88R6414 BEE-F
 
  By: Wu H.B. No. 1601
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to defenses to prosecution of the criminal offenses of
  gambling, keeping a gambling place, and possession of a gambling
  device, equipment, or paraphernalia and county regulation of poker
  clubs; providing civil penalties; authorizing an occupational
  license; authorizing a fee; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 234, Local Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. POKER CLUBS
         Sec. 234.161.  DEFINITIONS. In this subchapter:
               (1)  "Operator" means an individual who:
                     (A)  operates a cash register, cash drawer, or
  other depository on the premises of a poker club or of a business at
  which is kept the money earned, or any credit card or other credit
  transaction records generated, from the operation of and activities
  conducted in a poker club;
                     (B)  displays, delivers, or provides to a poker
  club member merchandise, goods, entertainment, or other services
  offered on the poker club premises;
                     (C)  accepts orders from a poker club member for
  merchandise, goods, entertainment, or other services offered on the
  poker club premises;
                     (D)  acts as a door attendant to regulate entry of
  members or other individuals into a poker club; or
                     (E)  supervises or manages other individuals at a
  poker club in the performance of an activity listed in this
  subdivision.
               (2)  "Poker club" means a private for-profit business
  that contains one or more poker gaming tables.
               (3)  "Poker club owner" means a person who:
                     (A)  has an ownership interest in, or receives the
  profits from, a poker club;
                     (B)  is a partner, director, or officer of a
  business, including a company or corporation, that has an ownership
  interest in a poker club;
                     (C)  is a shareholder who holds more than 10
  percent of the outstanding shares of a business, including a
  company or corporation, that has an ownership interest in a poker
  club;
                     (D)  has been issued by the county clerk an
  assumed name certificate for a business that owns a poker club;
                     (E)  signs a lease for a poker club;
                     (F)  opens an account for utilities for a poker
  club;
                     (G)  receives a certificate of occupancy or
  certificate of compliance for a poker club;
                     (H)  pays for advertising for a poker club; or
                     (I)  signs an alarm permit for a poker club.
               (4)  "Poker game" means a card game in which:
                     (A)  a poker club member physically present at the
  poker club places a bet based on the highest or lowest ranking hand
  of cards the member holds or on a combination of highest and lowest
  cards the member holds;
                     (B)  each member participating in the game has an
  opportunity to benefit from personal winnings; and
                     (C)  except for the advantage of skill or luck,
  the risks of losing and the chances of winning are the same for all
  members participating in the game.
               (5)  "Poker gaming table" means a recreational table at
  which poker club members participate in a live poker game. The term
  does not include a table that offers any video, mechanical,
  electronic, or online version of a poker game.
         Sec. 234.162.  AUTHORITY TO REGULATE; CONFLICT OF
  REGULATIONS. (a) To promote the public health, safety, and
  welfare, the commissioners court of a county may regulate the
  operation of poker clubs and may:
               (1)  restrict the location of poker clubs to specified
  areas of the county, including the unincorporated area of the
  county;
               (2)  prohibit a poker club location within the
  specified distance the commissioners court prescribes of a school,
  regular place of religious worship, or residential neighborhood; or
               (3)  restrict the number of poker clubs that may
  operate in a specified area of the county.
         (b)  To the extent of a conflict between a county order or
  regulation adopted under this subchapter and a municipal ordinance,
  the county order prevails.
         Sec. 234.163.  LICENSE REQUIREMENT. (a) A county may
  require a poker club owner or operator to obtain a license or renew
  a license on a periodic basis to own or operate a poker club in the
  county. An application for a license must be made in accordance
  with regulations the county adopts.
         (b)  Regulations adopted under this section may establish
  qualifications for a poker club owner or operator and provide for
  the denial, suspension, or revocation of a license for violations
  of this subchapter and any regulation or order adopted under this
  subchapter.
         (c)  A district court in the county has jurisdiction of a
  suit that arises from the county's denial, suspension, or
  revocation of a license.
         Sec. 234.164.  FEES. A county may impose a fee on an
  applicant for a license or renewal of a license required under this
  subchapter. The fee must be based on the cost of processing the
  application and investigating the applicant.
         Sec. 234.165.  INSPECTION. A county employee may inspect a
  business in the county that contains one or more poker gaming tables
  to determine whether the business is in compliance with this
  subchapter and regulations and orders adopted under this
  subchapter.
         Sec. 234.166.  INJUNCTION; CIVIL PENALTY. (a) A county may
  apply to a district court for an injunction to prevent the violation
  or threatened violation of a regulation or order adopted under this
  subchapter.
         (b)  A person who violates a regulation or order adopted
  under this subchapter is liable to the county for a civil penalty of
  not more than $10,000 for each violation. Each day a violation
  continues is considered a separate violation for purposes of
  assessing the civil penalty under this subsection. A county may
  bring suit in district court to recover a civil penalty authorized
  by this subsection.
         (c)  The county is entitled to recover reasonable expenses
  incurred in obtaining injunctive relief, civil penalties, or both,
  under this section, including reasonable attorney's fees, court
  costs, and investigatory costs.
         Sec. 234.167.  CRIMINAL PENALTY. (a) A person commits an
  offense if the person intentionally or knowingly operates a poker
  club in violation of a regulation or order adopted under Section
  234.162.
         (b)  An offense under this section is a Class A misdemeanor.
         Sec. 234.168.  CUMULATIVE EFFECT. Authority under this
  subchapter is cumulative of other authority a county is granted to
  regulate poker clubs and does not limit that authority.
         Sec. 234.169.  EFFECT ON OTHER LAWS. (a) This subchapter
  does not legalize any activity prohibited under the Penal Code or
  other state law.
         (b)  A person who is subject to prosecution under Section
  234.167 and any other law may be prosecuted under either or both
  laws.
         SECTION 2.  Section 47.01(8), Penal Code, is amended to read
  as follows:
               (8)  "Private residence [place]" means a dwelling
  [place] to which the public does not have access, and excludes,
  among other places, streets, highways, restaurants, taverns,
  nightclubs, schools, hospitals, and the common areas of apartment
  houses, hotels, motels, office buildings, transportation
  facilities, and shops.
         SECTION 3.  Section 47.02(b), Penal Code, is amended to read
  as follows:
         (b)  It is a defense to prosecution under this section that:
               (1)  the actor engaged in gambling in:
                     (A)  a private residence [place]; or
                     (B)  a poker club, as defined by Section 234.161,
  Local Government Code:
                           (i)  located in and licensed by:
                                 (a)  a county that regulates poker
  clubs under Subchapter F, Chapter 234, Local Government Code, and
  operated in accordance with that subchapter and the county's
  regulations; or
                                 (b)  a municipality that regulates
  poker clubs and operated in accordance with the municipality's
  regulations; or
                           (ii)  located in a county or municipality
  that does not regulate poker clubs;
               (2)  no person received any economic benefit other than
  personal winnings; and
               (3)  except for the advantage of skill or luck, the
  risks of losing and the chances of winning were the same for all
  participants.
         SECTION 4.  Section 47.04(b), Penal Code, is amended to read
  as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that:
               (1)  the gambling occurred in:
                     (A)  a private residence [place]; or
                     (B)  a poker club, as defined by Section 234.161,
  Local Government Code:
                           (i)  located in and licensed by:
                                 (a)  a county that regulates poker
  clubs under Subchapter F, Chapter 234, Local Government Code, and
  operated in accordance with that subchapter and the county's
  regulations; or
                                 (b)  a municipality that regulates
  poker clubs and operated in accordance with the municipality's
  regulations; or
                           (ii)  located in a county or municipality
  that does not regulate poker clubs;
               (2)  no person received any economic benefit other than
  personal winnings; and
               (3)  except for the advantage of skill or luck, the
  risks of losing and the chances of winning were the same for all
  participants.
         SECTION 5.  Section 47.06(d), Penal Code, is amended to read
  as follows:
         (d)  It is a defense to prosecution under Subsections (a) and
  (c) that:
               (1)  the device, equipment, or paraphernalia is used
  for or is intended for use in gambling that is to occur entirely in:
                     (A)  a private residence [place]; or
                     (B)  a poker club, as defined by Section 234.161,
  Local Government Code:
                           (i)  located in and licensed by:
                                 (a)  a county that regulates poker
  clubs under Subchapter F, Chapter 234, Local Government Code, and
  operated in accordance with that subchapter and the county's
  regulations; or
                                 (b)  a municipality that regulates
  poker clubs and operated in accordance with the municipality's
  regulations; or
                           (ii)  located in a county or municipality
  that does not regulate poker clubs;
               (2)  a person involved in the gambling does not receive
  any economic benefit other than personal winnings; and
               (3)  except for the advantage of skill or luck, the
  chance of winning is the same for all participants.
         SECTION 6.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 7.  This Act takes effect September 1, 2023.