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A BILL TO BE ENTITLED
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AN ACT
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relating to local option elections to legalize or prohibit the |
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operation of eight-liners; imposing fees; creating criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 17, Election Code, is amended by adding |
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Chapter 502 to read as follows: |
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CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 502.001. DEFINITION. In this chapter, "eight-liner" |
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has the meaning assigned by Section 47.01, Penal Code. |
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SUBCHAPTER B. MANNER OF CALLING ELECTION |
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Sec. 502.051. ELECTION TO BE HELD. On proper petition by |
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the required number of voters of a county or of a justice precinct |
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or municipality in the county, the commissioners court of the |
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county shall order a local option election in that political |
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subdivision to determine whether the operation of eight-liners |
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shall be legalized or prohibited in the political subdivision. |
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Sec. 502.052. QUALIFICATION FOR POLITICAL SUBDIVISION TO |
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HOLD ELECTION. A political subdivision may not hold a local option |
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election to legalize or prohibit the operation of eight-liners in |
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the political subdivision unless the political subdivision has been |
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in existence for at least 18 months. |
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Sec. 502.053. APPLICATION FOR PETITION. (a) On written |
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application of 10 or more qualified voters of any county or of a |
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justice precinct or municipality in the county that includes proof |
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of publication of the application in a newspaper of general |
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circulation in that political subdivision not earlier than the 30th |
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day before the date the petition is filed, the county clerk of the |
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county shall issue to the applicants a petition to be circulated |
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among and signed by the qualified voters of the political |
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subdivision requesting that a local option election be called to |
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determine whether the operation of eight-liners shall be legalized |
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or prohibited in the political subdivision. |
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(b) Not later than the fifth day after the date the petition |
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is issued, the county clerk shall notify the secretary of state that |
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the petition has been issued. |
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Sec. 502.054. CONTENTS OF APPLICATION FOR PETITION TO |
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LEGALIZE. (a) An application for a petition requesting an election |
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to legalize the operation of eight-liners must include the heading: |
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"Application for Local Option Election Petition to Legalize the |
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Operation of Eight-Liners." |
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(b) The application must contain the following statement of |
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the issue to be voted on, immediately preceding the signatures of |
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the applicants: "It is the purpose and intent of the applicants |
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whose signatures appear on this application to legalize the |
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operation of eight-liners in (name of political subdivision)." |
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Sec. 502.055. CONTENTS OF APPLICATION FOR PETITION TO |
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PROHIBIT. (a) An application for a petition requesting an election |
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to prohibit the operation of eight-liners must include the heading: |
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"Application for Local Option Election Petition to Prohibit the |
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Operation of Eight-Liners." |
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(b) The application must contain the following statement of |
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the issue to be voted on, immediately preceding the signatures of |
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the applicants: "It is the purpose and intent of the applicants |
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whose signatures appear on this application to prohibit the |
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operation of eight-liners in (name of political subdivision)." |
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Sec. 502.056. PETITION REQUIREMENTS. A petition must |
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include the date the petition is issued by the county clerk and be |
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serially numbered. Each page of the petition must bear the same |
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date and serial number and the actual seal of the county clerk |
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rather than a facsimile of that seal. |
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Sec. 502.057. HEADING AND STATEMENT ON PETITION TO |
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LEGALIZE. (a) Each page of the petition for a local option |
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election to legalize the operation of eight-liners must include the |
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heading: "Petition for Local Option Election to Legalize the |
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Operation of Eight-Liners." |
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(b) The petition must contain the following statement of the |
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issue to be voted on, immediately preceding the signatures of the |
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petitioners: "It is the purpose and intent of the petitioners whose |
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signatures appear on this petition to legalize the operation of |
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eight-liners in (name of political subdivision)." |
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Sec. 502.058. HEADING AND STATEMENT ON PETITION TO |
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PROHIBIT. (a) Each page of the petition for a local option |
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election to prohibit the operation of eight-liners must include the |
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heading: "Petition for Local Option Election to Prohibit the |
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Operation of Eight-Liners." |
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(b) The petition must contain the following statement of the |
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issue to be voted on, immediately preceding the signatures of the |
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petitioners: "It is the purpose and intent of the petitioners whose |
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signatures appear on this petition to prohibit the operation of |
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eight-liners in (name of political subdivision)." |
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Sec. 502.059. OFFENSE: MISREPRESENTATION OF PETITION. (a) |
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A person commits an offense if the person misrepresents the purpose |
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or effect of a petition issued under this chapter. |
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(b) An offense under this section is a Class B misdemeanor. |
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Sec. 502.060. COPIES OF PETITION; RECORDS. (a) The county |
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clerk shall provide the number of copies of the petition required by |
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the applicants provided the number of pages does not exceed one page |
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for every 10 registered voters of the county or of a justice |
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precinct or municipality in the county. Each copy must bear the |
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date, number, and seal on each page as required on the original |
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petition. |
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(b) The county clerk shall keep a copy of each petition and a |
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record of the applicants for the petition. |
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Sec. 502.061. VERIFICATION OF PETITION. (a) Except as |
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otherwise provided by Section 277.003, Election Code, the voter |
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registrar of the county shall check the names of the signers of |
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petitions and the voting precincts in which the signers reside to |
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determine whether the signers were qualified voters of the county |
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or of a justice precinct or municipality in the county at the time |
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the petition was issued. The registrar shall certify to the |
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commissioners court the number of qualified voters signing the |
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petition. |
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(b) A petition signature may not be counted unless: |
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(1) the signature is the actual signature of the |
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purported signer; |
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(2) the petition contains in addition to the |
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signature: |
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(A) the signer's printed name; |
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(B) the signer's date of birth; |
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(C) if the territory from which signatures must |
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be obtained is situated in more than one county, the county of |
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registration; |
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(D) the signer's residence address; and |
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(E) the date of signing; and |
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(3) the petition complies with any other applicable |
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requirements prescribed by law. |
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(c) The use of ditto marks or abbreviations does not |
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invalidate a signature if the required information is reasonably |
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ascertainable. |
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(d) The omission of the state from the signer's residence |
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address does not invalidate a signature unless the political |
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subdivision from which the signature is obtained is situated in |
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more than one state. The omission of the zip code from the address |
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does not invalidate a signature. |
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(e) The signature is the only entry on the petition that is |
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required to be in the signer's handwriting. |
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(f) A signer may withdraw the signer's signature by deleting |
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the signature from the petition or by filing with the voter |
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registrar an affidavit requesting that the signature be withdrawn |
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from the petition. A signer may not withdraw the signature from a |
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petition on or after the date the petition is received by the |
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registrar. A withdrawal affidavit filed by mail is considered to be |
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filed at the time of its receipt by the registrar. The withdrawal |
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of a signature nullifies the signature on the petition and places |
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the signer in the same position as if the signer had not signed the |
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petition. |
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Sec. 502.062. REQUIREMENTS TO ORDER ELECTION. (a) The |
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commissioners court, at its next regular session on or after the |
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30th day after the date the petition is filed, shall order a local |
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option election to be held on the issue set out in a petition that |
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complies with the requirements of Subsection (b). |
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(b) The petition must: |
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(1) be filed with the voter registrar not later than |
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the 60th day after the date the petition is issued; and |
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(2) bear the signatures of a number of qualified |
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voters of the political subdivision equal to at least 35 percent of |
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the registered voters of the subdivision who voted in the most |
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recent gubernatorial election. |
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(c) A voter whose name appears on the list of registered |
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voters with the notation "S," or a similar notation, shall be |
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excluded from the computation of the number of registered voters of |
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a particular territory. |
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Sec. 502.063. RECORD IN MINUTES. The commissioners court |
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shall enter in its minutes the date a petition is presented, the |
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names of the signers, and the action taken with respect to the |
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petition. |
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Sec. 502.064. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a) |
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The election order must state in its heading and text whether the |
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local option election to be held is for the purpose of legalizing or |
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prohibiting the operation of eight-liners as set out in the issue |
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recited in the application and petition. |
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(b) The order must state the issue to be voted on in the |
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election. |
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Sec. 502.065. BALLOT. The ballot in an election to legalize |
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or prohibit the operation of eight-liners shall be prepared to |
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permit voting for or against: "The legal operation of eight-liners |
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in (name of political subdivision)." |
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Sec. 502.066. EVIDENCE OF VALIDITY. The commissioners |
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court election order is prima facie evidence of compliance with all |
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provisions necessary to give the order validity or to give the |
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commissioners court jurisdiction to make the order valid. |
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Sec. 502.067. FREQUENCY OF ELECTIONS. A local option |
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election on a particular issue may not be held in a political |
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subdivision until after the first anniversary of the date of the |
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most recent local option election in that political subdivision on |
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that issue. |
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SUBCHAPTER C. HOLDING OF ELECTION |
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Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as |
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provided by this chapter, the officers holding a local option |
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election shall hold the election in the manner provided by this |
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code. |
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Sec. 502.102. ELECTION PRECINCTS. (a) County election |
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precincts shall be used for a local option election to be held in an |
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entire county or in a justice precinct. |
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(b) Election precincts established by the governing body of |
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the municipality for its municipal elections shall be used for a |
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local option election to be held in a municipality. If the |
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governing body has not established precincts for its municipal |
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elections, the commissioners court shall prescribe the election |
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precincts for the local option election under the law governing |
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establishment of precincts for municipal elections. |
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Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to |
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appear on the ballot for an election ordered by the commissioners |
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court must be the same as the issue applied for and set out in the |
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petition. |
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(b) The ballot must include the language required under |
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Section 502.065. |
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Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The |
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county shall pay the expense of holding a local option election |
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authorized by this chapter in the county or in a justice precinct or |
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municipality in the county except that: |
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(1) if an election is to be held only within the |
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corporate limits of a municipality located wholly within the |
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county, the county may require the municipality to reimburse the |
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county for all or part of the expenses of holding the local option |
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election; |
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(2) county payment of the expense of an election to |
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legalize the operation of eight-liners is limited to the holding of |
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one election in a political subdivision during a one-year period; |
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and |
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(3) county payment of the expense of an election to |
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prohibit the operation of eight-liners is limited to the holding of |
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one election in a political subdivision during a one-year period. |
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Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS; |
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OFFENSE. (a) If a county is not required to pay the expense of a |
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local option election under Section 502.104, the county clerk shall |
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require the applicants for a petition for a local option election to |
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make a deposit before the issuance of the petition. |
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(b) The deposit must be in the form of a cashier's check in |
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an amount equal to 25 cents per voter listed on the current list of |
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registered voters residing in the county or in a justice precinct or |
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municipality in the county where the election is to be held. |
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(c) The money received shall be deposited in the county's |
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general fund. A refund may not be made to the applicants regardless |
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of whether the petition is returned to the county clerk or the |
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election is ordered. |
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(d) The county clerk may not issue a petition to the |
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applicants unless a deposit required by this chapter is made. |
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(e) A person who violates Subsection (d) commits an offense. |
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An offense under this subsection is a misdemeanor punishable by: |
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(1) a fine of not less than $200 nor more than $500; |
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(2) confinement in the county jail for not more than 30 |
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days; or |
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(3) both the fine and confinement. |
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Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a) |
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This section applies only to an election to legalize or prohibit the |
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operation of eight-liners in a municipality that is located in more |
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than one county. |
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(b) An election to which this section applies shall be |
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conducted by the municipality instead of the counties. For the |
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purposes of an election conducted under this section, a reference |
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in this chapter to: |
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(1) the county is considered to refer to the |
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municipality; |
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(2) the commissioners court is considered to refer to |
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the governing body of the municipality; |
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(3) the county clerk or voter registrar is considered |
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to refer to the secretary of the municipality or, if the |
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municipality does not have a secretary, to the person performing |
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the functions of a secretary of the municipality; and |
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(4) the county judge is considered to refer to the |
|
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mayor of the municipality or, if the municipality does not have a |
|
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mayor, to the presiding officer of the governing body of the |
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municipality. |
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(c) The municipality shall pay the expense of the election. |
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(d) An action to contest the election under Section 502.155 |
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may be brought in the district court of any county in which the |
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municipality is located. |
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SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION |
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Sec. 502.151. DECLARATION OF RESULT. (a) On completing the |
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canvass of the election returns, the commissioners court shall |
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issue an order declaring the election result, and the clerk of the |
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commissioners court shall record the order as provided by law. |
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(b) In a legalization election, if a majority of the votes |
|
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cast favor legalizing the operation of eight-liners in the |
|
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political subdivision, the operation of eight-liners within the |
|
|
boundaries of the political subdivision is legal on the entering of |
|
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the court's order. The legalization remains in effect until |
|
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changed by a subsequent local option election held under this |
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chapter. |
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(c) In a prohibitory election, if a majority of the votes |
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cast do not favor the legal operation of eight-liners in the |
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political subdivision, the court's order must state that the |
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operation of eight-liners within the boundaries of the political |
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subdivision is prohibited effective on the 30th day after the date |
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the order is entered. The prohibition remains in effect until |
|
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changed by a subsequent local option election held under this |
|
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chapter. |
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(d) The local option status of a political subdivision does |
|
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not change as a result of the election if: |
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(1) in an election described by Subsection (c), less |
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than a majority of the votes cast do not favor the issue; and |
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(2) in an election described by Subsection (b), less |
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than a majority of the votes cast favor the issue. |
|
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Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the |
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commissioners court declaring an election result is prima facie |
|
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evidence that all provisions of law have been complied with in |
|
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giving notice of and holding the election, counting and returning |
|
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the votes, and declaring the result of the election. |
|
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Sec. 502.153. CERTIFICATION OF RESULT. Not later than the |
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third day after the date the result of a local option election has |
|
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been declared, the county clerk shall certify the result to the |
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secretary of state. The clerk may not charge a fee for this |
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service. |
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Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A |
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commissioners court order declaring the result of a local option |
|
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election and prohibiting the operation of eight-liners within the |
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boundaries of a political subdivision must be published by posting |
|
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the order at three public places in the political subdivision in |
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|
which the election was held. |
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|
(b) The posting of the order shall be recorded in the |
|
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minutes of the commissioners court by the county judge. The entry |
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in the minutes or a copy certified under the hand and seal of the |
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county clerk is prima facie evidence of the posting. |
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Sec. 502.155. ELECTION CONTEST. (a) The enforcement of |
|
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local option laws in the political subdivision in which an election |
|
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is being contested is not suspended during an election contest. |
|
|
(b) The result of an election contest finally settles all |
|
|
questions relating to the validity of that election. A person may |
|
|
not call the legality of that election into question again in any |
|
|
other suit or proceeding. |
|
|
(c) If an election contest is not timely instituted, it is |
|
|
conclusively presumed that the election is valid and binding in all |
|
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respects on all courts. |
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SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS |
|
|
Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a |
|
|
criminal prosecution, all trial courts of this state shall take |
|
|
judicial notice of whether the operation of eight-liners is legal |
|
|
or prohibited in an area. |
|
|
(b) In an information, complaint, or indictment, an |
|
|
allegation that the operation of eight-liners is prohibited in an |
|
|
area is sufficient, but a different status of the area may be urged |
|
|
and proved as a defense. |
|
|
Sec. 502.202. CHANGE OF STATUS. Except as provided in |
|
|
Section 502.203, an authorized voting unit that has exercised or |
|
|
may exercise the right of local option retains the status adopted |
|
|
until that status is changed by a subsequent local option election |
|
|
in the same authorized voting unit. |
|
|
Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS. |
|
|
To ensure that each voter has the maximum possible control over the |
|
|
status of the operation of eight-liners in the area where the voter |
|
|
resides: |
|
|
(1) the status that resulted from or is the result of a |
|
|
duly called election for a municipality prevails against the status |
|
|
that resulted from or is the result of an election in a justice |
|
|
precinct or county in which the municipality or any part of the |
|
|
municipality is contained; and |
|
|
(2) the status that resulted from or is the result of |
|
|
an election for a justice precinct prevails against the status that |
|
|
resulted from or is the result of an election in a municipality in |
|
|
which the justice precinct is wholly contained or in a county in |
|
|
which the justice precinct is located. |
|
|
Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a |
|
|
local option status is in effect as the result of the vote in a |
|
|
justice precinct, the status shall remain in effect until the |
|
|
status is changed as the result of a vote in the same territory that |
|
|
constituted the precinct when the status was established. If the |
|
|
boundaries of the justice precinct have changed since the status |
|
|
was established, the commissioners court shall, for purposes of a |
|
|
local option election, define the boundaries of the original |
|
|
precinct. A local option election may be held within the territory |
|
|
defined by the commissioners court as constituting the original |
|
|
precinct. |
|
|
(b) Nothing in this section is intended to affect the |
|
|
operation of Section 502.203. |
|
|
(c) Section 502.104, relating to the payment of local option |
|
|
election expenses, applies to elections held in a territory that is |
|
|
defined in accordance with Subsection (a). |
|
|
SECTION 2. Section 2153.002, Occupations Code, is amended |
|
|
by amending Subdivisions (1), (5), and (6) and adding Subdivision |
|
|
(2-a) to read as follows: |
|
|
(1) "Coin-operated machine" means any kind of machine |
|
|
or device operated by or with a coin or other United States |
|
|
currency, metal slug, token, electronic card, or check, including a |
|
|
music or skill or pleasure coin-operated machine. The term does not |
|
|
include an eight-liner. |
|
|
(2-a) "Eight-liner" has the meaning assigned by |
|
|
Section 47.01, Penal Code. |
|
|
(5) "Operator" means a person who exhibits or |
|
|
displays, or permits to be exhibited or displayed, a coin-operated |
|
|
machine or an eight-liner in this state in a place of business that |
|
|
is not owned by the person. |
|
|
(6) "Owner" means a person who owns a coin-operated |
|
|
machine or an eight-liner in this state. |
|
|
SECTION 3. Chapter 2153, Occupations Code, is amended by |
|
|
adding Subchapter K to read as follows: |
|
|
SUBCHAPTER K. FEE ON EIGHT-LINERS |
|
|
Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on |
|
|
each eight-liner that an owner exhibits or displays, or permits to |
|
|
be exhibited or displayed, in this state. |
|
|
(b) The amount of the fee is $350 per year. |
|
|
Sec. 2153.502. EXEMPTION. The fee imposed under this |
|
|
subchapter does not apply to an owner of an eight-liner if the owner |
|
|
possesses the eight-liner for resale only. |
|
|
Sec. 2153.503. PRORATED FEE. The fee on an eight-liner |
|
|
first exhibited or displayed in this state after March 31 of any |
|
|
year is one-fourth of the amount imposed under Section 2153.501 for |
|
|
each quarter or partial quarter of the calendar year remaining |
|
|
after the date the owner first exhibits or displays the |
|
|
eight-liner. |
|
|
Sec. 2153.504. COLLECTION. (a) The comptroller shall |
|
|
collect the fee. |
|
|
(b) In collecting the fee, the comptroller may: |
|
|
(1) collect the fee on a quarterly basis; |
|
|
(2) establish procedures for quarterly collection of |
|
|
the fee; and |
|
|
(3) establish dates on which the fee payment is due. |
|
|
(c) An owner required to pay a fee under this section shall |
|
|
pay the fee to the comptroller by cashier's check, money order, or |
|
|
any other method authorized by the comptroller. |
|
|
Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller |
|
|
shall deposit 30 percent of each fee collected under this |
|
|
subchapter to the credit of the general revenue fund. |
|
|
(b) For an eight-liner located in a municipality, the |
|
|
comptroller shall remit 70 percent of the fee collected under this |
|
|
subchapter to the municipality in which the eight-liner is located. |
|
|
(c) For an eight-liner located outside a municipality, the |
|
|
comptroller shall remit 70 percent of the fee collected under this |
|
|
subchapter to the county in which the eight-liner is located. |
|
|
(d) The comptroller shall remit fee revenue to a |
|
|
municipality or county under this section as soon as feasible after |
|
|
collecting the fee. |
|
|
Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller |
|
|
may not refund or assign credit for the fee imposed under this |
|
|
subchapter to an owner who ceases to exhibit or display an |
|
|
eight-liner before the end of the calendar year for which the fee is |
|
|
imposed. |
|
|
Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue |
|
|
a fee permit to an owner who pays the fee. |
|
|
(b) The comptroller may issue a duplicate fee permit to an |
|
|
owner if the owner's fee permit is lost, stolen, or destroyed. The |
|
|
fee for a duplicate permit is $5. |
|
|
(c) A fee permit shall be securely attached to the |
|
|
eight-liner for which the permit is issued in a manner that requires |
|
|
the continued application of steam and water to remove the permit. |
|
|
Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title |
|
|
2, Tax Code, applies to the administration, collection, and |
|
|
enforcement of taxes, penalties, and interest under this |
|
|
subchapter. |
|
|
SECTION 4. Section 234.131(1), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(1) "Amusement redemption machine" means a bona fide |
|
|
amusement device as defined by Section 47.01, Penal Code, operated |
|
|
in a manner that constitutes an affirmative defense under Section |
|
|
47.091, Penal Code [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, with a wholesale value available
|
|
|
from a single play of the game or device in an amount not more than
|
|
|
10 times the amount charged to play the game or device once or $5,
|
|
|
whichever amount is less]. |
|
|
SECTION 5. Section 47.01, Penal Code, is amended by |
|
|
amending Subdivisions (4) and (9) and adding Subdivisions (10), |
|
|
(11), and (12) to read as follows: |
|
|
(4) "Gambling device" means any device [electronic,
|
|
|
electromechanical, or mechanical contrivance not excluded under
|
|
|
Paragraph (B)] that for [a] consideration affords the player or |
|
|
user of the device an opportunity to obtain any thing [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]. The term[:
|
|
|
[(A)] includes, but is not limited to, a gambling |
|
|
device version [versions] of bingo, keno, blackjack, lottery, |
|
|
roulette, video poker, or similar electronic, electromechanical, |
|
|
or mechanical games, or a facsimile of any of those games |
|
|
[facsimiles thereof], that: |
|
|
(A) operates solely or partially [operate] by |
|
|
chance; |
|
|
(B) [or partially so, that] as a result of the |
|
|
play or use [operation] of the game, awards [award] credits or free |
|
|
games; [,] and |
|
|
(C) records [that record] the number of free |
|
|
games or credits [so] awarded and the cancellation or removal of the |
|
|
free games or credits[; and
|
|
|
[(B)
does not include any electronic,
|
|
|
electromechanical, or mechanical contrivance designed, made, and
|
|
|
adapted solely for bona fide amusement purposes if the contrivance
|
|
|
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 is less]. |
|
|
(9) "Thing of value" means any property, money, right, |
|
|
privilege, or other benefit, including a representation of value |
|
|
redeemable for any property, money, right, privilege, or other |
|
|
benefit [but does not include an unrecorded and immediate right of
|
|
|
replay not exchangeable for value]. |
|
|
(10) "Device" includes all or part of an electronic, |
|
|
electromechanical, or mechanical contrivance, machine, or |
|
|
apparatus. |
|
|
(11) "Eight-liner" means an electronic device capable |
|
|
of simulating the play of a traditional mechanical slot machine, or |
|
|
one-armed bandit, regardless of the number of lines of play on the |
|
|
device, that for the payment of consideration affords a player of a |
|
|
game on the device an opportunity to win a prize based solely or |
|
|
partially on chance, if the prize from a single play of the game |
|
|
consists of: |
|
|
(A) cash in an amount of $1,500 or less; or |
|
|
(B) noncash merchandise, or a representation of |
|
|
value redeemable for noncash merchandise, that has a wholesale |
|
|
value of $1,500 or less. |
|
|
(12) "Bona fide amusement device" means a device on |
|
|
which an amusement game or other activity can be played or conducted |
|
|
for consideration, for which skill is the predominating requirement |
|
|
for a player of the game to win or be awarded a thing of value. The |
|
|
term does not include: |
|
|
(A) an eight-liner; or |
|
|
(B) an electronic, electromechanical, or |
|
|
mechanical version of bingo, keno, blackjack, lottery, roulette, |
|
|
video poker, or a similar game, or a facsimile of any of those |
|
|
games, that operates solely or partially by chance. |
|
|
SECTION 6. Section 47.02(c), Penal Code, is amended to read |
|
|
as follows: |
|
|
(c) It is a defense to prosecution under this section that |
|
|
the actor reasonably believed that the conduct: |
|
|
(1) was permitted under Chapter 2001, Occupations |
|
|
Code; |
|
|
(2) was permitted under Chapter 2002, Occupations |
|
|
Code; |
|
|
(3) was permitted under Chapter 2004, Occupations |
|
|
Code; |
|
|
(4) consisted entirely of participation in the state |
|
|
lottery authorized by the State Lottery Act (Chapter 466, |
|
|
Government Code); |
|
|
(5) was permitted under the Texas Racing Act (Article |
|
|
179e, Vernon's Texas Civil Statutes); [or] |
|
|
(6) consisted entirely of participation in a drawing |
|
|
for the opportunity to participate in a hunting, fishing, or other |
|
|
recreational event conducted by the Parks and Wildlife Department; |
|
|
or |
|
|
(7) consisted entirely of operating an eight-liner in |
|
|
an area in which the operation of eight-liners has been legalized by |
|
|
a local option election under Chapter 502, Election Code. |
|
|
SECTION 7. Section 47.03(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) An offense under this section is a Class A misdemeanor, |
|
|
except that the offense is: |
|
|
(1) a state jail felony if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
more than $1,500 but less than $20,000; |
|
|
(2) a felony of the third degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is at |
|
|
least $20,000 but less than $100,000; or |
|
|
(3) a felony of the second degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
$100,000 or more. |
|
|
SECTION 8. Section 47.04(c), Penal Code, is amended to read |
|
|
as follows: |
|
|
(c) An offense under this section is a Class A misdemeanor, |
|
|
except that the offense is: |
|
|
(1) a state jail felony if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
more than $1,500 but less than $20,000; |
|
|
(2) a felony of the third degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is at |
|
|
least $20,000 but less than $100,000; or |
|
|
(3) a felony of the second degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
$100,000 or more. |
|
|
SECTION 9. Section 47.06(e), Penal Code, is amended to read |
|
|
as follows: |
|
|
(e) An offense under this section is a Class A misdemeanor, |
|
|
except that the offense is: |
|
|
(1) a state jail felony if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
more than $1,500 but less than $20,000; |
|
|
(2) a felony of the third degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is at |
|
|
least $20,000 but less than $100,000; or |
|
|
(3) a felony of the second degree if: |
|
|
(A) the offense involves a device described by |
|
|
Section 47.01(11) other than the monetary prize limits provided by |
|
|
Sections 47.01(11)(A) and (B); and |
|
|
(B) the prize for a single play of the game is |
|
|
$100,000 or more. |
|
|
SECTION 10. Section 47.09(a), Penal Code, is amended to |
|
|
read as follows: |
|
|
(a) It is a defense to prosecution under this chapter that |
|
|
the conduct: |
|
|
(1) was authorized under: |
|
|
(A) Chapter 2001, Occupations Code; |
|
|
(B) Chapter 2002, Occupations Code; |
|
|
(C) Chapter 2004, Occupations Code; or |
|
|
(D) the Texas Racing Act (Article 179e, Vernon's |
|
|
Texas Civil Statutes); |
|
|
(2) consisted entirely of participation in the state |
|
|
lottery authorized by Chapter 466, Government Code; [or] |
|
|
(3) was a necessary incident to the operation of the |
|
|
state lottery and was directly or indirectly authorized by: |
|
|
(A) Chapter 466, Government Code; |
|
|
(B) the lottery division of the Texas Lottery |
|
|
Commission; |
|
|
(C) the Texas Lottery Commission; or |
|
|
(D) the director of the lottery division of the |
|
|
Texas Lottery Commission; or |
|
|
(4) consisted entirely of operating an eight-liner in |
|
|
an area in which the operation of eight-liners has been legalized by |
|
|
a local option election under Chapter 502, Election Code. |
|
|
SECTION 11. Chapter 47, Penal Code, is amended by adding |
|
|
Section 47.091 to read as follows: |
|
|
Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a) |
|
|
It is an affirmative defense to prosecution under Section 47.02 |
|
|
that: |
|
|
(1) the conduct consists entirely of the play or use of |
|
|
a bona fide amusement device; and |
|
|
(2) the player or user may not win or be awarded a |
|
|
thing of value for playing or using the device other than: |
|
|
(A) noncash merchandise available only on the |
|
|
premises where the device is located; or |
|
|
(B) a ticket, coupon, or other representation of |
|
|
value redeemable only on the premises where the device is located |
|
|
for noncash merchandise. |
|
|
(b) For purposes of Subsection (a): |
|
|
(1) the noncash merchandise or representation of value |
|
|
redeemable for noncash merchandise that may be won or awarded for a |
|
|
single play of a game or use of the device may not have a wholesale |
|
|
value of more than the lesser of: |
|
|
(A) 10 times the amount charged for the single |
|
|
play or use; or |
|
|
(B) $5; and |
|
|
(2) an item of noncash merchandise that may be won or |
|
|
awarded for playing or using the device or for which a person may |
|
|
redeem one or more tickets, coupons, or other representations of |
|
|
value won or awarded for playing or using the device may not have a |
|
|
wholesale value of more than $50. |
|
|
(c) It is an affirmative defense to prosecution under |
|
|
Section 47.03, 47.04, or 47.06 that the conduct consists of or is a |
|
|
necessary incident to offering, using, or maintaining one or more |
|
|
bona fide amusement devices used exclusively for conduct for which |
|
|
Subsection (a) provides an affirmative defense to a person playing |
|
|
or using the device, including the manufacturing, transporting, |
|
|
storing, or repairing of the device. |
|
|
SECTION 12. Section 47.02(e), Penal Code, is repealed. |
|
|
SECTION 13. (a) The change in law made by this Act applies |
|
|
only to an offense committed on or after the effective date of this |
|
|
Act. For purposes of this section, an offense is committed before |
|
|
the effective date of this Act if any element of the offense occurs |
|
|
before that date. |
|
|
(b) An offense committed before the effective date of this |
|
|
Act is covered by the law in effect when the offense was committed, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 14. (a) This Act takes effect only if the |
|
|
constitutional amendment proposed by the 85th Legislature, Regular |
|
|
Session, 2017, authorizing local option elections to legalize or |
|
|
prohibit the operation of eight-liners takes effect. If that |
|
|
amendment is not approved by the voters, this Act has no effect. |
|
|
(b) Subject to Subsection (a) of this section: |
|
|
(1) Sections 1, 2, and 4 through 13 of this Act take |
|
|
effect on the date on which the constitutional amendment described |
|
|
by Subsection (a) of this section takes effect; and |
|
|
(2) Section 3 of this Act takes effect January 1, 2018. |