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A BILL TO BE ENTITLED
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AN ACT
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relating to a report by certain vessel operators on gambling device |
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payout percentages; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2003, Occupations Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. REPORT ON GAMBLING DEVICE PAYOUT PERCENTAGES |
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Sec. 2003.151. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Texas Lottery Commission. |
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(2) "Gambling device" has the meaning assigned by |
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Section 47.01, Penal Code. |
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(3) "Payout percentage" means the percentage of the |
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total amount of consideration wagered to play a gambling device |
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that is paid as prizes to players of the device. |
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Sec. 2003.152. GAMBLING DEVICE PAYOUT PERCENTAGE REPORT. |
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The operator of a vessel to which this chapter applies shall |
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annually submit to the commission a gambling device payout |
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percentage report. The report must include for each gambling |
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device operated on the vessel during the preceding calendar year: |
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(1) the programmed payout percentage for the device; |
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(2) the actual payout percentage for the device; and |
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(3) the information used to calculate the actual |
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payout percentage under Subdivision (2), including the total amount |
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of consideration paid to play the device, number of times the device |
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was played, and total amount paid in prizes by the device. |
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Sec. 2003.153. PUBLICATION OF REPORT. The commission shall |
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promptly publish each gambling device payout percentage report |
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submitted under Section 2003.152 on the commission's Internet |
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website. |
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Sec. 2003.154. DISTRIBUTION OF REPORT TO MUNICIPALITY. The |
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commission shall provide an electronic copy of each report |
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submitted under Section 2003.152 to: |
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(1) the department; and |
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(2) any municipality that regulates the vessel under |
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Section 2003.101. |
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Sec. 2003.155. RULES. The commission shall adopt rules |
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necessary to implement this subchapter, including rules to: |
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(1) establish the time for submission of a report |
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under Section 2003.152; and |
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(2) prescribe the form and content of a report under |
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Section 2003.152. |
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Sec. 2003.156. CIVIL PENALTY. (a) A person who violates |
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this subchapter or a rule adopted under this subchapter is liable to |
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this state for a civil penalty of not more than $1,000 for each |
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violation. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general, at the request of the commission, |
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may sue to collect a civil penalty under this section. In the suit |
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the attorney general may recover, on behalf of the state, the |
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reasonable expenses incurred in obtaining the penalty, including |
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investigation and court costs, reasonable attorney's fees, witness |
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fees, and other expenses. |
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SECTION 2. Section 467.101(c), Government Code, is amended |
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to read as follows: |
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(c) The commission also has the powers and duties granted |
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under: |
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(1) Chapter 2001, Occupations Code; [and] |
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(2) Chapter 466 of this code; and |
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(3) Subchapter D, Chapter 2003, Occupations Code. |
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SECTION 3. Not later than December 1, 2019, the Texas |
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Lottery Commission shall adopt rules necessary to implement |
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Subchapter D, Chapter 2003, Occupations Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |