LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
April 18, 2011

TO:
Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3583 by Harless (Relating to the authority of local law enforcement authorities to enforce certain laws regulating coin-operated machines; providing criminal penalties.), As Introduced

The bill would amend the Occupations Code as it relates to certain laws regulating coin-operated machines. 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, failure to prominently display the required certificate of occupancy or compliance for a premise involving a coin-operated machine would be an offense punishable as a Class B Misdemeanor, a Class A Misdemeanor for one or two previous convictions, or a state jail felony for three or more previous convictions. The failure to display a certificate of occupancy or compliance in relation to a coin-operated machine premise is not currently punishable at the State level. The bill would also make the denial or hindrance of entrance of certain authorized persons to a licensed premise involving a coin-operated machine, an offense punishable as a Class A Misdemeanor. The bill would also include a peace officer in general violations provisions involving the regulation of coin-operated machines. Under current statute, a general violation involving the regulation of coin-operated machines is a Class C Misdemeanor; other violations of the laws regulating coin-operated machines including, but not limited to, operating without a license or registration are currently punishable at various levels, misdemeanor and felony.
 
A Class C Misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition; no confinement). 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).
 
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 the case of this bill, the impact on correctional populations would depend on how many persons would be prosecuted under the proposed statute compared to existing statute. In fiscal year 2010, less than 5 individuals were arrested, admitted to prison, or place on community supervision for a criminal offense involving a violation of the laws regulating coin-operated machines. For this analysis, 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, ADM