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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of a civil penalty against owners and |
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operators of coin-operated machines who commit certain gambling |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2153.354, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) The comptroller may assess a penalty of not less than |
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$50 or more than $2,000 against: |
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(1) an owner who permits a coin-operated machine under |
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the owner's control to be operated, exhibited, or displayed in this |
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state without a tax permit as required by Section 2153.406; [or] |
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(2) a person who: |
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(A) exhibits or displays a coin-operated machine |
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in this state without a tax permit as required by Section 2153.406; |
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(B) exhibits or displays a coin-operated machine |
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that is not registered; |
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(C) does not maintain the records required under |
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this chapter; |
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(D) refuses or fails to make records available |
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for inspection on request by the comptroller or an authorized |
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representative of the comptroller; |
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(E) uses an artful device or deceptive practice |
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to conceal a violation of this chapter; |
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(F) misleads the comptroller or an authorized |
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representative of the comptroller in connection with the |
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enforcement of this chapter; or |
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(G) violates this chapter or a rule adopted under |
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this chapter; or |
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(3) an owner or operator who is convicted of an offense |
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under Section 47.04 or 47.06, Penal Code, related to owning or |
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operating a coin-operated machine. |
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(e) In a suit filed under Subsection (c), the comptroller or |
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attorney general may recover the reasonable expenses incurred in |
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obtaining the penalty, including investigation and court costs, |
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reasonable attorney's fees, witness fees, and other expenses. |
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SECTION 2. Subchapter J, Chapter 2153, Occupations Code, is |
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amended by adding Section 2153.454 to read as follows: |
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Sec. 2153.454. CIVIL PENALTY. (a) A county or municipality |
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may assess a civil penalty against an owner or operator who is |
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convicted of an offense under Section 47.04 or 47.06, Penal Code, |
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related to owning or operating a coin-operated machine. |
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(b) The county or municipality may assess a penalty under |
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this section for each day a violation occurs. |
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(c) The amount of the civil penalty assessed under |
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Subsection (a) shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(d) The municipal or county attorney may sue to collect a |
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civil penalty under this section. In the suit, the attorney may |
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recover, on behalf of the municipality or county, the reasonable |
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expenses incurred in obtaining the penalty, including |
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investigation and court costs, reasonable attorney's fees, witness |
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fees, and other expenses. |
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(e) A person may request a hearing in accordance with the |
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applicable municipal or county hearing procedures if a civil |
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penalty is assessed against the person under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |