BILL ANALYSIS

 

 

Senate Research Center

S.B. 1470

86R8596 ADM-F

By: Powell

 

Intergovernmental Relations

 

4/12/2019

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Section 234.132 of the Local Government Code grants certain counties the ability to regulate game rooms. A game room is defined in Section 234.121 of the Local Government Code as a "for-profit business that has six or more amusement redemption machines or electronic, electromechanical, or mechanical contrivances that, for consideration, afford the player the opportunity to obtain a prize or thing of value, the award of which is determined solely or partially by chance, regardless of whether the contrivance is designed, made, or adopted solely for bona fide amusement purposes."

 

Counties possess the ability to regulate game rooms by certain measures, but current law does not afford municipalities the flexibility to enact zoning measures to help mitigate the public health and safety issues associated with having game rooms within their jurisdiction. S.B. 1470 explicitly grants municipalities the authority to regulate game rooms through zoning.

 

As proposed, S.B. 1470 amends current law relating to a political subdivision's adoption of zoning regulations for certain coin-operated machines.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 2153.452, Occupations Code, as follows:

 

Sec. 2153.452.  ZONING.� Authorizes a political subdivision of this state to adopt zoning regulations to govern the exhibition of a music or skill or pleasure coin-operated machine. Deletes existing text requiring a political subdivision of this state to treat, for purposes of zoning, the exhibition of a music or skill or pleasure coin-operated machine in the same manner as the political subdivision treats the principal use of the property where the machine is exhibited. Deletes designation of this text as Subsection (a).

 

Deletes existing Subsection (b) providing that Subsection (a) does not prohibit a municipality from restricting the exhibition of a coin-operated amusement machine within 300 feet of a church, school, or hospital.

 

SECTION 2. Effective date: upon passage or September 1, 2019.