Bill Text: TX HB3529 | 2013-2014 | 83rd Legislature | Introduced

---

Bill Title: Relating to regulation of certain online poker facilities under federal law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-20 - Referred to Licensing & Administrative Procedures [HB3529 Detail]

Download: Texas-2013-HB3529-Introduced.html

---

83R8618 YDB-F
By: Kuempel H.B. No. 3529

A BILL TO BE ENTITLED
AN ACT
relating to regulation of certain online poker facilities under
federal law.
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. INTERNET GAMING
Sec. 2004.001. PUBLIC POLICY. The legislature finds and
declares it to be the public policy of this state that:
(1) online poker is a game predominated by skill;
(2) unregulated Internet gambling conducted by
unlicensed operators is inimical to public health, safety, and
welfare and good order;
(3) the development of regulated online poker in this
state through a licensing program created under federal law will
benefit the general welfare of the people of this state by ensuring
that online poker play and operations are:
(A) conducted honestly and competitively; and
(B) free from criminal and other corruptive
elements;
(4) the conduct of regulated online poker by licensed
operators will not harm the people of this state; and
(5) public confidence and trust can be maintained only
by nationally uniform and robust regulation of all persons,
locations, practices, and activities related to the conduct of
online poker.
Sec. 2004.002. DEFINITIONS. In this chapter:
(1) "Bet" has the meaning assigned by Section 47a,
Article III, Texas Constitution.
(2) "Internet gambling facility" has the meaning
assigned by Section 47a, Article III, Texas Constitution.
(3) "Licensed online poker facility" has the meaning
assigned by Section 47a, Article III, Texas Constitution.
(4) "Online poker" has the meaning assigned by Section
47a, Article III, Texas Constitution.
(5) "Online poker facility" has the meaning assigned
by Section 47a, Article III, Texas Constitution.
(6) "Operate" or "operation" means to carry on,
maintain, or expose for play.
Sec. 2004.003. APPLICABILITY. This chapter does not apply
to the conduct of bingo, charitable raffles, the state lottery, or
video poker.
Sec. 2004.004. REGULATION OF ONLINE POKER UNDER FEDERAL
LAW. If a federal law described by Section 47a, Article III, Texas
Constitution, is enacted and requires a state agency to implement
the federal law, the Texas Lottery Commission shall promptly adopt
all rules and procedures necessary to implement the federal law.
The commission shall notify the governor of the date on which all
rules and procedures are adopted.
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) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(4) was permitted under the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes); [or]
(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;
or
(6) was permitted under Chapter 2004, Occupations
Code.
SECTION 3. Section 47.06(f), Penal Code, is amended to read
as follows:
(f) It is a defense to prosecution under Subsection (a) or
(c) that the person owned, manufactured, transferred, or possessed
the gambling device, equipment, or paraphernalia for the sole
purpose of shipping it:
(1) to the premises of a licensed online poker
facility under Chapter 2004, Occupations Code, at which online
poker may be operated under the license; or
(2) to another jurisdiction where the possession or
use of the device, equipment, or paraphernalia was legal.
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) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes); or
(D) Chapter 2004, Occupations Code;
(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. Section 411.108, Government Code, is amended by
adding Subsection (a-2) and amending Subsection (b) to read as
follows:
(a-2) The Texas Lottery Commission is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person for whom the commission
may request criminal history record information under Chapter 2004,
Occupations Code.
(b) Criminal history record information obtained by the
commission under Subsection (a), [or] (a-1), or (a-2) may not be
released or disclosed to any person except on court order or as
provided by Subsection (c).
SECTION 6. Section 467.035(a), Government Code, is amended
to read as follows:
(a) The commission may not employ or continue to employ a
person who owns a financial interest in:
(1) a bingo commercial lessor, bingo distributor, or
bingo manufacturer; [or]
(2) a lottery sales agency or a lottery operator; or
(3) a licensed online poker facility under Chapter
2004, Occupations Code.
SECTION 7. (a) The change in law made by this Act to
Sections 47.02, 47.06, and 47.09, Penal Code, applies only to an
offense committed on or after the date on which the Texas Lottery
Commission, as required by Section 2004.004, Occupations Code, as
added by this Act, notifies the governor that the commission has
adopted rules and procedures to implement federal law. An offense
committed before that date 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.
(b) For purposes of this section, an offense was committed
before the date specified in Subsection (a) of this section if any
element of the offense occurred before that date.
SECTION 8. This Act takes effect on the date on which the
constitutional amendment proposed by the 83rd Legislature, Regular
Session, 2013, to authorize online poker gaming regulated under
federal law takes effect. If that amendment is not approved by the
voters, this Act has no effect.