By: Raymond, Miller of Fort Bend H.B. No. 137

A BILL TO BE ENTITLED

AN ACT

relating to the information reported to the comptroller by a coin-operated machine license holder, the penalty for failure to report that information, the penalty for gambling promotion, and the prosecution of certain gambling offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2153.202, Occupations Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A license holder shall maintain a record of and report to the comptroller information relating to each music or skill or pleasure coin-operated machine owned, possessed, or controlled by the license holder, including:

(1) the make, type, and serial number of each machine;

(2) the date each machine is placed in operation;

(3) the dates of the first and most recent registration of each machine;

(4) the specific location of each machine; [and]

(5) the name and address of the owner of the machine;

(6) except as provided by Subsection (a-1), the name and address of any person other than the owner who has a financial interest in the proceeds of the machine; and

(7) any change in machine ownership.

(a-1) A corporate license holder is not required to maintain a record of or report the name and address of a shareholder who holds less than 10 percent of the shares in the license holder's corporation.

SECTION 2. Section 2153.358(b), Occupations Code, is amended to read as follows:

(b) An offense under this section is a Class A [B] misdemeanor.

SECTION 3. Section 47.03(b), Penal Code, is amended to read as follows:

(b) An offense under this section is a state jail felony [Class A misdemeanor].

SECTION 4. Chapter 47, Penal Code, is amended by adding Section 47.11 to read as follows:

Sec. 47.11. ATTORNEY GENERAL MAY PROSECUTE CERTAIN GAMBLING OFFENSES. The attorney general has concurrent jurisdiction with the local prosecutor to prosecute an offense under this section that involves an electric or electromechanical gambling device not excluded from the definition of gambling device by Section 47.01(4)(B). SECTION 5. Section 71.02(a), Penal Code, as amended by Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following:

(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a felony or as a Class A misdemeanor;

(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

(5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;

(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;

(7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;

(8) any felony offense under Chapter 32;

(9) any offense under Chapter 36;

(10) any offense under Chapter 34, 35, or 35A;

(11) any offense under Section 37.11(a);

(12) any offense under Chapter 20A;

(13) any offense under Section 37.10;

(14) any offense under Section 38.06, 38.07, 38.09, or 38.11;

(15) any offense under Section 42.10;

(16) any offense under Section 46.06(a)(1) or 46.14; [or]

(17) any offense under Section 20.05; or

(18) [(17)] any offense classified as a felony under the Tax Code.

SECTION 6. (a) The change in law made by this Act to Section 2153.202, Occupations Code, applies to a record maintained or reported under that section on or after the effective date of this Act.

(b) The changes in law made by this Act to Section 2153.358, Occupations Code, and Sections 47.03 and 71.02, Penal Code, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 7. This Act takes effect September 1, 2013.