|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to local option elections to legalize or prohibit the |
|
operation of eight-liners and imposing a fee on eight-liner owners; |
|
providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Title 17, Election Code, is amended by adding |
|
Chapter 502 to read as follows: |
|
CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 502.001. DEFINITION. In this chapter, "eight-liner" |
|
has the meaning assigned by Section 47.01, Penal Code. |
|
[Sections 502.002-502.020 reserved for expansion] |
|
SUBCHAPTER B. MANNER OF CALLING ELECTION |
|
Sec. 502.021. ELECTION TO BE HELD. On proper petition by |
|
the required number of voters of a county, justice precinct, or |
|
municipality in the county, the commissioners court shall order a |
|
local option election in that political subdivision to determine |
|
whether the operation of eight-liners shall be legalized or |
|
prohibited in the political subdivision. |
|
Sec. 502.022. QUALIFICATIONS FOR NEW POLITICAL SUBDIVISION |
|
TO HOLD ELECTION. A political subdivision must have been in |
|
existence for at least 18 months before a local option election to |
|
legalize or prohibit the operation of eight-liners in the political |
|
subdivision may be held. |
|
Sec. 502.023. APPLICATION FOR PETITION. (a) On written |
|
application of 10 or more qualified voters of any county, justice |
|
precinct, or municipality that includes proof of publication of the |
|
application in a newspaper of general circulation in that political |
|
subdivision not earlier than the 30th day before the date the |
|
petition is filed, the county clerk of the county shall issue to the |
|
applicants a petition to be circulated among the qualified voters |
|
of the political subdivision for the signatures of the qualified |
|
voters requesting that a local option election be called to |
|
determine whether the operation of eight-liners shall be legalized |
|
or prohibited in the political subdivision. |
|
(b) Not later than the fifth day after the date the petition |
|
is issued, the county clerk shall notify the secretary of state that |
|
the petition has been issued. |
|
Sec. 502.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION |
|
FOR PETITION TO LEGALIZE. (a) An application for a petition |
|
seeking an election to legalize the operation of eight-liners must |
|
include the heading: "Application for Local Option Election |
|
Petition to Legalize the Operation of Eight-liners." |
|
(b) The application must contain the following statement of |
|
the issue to be voted on, immediately preceding the signatures of |
|
the applicants: "It is the purpose and intent of the applicants |
|
whose signatures appear on this application to legalize the |
|
operation of eight-liners in (name of political subdivision)." |
|
Sec. 502.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION |
|
FOR PETITION TO PROHIBIT. (a) An application for a petition |
|
seeking an election to prohibit the operation of eight-liners must |
|
include the heading: "Application for Local Option Election |
|
Petition to Prohibit the Operation of Eight-liners." |
|
(b) The application must contain the following statement of |
|
the issue to be voted on, immediately preceding the signatures of |
|
the applicants: "It is the purpose and intent of the applicants |
|
whose signatures appear on this application to prohibit the |
|
operation of eight-liners in (name of political subdivision)." |
|
Sec. 502.026. PETITION REQUIREMENTS. A petition must |
|
include the date the petition is issued by the county clerk and be |
|
serially numbered. Each page of the petition must bear the same |
|
date and serial number and the actual seal of the county clerk |
|
rather than a facsimile of that seal. |
|
Sec. 502.027. HEADING AND STATEMENT ON PETITION TO |
|
LEGALIZE. (a) Each page of the petition for a local option |
|
election seeking to legalize the operation of eight-liners must |
|
include the heading: "Petition for Local Option Election to |
|
Legalize the Operation of Eight-liners." |
|
(b) The petition must contain the following statement of the |
|
issue to be voted on, immediately preceding the signatures of the |
|
petitioners: "It is the purpose and intent of the petitioners whose |
|
signatures appear on this petition to legalize the operation of |
|
eight-liners in (name of political subdivision)." |
|
Sec. 502.028. HEADING AND STATEMENT ON PETITION TO |
|
PROHIBIT. (a) Each page of the petition for a local option |
|
election seeking to prohibit the operation of eight-liners must |
|
include the heading: "Petition for Local Option Election to |
|
Prohibit the Operation of Eight-liners." |
|
(b) The petition must contain the following statement of the |
|
issue to be voted on, immediately preceding the signatures of the |
|
petitioners: "It is the purpose and intent of the petitioners whose |
|
signatures appear on this petition to prohibit the operation of |
|
eight-liners in (name of political subdivision)." |
|
Sec. 502.029. OFFENSE: MISREPRESENTATION OF PETITION. (a) |
|
A person commits an offense if the person misrepresents the purpose |
|
or effect of a petition issued under this chapter. |
|
(b) An offense under this section is a Class B misdemeanor. |
|
Sec. 502.030. COPIES OF PETITION. (a) The county clerk |
|
shall provide the number of copies of the petition required by the |
|
applicants provided the number of pages does not exceed one page for |
|
every 10 registered voters in the county, justice precinct, or |
|
municipality. Each copy must bear the date, number, and seal on |
|
each page as required on the original petition. |
|
(b) The county clerk shall keep a copy of each petition and a |
|
record of the applicants for the petition. |
|
Sec. 502.031. VERIFICATION OF PETITION. (a) The voter |
|
registrar of the county shall check the names of the signers of |
|
petitions and the voting precincts in which the signers reside to |
|
determine whether the signers were qualified voters of the county, |
|
justice precinct, or municipality at the time the petition was |
|
issued. The registrar may use a statistical sampling method to |
|
verify the signatures, except that on written request from a |
|
citizen of the political subdivision for which an election is |
|
sought, the registrar shall verify each signature on the petition. |
|
The citizen requesting the verification shall pay the reasonable |
|
cost of the verification. The registrar shall certify to the |
|
commissioners court the number of qualified voters signing the |
|
petition. |
|
(b) A petition signature may not be counted unless: |
|
(1) the signature is the actual signature of the |
|
purported signer; |
|
(2) the petition contains in addition to the |
|
signature: |
|
(A) the signer's printed name; |
|
(B) the signer's date of birth; |
|
(C) if the territory from which signatures must |
|
be obtained is situated in more than one county, the county of |
|
registration; |
|
(D) the signer's residence address; and |
|
(E) the date of signing; and |
|
(3) the petition complies with any other applicable |
|
requirements prescribed by law. |
|
(c) The use of ditto marks or abbreviations does not |
|
invalidate a signature if the required information is reasonably |
|
ascertainable. |
|
(d) The omission of the state from the signer's residence |
|
address does not invalidate a signature unless the political |
|
subdivision from which the signature is obtained is situated in |
|
more than one state. The omission of the zip code from the address |
|
does not invalidate a signature. |
|
(e) The signature is the only entry on the petition that is |
|
required to be in the signer's handwriting. |
|
(f) A signer may withdraw the signer's signature by deleting |
|
the signature from the petition or by filing with the voter |
|
registrar an affidavit requesting that the signature be withdrawn |
|
from the petition. A signer may not withdraw the signature from a |
|
petition on or after the date the petition is received by the |
|
registrar. A withdrawal affidavit filed by mail is considered to be |
|
filed at the time of its receipt by the registrar. The withdrawal |
|
of a signature nullifies the signature on the petition and places |
|
the signer in the same position as if the signer had not signed the |
|
petition. |
|
Sec. 502.032. REQUIREMENTS TO ORDER ELECTION. (a) The |
|
commissioners court, at its next regular session on or after the |
|
30th day after the date the petition is filed, shall order a local |
|
option election to be held on the issue set out in a petition that |
|
complies with the requirements of Subsection (b). |
|
(b) The petition must: |
|
(1) be filed with the voter registrar not later than |
|
the 60th day after the date the petition is issued; and |
|
(2) bear the signatures of a number of qualified |
|
voters of the political subdivision equal to at least 35 percent of |
|
the registered voters in the subdivision who voted in the most |
|
recent gubernatorial election. |
|
(c) A voter whose name appears on the list of registered |
|
voters with the notation "S," or a similar notation, shall be |
|
excluded from the computation of the number of registered voters of |
|
a particular territory. |
|
Sec. 502.033. RECORD IN MINUTES. The commissioners court |
|
shall enter in its minutes the date a petition is presented, the |
|
names of the signers, and the action taken with respect to the |
|
petition. |
|
Sec. 502.034. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a) |
|
The election order must state in its heading and text whether the |
|
local option election to be held is for the purpose of legalizing or |
|
prohibiting the operation of eight-liners as set out in the issue |
|
recited in the application and petition. |
|
(b) The order must state the issue to be voted on in the |
|
election. |
|
Sec. 502.035. BALLOT. The ballot in an election to legalize |
|
or prohibit the operation of eight-liners shall be prepared to |
|
permit voting for or against "The legal operation of eight-liners |
|
in (name of political subdivision)." |
|
Sec. 502.036. EVIDENCE OF VALIDITY. The commissioners |
|
court election order is prima facie evidence of compliance with all |
|
provisions necessary to give the order validity or to give the |
|
commissioners court jurisdiction to make the order valid. |
|
Sec. 502.037. FREQUENCY OF ELECTIONS. A local option |
|
election on a particular issue may not be held in a political |
|
subdivision until after the first anniversary of the date of the |
|
most recent local option election in that political subdivision on |
|
that issue. |
|
[Sections 502.038-502.100 reserved for expansion] |
|
SUBCHAPTER C. HOLDING OF ELECTION |
|
Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as |
|
provided by this chapter, the officers holding a local option |
|
election shall hold the election in the manner provided by this |
|
code. |
|
Sec. 502.102. ELECTION PRECINCTS. (a) County election |
|
precincts shall be used for a local option election to be held in an |
|
entire county or in a justice precinct. |
|
(b) Election precincts established by the governing body of |
|
the municipality for its municipal elections shall be used for a |
|
local option election to be held in a municipality. If the |
|
governing body has not established precincts for its municipal |
|
elections, the commissioners court shall prescribe the election |
|
precincts for the local option election under the law governing |
|
establishment of precincts for municipal elections. |
|
Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to |
|
appear on the ballot for an election ordered by the commissioners |
|
court must be the same as the issue applied for and set out in the |
|
petition. |
|
(b) The ballot must include the language required under |
|
Section 502.035. |
|
Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The |
|
county shall pay the expense of holding a local option election |
|
authorized by this chapter in the county, justice precinct, or |
|
municipality in that county except that: |
|
(1) if an election is to be held only within the |
|
corporate limits of a municipality located wholly within the |
|
county, the county may require the municipality to reimburse the |
|
county for all or part of the expenses of holding the local option |
|
election; |
|
(2) county payment of the expense of an election to |
|
legalize the operation of eight-liners is limited to the holding of |
|
one election in a political subdivision during a one-year period; |
|
and |
|
(3) county payment of the expense of an election to |
|
prohibit the operation of eight-liners is limited to the holding of |
|
one election in a political subdivision during a one-year period. |
|
Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS; |
|
OFFENSE. (a) If a county is not required to pay the expense of a |
|
local option election under Section 502.104, the county clerk shall |
|
require the applicants for a petition for a local option election to |
|
make a deposit before the issuance of the petition. |
|
(b) The deposit must be in the form of a cashier's check in |
|
an amount equal to 25 cents per voter listed on the current list of |
|
registered voters residing in the county, justice precinct, or |
|
municipality where the election is to be held. |
|
(c) The money received shall be deposited in the county's |
|
general fund. A refund may not be made to the applicants regardless |
|
of whether the petition is returned to the county clerk or the |
|
election is ordered. |
|
(d) The county clerk may not issue a petition to the |
|
applicants unless a deposit required by this chapter is made. |
|
(e) A person who violates Subsection (d) commits an offense. |
|
An offense under this subsection is a misdemeanor punishable by: |
|
(1) a fine of not less than $200 nor more than $500; |
|
(2) confinement in the county jail for not more than 30 |
|
days; or |
|
(3) both the fine and confinement. |
|
Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a) |
|
This section applies only to an election to legalize or prohibit the |
|
operation of eight-liners in a municipality that is located in more |
|
than one county. |
|
(b) An election to which this section applies shall be |
|
conducted by the municipality instead of the counties. For the |
|
purposes of an election conducted under this section, a reference |
|
in this chapter to: |
|
(1) the county is considered to refer to the |
|
municipality; |
|
(2) the commissioners court is considered to refer to |
|
the governing body of the municipality; |
|
(3) the county clerk or voter registrar is considered |
|
to refer to the secretary of the municipality or, if the |
|
municipality does not have a secretary, to the person performing |
|
the functions of a secretary of the municipality; and |
|
(4) the county judge is considered to refer to the |
|
mayor of the municipality or, if the municipality does not have a |
|
mayor, to the presiding officer of the governing body of the |
|
municipality. |
|
(c) The municipality shall pay the expense of the election. |
|
(d) An action to contest the election under Section 502.155 |
|
may be brought in the district court of any county in which the |
|
municipality is located. |
|
[Sections 502.107-502.150 reserved for expansion] |
|
SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION |
|
Sec. 502.151. DECLARATION OF RESULT. (a) On completing the |
|
canvass of the election returns, the commissioners court shall make |
|
an order declaring the result and cause the clerk of the |
|
commissioners court to record the order as provided by law. |
|
(b) In a legalization election, if a majority of the votes |
|
cast favor the issue "the legal operation of eight-liners" in the |
|
political subdivision, the operation of eight-liners within the |
|
boundaries of the political subdivision is legal on the entering of |
|
the court's order. The legalization remains in effect until |
|
changed by a subsequent local option election held under this code. |
|
(c) In a prohibitory election, if a majority of the votes |
|
cast do not favor the issue "the legal operation of eight-liners" in |
|
the political subdivision, the court's order must state that the |
|
operation of eight-liners within the boundaries of the political |
|
subdivision is prohibited effective on the 30th day after the date |
|
the order is entered. The prohibition remains in effect until |
|
changed by a subsequent local option election held under this |
|
chapter. |
|
(d) The local option status of a political subdivision does |
|
not change as a result of the election if: |
|
(1) in an election described by Subsection (c), less |
|
than a majority of the votes cast do not favor the issue; and |
|
(2) in an election described by Subsection (b), less |
|
than a majority of the votes cast favor the issue. |
|
Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the |
|
commissioners court declaring the result of the election is prima |
|
facie evidence that all provisions of law have been complied with in |
|
giving notice of and holding the election, counting and returning |
|
the votes, and declaring the result of the election. |
|
Sec. 502.153. CERTIFICATION OF RESULT. Not later than the |
|
third day after the date the result of a local option election has |
|
been declared, the county clerk shall certify the result to the |
|
secretary of state. The clerk may not charge a fee for this |
|
service. |
|
Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A |
|
commissioners court order declaring the result of a local option |
|
election and prohibiting the operation of eight-liners within the |
|
boundaries of a political subdivision must be published by posting |
|
the order at three public places in the county or other political |
|
subdivision in which the election was held. |
|
(b) The posting of the order shall be recorded in the |
|
minutes of the commissioners court by the county judge. The entry |
|
in the minutes or a copy certified under the hand and seal of the |
|
county clerk is prima facie evidence of the posting. |
|
Sec. 502.155. ELECTION CONTEST. (a) The enforcement of |
|
local option laws in the political subdivision in which an election |
|
is being contested is not suspended during an election contest. |
|
(b) The result of an election contest finally settles all |
|
questions relating to the validity of that election. A person may |
|
not call the legality of that election into question again in any |
|
other suit or proceeding. |
|
(c) If an election contest is not timely instituted, it is |
|
conclusively presumed that the election is valid and binding in all |
|
respects on all courts. |
|
[Sections 502.156-502.200 reserved for expansion] |
|
SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS |
|
Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a |
|
criminal prosecution, all trial courts of this state shall take |
|
judicial notice of whether the operation of eight-liners is legal |
|
or prohibited in an area. |
|
(b) In an information, complaint, or indictment, an |
|
allegation that the operation of eight-liners is prohibited in an |
|
area is sufficient, but a different status of the area may be urged |
|
and proved as a defense. |
|
Sec. 502.202. CHANGE OF STATUS. Except as provided in |
|
Section 502.203, an authorized voting unit that has exercised or |
|
may exercise the right of local option retains the status adopted |
|
until that status is changed by a subsequent local option election |
|
in the same authorized voting unit. |
|
Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS. |
|
To ensure that each voter has the maximum possible control over the |
|
status of the operation of eight-liners in the area where the voter |
|
resides: |
|
(1) the status that resulted from or is the result of a |
|
duly called election for a municipality prevails against the status |
|
that resulted from or is the result of an election in a justice |
|
precinct or county in which the municipality or any part of the |
|
municipality is contained; and |
|
(2) the status that resulted from or is the result of |
|
an election for a justice precinct prevails against the status that |
|
resulted from or is the result of an election in a municipality in |
|
which the justice precinct is wholly contained or in a county in |
|
which the justice precinct is located. |
|
Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a |
|
local option status is in effect as the result of the vote in a |
|
justice precinct, the status shall remain in effect until the |
|
status is changed as the result of a vote in the same territory that |
|
constituted the precinct when the status was established. If the |
|
boundaries of the justice precinct have changed since the status |
|
was established, the commissioners court shall, for purposes of a |
|
local option election, define the boundaries of the original |
|
precinct. A local option election may be held within the territory |
|
defined by the commissioners court as constituting the original |
|
precinct. |
|
(b) Nothing in this section is intended to affect the |
|
operation of Section 502.203. |
|
(c) Section 502.104, relating to the payment of local option |
|
election expenses, applies to elections held in a territory that is |
|
defined in accordance with Subsection (a). |
|
SECTION 2. Section 2153.002, Occupations Code, is amended |
|
by amending Subdivision (1) and adding Subdivision (2-a) to read as |
|
follows: |
|
(1) "Coin-operated machine" means any kind of machine |
|
or device operated by or with a coin or other United States |
|
currency, metal slug, token, electronic card, or check, including a |
|
music or skill or pleasure coin-operated machine. The term does not |
|
include an eight-liner. |
|
(2-a) "Eight-liner" has the meaning assigned by |
|
Section 47.01, Penal Code. |
|
SECTION 3. Chapter 2153, Occupations Code, is amended by |
|
adding Subchapter K to read as follows: |
|
SUBCHAPTER K. FEE ON EIGHT-LINERS |
|
Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on |
|
each eight-liner that an owner exhibits or displays, or permits to |
|
be exhibited or displayed in this state. |
|
(b) The amount of the fee is $250 per year. |
|
Sec. 2153.502. EXEMPTION. The fee imposed under this |
|
subchapter does not apply to an owner of an eight-liner if the owner |
|
possesses the eight-liner for resale only. |
|
Sec. 2153.503. PRORATED FEE. The fee on an eight-liner |
|
first exhibited or displayed in this state after March 31 is |
|
one-fourth of the amount imposed under Section 2153.501 for each |
|
quarter or partial quarter of the calendar year remaining after the |
|
date the owner first exhibits or displays the eight-liner. |
|
Sec. 2153.504. COLLECTION. (a) The comptroller shall |
|
collect the fee. |
|
(b) In collecting the fee, the comptroller may: |
|
(1) collect the fee on a quarterly basis; |
|
(2) establish procedures for quarterly collection of |
|
the fee; and |
|
(3) establish dates on which the fee payment is due. |
|
(c) An owner required to pay a fee under this section shall |
|
pay the fee to the comptroller by cashier's check or money order. |
|
Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller |
|
shall deposit 30 percent of each fee collected under this |
|
subchapter to the credit of the general revenue fund. |
|
(b) For an eight-liner located in a municipality, the |
|
comptroller shall remit 70 percent of the fee collected under this |
|
subchapter to the municipality in which the eight-liner is located. |
|
(c) For an eight-liner located outside a municipality, the |
|
comptroller shall remit 70 percent of the fee collected under this |
|
subchapter to the county in which the eight-liner is located. |
|
(d) The comptroller shall remit fee revenue to a |
|
municipality or county under this section as soon as feasible after |
|
collecting the fee. |
|
Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller |
|
may not refund or assign credit for the fee imposed under this |
|
subchapter to an owner who ceases to exhibit or display an |
|
eight-liner before the end of the calendar year for which the fee is |
|
imposed. |
|
Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue |
|
a fee permit to an owner who pays the fee. |
|
(b) The comptroller may issue a duplicate fee permit to an |
|
owner if the owner's fee permit is lost, stolen, or destroyed. The |
|
fee for a duplicate permit is $5. |
|
(c) A fee permit shall be securely attached to the |
|
eight-liner for which the permit is issued in a manner that requires |
|
the continued application of steam and water to remove the permit. |
|
Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title |
|
2, Tax Code, applies to the administration, collection, and |
|
enforcement of taxes, penalties, and interest under this |
|
subchapter. |
|
SECTION 4. Section 47.01, Penal Code, is amended by adding |
|
Subdivision (5-a) to read as follows: |
|
(5-a) "Eight-liner" means an electronic device |
|
capable of simulating the play of a traditional mechanical slot |
|
machine or one-armed bandit, regardless of the number of lines of |
|
play, that for the payment of consideration affords a player of the |
|
device an opportunity to win a prize based solely or partially on |
|
chance, if the prize from a single play of the game consists of: |
|
(A) cash in an amount of $500 or less; or |
|
(B) noncash merchandise, or a representation of |
|
value redeemable for noncash merchandise, that has a wholesale |
|
value of $500 or less. |
|
SECTION 5. 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) was permitted under the Texas Racing Act (Article |
|
179e, Vernon's Texas Civil Statutes); [or] |
|
(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; |
|
or |
|
(6) consisted entirely of operating an eight-liner in |
|
an area in which the operation of eight-liners has been legalized by |
|
a local option election under Chapter 502, Election Code. |
|
SECTION 6. 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; or |
|
(4) consisted entirely of operating an eight-liner in |
|
an area in which the operation of eight-liners has been legalized by |
|
a local option election under Chapter 502, Election Code. |
|
SECTION 7. (a) The changes in law made by this Act to |
|
Sections 47.02(c) and 47.09(a), Penal Code, apply only to an |
|
offense committed on or after the effective date of this Act. For |
|
purposes of this section, an offense is committed before the |
|
effective date of this Act if any portion of the offense occurs |
|
before that date. |
|
(b) An offense committed before the effective date of this |
|
Act is covered by the law in effect when the offense was committed, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 8. (a) This Act takes effect only if the |
|
constitutional amendment proposed by the 81st Legislature, Regular |
|
Session, 2009, authorizing local option elections to legalize or |
|
prohibit the operation of eight-liners, takes effect. If that |
|
amendment is not approved by the voters, this Act has no effect. |
|
(b) Except as provided by Subsection (a) of this section: |
|
(1) Sections 1, 2, and 5-7 of this Act take effect on |
|
the date on which the constitutional amendment described by |
|
Subsection (a) of this section takes effect; and |
|
(2) Section 3 of this Act takes effect January 1, 2010. |