78R3454 YDB-D

By:  Wilson                                                       H.B. No. 486


A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of a state-owned casino in Harris County; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle E, Title 4, Government Code, is amended by adding Chapters 469 and 470 to read as follows:
CHAPTER 469. STATE CASINO SUBCHAPTER A. GENERAL PROVISIONS
Sec. 469.001. DEFINITIONS. In this chapter: (1) "Casino employee" means a person who holds a casino employee license under this chapter and is employed in a position listed in Section 469.053. (2) "Casino game" means any game of chance traditionally or commonly conduted at lawful casinos in other jurisdictions, including baccarat, blackjack, big six wheel, craps, keno, minibaccarat, pai gow poker, red dog, roulette, sic bo, slot machines, and video casino machines, or any similar game of chance approved by the commission to be conducted at a state casino. (3) "Casino operator" means a person employed under Section 470.064. (4) "Casino player" means a person who has paid to play a casino game. (5) "Casino vendor" means a person who contracts to perform a function, activity, or service in connection with state casino gaming. (6) "Commission" means the Texas Casino Commission. (7) "Enforcement director" means the director of the enforcement division. (8) "Enforcement division" means the division of state casino gaming enforcement established by the commission under Chapter 470. (9) "Executive director" means the executive director of the commission. (10) "Operations director" means the director of the operations division. (11) "Operations division" means the division of state gaming operations established by the commission under Chapter 470. (12) "State casino" means a facility approved by the commission for casino gaming as provided by this chapter. (13) "State casino gaming" means the operation of casino games by the state in accordance with this chapter in a state casino. Sec. 469.002. EXEMPTION FROM TAXATION. (a) A political subdivision may not impose: (1) a tax on state casino gaming; (2) a tax on the payment of winnings of a casino player at a state casino; or (3) an ad valorem tax on a state casino or adjoining real property owned by the commission and used in connection with a state casino, including property used for parking. (b) The receipts from state casino gaming are exempt from taxation under Chapter 151, Tax Code.
[Sections 469.003-469.050 reserved for expansion] SUBCHAPTER B. ADMINISTRATION AND OPERATION
Sec. 469.051. COMMISSION EMPLOYEES. Commission employees are exempted from Chapter 654. The executive director shall set the salaries of commission employees. Sec. 469.052. STATE CASINO. (a) In accordance with Section 47(f), Article III, Texas Constitution, the commission may establish and operate a casino on the real property connected or immediately adjoining the publicly funded sports venue commonly referred to as the Astrodome in Harris County at which casino games may be conducted. (b) The commission may conduct casino games at a state casino as the commission considers appropriate. (c) The commission may conduct auxiliary enterprises in conjunction with a state casino, including food service and entertainment, for the convenience of patrons of casino gaming. (d) The commission may purchase, lease, construct, or otherwise acquire real property for the operation of a state casino. The commission may sell or otherwise dispose of property as the commission considers appropriate. Sec. 469.053. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (a) The commission and the executive director have broad authority and shall exercise strict control and close supervision over a state casino and casino games to promote and ensure integrity, security, honesty, and fairness in state casino gaming. (b) The executive director may contract with a casino vendor if the commission adopts a rule permitting the function, activity, or service to be performed under a contract and the contract is permitted under Subsection (c). (c) The executive director may award a contract for casino supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized by this chapter. (d) A contract awarded under Subsection (c) must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a casino employee license under this chapter. (e) The following positions at a state casino may be filled only by casino employees: (1) boxperson; (2) casino operator; (3) cage personnel; (4) count room personnel; (5) data processing personnel; (6) dealer; (7) enforcement officer and investigator; (8) floor manager; (9) floorperson; (10) machine mechanic; (11) pit boss; (12) security personnel; (13) slot machine and slot booth personnel; (14) surveillance personnel; and (15) any other position required by commission rule to be filled by a casino employee. Sec. 469.054. RULES. (a) The commission shall adopt rules necessary to administer this chapter and Chapter 470. The executive director may propose rules to be adopted by the commission. (b) The commission shall adopt rules relating to: (1) security for a state casino and the commission, including the development of internal security plans; (2) apportionment of the total revenues from the proceeds of casino games and from all other sources in the amounts provided by this chapter; (3) enforcement of a prohibition on gambling at a state casino by an individual younger than 21 years of age; and (4) the sale and consumption of alcoholic beverages in a state casino as governed by the Alcoholic Beverage Code. (c) The commission shall adopt rules governing the establishment, operation, and closure of a state casino, including rules governing: (1) the type and number of casino games to be conducted; (2) the permissible wager amounts; (3) the number of and amount of winnings paid on a casino game; (4) the design and operation of a state casino; (5) the payment of winnings to casino players; (6) the investigation of alleged violations of this chapter or a rule adopted under this chapter; (7) advertising of or by a state casino; (8) the qualifications of casino vendors; (9) the confidentiality of information relating to the operation of casino gaming, including: (A) trade secrets; (B) security measures, systems, or procedures; (C) security reports; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and (F) information obtained by an enforcement officer or investigator; (10) the criteria used in evaluating bids for contracts for casino facilities, goods, and services; and (11) any other matter determined by the commission to promote or ensure: (A) the integrity, security, honesty, or fairness of state casino gaming; or (B) the convenience of casino players. Sec. 469.055. REVENUE BONDS FOR STATE CASINO. (a) The commission may request the Texas Public Finance Authority to issue revenue bonds or other revenue obligations to finance the acquisition, construction, repair, and improvement of a state casino and other real property used in the operation of a state casino. (b) On receipt of a request by the commission under this section, the Texas Public Finance Authority shall promptly issue the bonds or other revenue obligations under and in accordance with Chapter 1232. (c) The commission may use the proceeds of revenue bonds or other revenue obligations issued under this section only to finance the acquisition, construction, repair, and improvement of a state casino and other real property used in the operation of a state casino. Sec. 469.056. ANNUAL REPORT. (a) The commission shall prepare an annual report for the preceding fiscal year to the governor and the legislature that provides a summary of: (1) state casino gaming revenues; (2) winnings disbursements; and (3) other expenses. (b) The report required by Subsection (a) must be in the form and reported in the time provided by the General Appropriations Act. Sec. 469.057. REVIEW BY COMPTROLLER. (a) The comptroller shall review the management and operations of state casino gaming. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. (b) The comptroller shall report annually the results of the review to: (1) the governor; (2) the lieutenant governor; and (3) the speaker of the house of representatives. Sec. 469.058. AUDITS. (a) The executive director shall provide for a certified public accountant to conduct each fiscal year an independent audit of all accounts and transactions of a state casino and state casino gaming. Not later than the 30th day after the submission date for the annual financial report required by the General Appropriations Act, the certified public accountant shall present an audit report to: (1) the executive director; (2) the commission; (3) the governor; (4) the comptroller; and (5) the legislature. (b) The report must contain recommendations to enhance the earnings capability of a state casino and improve the efficiency of the commission's operations. (c) The state auditor may review the results of and working papers related to the audit. (d) A casino operator's or casino employee's records are subject to audit by the commission and the state auditor. (e) In carrying out this section, the executive director or state auditor may: (1) examine all books, records, papers, or other objects the executive director or state auditor determines necessary for conducting a complete audit; and (2) examine under oath a casino operator or casino employee. (f) The executive director or state auditor may conduct an examination as provided by Subsection (e) at a state casino or may require the casino operator or casino employee to produce the records at the office of the commission or state auditor. (g) Section 321.013(h) does not apply to an audit of a casino operator or casino employee. Sec. 469.059. CONFIDENTIAL INFORMATION. (a) Except as otherwise provided by this chapter or other law, all commission records are subject to public inspection in accordance with Chapter 552. (b) In addition to commission records excepted from disclosure under Chapter 552, security plans and procedures of the commission designed to ensure the integrity and security of state casino gaming are confidential and exempt from public disclosure. Sec. 469.060. DEPARTMENT OF PUBLIC SAFETY RECORDS. (a) Except as otherwise provided by this chapter, all information and reviews or analyses of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and exempt from public disclosure. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission.
[Sections 469.061-469.100 reserved for expansion] SUBCHAPTER C. ENFORCEMENT; ENFORCEMENT DIVISION
Sec. 469.101. INVESTIGATIONS. The attorney general, the district attorney for Travis County, the district attorney for Harris County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which a violation or alleged violation occurs may investigate a violation or alleged violation of this chapter or of the Penal Code by: (1) the commission or its employees; (2) a casino employee; (3) a casino vendor or its personnel; or (4) a casino operator. Sec. 469.102. ENFORCEMENT. (a) The executive director or designated commission personnel may investigate a violation of this chapter or the rules adopted under this chapter. (b) After conducting an investigation, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney for Travis County, the district attorney for Harris County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which a violation is alleged to have occurred. Sec. 469.103. ENFORCEMENT DIVISION; DIRECTOR. (a) The executive director shall appoint an enforcement director to administer the enforcement division. (b) The enforcement director must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the enforcement division. Sec. 469.104. GAMING ENFORCEMENT OFFICERS AND INVESTIGATORS. (a) The executive director shall employ the state gaming enforcement officers and investigators the executive director considers necessary and shall commission state gaming enforcement officers and investigators as peace officers. (b) The enforcement director and all enforcement officers and investigators employed as peace officers must meet the requirements of Chapter 1701, Occupations Code, for employment and commission as peace officers. Sec. 469.105. SEIZURE OF CASINO GAME OR EQUIPMENT. An enforcement officer or investigator employed by the enforcement division or a peace officer who is working in conjunction with the commission or the Department of Public Safety to enforce this chapter, without a search warrant, may search and seize a casino game or other casino equipment, including a slot machine or video casino machine, located in a state casino. Sec. 469.106. CRIMINAL BACKGROUND INVESTIGATION. (a) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective enforcement officer or investigator of the enforcement division. (b) The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. Sec. 469.107. INDEPENDENT SECURITY STUDY. (a) At least once every two years, the executive director shall employ an independent firm experienced in security, including computer and systems security, to conduct a comprehensive study of all aspects of state casino gaming security, including: (1) commission personnel security; (2) casino employee security; (3) casino operator and casino vendor security; (4) security against fraudulent gambling or cheating; (5) casino computer, data communications, database, and systems security; (6) casino premises and storage security; (7) security of validation and payment procedures; (8) security involving unclaimed prizes; (9) security of each casino game; and (10) other security aspects of state casino gaming. (b) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (a). (c) The commission shall provide the governor and the legislature, before each regular session of the legislature, with a summary of the security study conducted under Subsection (a) that includes an overall evaluation of the security of state casino gaming.
[Sections 469.108-469.150 reserved for expansion]
SUBCHAPTER D. PROCUREMENT; ADVERTISING
Sec. 469.151. PROCUREMENT PROCEDURES. (a) The executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter, including the construction or closure of a state casino. The procedures must, as determined appropriate by the executive director, promote competition to the maximum extent possible. (b) In all procurement decisions, the executive director shall: (1) take into account the sensitive nature of state casino gaming; and (2) act to promote and ensure integrity, security, honesty, and fairness in the construction, operation, administration, production of revenue, and closure of a state casino. Sec. 469.152. PROTEST OF PROCUREMENT PROCEDURES. (a) The procurement procedures adopted by the executive director under Section 469.151 must, as determined appropriate by the executive director, afford a party aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. (b) The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award necessary for the timely implementation of a state casino or casino game. (c) A protest under this section must be in writing and be filed with the commission as provided by the protest procedures. Sec. 469.153. JUDICIAL REVIEW. (a) A party aggrieved by the commission's resolution of a protest under Section 469.152 may file an action in a district court in Travis County. The court shall give preference to hearings and trials of actions under this section. (b) A party filing an action under this section to enjoin the implementation of a solicitation or contract shall post a bond payable to the commission, if the party does not prevail in the appeal, in an amount sufficient to compensate the commission for the estimated revenue lost due to the delay of that aspect of state casino gaming. Sec. 469.154. COMPETITIVE BIDDING. The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures under rules adopted by the commission to ensure fairness and integrity. Sec. 469.155. LIQUIDATED DAMAGES; PERFORMANCE BOND. A contract for the acquisition or provision of facilities, goods, or services related to state casino gaming must provide for liquidated damages and a performance bond in an amount equal to the executive director's best estimate of the revenue lost if the contractor fails to meet deadlines specified in the contract. Sec. 469.156. PROHIBITED CONTRACTS. The executive director may not award a contract for the purchase or lease of facilities, goods, or services related to state casino gaming to a person who would be denied a license as a casino employee under Section 469.206. Sec. 469.157. ASSISTANCE OF TEXAS BUILDING AND PROCUREMENT COMMISSION. On request of the executive director, the Texas Building and Procurement Commission shall assist the executive director in: (1) acquiring facilities, goods, or services under Subtitle D, Title 10; or (2) establishing procedures for the executive director's accelerated acquisition of facilities, goods, or services related to state casino gaming. Sec. 469.158. APPLICABILITY OF OTHER LAW. (a) A contract for the acquisition or provision of facilities, goods, or services related to state casino gaming is not subject to: (1) Chapter 2054 or 2254; or (2) Subtitle D, Title 10. (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may: (1) negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for state casino gaming; and (2) acquire transmission facilities on a competitive bid basis, if possible, by lease, purchase, or lease-purchase. Sec. 469.159. PREFERENCE FOR TEXAS BUSINESSES. (a) In all contracts for casino equipment, supplies, and services, including advertising, the commission shall give preference to equipment or supplies produced in this state or services offered by bidders from this state if the cost to the state and quality are equal. (b) If equipment or supplies produced in this state or services offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services offered by a bidder from another state shall be given preference over foreign equipment, supplies, or services. Sec. 469.160. MINORITY BUSINESSES. (a) In this section: (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, controlled by minority group members; and (B) is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity. (2) "Minority group members" include: (A) African Americans; (B) American Indians; (C) Asian Americans; and (D) Mexican Americans and other Americans of Hispanic origin. (b) The executive director and a casino operator shall take steps to: (1) inform minority businesses of opportunities to: (A) provide casino equipment and supplies to the commission; or (B) provide services, including advertising, to the commission for the operation of a state casino; (2) award contracts for casino equipment or supplies to minority businesses when possible; (3) award contracts for casino services, including advertising, to minority businesses when possible; (4) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and (5) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to the commission's contracts. The report must include recommendations for the improvement of minority business opportunities in casino-related business. Sec. 469.161. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A state officer, including a commission member, or the executive director or other employee of the commission may not appear in an advertisement or promotion for state casino gaming that is sponsored by the commission. (b) An advertisement or promotion for state casino gaming may not contain the likeness or name of a state officer, including a commission member, or of the executive director or other employee of the commission. (c) The executive director may designate an employee of the commission to participate in a promotional event. Sec. 469.162. PROHIBITED ADVERTISEMENTS. Advertisements or promotions sponsored by the commission for state casino gaming may not be specifically designed to unduly influence a person to visit a state casino.
[Sections 469.163-469.200 reserved for expansion]
SUBCHAPTER E. LICENSING OF CASINO EMPLOYEES
Sec. 469.201. LICENSE REQUIRED. (a) An individual must hold a casino employee license to be employed by the commission in a position listed in Section 469.053(e). (b) The executive director may establish a temporary or provisional license or other classes of licenses necessary in emergencies to regulate and administer the quantity and type of casino games provided at a state casino. (c) The executive director may license as a casino employee an individual the executive director believes will best serve the public. A casino employee license may not be transferred or assigned to another person. (d) The executive director may issue a casino employee license to an individual only if the director finds the individual's experience, character, and general fitness to be such that the individual's participation as a casino employee will not detract from the integrity, security, honesty, and fairness of state casino gaming. Sec. 469.202. LICENSE APPLICATION. (a) An applicant for a casino employee license must: (1) apply to the enforcement division under rules adopted by the commission; (2) provide information necessary to determine the applicant's eligibility for a license as provided by Section 469.206; and (3) provide other information considered necessary by the commission. (b) The applicant must include an application fee with each application. (c) Applications for licenses must be available for public inspection during regular office hours. (d) A fee collected under this section shall be deposited in the state treasury to the credit of the state casino account. Sec. 469.203. APPLICATION FEE. (a) The executive director shall set the application fee required by Section 469.202 in an amount at least sufficient to cover the costs incurred by the enforcement division and by the Department of Public Safety to process the application. (b) The executive director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. (c) If the executive director denies an application for a license based on a factor listed in Section 469.205, the executive director shall refund one-half of the application fee to the applicant. (d) If the executive director denies an application based on another factor, the executive director may not refund any part of the application fee. Sec. 469.204. CHANGE IN APPLICATION INFORMATION. A casino employee license applicant or casino employee shall notify the executive director of any change in the information in the applicant's or casino employee's most recent application for a license or renewal of a license not later than the 10th day after the date of the change. Sec. 469.205. RULES. The commission shall adopt rules requiring the executive director, before issuing a casino employee license to an applicant, to consider: (1) the financial responsibility and security of the applicant; (2) the sufficiency of existing casino employees to serve the public convenience; and (3) any other factor the executive director considers appropriate. Sec. 469.206. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (a) After a hearing, the executive director shall deny an application for a casino employee license or the commission shall suspend or revoke a license if the executive director or commission, as applicable, finds the applicant or casino employee: (1) is an individual who: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years have elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (C) is married to an individual: (i) described by Paragraph (A) or (B); or (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission; or (E) is a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Paragraph (D); (2) is currently delinquent in the payment of any state tax; or (3) has violated this chapter or a rule adopted under this chapter. (b) The executive director shall give an applicant or casino employee written notice of a denial of an application or a suspension or revocation of a license. (c) The executive director may not issue a license to a person who previously had any license under this chapter revoked unless the executive director is satisfied the person will comply with this chapter and the rules adopted under this chapter. (d) The executive director may prescribe the terms under which a suspended license will be reissued. Sec. 469.207. HEARING FOR PROPOSED DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (a) If the executive director proposes to deny an application for a casino employee license or the commission proposes to suspend or revoke a casino employee license under Section 469.206, the applicant or casino employee is entitled to written notice of the time and place of the hearing. (b) The notice may be served on an applicant or casino employee personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears in the commission's records. A notice must be served or mailed not later than the 20th day before the date of the hearing. (c) The commission shall provide for a formal administrative hearings process for a hearing required by this section. (d) To prevail at a hearing, the applicant or casino employee must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. Sec. 469.208. BOND; INSURANCE. (a) Each casino employee shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect state casino gaming from possible losses. (b) The amount of the security required by Subsection (a) shall be determined by the executive director and must proportionately reflect the possible losses to state casino gaming from the duties of the casino employee. (c) The executive director may also require a casino employee to maintain insurance if necessary to protect the interests of the state. Sec. 469.209. POSSESSION OF LICENSE. As prescribed by rule, a casino employee shall have in the person's immediate possession the person's casino license at all times when the employee is in a state casino. Sec. 469.210. EXPIRATION OF LICENSE; RENEWAL. (a) Unless suspended or revoked, a casino employee license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. (b) The commission shall adopt rules for the renewal of a license issued under this chapter. The director shall set a renewal fee in an amount at least sufficient to cover the cost of processing the renewal. (c) To renew a casino employee license, a casino employee must file a renewal application and pay the renewal fee before the casino employee's license expires or within any subsequent grace period established by the commission. Sec. 469.211. INTERRUPTION OF EMPLOYMENT OR BANKRUPTCY OF CASINO EMPLOYEE. Notwithstanding Section 469.210, a casino employee license issued under this chapter expires: (1) on the 180th day following the last day of the license holder's employment by a state casino or the commission; or (2) on the day the license holder files for bankruptcy.
[Sections 469.212-469.250 reserved for expansion]
SUBCHAPTER F. CRIMINAL HISTORY INVESTIGATIONS
Sec. 469.251. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. (a) The commission is entitled to conduct an investigation of, and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a casino employee or an applicant for a casino employee license; (2) a person required to be named in a license application; (3) a casino operator or prospective casino operator; (4) a person, or a representative of the person, who manufactures or distributes casino equipment or supplies offered to the commission; (5) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or proposal exceeds $500; (6) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; or (7) if a person described in Subdivisions (4) through (6) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct casino-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or (H) is an employee of the person who: (i) enters or will enter a state casino to perform a business function; or (ii) is or will be in close proximity to or exercises or will exercise control of state casino gaming money. (b) The commission shall conduct an investigation of and obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) the executive director or a prospective executive director; or (2) an employee or prospective employee of the commission. (c) Not later than the first anniversary after the date of renewal, the commission shall obtain criminal history record information maintained by the Department of Public Safety on a casino employee whose license is renewed. Sec. 469.252. FINGERPRINTS. (a) The executive director may: (1) discharge from employment a commission employee who fails to provide a complete legible set of fingerprints on request; or (2) refuse to consider a prospective commission employee who fails to provide a complete legible set of fingerprints on request. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or license holder fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. Sec. 469.253. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 469.251(a) or (b). The executive director shall reimburse the department for the actual cost of an investigation. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. (c) Payments made to the executive director under Subsection (b) shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation. (d) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. Sec. 469.254. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (1) a casino employee or an applicant for a casino employee license; (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a casino operator or prospective casino operator; (5) a person, or the person's representative, who manufactures or distributes casino equipment or supplies offered to the casino; (6) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; or (7) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Sec. 469.255. CONFIDENTIAL INFORMATION. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. (c) The comptroller shall adopt rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter.
[Sections 469.256-469.300 reserved for expansion] SUBCHAPTER G. REGULATION OF CASINO GAMES
Sec. 469.301. GAMES. (a) The executive director shall prescribe the form of casino games subject to adoption by the commission. (b) The toll-free "800" telephone number established by the Texas Commission on Alcohol and Drug Abuse under Section 461.018, Health and Safety Code, must be affixed to each casino game or be displayed in the plain view of a casino player of the casino game. (c) The overall estimated odds of and amount of probable winnings of a particular casino game must be printed on each casino game or be displayed in the plain view of a casino player of the casino game and be prominently displayed at each entrance to a state casino. The estimate must be based on reasonable projections and past experience. Sec. 469.302. AGREEMENT TO ABIDE BY RULES. (a) By entering a state casino, an individual agrees to abide by and be bound by the commission's rules, including the rules applicable to any casino game played. A casino player acknowledges that the determination of whether the casino player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular casino game involved; and (2) any validation tests established by the commission for the particular casino game involved. (b) A state casino must have available the rules or a reference to the rules applicable to a particular casino game at that casino. Sec. 469.303. GAMBLING BY OR PAYMENT OF WINNINGS TO CERTAIN PERSONS. An individual may not gamble or claim, collect, or receive winnings or a share of winnings from a state casino if the individual is: (1) a member, officer, or employee of a person that has contracted with the commission to sell or lease goods or services used in the casino; (2) a casino employee or casino operator; (3) an officer or employee of the commission; or (4) a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Subdivision (1), (2), or (3). Sec. 469.304. REPRESENTATION BY PERSON CLAIMING CASINO WINNINGS. A person claiming or attempting to claim winnings from a state casino represents that the ticket or other item entitling the person to the winnings: (1) was lawfully obtained; (2) is not stolen, forged, or altered; and (3) has not previously been redeemed. [Sections 469.305-469.350 reserved for expansion]
SUBCHAPTER H. OFFENSES
Sec. 469.351. VENUE. Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (1) an offense under this chapter; (2) an offense under the Penal Code, if the accused: (A) is a casino operator, casino vendor, casino employee, or a commission enforcement officer or investigator; and (B) is alleged to have committed the offense while engaged in any aspect of casino gaming; or (3) an offense that involves property associated with state casino gaming under Title 7 or 11, Penal Code. Sec. 469.352. AGGREGATION OF AMOUNTS INVOLVED. When amounts are claimed, attempted to be claimed, or obtained in violation of this chapter pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the classification or degree of the offense. Sec. 469.353. ATTEMPT BY UNLICENSED PERSON. (a) A person who is not a casino employee commits an offense if the person knowingly attempts to work at a state casino in a position listed in Section 469.053(e). (b) An offense under this section is a felony of the third degree. Sec. 469.354. LENDING TO FURTHER GAMBLING. (a) A person commits an offense if the person knowingly gives money to another person by extending credit or lending money to the person to enable the person to play a casino game at a state casino. (b) An offense under this section is a Class C misdemeanor. Sec. 469.355. GAMBLING BY PERSON YOUNGER THAN 21 YEARS. (a) A casino employee commits an offense if the person recklessly allows or attempts to allow a person younger than 21 years of age to play a casino game at a state casino. (b) An offense under this section is a Class C misdemeanor. Sec. 469.356. CHEATING AT CASINO GAME. (a) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. (b) A person commits an offense if the person wins, attempts to win, reduces a losing wager, or attempts to reduce a losing wager in connection with a casino game at a state casino by trick, sleight of hand performance, fraud or fraudulent scheme, or unauthorized device. (c) A person commits an offense if the person uses, or assists another in the use of, an electronic, electrical, or mechanical device that is designed, constructed, or programmed to obtain an advantage at gambling at any casino game conducted at a state casino. A device used by any person in violation of this section is subject to forfeiture as provided by commission rule. (d) A person commits an offense if the person knowingly uses chips not obtained from the state casino to play a casino game at a state casino. (e) A person commits an offense if the person knowingly uses an object other than legal tender of the United States or an item approved by the commission to play a slot machine or video casino machine at a state casino. (f) A person commits an offense if the person knowingly uses legal tender of the United States or an item approved by the commission in a slot machine or video casino machine at a state casino that is not the same denomination as legal tender or an item intended by the commission to be used in the slot machine or video casino machine. (g) A person commits an offense if the person knowingly possesses or uses any cheating or thieving device, including tools, drills, wires, coins or tokens attached to strings or wires, or electronic or magnetic devices, to: (1) facilitate the alignment of any winning combination in a slot machine or video casino machine at a state casino; or (2) remove from any slot machine or video casino machine at a state casino any money or other contents of the machine. (h) It is a defense to prosecution under Subsection (g) that a casino employee or a commission enforcement officer or investigator performs the conduct solely within the scope of the person's employment. (i) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the offense was committed in an attempt to obtain at least $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the offense was committed in an attempt to obtain at least $10,000, in which event the offense is a felony of the second degree; or (3) the person has previously been convicted of an offense under this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). Sec. 469.357. TAMPERING WITH CASINO EQUIPMENT. (a) A person commits an offense if the person knowingly tampers with, damages, defaces, or renders inoperable any slot machine, video casino machine, or other equipment used to conduct or offer a casino game at a state casino. (b) An offense under this section is a Class B misdemeanor. Sec. 469.358. REPORTING AND RECORD VIOLATIONS. (a) A person commits an offense if the person, in a license application, a book or record required to be maintained by this chapter or a rule adopted under this chapter, or a report required to be submitted by this chapter or a rule adopted under this chapter: (1) makes a statement or entry the person knows to be false or misleading; or (2) fails to maintain or make an entry the person knows is required to be maintained or made. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the enforcement director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. (c) An offense under this section is a Class A misdemeanor. Sec. 469.359. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. (a) In this section, "statement" includes a written or oral statement and a sworn or unsworn statement. (b) A person commits an offense if the person knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. (c) An offense under this section is a Class A misdemeanor. Sec. 469.360. CONSPIRACY. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that the person or one or more of the persons engage in conduct that would constitute the offense; and (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. (c) It is not a defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or (5) the object offense was not actually committed. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor.
[Sections 469.361-469.400 reserved for expansion]
SUBCHAPTER I. REVENUE
Sec. 469.401. DELIVERY OF FUNDS. (a) All revenue received from state casino gaming and all money credited to the state casino account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the executive director. (b) The executive director shall require a casino operator to establish separate electronic funds transfer accounts for the purposes of depositing proceeds from a state casino, making payments to the operations division, and receiving payments from the operations division. (c) The commission by rule shall establish the procedures for depositing proceeds from casino gaming into electronic funds transfer accounts, as well as other procedures regarding the handling of money from state casino gaming. Sec. 469.402. REPORTING BY CASINO EMPLOYEE; RECORDS. (a) The operations director shall require a casino operator to file with the operations division reports of receipts and transactions relating to state casino gaming in the form and containing the information the operations director requires. (b) A casino operator shall maintain records for each gambling period as determined by commission rule of each day that adequately establish the disposition of: (1) the gambling period; (2) the amounts of wagers and other money received from the gambling period; and (3) winnings awarded by casino employees. Sec. 469.403. LIABILITY OF CASINO EMPLOYEE. Money received by a casino employee from wagers placed, less the amount awarded for winnings by a casino employee, shall be held in trust for the benefit of the operations division before delivery to a casino operator or the casino operator's designee, and the casino operator is personally liable to the operations division for the full amount of the money. Sec. 469.404. DUTIES OF COMPTROLLER. (a) The comptroller, in consultation with the operations director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the operations director under this chapter. (b) The comptroller periodically shall file reports with the executive director providing information regarding: (1) the revenue credited to the state casino account; (2) the investments of the money in the account; and (3) the distributions made from the account. Sec. 469.405. STATE CASINO ACCOUNT. (a) The state casino account is a special account in the general revenue fund consisting of: (1) all revenue received from state casino gaming; (2) license and application fees received under this chapter; and (3) all money credited to the account from any other fund or source under law. (b) Interest earned by the state casino account shall be deposited in the unobligated portion of the general revenue fund. (c) Money in the state casino account may be used only for the following purposes and shall be distributed as follows: (1) the payment of winnings to casino game players at state casinos; (2) the payment of costs incurred in state casino gaming; (3) the establishment of a casino prize reserve fund, unclaimed winnings fund, winnings payment account, or other reserve account established by the commission to administer this chapter; and (4) the balance, after creation of a reserve sufficient to pay the amounts needed or estimated to be needed under Subdivisions (1) through (3), to be transferred, on or before the 15th day of each month, to the foundation school fund. Sec. 469.406. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. For purposes of Section 49a, Article III, and Section 22, Article VIII, Texas Constitution: (1) funds received from state casino gaming are not revenue; and (2) expenses of state casino gaming, including paying winnings, are not expenses of state government. Sec. 469.407. COMPENSATION OF CASINO EMPLOYEES. The executive director in consultation with the casino operators shall determine the compensation to be paid to casino employees.
[Sections 469.408-469.450 reserved for expansion]
SUBCHAPTER J. WINNINGS
Sec. 469.451. SUPERVISION BY ENFORCEMENT DIVISION. The enforcement division shall supervise state casino gaming and transfers of state casino gaming revenue. Sec. 469.452. PAYMENT OF WINNINGS GENERALLY. (a) The executive director may authorize winnings to be drawn on the state casino account. (b) The state is discharged of all further liability on the payment of winnings under Section 469.453 or 469.454 or this section or under any additional procedures established by rule. Sec. 469.453. RIGHT TO WINNINGS NOT ASSIGNABLE. (a) Except as provided by this section, the right of any person to winnings is not assignable. (b) Payment of winnings may be made to the estate of a deceased casino player entitled to the winnings. (c) Winnings to which a casino player is otherwise entitled may be paid to any person under an appropriate judicial order. Sec. 469.454. UNCLAIMED WINNINGS. (a) The operations division shall retain unclaimed winnings for payment or delivery to the casino player entitled to the winnings for 180 days after the date on which the casino player became entitled to the winnings. (b) If a claim is not made for winnings on or before the 180th day after the date on which the casino player became entitled to the winnings, the winnings shall be used to provide additional money to the state casino account for the purposes prescribed by Section 469.405(c)(1) or offered in a subsequent casino game. (c) A casino player forfeits any claim or entitlement to winnings after the expiration of the 180th day after the date on which the casino player became entitled to the winnings. Sec. 469.455. TREATMENT OF WINNINGS BY INELIGIBLE PERSON. (a) An individual who plays a casino game at a state casino or who claims or otherwise attempts to collect or receive winnings from a state casino is not eligible to receive the winnings or a share of the winnings if the individual is: (1) listed in Section 469.303; or (2) younger than 21 years of age. (b) The winnings or share of the winnings otherwise payable but not eligible for payment as provided by Subsection (a) are treated as unclaimed winnings under Section 469.454.
CHAPTER 470. TEXAS CASINO COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 470.001. DEFINITIONS. In this chapter: (1) "Casino operator" means a person employed under Section 470.064. (2) "Commission" means the Texas Casino Commission. (3) "Executive director" means the executive director of the Texas Casino Commission. (4) "Communicate directly with" has the meaning assigned by Section 305.002. (5) "Gift" includes a gratuity, trip, meal, or any thing of value for which the recipient does not compensate the person making the gift and that is not conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient. (6) "Legislation" has the meaning assigned by Section 305.002. (7) "Member of the legislative branch" has the meaning assigned by Section 305.002. (8) "Participate" means to take action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, or similar action. (9) "Particular matter" includes an investigation, application, request for a ruling or determination, license proceeding, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. (10) "Person who has a significant financial interest in state casino gaming" means: (A) a person or a board member, officer, trustee, or general partner of a person who manufactures, distributes, sells, or produces casino equipment, supplies, or services, including advertising, related to state casino gaming; or (B) an employee directly involved in the manufacturing, distribution, selling, or production of casino equipment, supplies, or services, including advertising, of a person who manufactures, distributes, sells, or produces casino equipment, supplies, or services, including advertising, related to state casino gaming. (11) "Political committee" has the meaning assigned by Section 251.001, Election Code. (12) "Political contribution" has the meaning assigned by Section 251.001, Election Code. (13) "State casino gaming" has the meaning assigned by Section 469.001. Sec. 470.002. APPLICATION OF SUNSET ACT. The Texas Casino Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter and Chapter 469 expire September 1, 2015. Sec. 470.003. APPLICATION OF FINANCIAL DISCLOSURE LAW. For purposes of Chapter 572, a member of the commission, the executive director, and the division directors are appointed officers of a major state agency.
[Sections 470.004-470.050 reserved for expansion]
SUBCHAPTER B. COMMISSION
Sec. 470.051. MEMBERSHIP. (a) The commission is composed of three members appointed by the governor with the advice and consent of the senate. (b) In making appointments to the commission, the governor shall strive to achieve representation by all the population groups of the state with regard to economic status, sex, race, and ethnicity. Sec. 470.052. TERM OF OFFICE. Members hold office for staggered terms of six years with one member's term expiring February 1 of each odd-numbered year. Sec. 470.053. RESIDENCE REQUIREMENT. An individual is not eligible to be a member of the commission unless the individual has been a resident of this state for the 10 years preceding the date of appointment. Sec. 470.054. ELIGIBILITY. (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) An individual is not eligible for appointment as a member of the commission if the individual: (1) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the commission; (2) is employed by or participates in the management of a business entity or other organization receiving funds from the commission; (3) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; (4) is an officer, employee, or paid consultant of a Texas trade association in the gaming industry; (5) is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission; (6) is married to an individual described by Subdivisions (1) through (5); (7) has been convicted of a felony or any crime involving moral turpitude; or (8) is not a citizen of the United States. Sec. 470.055. PROHIBITED CONDUCT. (a) A commission member may not: (1) accept any employment or remuneration from: (A) a person who has a significant financial interest in a state casino; or (B) a casino commercial lessor, casino distributor, or casino manufacturer; (2) play any casino game conducted in this state; (3) accept or be entitled to accept any part of the winnings paid from a casino game conducted in this state; (4) use the member's official authority to affect the result of an election or nomination for public office; or (5) directly or indirectly, coerce, attempt to coerce, command, or advise a person to pay, lend, or contribute any thing of value to another person for political purposes. (b) A commission member, former commission member, or the spouse of a commission member or former commission member may not solicit or accept employment from a person regulated by the commission before the second anniversary of the date on which the commission member's service on the commission ends. Sec. 470.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the commission that a commission member: (1) does not have at the time of appointment the qualifications required for appointment to the commission; (2) does not maintain during service on the commission the qualifications required for appointment to the commission; (3) violates a prohibition established by Section 470.055; (4) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission. (b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists. (c) If the presiding officer has knowledge that a potential ground for removal exists, the presiding officer shall notify the governor. Sec. 470.057. COMPENSATION AND EXPENSES. (a) A commission member is not entitled to compensation for serving on the commission. (b) A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing the member's duties, subject to any applicable limitation in the General Appropriations Act. Sec. 470.058. OFFICES. The commission shall maintain its general office in the city of Austin. The commission may establish branch offices. Sec. 470.059. PRESIDING OFFICER. The governor shall designate one member of the commission as presiding officer of the commission to serve in that capacity at the will of the governor. Sec. 470.060. MEETINGS. The commission shall hold at least six regular meetings each year on dates fixed by the commission. The commission may meet at other times at the call of the presiding officer or as provided by commission rule. Sec. 470.061. DIVISIONS. The commission shall establish: (1) the division of state gaming enforcement to enforce Chapter 469 and rules adopted by the commission; and (2) the division of state gaming operations to conduct state casino gaming, including facilitating enforcement by the division of state gaming enforcement. Sec. 470.062. EXECUTIVE DIRECTOR. (a) The commission shall employ an executive director to administer this chapter and the laws under the commission's jurisdiction. (b) The executive director holds office at the will of the commission and is exempted from Chapter 654. Sec. 470.063. DIVISION DIRECTORS. (a) The executive director shall employ an enforcement director to oversee the division of state gaming enforcement. (b) The executive director shall employ an operations director to oversee the division of state gaming operations. (c) A division director serves at the will of the executive director and is exempted from Chapter 654. Sec. 470.064. CASINO OPERATOR. (a) The executive director shall employ one casino operator for each state casino to oversee the operation of the state casino. (b) A casino operator serves at the will of the executive director and is exempted from Chapter 654. Sec. 470.065. EMPLOYEES. The executive director shall employ other personnel necessary to administer the laws under the commission's jurisdiction. Sec. 470.066. RESTRICTIONS ON EMPLOYMENT. (a) The commission may not employ a person who owns a substantial financial interest in a person who: (1) leases property to the commission; or (2) manufactures or distributes casino equipment or supplies. (b) The commission may not employ a person who is a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person who is subject to a disqualification prescribed by Subsection (a). (c) In employing the executive director and other employees, the commission shall strive to reflect the diversity of the population of the state with regard to race, color, disability, sex, religion, age, and national origin. Sec. 470.067. ACCESS TO CRIMINAL HISTORY RECORDS. (a) The governor shall conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency relating to an individual the governor intends to appoint to the commission. (b) The commission shall conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency relating to an individual the commission intends to employ.
[Sections 470.068-470.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 470.101. POWERS AND DUTIES OF COMMISSION. The commission has the powers and duties provided under Chapter 469. Sec. 470.102. RULES. The commission may adopt rules for the enforcement and administration of this chapter and the laws under the commission's jurisdiction. Sec. 470.103. DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director shall perform all duties required by the commission to administer this chapter and the laws under the commission's jurisdiction. (b) The executive director may not hold other employment. (c) The executive director may create, abolish, transfer, and consolidate divisions or other units within the commission that are not expressly established by law as the executive director determines necessary for the efficient operation of the commission. Sec. 470.104. RECORDS. The executive director shall keep the records of the commission. Sec. 470.105. LEGAL REPRESENTATION. (a) The attorney general shall: (1) designate at least one member of the attorney general's staff to advise the commission and to represent the commission in legal proceedings; and (2) make available to the appropriate prosecuting attorneys any information obtained regarding a violation of a law under the commission's jurisdiction. (b) The attorney general may apply for injunctive or declaratory relief to enforce a law under the commission's jurisdiction or a rule adopted by the commission. (c) Action by the attorney general under Subsection (b) does not limit the authority of the attorney general or a prosecuting attorney to bring a criminal proceeding. Sec. 470.106. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR EMPLOYEE. (a) A commission member, the executive director, or an employee of the commission may not knowingly accept a gift or political contribution from: (1) a person who has a significant financial interest in state casino gaming; (2) a person related in the first degree of consanguinity or affinity to a person who has a significant financial interest in state casino gaming; (3) a person who owns more than a 10 percent interest in an entity that has a significant financial interest in state casino gaming; (4) a political committee directly established, administered, or controlled, in whole or in part, by a person who has a significant financial interest in state casino gaming; or (5) a person who, within the two years preceding the date of the gift or contribution, was entitled to state casino winnings exceeding $5,000 in amount or value. (b) A person may not knowingly make a gift or political contribution to a commission member, the executive director, or an employee of the commission, if the person: (1) has a significant financial interest in state casino gaming; (2) is related in the first degree of consanguinity or affinity to a person who has a significant financial interest in state casino gaming; (3) owns more than a 10 percent interest in an entity that has a significant financial interest in state casino gaming; (4) is a political committee directly established, administered, or controlled, in whole or in part, by a person who has a significant financial interest in state casino gaming; or (5) within the two years preceding the date of the gift or contribution, was entitled to state casino winnings exceeding $5,000 in amount or value. (c) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor. Sec. 470.107. GIFT OR POLITICAL CONTRIBUTION TO FORMER OFFICER OR EMPLOYEE. (a) Before the second anniversary of the date a person's service in office or employment with the commission ceases, a former commission member, former executive director, or former employee of the commission may not accept a gift or political contribution that the person knows is from: (1) a person who has a significant financial interest in state casino gaming; (2) a person related in the first degree of consanguinity or affinity to a person who has a significant financial interest in state casino gaming; (3) a person who owns more than a 10 percent interest in an entity that has a significant financial interest in state casino gaming; (4) a political committee directly established, administered, or controlled, in whole or in part, by a person who has a significant financial interest in state casino gaming; or (5) a person who, within the two years preceding the date of the gift or contribution, was entitled to state casino winnings exceeding $5,000 in amount or value. (b) A person may not knowingly make a gift or political contribution to a former commission member, former executive director, or former employee of the commission if the person: (1) has a significant financial interest in state casino gaming; (2) is related in the first degree of consanguinity or affinity to a person who has a significant financial interest in state casino gaming; (3) owns more than a 10 percent interest in an entity that has a significant financial interest in state casino gaming; (4) is a political committee directly established, administered, or controlled, in whole or in part, by a person who has a significant financial interest in state casino gaming; or (5) within the two years preceding the date of the gift or contribution, was entitled to state casino winnings exceeding $5,000 in amount or value. (c) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor. Sec. 470.108. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE. (a) A former commission member, former executive director, or former director may not: (1) represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of service or employment with the commission, either through personal involvement or because the matter was within the scope of the officer's or employee's official responsibility; or (2) for compensation communicate directly with a member of the legislative branch to influence legislation on behalf of a person who has a significant financial interest in state casino gaming before the sixth anniversary of the date the person's service in office or employment with the commission ceases. (b) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor. SECTION 2. Section 47.02(c), Penal Code, is amended to read as follows: (c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct: (1) was permitted under Chapter 2001, Occupations Code; (2) was permitted under Chapter 2002, Occupations Code; (3) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code); (4) consisted entirely of participation in state casino gaming authorized by Chapter 469, Government Code; (5) was permitted under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or (6) [(5)] consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. SECTION 3. Section 47.06(f), Penal Code, is amended to read as follows: (f) It is a defense to prosecution under Subsection (a) or (c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it: (1) within this state to a location designated by the State Lottery Commission for delivery to the commission; or (2) to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal. SECTION 4. Section 47.09(a), Penal Code, is amended to read as follows: (a) It is a defense to prosecution under this chapter that the conduct: (1) was authorized under: (A) Chapter 2001, Occupations Code; (B) Chapter 2002, Occupations Code; or (C) the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); (2) consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; [or] (3) was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by: (A) Chapter 466, Government Code; (B) the lottery division of the Texas Lottery Commission; (C) the Texas Lottery Commission; or (D) the director of the lottery division of the Texas Lottery Commission; (4) consisted entirely of participation in state casino gaming authorized by Chapter 469, Government Code; or (5) was a necessary incident to state casino gaming and was directly or indirectly authorized by: (A) Chapter 469, Government Code; (B) the Texas Casino Commission; or (C) the executive director of the Texas Casino Commission. SECTION 5. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1085 to read as follows: Sec. 411.1085. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS CASINO COMMISSION. (a) The Texas Casino Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who, under Chapter 469, is: (1) a casino employee or an applicant for a casino employee license; (2) a person required to be named in a license application; (3) a casino operator or prospective casino operator; (4) a person who manufactures or distributes casino equipment or supplies or a representative of a person who manufactures or distributes casino equipment or supplies offered to the casino; (5) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or proposal exceeds $500; (6) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; (7) if a person described in Subdivisions (4) through (6) is not an individual, each individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business through which the person conducts or will conduct casino-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or (H) is an employee of the person who: (i) enters or will enter a state casino to perform a business function; or (ii) is or will be in close proximity to money from state casino gaming; (8) an employee or prospective employee, including the executive director or a prospective executive director, of the commission; or (9) a casino employee whose license is renewed under Section 469.210. (b) Criminal history record information obtained by the commission under Subsection (a) may not be released or disclosed to any person except on court order or as provided by Subsection (c). (c) The commission is not prohibited from disclosing to the person who is the subject of the criminal history record information the dates and places of arrests, offenses, and dispositions contained in the criminal history record information. SECTION 6. Section 2054.007, Government Code, is amended to read as follows: Sec. 2054.007. EXCEPTIONS [EXCEPTION]: STATE LOTTERY AND CASINO COMMISSION [OPERATIONS]. (a) The lottery division of the Texas Lottery Commission and the Texas Casino Commission are [is] not subject to the planning and procurement requirements of this chapter. (b) The electronic funds transfer system for the operation of the state lottery or state casino gaming is not included in the agency strategic plan or biennial operating plan of the comptroller. Operations of the comptroller that relate to the state lottery or casino gaming are not subject to the planning and procurement requirements of this chapter. SECTION 7. Article 2.12, Code of Criminal Procedure, is amended to read as follows: Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal peace officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety; (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; (6) law enforcement agents of the Texas Alcoholic Beverage Commission; (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) officers commissioned by the General Services Commission; (10) law enforcement officers commissioned by the Parks and Wildlife Commission; (11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers; (12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers; (13) municipal park and recreational patrolmen and security officers; (14) security officers and investigators commissioned as peace officers by the comptroller; (15) officers commissioned by a water control and improvement district under Section 49.216, Water Code; (16) officers commissioned by a board of trustees under Chapter 54, Transportation Code; (17) investigators commissioned by the Texas State Board of Medical Examiners; (18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code; (19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code; (20) investigators employed by the Texas Racing Commission; (21) officers commissioned under Chapter 554, Occupations Code; (22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code; (23) investigators commissioned by the attorney general under Section 402.009, Government Code; (24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code; (25) an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code; (26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code; (27) officers commissioned by the state fire marshal under Chapter 417, Government Code; (28) an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code; (29) apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources Code; (30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code; (31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code; (32) commission investigators commissioned by the Texas Commission on Private Security under Section 1702.061(f), Occupations Code; [and] (33) the fire marshal, and any investigators commissioned by an emergency services district to assist that fire marshal, under Subchapter F, Chapter 775, Health and Safety Code; and (34) enforcement officers and investigators employed by the division of state gaming enforcement of the Texas Casino Commission. SECTION 8. Section A, Article 2.05, Texas Business Corporation Act, is amended to read as follows: A. The Corporate name shall conform to the following requirements: (1) It shall contain the word "corporation," "company," or "incorporated," or shall contain an abbreviation of one of such words, and shall contain such additional words as may be required by law. (2) It shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation. (3) It shall not be the same as, or deceptively similar to, the name of any domestic corporation, limited partnership, or limited liability company existing under the laws of this State, or the name of any foreign corporation, non-profit corporation, limited partnership, or limited liability company authorized to transact business in this State, or a name the exclusive right to which is, at the time, reserved in the manner provided in this Act or any other statute providing for reservation of names by a limited partnership or limited liability company, or the name of a corporation, limited partnership, or limited liability company which has in effect a registration of its company name as provided in this Act or any other applicable law; provided that a name may be similar if written consent is obtained from the existing corporation, limited partnership, or limited liability company having the name deemed to be similar or the person for whom the name deemed to be similar is reserved in the office of the Secretary of State. (4) It shall not contain the word "lottery." (5) It shall not contain the word "casino." SECTION 9. Section A, Article 2.04, Texas Non-Profit Corporation Act (Article 1396-2.04, Vernon's Texas Civil Statutes), is amended to read as follows: A. The corporate name shall conform to the following requirements: (1) It shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation. (2) It shall not be the same as, or deceptively similar to, the name of any domestic corporation, whether for profit or not for profit, existing under the laws of this State, or the name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this State, or a name the exclusive right to which is, at the time, reserved in the manner provided by the Texas Business Corporation Act, or the name of a corporation which has in effect a registration of its corporate name as provided in the Texas Business Corporation Act; provided that a name may be similar if written consent is obtained from the existing corporation having the name deemed to be similar, or the person, or corporation, for whom the name deemed to be similar is reserved or registered in the office of the Secretary of State. (3) It shall not contain the word "lottery." (4) It shall not contain the word "casino." SECTION 10. In making the initial appointments to the Texas Casino Commission, the governor shall appoint one member for a term expiring February 1, 2005, one member for a term expiring February 1, 2007, and one member for a term expiring February 1, 2009. SECTION 11. (a) To promptly implement this Act, the comptroller and the executive director of the Department of Information Resources or their designated representatives shall, on the request of the executive director of the Texas Casino Commission, advise the executive director in promptly implementing an electronic funds transfer system for purposes of administering Chapters 469 and 470, Government Code. (b) This section expires January 1, 2005. The expiration of this section does not affect the performance of or obligations under a contract made under this section. SECTION 12. This Act takes effect on the date on which the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, to authorize the legislature to authorize the state to operate a casino at a publicly owned sports venue or facility in Harris County and to conduct games of chance at that casino to fund public education takes effect. If that amendment is not approved by the voters, this Act has no effect.