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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of poker clubs in certain counties; |
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providing civil penalties; authorizing an occupational license; |
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authorizing a fee; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 234, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. POKER CLUBS |
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Sec. 234.161. DEFINITIONS. In this subchapter: |
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(1) "Operator" means an individual who: |
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(A) operates a cash register, cash drawer, or |
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other depository on the premises of a poker club or of a business at |
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which is kept the money earned, or any credit card or other credit |
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transaction records generated, from the operation of and activities |
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conducted in a poker club; |
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(B) displays, delivers, or provides to a member |
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of a poker club merchandise, goods, entertainment, or other |
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services offered on the premises of the poker club; |
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(C) accepts orders from a member of a poker club |
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for merchandise, goods, entertainment, or other services offered on |
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the premises of the poker club; |
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(D) acts as a door attendant to regulate entry of |
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members or other individuals into a poker club; or |
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(E) supervises or manages other individuals at a |
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poker club in the performance of an activity listed in this |
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subdivision. |
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(2) "Poker club" means a private for-profit business |
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located in a building or place that contains one or more poker |
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gaming tables. |
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(3) "Poker club owner" means a person who: |
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(A) has an ownership interest in, or receives the |
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profits from, a poker club; |
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(B) is a partner, director, or officer of a |
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business, including a company or corporation, that has an ownership |
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interest in a poker club; |
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(C) is a shareholder who holds more than 10 |
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percent of the outstanding shares of a business, including a |
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company or corporation, that has an ownership interest in a poker |
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club; |
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(D) has been issued by the county clerk an |
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assumed name certificate for a business that owns a poker club; |
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(E) signs a lease for a poker club; |
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(F) opens an account for utilities for a poker |
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club; |
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(G) receives a certificate of occupancy or |
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certificate of compliance for a poker club; |
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(H) pays for advertising for a poker club; or |
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(I) signs an alarm permit for a poker club. |
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(4) "Poker game" means a card game in which: |
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(A) a member of a poker club physically present |
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at the poker club places a bet based on the highest or lowest |
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ranking hand of cards held by the member or on a combination of |
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highest and lowest cards held by the member; |
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(B) each member participating in the game has an |
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opportunity to benefit from personal winnings; and |
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(C) except for the advantage of skill or luck, |
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the risks of losing and the chances of winning are the same for all |
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members participating in the game. |
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(5) "Poker gaming table" means a recreational table at |
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which members of a poker club participate in a live poker game. The |
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term does not include a table that offers any video, mechanical, |
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electronic, or online version of a poker game. |
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Sec. 234.162. APPLICABILITY. This subchapter applies only |
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to a county with a population of four million or more. |
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Sec. 234.163. AUTHORITY TO REGULATE; CONFLICT OF |
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REGULATIONS. (a) To promote the public health, safety, and |
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welfare, the commissioners court of a county may regulate the |
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operation of poker clubs and may: |
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(1) restrict the location of poker clubs to specified |
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areas of the county, including the unincorporated area of the |
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county; |
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(2) prohibit a poker club location within a certain |
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distance, prescribed by the commissioners court, of a school, |
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regular place of religious worship, or residential neighborhood; or |
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(3) restrict the number of poker clubs that may |
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operate in a specified area of the county. |
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(b) To the extent of a conflict between a county order or |
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regulation adopted under this subchapter and a municipal ordinance, |
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the county order prevails. |
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Sec. 234.164. LICENSE REQUIREMENT. (a) A county may |
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require a poker club owner or operator to obtain a license or renew |
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a license on a periodic basis to own or operate a poker club in the |
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county. An application for a license must be made in accordance with |
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regulations adopted by the county. |
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(b) Regulations adopted under this section may establish |
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qualifications for a poker club owner or operator and provide for |
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the denial, suspension, or revocation of a license for violations |
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of this subchapter and any regulation or order adopted under this |
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subchapter. |
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(c) A district court in the county has jurisdiction of a |
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suit that arises from the denial, suspension, or revocation of a |
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license by the county. |
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Sec. 234.165. FEES. A county may impose a fee on an |
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applicant for a license or for the renewal of the license required |
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under this subchapter. The fee must be based on the cost of |
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processing the application and investigating the applicant. |
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Sec. 234.166. INSPECTION. A county employee may inspect a |
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business containing one or more poker gaming tables in the county to |
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determine whether the business is in compliance with this |
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subchapter and regulations and orders adopted under this |
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subchapter. |
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Sec. 234.167. INJUNCTION; CIVIL PENALTY. (a) A county may |
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sue in district court for an injunction to prohibit the violation or |
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threatened violation of a regulation or order adopted under this |
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subchapter. |
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(b) A person who violates a regulation or order adopted |
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under this subchapter is liable to the county for a civil penalty of |
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not more than $10,000 for each violation. Each day a violation |
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continues is considered a separate violation for purposes of |
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assessing the civil penalty under this subsection. A county may |
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bring suit in district court to recover a civil penalty authorized |
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by this subsection. |
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(c) The county is entitled to recover reasonable expenses |
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incurred in obtaining injunctive relief, civil penalties, or both, |
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under this section, including reasonable attorney's fees, court |
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costs, and investigatory costs. |
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Sec. 234.168. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person intentionally or knowingly operates a poker |
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club in violation of a regulation or order adopted under Section |
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234.163. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 234.169. CUMULATIVE EFFECT. Authority under this |
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subchapter is cumulative of other authority a county is granted to |
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regulate poker clubs and does not limit that authority. |
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Sec. 234.170. EFFECT ON OTHER LAWS. (a) This subchapter |
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does not legalize any activity prohibited under the Penal Code or |
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other state law. |
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(b) A person's compliance with this subchapter, including |
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operating a poker club under a license issued under this chapter, is |
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not a defense to prosecution for an offense under Chapter 47, Penal |
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Code. |
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(c) A person who is subject to prosecution under Section |
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234.168 and any other law may be prosecuted under either or both |
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laws. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |