accident; and
11-19                      (B)  a bona fide error; and
11-20                (2)  the error is corrected on the date of discovery.
11-21          Sec. 2153.256.  EXAMINATION; SCOPE.  (a)  The commissioner or
11-22    an authorized representative of the commissioner may examine a
11-23    [license holder's] place of business of an owner of a music or
11-24    skill or pleasure coin-operated machine and the owner's [license
11-25    holder's] transactions, books, accounts, papers, correspondence, or
11-26    records relating to a credit transaction authorized under Section
11-27    2153.252:
 12-1                (1)  when the commissioner determines that an
 12-2    examination is necessary; or
 12-3                (2)  at the request of the attorney general or
 12-4    comptroller.
 12-5          (b)  In conducting an examination, the commissioner or an
 12-6    authorized representative of the commissioner may:
 12-7                (1)  freely access the office or place of business,
 12-8    including a file, safe, or vault, of the owner of a music or skill
 12-9    or pleasure coin-operated machine [license holder];
12-10                (2)  copy the owner's [license holder's] books,
12-11    accounts, papers, correspondence, and records; and
12-12                (3)  administer an oath and examine a person under oath
12-13    relating to a matter relevant to the examination.
12-14          Sec. 2153.257.  FEES AND EXPENSES.  (a)  An owner of a music
12-15    or skill or pleasure coin-operated machine [A license holder] shall
12-16    pay to the commissioner a fee assessed by the commissioner to cover
12-17    the direct and indirect costs, including a proportionate share of
12-18    general administrative expenses, of conducting an examination under
12-19    Section 2153.256.
12-20          (b)  A fee assessed by the commissioner under this section:
12-21                (1)  shall be retained by the commissioner; and
12-22                (2)  may not be deposited in the general revenue fund.
12-23          (c)  The expenses incurred by the commissioner in conducting
12-24    an examination under Section 2153.256 may be paid only from the
12-25    fees assessed under this section and may not be charged against any
12-26    other state fund.
12-27          Sec. 2153.258.  CRIMINAL OFFENSE; VIOLATION OF SUBCHAPTER.
 13-1    (a)  A person commits an offense if the person violates this
 13-2    subchapter.
 13-3          (b)  An owner of a music or skill or pleasure coin-operated
 13-4    machine [A license holder] commits an offense if the person fails
 13-5    or refuses to comply with an examination under Section 2153.256.
 13-6          (c)  An offense under this section is a Class C misdemeanor.
 13-7          SECTION 13.  Section 2153.352(a), Occupations Code, is
 13-8    amended to read as follows:
 13-9          (a)  The comptroller or an authorized representative of the
13-10    comptroller may seal a coin-operated machine in a manner that
13-11    prevents the full operation of the machine if[:]
13-12                [(1)  the license or registration certificate of the
13-13    person exhibiting or displaying the machine is suspended or
13-14    revoked;]
13-15                [(2)]  the owner fails to pay a tax on the machine[; or]
13-16                [(3)  the machine is not registered with the
13-17    comptroller under this chapter].
13-18          SECTION 14.  Section 2153.354(a), Occupations Code, is
13-19    amended to read as follows:
13-20          (a)  The comptroller may assess a penalty of not less than
13-21    $50 or more than $2,000 against:
13-22                (1)  an owner who permits a coin-operated machine under
13-23    the owner's control to be operated, exhibited, or displayed in this
13-24    state without a tax permit as required by Section 2153.126
13-25    [2153.406]; or
13-26                (2)  a person who:
13-27                      (A)  exhibits or displays a coin-operated machine
 14-1    in this state without a tax permit as required by Section 2153.126
 14-2    [2153.406];
 14-3                      (B)  [exhibits or displays a coin-operated
 14-4    machine that is not registered;]
 14-5                      [(C)]  does not maintain the records required by
 14-6    the comptroller under this chapter;
 14-7                      (C) [(D)]  refuses or fails to make records
 14-8    available for inspection on request by the comptroller or an
 14-9    authorized representative of the comptroller;
14-10                      (D) [(E)]  uses an artful device or deceptive
14-11    practice to conceal a violation of this chapter;
14-12                      (E) [(F)]  misleads the comptroller or an
14-13    authorized representative of the comptroller in connection with the
14-14    enforcement of this chapter; or
14-15                      (F) [(G)]  violates this chapter or a rule
14-16    adopted under this chapter.
14-17          SECTION 15.  Section 2153.451(b), Occupations Code, is
14-18    amended to read as follows:
14-19          (b)  The rate of the tax may not exceed one-fourth of the
14-20    rate of the tax imposed under Section 2153.121 [2153.401].
14-21          SECTION 16.  (a)  Sections 2153.007, 2153.008, 2153.101,
14-22    2153.151, 2153.152, 2153.153, 2153.154, 2153.155, 2153.156,
14-23    2153.157, 2153.158, 2153.159, 2153.160, 2153.161, 2153.162,
14-24    2153.163, 2153.205(d), 2153.351, 2153.353, 2153.356, 2153.357, and
14-25    2153.406(d), Occupations Code, are repealed.
14-26          (b)  Subchapter G, Chapter 2153, Occupations Code, is
14-27    repealed.
 15-1          SECTION 17.  This Act takes effect September 1, 2001.