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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of local law enforcement authorities to |
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enforce certain laws regulating coin-operated machines; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2153.102, Occupations Code, is amended |
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to read as follows: |
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Sec. 2153.102. INFORMATION MADE AVAILABLE TO COMPTROLLER, |
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ATTORNEY GENERAL, OR PEACE OFFICER. Except for information |
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specifically designated as a public record, information derived |
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from a book, record, report, or application required to be made |
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available under this chapter to the comptroller, [or] the attorney |
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general, or a peace officer: |
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(1) is confidential; and |
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(2) may be used only to enforce this chapter. |
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SECTION 2. Subchapter D, Chapter 2153, Occupations Code, is |
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amended by adding Section 2153.1595 to read as follows: |
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Sec. 2153.1595. DISPLAY OF CERTIFICATE OF OCCUPANCY OR |
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COMPLIANCE. (a) An owner or operator who is required to hold a |
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license or registration certificate under Section 2153.151 must |
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prominently display any certificate of occupancy or certificate of |
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compliance issued by a political subdivision of this state for the |
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premises where the music or skill or pleasure coin-operated machine |
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is exhibited or displayed. |
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(b) A person who fails to prominently display the |
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certificate of occupancy or certificate of compliance as required |
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under Subsection (a) commits an offense. An offense under this |
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subsection is a Class B misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the person has been |
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previously convicted one or two times of an offense under this |
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section; or |
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(2) a state jail felony if the person has been |
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previously convicted three or more times of an offense under this |
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section. |
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SECTION 3. Section 2153.351, Occupations Code, is amended |
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to read as follows: |
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Sec. 2153.351. CONSENT TO ENTRY. (a) Acceptance of a |
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license or registration certificate constitutes consent that the |
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comptroller or a peace officer may freely enter the licensed |
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business premises of the license or registration certificate holder |
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[during normal business hours] to ensure compliance with this |
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chapter: |
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(1) during normal business hours; and |
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(2) at any other time a music or skill or pleasure |
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coin-operated machine exhibited or displayed at the licensed |
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business premises is available for use. |
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(b) A person commits an offense if the person knowingly or |
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intentionally denies or hinders entry to a person authorized to |
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enter the business premises under this section. |
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(c) An offense under Subsection (b) is a Class A |
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misdemeanor. |
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SECTION 4. Section 2153.352(a), Occupations Code, is |
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amended to read as follows: |
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(a) The comptroller, [or] an authorized representative of |
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the comptroller, or a peace officer may seal a coin-operated |
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machine in a manner that prevents the full operation of the machine |
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if: |
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(1) the license or registration certificate of the |
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person exhibiting or displaying the machine is suspended or |
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revoked; |
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(2) the owner fails to pay a tax on the machine; or |
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(3) the machine is not registered with the comptroller |
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under this chapter. |
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SECTION 5. Section 2153.355(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) exhibits or displays a coin-operated machine in |
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this state for which outstanding tax is due; |
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(2) falsifies, fails to maintain, or refuses or fails |
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to make available to the comptroller, [or] an authorized |
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representative of the comptroller, or a peace officer, on request, |
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records of coin-operated machines that the person is required to |
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maintain; |
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(3) uses an artful device or deceptive practice in |
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this state to conceal a violation of this chapter; |
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(4) misleads the comptroller, [or] an authorized |
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representative of the comptroller, or a peace officer in connection |
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with the enforcement of this chapter; |
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(5) breaks a seal attached by the comptroller, [or] an |
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authorized representative of the comptroller, or a peace officer |
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under Section 2153.352 without the comptroller's approval; |
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(6) exhibits or displays a coin-operated machine that |
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has a broken seal without the comptroller's approval; |
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(7) removes a coin-operated machine from the location |
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where the comptroller or a peace officer affixed a seal to the |
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machine; or |
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(8) violates this chapter or a rule adopted under this |
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chapter. |
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SECTION 6. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 7. This Act takes effect September 1, 2011. |