LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
March 28, 2011

TO:
Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2424 by Thompson (Relating to the operation of video gaming by authorized organizations and commercial operators that are licensed to conduct bingo or lease bingo premises; providing penalties.), As Introduced

The provisions of the bill that are the subject of this analysis are the provisions that would deal with felony sanctions. The bill would amend the Occupations Code by creating offenses and penalties related to the establishment of video gaming operations in this state. The bill would create the offense of a manipulation or tampering for video gaming operations, which would be punishable as a felony of the third degree. The bill would make video gaming by an individual younger than 21 years of age punishable as a Class B Misdemeanor, or as a misdemeanor punishable by a fine not to exceed $250. The bill would make the unauthorized operation, use, or possession of video gaming terminals punishable as a felony of the third degree. The bill would make certain other offenses relating to licenses, records, or transactions connected with the video gaming operations punishable as a Class A Misdemeanor; the punishment for some of these other offenses would be enhanced to a state jail felony contingent upon a previous conviction.
 
A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
 
Expanding the list of behaviors for which a penalty is applied for any criminal offense or increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jail, state jail or prison. In fiscal year 2010, 96 people were arrested and 9 people were placed on misdemeanor community supervision for gambling promotion. In fiscal year 2010, 79 people were arrested and 11 people were placed on misdemeanor community supervision for keeping a gambling place. In fiscal year 2010, 80 people were arrested and 18 people were placed on misdemeanor community supervision for possession of a gambling device, equipment or paraphernalia. Although the number of persons who would be prosecuted under the provisions of the bill, and the extent to which punishment would be enhanced under the proposed statute is unknown, it is assumed 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.


Source Agencies:
LBB Staff:
JOB, GG, LM, ADM