Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3576 by Thompson (Relating to the operation of casino gaming in this state by federally recognized Indian tribes on certain land and by licensed operators at horse and greyhound racetracks and licensed locations; providing penalties.), As Introduced
The bill would amend the Occupations Code and the Penal Code as they relate to the operation of casino gaming by federally recognized Indian tribes in Texas. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, intentionally or knowingly manipulating the outcome of a casino game, the amount of a casino game prize, or the operation of a casino gaming device by physical, electronic, or other means, other than in accordance with commission rules would be punishable as a third degree felony. The bill would also make selling or offering to sell a casino game or paying money or issuing a credit slip or other winnings to someone for a play of a casino game to someone younger than 18 years of age punishable as a Class B Misdemeanor. The bill would also make the purchase of a casino game by someone younger than 18 years of age; or accepting money or a credit slip or other payment of winnings for a casino game of play by someone younger than 18 years of age; or falsely representing yourself as 18 years of age or older to purchase or play a casino game punishable as a misdemeanor by a fine not to exceed $250.
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 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 is expected to result in increased demands upon the correctional resources of counties and or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. However, in the case of this bill, 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.