The provisions of the bill that are the subject of this analysis would amend the Occupations Code by creating felony offenses related to the authorization and regulation of poker gaming.  The offense of fraud would be created, as it relates to poker, which would be punishable as a felony of the third degree.  The offense of use of prohibited devices would be created which would be punishable as a felony of the third degree.  The offense of use of counterfeit or unauthorized chips, tokens, playing cards, or other devices would be created which would be punishable as a felony of the third degree.  The offense of cheating, as it relates to poker, would be created and punishable as a state jail felony.  The offense of unauthorized operation of poker gaming tables would be created which would be punishable as a state jail felony.  The bill would also create the offense of unlawful manufacture, sale or distribution of poker gaming equipment, which would be punishable as a felony of the third degree. 

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
 
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.