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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of certain online poker facilities under |
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federal law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 13, Occupations Code, is |
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amended by adding Chapter 2004 to read as follows: |
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CHAPTER 2004. INTERNET GAMING |
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Sec. 2004.001. PUBLIC POLICY. The legislature finds and |
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declares it to be the public policy of this state that: |
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(1) online poker is a game predominated by skill; |
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(2) unregulated Internet gambling conducted by |
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unlicensed operators is inimical to public health, safety, and |
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welfare and good order; |
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(3) the development of regulated online poker in this |
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state through a licensing program created under federal law will |
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benefit the general welfare of the people of this state by ensuring |
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that online poker play and operations are: |
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(A) conducted honestly and competitively; and |
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(B) free from criminal and other corruptive |
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elements; |
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(4) the conduct of regulated online poker by licensed |
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operators will not harm the people of this state; and |
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(5) public confidence and trust can be maintained only |
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by nationally uniform and robust regulation of all persons, |
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locations, practices, and activities related to the conduct of |
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online poker. |
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Sec. 2004.002. DEFINITIONS. In this chapter: |
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(1) "Bet" has the meaning assigned by Section 47a, |
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Article III, Texas Constitution. |
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(2) "Internet gambling facility" has the meaning |
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assigned by Section 47a, Article III, Texas Constitution. |
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(3) "Licensed online poker facility" has the meaning |
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assigned by Section 47a, Article III, Texas Constitution. |
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(4) "Online poker" has the meaning assigned by Section |
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47a, Article III, Texas Constitution. |
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(5) "Online poker facility" has the meaning assigned |
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by Section 47a, Article III, Texas Constitution. |
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(6) "Operate" or "operation" means to carry on, |
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maintain, or expose for play. |
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Sec. 2004.003. APPLICABILITY. This chapter does not apply |
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to the conduct of bingo, charitable raffles, the state lottery, or |
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video poker. |
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Sec. 2004.004. REGULATION OF ONLINE POKER UNDER FEDERAL |
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LAW. If a federal law described by Section 47a, Article III, Texas |
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Constitution, is enacted and requires a state agency to implement |
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the federal law, the Texas Lottery Commission shall promptly adopt |
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all rules and procedures necessary to implement the federal law. |
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The commission shall notify the governor of the date on which all |
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rules and procedures are adopted. |
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SECTION 2. Section 47.02(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor reasonably believed that the conduct: |
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(1) was permitted under Chapter 2001, Occupations |
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Code; |
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(2) was permitted under Chapter 2002, Occupations |
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Code; |
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(3) consisted entirely of participation in the state |
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lottery authorized by the State Lottery Act (Chapter 466, |
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Government Code); |
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(4) was permitted under the Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes); [or] |
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(5) consisted entirely of participation in a drawing |
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for the opportunity to participate in a hunting, fishing, or other |
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recreational event conducted by the Parks and Wildlife Department; |
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or |
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(6) was permitted under Chapter 2004, Occupations |
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Code. |
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SECTION 3. Section 47.06(f), Penal Code, is amended to read |
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as follows: |
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(f) It is a defense to prosecution under Subsection (a) or |
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(c) that the person owned, manufactured, transferred, or possessed |
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the gambling device, equipment, or paraphernalia for the sole |
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purpose of shipping it: |
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(1) to the premises of a licensed online poker |
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facility under Chapter 2004, Occupations Code, at which online |
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poker may be operated under the license; or |
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(2) to another jurisdiction where the possession or |
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use of the device, equipment, or paraphernalia was legal. |
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SECTION 4. Section 47.09(a), Penal Code, is amended to read |
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as follows: |
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(a) It is a defense to prosecution under this chapter that |
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the conduct: |
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(1) was authorized under: |
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(A) Chapter 2001, Occupations Code; |
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(B) Chapter 2002, Occupations Code; [or] |
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(C) the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes); or |
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(D) Chapter 2004, Occupations Code; |
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(2) consisted entirely of participation in the state |
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lottery authorized by Chapter 466, Government Code; or |
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(3) was a necessary incident to the operation of the |
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state lottery and was directly or indirectly authorized by: |
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(A) Chapter 466, Government Code; |
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(B) the lottery division of the Texas Lottery |
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Commission; |
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(C) the Texas Lottery Commission; or |
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(D) the director of the lottery division of the |
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Texas Lottery Commission. |
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SECTION 5. Section 411.108, Government Code, is amended by |
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adding Subsection (a-2) and amending Subsection (b) to read as |
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follows: |
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(a-2) The Texas Lottery Commission is entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to a person for whom the commission |
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may request criminal history record information under Chapter 2004, |
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Occupations Code. |
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(b) Criminal history record information obtained by the |
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commission under Subsection (a), [or] (a-1), or (a-2) may not be |
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released or disclosed to any person except on court order or as |
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provided by Subsection (c). |
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SECTION 6. Section 467.035(a), Government Code, is amended |
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to read as follows: |
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(a) The commission may not employ or continue to employ a |
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person who owns a financial interest in: |
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(1) a bingo commercial lessor, bingo distributor, or |
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bingo manufacturer; [or] |
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(2) a lottery sales agency or a lottery operator; or |
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(3) a licensed online poker facility under Chapter |
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2004, Occupations Code. |
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SECTION 7. (a) The change in law made by this Act to |
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Sections 47.02, 47.06, and 47.09, Penal Code, applies only to an |
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offense committed on or after the date on which the Texas Lottery |
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Commission, as required by Section 2004.004, Occupations Code, as |
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added by this Act, notifies the governor that the commission has |
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adopted rules and procedures to implement federal law. An offense |
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committed before that date is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. |
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(b) For purposes of this section, an offense was committed |
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before the date specified in Subsection (a) of this section if any |
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element of the offense occurred before that date. |
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SECTION 8. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 83rd Legislature, Regular |
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Session, 2013, to authorize online poker gaming regulated under |
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federal law takes effect. If that amendment is not approved by the |
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voters, this Act has no effect. |