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SECTION 1. Chapter 234,
Local Government Code, is amended by adding Subchapter E to read as
follows:
SUBCHAPTER E. GAME ROOMS
Sec. 234.131.
DEFINITIONS. In this subchapter:
(1) "Amusement
redemption machine" means a recreational
machine that provides a user of the machine with an opportunity to receive
something of value, other than a right of replay on the machine, based
solely or partially on chance and that accumulates credits or the
equivalent of credits when the machine:
(A) displays a winning configuration of like symbols randomly
selected by the machine;
(B) matches a winning combination of symbols or numbers to symbols
or numbers randomly selected by the machine;
(C) displays a winning combination of cards that is valued in a
traditional hierarchy for a poker card game; or
(D) displays a winning combination of cards and points assigned in a
traditional blackjack card game.
(2) "Game room"
means a for-profit business located in a building or place that contains five or more amusement redemption machines.
(3) "Game room
owner" means a person who:
(A) has an ownership
interest in, or receives the profits from, a game room or an amusement
redemption machine located in a game room;
(B) is a partner,
director, or officer of a business, company, or corporation that has an
ownership interest in a game room or an amusement redemption machine
located in a game room;
(C) is a shareholder that
holds more than 50 percent of the
outstanding shares of a business, company, or corporation that has an
ownership interest in a game room or an amusement redemption machine
located in a game room;
(D) has been issued by
the county clerk an assumed name certificate for a business that owns a game
room or an amusement redemption machine located in a game room;
(E) signs a lease for a
game room;
(F) opens an account for
utilities for a game room;
(G) receives a
certificate of occupancy or certificate of compliance for a game room;
(H) pays for advertising
for a game room; or
(I) signs an alarm permit
for a game room.
(4) "Operator"
means an individual who:
(A) operates a cash
register, cash drawer, or other depository on the premises of a game room
or of a business where the money earned or the records of credit card
transactions or other credit transactions generated in any manner by the
operation of a game room or activities conducted in a game room are kept;
(B) displays, delivers,
or provides to, or takes orders from, a customer of a game room for
merchandise, goods, entertainment, or other services offered on the
premises of a game room;
(C) acts as a door
attendant to regulate entry of customers or other persons into a game room;
or
(D) supervises or manages
other persons at a game room in the performance of an activity listed in
this subdivision.
Sec. 234.132.
APPLICABILITY. This subchapter applies only to a county with a population
of four million or more.
Sec. 234.133. AUTHORITY
TO REGULATE. To promote the public health, safety, and welfare, the
commissioners court of a county may regulate the operation of game rooms
and may:
(1) restrict the location
of game rooms to specified areas of the county, including the
unincorporated area of the county;
(2) prohibit the location
of a game room within the distance prescribed by the commissioners court of
a school, regular place of religious worship, residential neighborhood, or other specified land use the commissioners court
finds inconsistent with the operation of a game room; or
(3) restrict the number
of game rooms that may operate in a specified area of the county.
Sec. 234.134. LICENSES OR
PERMITS. (a) A county may require that an owner or operator of a game
room obtain a license or permit or renew a license or permit on a periodic
basis to operate a game room in the county. An application for a license
or permit must be made in accordance with regulations adopted by the
county.
(b) Regulations adopted
under this section may provide for the denial, suspension, or revocation of
a license or permit.
(c) A district court has
jurisdiction of a suit that arises from the denial, suspension, or
revocation of a license or other permit by a county.
Sec. 234.135. FEES. A
county may impose a fee on an applicant for a license or permit or for the
renewal of the license or permit required under this subchapter. The fee
must be based on the cost of processing the application and investigating
the applicant.
Sec. 234.136.
INSPECTION.
A county may inspect any
business that contains one or more amusement
redemption machines to determine whether the business is in
compliance with this subchapter or regulations adopted under this
subchapter.
Sec. 234.137. INJUNCTION;
CIVIL PENALTY. (a) A county may sue in district court for an injunction
to prohibit the violation or threatened violation of a regulation adopted
under Section 234.133.
(b) A person who violates
a regulation adopted under Section 234.133 is liable to the county for a
civil penalty of not more than $10,000 for each violation. Each day a
violation continues is considered a separate violation for purposes of
assessing the civil penalty under this subsection. A county may bring suit
in district court to recover a civil penalty authorized by this subsection.
(c) The county is
entitled to recover reasonable expenses incurred in obtaining injunctive
relief, civil penalties, or both, under this section, including reasonable
attorney's fees, court costs, and investigatory costs.
Sec. 234.138. CRIMINAL
PENALTY. (a) A person commits an offense if the person intentionally or
knowingly operates a game room in violation of a regulation adopted under
Section 234.133.
(b) An offense under this
section is a Class A misdemeanor.
Sec. 234.139. CUMULATIVE
EFFECT. Authority under this subchapter is cumulative of other authority
that a county has to regulate game rooms and does not limit that authority.
Sec. 234.140. EFFECT ON
OTHER LAWS. (a) This subchapter does not legalize any activity prohibited
under the Penal Code or other state law.
(b) A person who is
subject to prosecution under Section 234.138 and any other law may be
prosecuted under either or both laws.
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SECTION 1. Chapter 234,
Local Government Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. GAME ROOMS
Sec. 234.131.
DEFINITIONS. In this subchapter:
(1) "Amusement
redemption machine" means any
electronic, electromechanical, or mechanical contrivance designed, made,
and adopted for bona fide amusement purposes that rewards the player
exclusively with noncash merchandise, prizes, toys, or novelties, or a
representation of value redeemable for those items, that have a wholesale
value available from a single play of the game or device of not more than
10 times the amount charged to play the game or device once or $5,
whichever amount is less.
(2) "Gambling device" means any electronic,
electromechanical, or mechanical contrivance, other than an amusement
redemption machine, that for a consideration affords the player an
opportunity to obtain anything of value, the award of which is determined
solely or partially by chance even though accompanied by some skill,
whether or not the prize is automatically paid by the contrivance, and
includes gambling device versions of bingo, keno, blackjack lottery,
roulette, video poker, or similar electronic, electromechanical, or
mechanical games, or facsimiles thereof, that operate by chance or
partially so, that as a result of the play or operation of the game award
credits or free games, and that record the number of free games or credits
so awarded and the cancellation or removal of the free games or credits.
(3) "Game room"
means a for-profit business located in a building or place that contains a gambling device or six or more amusement redemption
machines.
(4) "Game room
owner" means a person who:
(A) has an ownership
interest in, or receives the profits from, a game room or a gambling device or an amusement
redemption machine located in a game room;
(B) is a partner,
director, or officer of a business, company, or corporation that has an
ownership interest in a game room or in a
gambling device or an amusement redemption machine located in a game
room;
(C) is a shareholder that
holds more than 10 percent of the
outstanding shares of a business, company, or corporation that has an
ownership interest in a game room or in a
gambling device or an amusement redemption machine located in a game
room;
(D) has been issued by
the county clerk an assumed name certificate for a business that owns a game
room or a gambling device or an
amusement redemption machine located in a game room;
(E) signs a lease for a
game room;
(F) opens an account for
utilities for a game room;
(G) receives a
certificate of occupancy or certificate of compliance for a game room;
(H) pays for advertising
for a game room; or
(I) signs an alarm permit
for a game room.
(5) "Operator"
means an individual who:
(A) operates a cash
register, cash drawer, or other depository on the premises of a game room
or of a business where the money earned or the records of credit card
transactions or other credit transactions generated in any manner by the
operation of a game room or activities conducted in a game room are kept;
(B) displays, delivers,
or provides to, or takes orders from, a customer of a game room for
merchandise, goods, entertainment, or other services offered on the
premises of a game room;
(C) acts as a door
attendant to regulate entry of customers or other persons into a game room;
or
(D) supervises or manages
other persons at a game room in the performance of an activity listed in
this subdivision.
Sec. 234.132.
APPLICABILITY. This subchapter applies only to a county:
(1) with a population of
four million or more; or
(2) with a population of less than 25,000 that is adjacent to the
Gulf of Mexico and is within 50 miles of an international border.
Sec. 234.133. AUTHORITY
TO REGULATE. To promote the public health, safety, and welfare, the
commissioners court of a county may regulate the operation of game rooms and
may:
(1) restrict the location
of game rooms to specified areas of the county, including the
unincorporated area of the county;
(2) prohibit the location
of a game room within the distance prescribed by the commissioners court of
a school, regular place of religious worship, or residential neighborhood;
or
(3) restrict the number
of game rooms that may operate in a specified area of the county.
Sec. 234.134. LICENSES OR
PERMITS. (a) A county may require that an owner or operator of a game
room obtain a license or permit or renew a license or permit on a periodic
basis to operate a game room in the county. An application for a license
or permit must be made in accordance with regulations adopted by the
county.
(b) Regulations adopted
under this section may provide for the denial, suspension, or revocation of
a license or permit.
(c) A district court has
jurisdiction of a suit that arises from the denial, suspension, or
revocation of a license or other permit by a county.
Sec. 234.135. FEES. A county
may impose a fee not to exceed $1,000
on an applicant for a license or permit or for the renewal of the license
or permit required under this subchapter. The fee must be based on the cost
of processing the application and investigating the applicant.
Sec. 234.136.
INSPECTION. (a) A peace officer or county
employee may inspect a business in the county to determine how many
gambling devices or amusement redemption machines that are subject to
regulation under this subchapter are located on the premises of the
business.
(b) A peace officer or county employee may inspect any
business in which one or more gambling
devices or six or more amusement redemption machines are located to
determine whether the business is in compliance with this subchapter or regulations
adopted under this subchapter.
(c) A person violates this subchapter if one or more gambling
devices or six or more amusement redemption machines are located on the
premises of the business and the person fails to allow a peace officer or
county employee to conduct an inspection under this section.
Sec. 234.137. INJUNCTION;
CIVIL PENALTY. (a) A county may sue in district court for an injunction
to prohibit the violation or threatened violation of this subchapter or a regulation adopted under Section
234.133.
(b) A person who violates
this subchapter or a regulation
adopted under Section 234.133 is liable to the county for a civil penalty
of not more than $10,000 for each violation. Each day a violation
continues is considered a separate violation for purposes of assessing the
civil penalty under this subsection. A county may bring suit in district
court to recover a civil penalty authorized by this subsection.
(c) The county is
entitled to recover reasonable expenses incurred in obtaining injunctive
relief, civil penalties, or both, under this section, including reasonable
attorney's fees, court costs, and investigatory costs.
Sec. 234.138. CRIMINAL
PENALTY. (a) A person commits an offense if the person intentionally or
knowingly operates a game room in violation of a regulation adopted under
Section 234.133.
(b) An offense under this
section is a Class A misdemeanor.
Sec. 234.139. CUMULATIVE
EFFECT. Authority under this subchapter is cumulative of other authority
that a county has to regulate game rooms and does not limit that authority.
Sec. 234.140. EFFECT ON
OTHER LAWS. (a) This subchapter does not legalize any activity prohibited
under the Penal Code or other state law.
(b) A person's compliance with this subchapter, including operating
a game room under a license or permit issued under this chapter, is not a
defense to prosecution for an offense under Chapter 47, Penal Code.
(c) A person who is
subject to prosecution under Section 234.138 and any other law may be
prosecuted under either or both laws.
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