Bill Text: TX HB2098 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the authorization and regulation of social poker establishments and the duties of the Texas Department of Licensing and Regulation; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-05 - Referred to Licensing & Administrative Procedures [HB2098 Detail]

Download: Texas-2013-HB2098-Introduced.html

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83R7928 GCB-F
By: Guillen H.B. No. 2098

A BILL TO BE ENTITLED
AN ACT
relating to the authorization and regulation of social poker
establishments and the duties of the Texas Department of Licensing
and Regulation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 13, Occupations Code, is
amended by adding Chapter 2004 to read as follows:
CHAPTER 2004. POKER GAMING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2004.001. SHORT TITLE. This chapter may be cited as
the Social Poker Gaming Act of 2013.
Sec. 2004.002. DEFINITIONS. In this chapter:
(1) "Bet" means an agreement to win or lose money,
chips, tokens, or other consideration in a game of poker.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Player" means a patron who participates in poker
on the premises of a social poker establishment.
(5) "Poker" means a card game in which a player
physically present in a social poker establishment places a bet
based on the highest or lowest ranking hand of cards held by the
player or combination of highest and lowest cards held. The term
does not include any video, mechanical, electronic, or online
version of poker.
(6) "Social poker establishment" means a business or
entity that operates a private food and beverage club and poker
services in which:
(A) only registered members of the club may
participate as players in a game of poker;
(B) no person receives an economic benefit other
than personal winnings from a bet made during a hand of poker played
at the establishment; and
(C) except for the advantage of skill or luck,
the risk of losing and the chance of winning are the same for all
participants.
Sec. 2004.003. APPLICABILITY. This chapter does not apply
to the conduct of bingo, charitable raffles, the state lottery, or
greyhound or horse racing.
Sec. 2004.004. OTHER GAMING. This chapter does not
authorize the conduct of video poker or casino gambling.
Sec. 2004.005. PRIVATE PLACE. For purposes of the
application of this chapter and any other law, a poker game
conducted in a social poker establishment is conducted in a private
place.
Sec. 2004.006. REGULATION; LICENSING; ENFORCEMENT. (a) To
protect the public health, safety, and welfare, the commission
shall adopt the rules necessary to implement this chapter. The
rules must be consistent with state and federal law. The department
shall license and regulate each social poker establishment
operating in this state in accordance with commission rules.
(b) A person may not own or operate a social poker
establishment unless the person holds a license for the
establishment issued under this chapter.
(c) A player may not participate in a poker game at a social
poker establishment that is not licensed under this chapter.
(d) Chapter 51 applies to licensing, regulation, and
enforcement under this chapter. The department shall assess
against a social poker establishment a civil or administrative
penalty authorized under that chapter for a violation of that
chapter, this chapter, or a commission rule.
SECTION 2. Section 47.02(c), Penal Code, is amended to read
as follows:
(c) It is a defense to prosecution under this section that
the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations
Code;
(2) was permitted under Chapter 2002, Occupations
Code;
(3) was permitted under Chapter 2004, Occupations
Code;
(4) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(5) [(4)] was permitted under the Texas Racing Act
(Article 179e, Vernon's Texas Civil Statutes); or
(6) [(5)] consisted entirely of participation in a
drawing for the opportunity to participate in a hunting, fishing,
or other recreational event conducted by the Parks and Wildlife
Department.
SECTION 3. Section 47.06, Penal Code, is amended by adding
Subsection (f-1) to read as follows:
(f-1) It is a defense to prosecution under Subsection (a) or
(c) that the person owned, manufactured, transferred, or possessed
the equipment or paraphernalia related to the play of poker for the
sole purpose of shipping it to a social poker establishment
licensed under Chapter 2004, Occupations Code.
SECTION 4. Section 47.09(a), Penal Code, is amended to read
as follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; [or]
(C) Chapter 2004, Occupations Code; or
(D) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(3) was a necessary incident to the operation of the
state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
SECTION 5. Not later than January 1, 2014, the Texas
Commission of Licensing and Regulation shall adopt the rules
necessary and the Texas Department of Licensing and Regulation
shall develop the applications and establish the procedures
necessary to implement Chapter 2004, Occupations Code, as added by
this Act.
SECTION 6. 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.