Bill Text: TX HB1127 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the regulation of game rooms by certain counties; providing penalties; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Enrolled - Dead) 2013-06-14 - Effective immediately [HB1127 Detail]
Download: Texas-2013-HB1127-Enrolled.html
H.B. No. 1127 |
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relating to the regulation of game rooms by certain counties; | ||
providing penalties; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 234, Local Government Code, is amended | ||
by adding Subchapter E to read as follows: | ||
SUBCHAPTER E. GAME ROOMS | ||
Sec. 234.131. DEFINITIONS. In this subchapter: | ||
(1) "Amusement redemption machine" means any | ||
electronic, electromechanical, or mechanical contrivance designed, | ||
made, and adopted for bona fide amusement purposes that rewards the | ||
player exclusively with noncash merchandise, prizes, toys, or | ||
novelties, or a representation of value redeemable for those items, | ||
that have a wholesale value available from a single play of the game | ||
or device of not more than 10 times the amount charged to play the | ||
game or device once or $5, whichever amount is less. | ||
(2) "Game room" means a for-profit business located in | ||
a building or place that contains six or more amusement redemption | ||
machines. | ||
(3) "Game room owner" means a person who: | ||
(A) has an ownership interest in, or receives the | ||
profits from, a game room or an amusement redemption machine | ||
located in a game room; | ||
(B) is a partner, director, or officer of a | ||
business, company, or corporation that has an ownership interest in | ||
a game room or in an amusement redemption machine located in a game | ||
room; | ||
(C) is a shareholder that holds more than 10 | ||
percent of the outstanding shares of a business, company, or | ||
corporation that has an ownership interest in a game room or in an | ||
amusement redemption machine located in a game room; | ||
(D) has been issued by the county clerk an | ||
assumed name certificate for a business that owns a game room or an | ||
amusement redemption machine located in a game room; | ||
(E) signs a lease for a game room; | ||
(F) opens an account for utilities for a game | ||
room; | ||
(G) receives a certificate of occupancy or | ||
certificate of compliance for a game room; | ||
(H) pays for advertising for a game room; or | ||
(I) signs an alarm permit for a game room. | ||
(4) "Operator" means an individual who: | ||
(A) operates a cash register, cash drawer, or | ||
other depository on the premises of a game room or of a business | ||
where the money earned or the records of credit card transactions or | ||
other credit transactions generated in any manner by the operation | ||
of a game room or activities conducted in a game room are kept; | ||
(B) displays, delivers, or provides to a customer | ||
of a game room merchandise, goods, entertainment, or other services | ||
offered on the premises of a game room; | ||
(C) takes orders from a customer of a game room | ||
for merchandise, goods, entertainment, or other services offered on | ||
the premises of a game room; | ||
(D) acts as a door attendant to regulate entry of | ||
customers or other persons into a game room; or | ||
(E) supervises or manages other persons at a game | ||
room in the performance of an activity listed in this subdivision. | ||
Sec. 234.132. APPLICABILITY. This subchapter applies only | ||
to a county with a population of four million or more. | ||
Sec. 234.133. AUTHORITY TO REGULATE. To promote the public | ||
health, safety, and welfare, the commissioners court of a county | ||
may regulate the operation of game rooms and may: | ||
(1) restrict the location of game rooms to specified | ||
areas of the county, including the unincorporated area of the | ||
county; | ||
(2) prohibit the location of a game room within the | ||
distance prescribed by the commissioners court of a school, regular | ||
place of religious worship, or residential neighborhood; or | ||
(3) restrict the number of game rooms that may operate | ||
in a specified area of the county. | ||
Sec. 234.134. LICENSES OR PERMITS. (a) A county may | ||
require that an owner or operator of a game room obtain a license or | ||
permit or renew a license or permit on a periodic basis to operate a | ||
game room in the county. An application for a license or permit | ||
must be made in accordance with regulations adopted by the county. | ||
(b) Regulations adopted under this section may provide for | ||
the denial, suspension, or revocation of a license or permit. | ||
(c) A district court has jurisdiction of a suit that arises | ||
from the denial, suspension, or revocation of a license or other | ||
permit by a county. | ||
Sec. 234.135. FEES. A county may impose a fee not to exceed | ||
$1,000 on an applicant for a license or permit or for the renewal of | ||
the license or permit required under this subchapter. The fee must | ||
be based on the cost of processing the application and | ||
investigating the applicant. | ||
Sec. 234.136. INSPECTION. (a) A peace officer or county | ||
employee may inspect a business in the county to determine how many | ||
amusement redemption machines that are subject to regulation under | ||
this subchapter are located on the premises of the business. | ||
(b) A peace officer or county employee may inspect any | ||
business in which six or more amusement redemption machines are | ||
located to determine whether the business is in compliance with | ||
this subchapter or regulations adopted under this subchapter. | ||
(c) A person violates this subchapter if the person fails to | ||
allow a peace officer or county employee to conduct an inspection | ||
under this section. | ||
Sec. 234.137. INJUNCTION; CIVIL PENALTY. (a) A county may | ||
sue in district court for an injunction to prohibit the violation or | ||
threatened violation of this subchapter or a regulation adopted | ||
under Section 234.133. | ||
(b) A person who violates this subchapter or a regulation | ||
adopted under Section 234.133 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. 234.138. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person intentionally or knowingly operates a game | ||
room in violation of a regulation adopted under Section 234.133. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
Sec. 234.139. CUMULATIVE EFFECT. Authority under this | ||
subchapter is cumulative of other authority that a county has to | ||
regulate game rooms and does not limit that authority. | ||
Sec. 234.140. EFFECT ON OTHER LAWS. (a) This subchapter | ||
does not legalize any activity prohibited under the Penal Code or | ||
other state law. | ||
(b) A person's compliance with this subchapter, including | ||
operating a game room under a license or permit issued under this | ||
chapter, is not a defense to prosecution for an offense under | ||
Chapter 47, Penal Code. | ||
(c) A person who is subject to prosecution under Section | ||
234.138 and any other law may be prosecuted under either or both | ||
laws. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1127 was passed by the House on April | ||
18, 2013, by the following vote: Yeas 134, Nays 9, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1127 on May 24, 2013, by the following vote: Yeas 138, Nays 4, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1127 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |