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A BILL TO BE ENTITLED
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AN ACT
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relating to defenses to prosecution of the criminal offenses of |
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gambling, keeping a gambling place, and possession of a gambling |
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device, equipment, or paraphernalia and county regulation of poker |
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clubs; providing civil penalties; authorizing an occupational |
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license; 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 poker |
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club member merchandise, goods, entertainment, or other services |
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offered on the poker club premises; |
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(C) accepts orders from a poker club member for |
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merchandise, goods, entertainment, or other services offered on the |
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poker club premises; |
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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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that contains one or more poker 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 poker club member physically present at the |
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poker club places a bet based on the highest or lowest ranking hand |
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of cards the member holds or on a combination of highest and lowest |
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cards the member holds; |
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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 poker club members participate in a live poker game. The term |
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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. 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 the |
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specified distance the commissioners court prescribes 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. 234.163. 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 |
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with regulations the county adopts. |
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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 county's denial, suspension, or |
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revocation of a license. |
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Sec. 234.164. FEES. A county may impose a fee on an |
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applicant for a license or renewal of a license required under this |
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subchapter. The fee must be based on the cost of processing the |
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application and investigating the applicant. |
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Sec. 234.165. INSPECTION. A county employee may inspect a |
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business in the county that contains one or more poker gaming tables |
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to 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. 234.166. INJUNCTION; CIVIL PENALTY. (a) A county may |
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apply to a district court for an injunction to prevent the violation |
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or 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. 234.167. 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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234.162. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 234.168. 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. 234.169. 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 who is subject to prosecution under Section |
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234.167 and any other law may be prosecuted under either or both |
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laws. |
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SECTION 2. Section 47.01(8), Penal Code, is amended to read |
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as follows: |
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(8) "Private residence [place]" means a dwelling |
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[place] to which the public does not have access, and excludes, |
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among other places, streets, highways, restaurants, taverns, |
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nightclubs, schools, hospitals, and the common areas of apartment |
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houses, hotels, motels, office buildings, transportation |
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facilities, and shops. |
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SECTION 3. Section 47.02(b), Penal Code, is amended to read |
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as follows: |
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(b) It is a defense to prosecution under this section that: |
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(1) the actor engaged in gambling in: |
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(A) a private residence [place]; or |
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(B) a poker club, as defined by Section 234.161, |
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Local Government Code: |
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(i) located in and licensed by: |
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(a) a county that regulates poker |
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clubs under Subchapter F, Chapter 234, Local Government Code, and |
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operated in accordance with that subchapter and the county's |
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regulations; or |
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(b) a municipality that regulates |
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poker clubs and operated in accordance with the municipality's |
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regulations; or |
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(ii) located in a county or municipality |
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that does not regulate poker clubs; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 4. Section 47.04(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the gambling occurred in: |
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(A) a private residence [place]; or |
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(B) a poker club, as defined by Section 234.161, |
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Local Government Code: |
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(i) located in and licensed by: |
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(a) a county that regulates poker |
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clubs under Subchapter F, Chapter 234, Local Government Code, and |
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operated in accordance with that subchapter and the county's |
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regulations; or |
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(b) a municipality that regulates |
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poker clubs and operated in accordance with the municipality's |
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regulations; or |
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(ii) located in a county or municipality |
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that does not regulate poker clubs; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 5. Section 47.06(d), Penal Code, is amended to read |
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as follows: |
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(d) It is a defense to prosecution under Subsections (a) and |
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(c) that: |
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(1) the device, equipment, or paraphernalia is used |
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for or is intended for use in gambling that is to occur entirely in: |
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(A) a private residence [place]; or |
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(B) a poker club, as defined by Section 234.161, |
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Local Government Code: |
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(i) located in and licensed by: |
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(a) a county that regulates poker |
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clubs under Subchapter F, Chapter 234, Local Government Code, and |
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operated in accordance with that subchapter and the county's |
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regulations; or |
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(b) a municipality that regulates |
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poker clubs and operated in accordance with the municipality's |
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regulations; or |
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(ii) located in a county or municipality |
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that does not regulate poker clubs; |
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(2) a person involved in the gambling does not receive |
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any economic benefit other than personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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chance of winning is the same for all participants. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |