Bill Text: TX SB1245 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to local option elections to legalize or prohibit the operation of eight-liners and the imposition of a fee on eight-liner owners; providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-16 - Referred to State Affairs [SB1245 Detail]

Download: Texas-2011-SB1245-Introduced.html

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82R5453 KYF-F
By: Zaffirini S.B. No. 1245

A BILL TO BE ENTITLED
AN ACT
relating to local option elections to legalize or prohibit the
operation of eight-liners and the imposition of a fee on
eight-liner owners; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 17, Election Code, is amended by adding
Chapter 502 to read as follows:
CHAPTER 502. LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 502.001. DEFINITION. In this chapter, "eight-liner"
has the meaning assigned by Section 47.01, Penal Code.
[Sections 502.002-502.020 reserved for expansion]
SUBCHAPTER B. MANNER OF CALLING ELECTION
Sec. 502.021. ELECTION TO BE HELD. On proper petition by
the required number of voters of a county or of a justice precinct
or municipality in the county, the commissioners court of the
county shall order a local option election in that political
subdivision to determine whether the operation of eight-liners
shall be legalized or prohibited in the political subdivision.
Sec. 502.022. QUALIFICATION FOR POLITICAL SUBDIVISION TO
HOLD ELECTION. A political subdivision may not hold a local option
election to legalize or prohibit the operation of eight-liners in
the political subdivision unless the political subdivision has been
in existence for at least 18 months.
Sec. 502.023. APPLICATION FOR PETITION. (a) On written
application of 10 or more qualified voters of any county or of a
justice precinct or municipality in the county that includes proof
of publication of the application in a newspaper of general
circulation in that political subdivision not earlier than the 30th
day before the date the petition is filed, the county clerk of the
county shall issue to the applicants a petition to be circulated
among and signed by the qualified voters of the political
subdivision requesting that a local option election be called to
determine whether the operation of eight-liners shall be legalized
or prohibited in the political subdivision.
(b) Not later than the fifth day after the date the petition
is issued, the county clerk shall notify the secretary of state that
the petition has been issued.
Sec. 502.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION
FOR PETITION TO LEGALIZE. (a) An application for a petition
requesting an election to legalize the operation of eight-liners
must include the heading: "Application for Local Option Election
Petition to Legalize the Operation of Eight-Liners."
(b) The application must contain the following statement of
the issue to be voted on, immediately preceding the signatures of
the applicants: "It is the purpose and intent of the applicants
whose signatures appear on this application to legalize the
operation of eight-liners in (name of political subdivision)."
Sec. 502.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION
FOR PETITION TO PROHIBIT. (a) An application for a petition
requesting an election to prohibit the operation of eight-liners
must include the heading: "Application for Local Option Election
Petition to Prohibit the Operation of Eight-Liners."
(b) The application must contain the following statement of
the issue to be voted on, immediately preceding the signatures of
the applicants: "It is the purpose and intent of the applicants
whose signatures appear on this application to prohibit the
operation of eight-liners in (name of political subdivision)."
Sec. 502.026. PETITION REQUIREMENTS. A petition must
include the date the petition is issued by the county clerk and be
serially numbered. Each page of the petition must bear the same
date and serial number and the actual seal of the county clerk
rather than a facsimile of that seal.
Sec. 502.027. HEADING AND STATEMENT ON PETITION TO
LEGALIZE. (a) Each page of the petition for a local option
election to legalize the operation of eight-liners must include the
heading: "Petition for Local Option Election to Legalize the
Operation of Eight-Liners."
(b) The petition must contain the following statement of the
issue to be voted on, immediately preceding the signatures of the
petitioners: "It is the purpose and intent of the petitioners whose
signatures appear on this petition to legalize the operation of
eight-liners in (name of political subdivision)."
Sec. 502.028. HEADING AND STATEMENT ON PETITION TO
PROHIBIT. (a) Each page of the petition for a local option
election to prohibit the operation of eight-liners must include the
heading: "Petition for Local Option Election to Prohibit the
Operation of Eight-Liners."
(b) The petition must contain the following statement of the
issue to be voted on, immediately preceding the signatures of the
petitioners: "It is the purpose and intent of the petitioners whose
signatures appear on this petition to prohibit the operation of
eight-liners in (name of political subdivision)."
Sec. 502.029. OFFENSE: MISREPRESENTATION OF PETITION. (a)
A person commits an offense if the person misrepresents the purpose
or effect of a petition issued under this chapter.
(b) An offense under this section is a Class B misdemeanor.
Sec. 502.030. COPIES OF PETITION. (a) The county clerk
shall provide the number of copies of the petition required by the
applicants provided the number of pages does not exceed one page for
every 10 registered voters of the county or of a justice precinct or
municipality in the county. Each copy must bear the date, number,
and seal on each page as required on the original petition.
(b) The county clerk shall keep a copy of each petition and a
record of the applicants for the petition.
Sec. 502.031. VERIFICATION OF PETITION. (a) The voter
registrar of the county shall check the names of the signers of
petitions and the voting precincts in which the signers reside to
determine whether the signers were qualified voters of the county
or of a justice precinct or municipality in the county at the time
the petition was issued. The registrar may use a statistical
sampling method to verify the signatures, except that on written
request from a citizen of the political subdivision for which an
election is sought, the registrar shall verify each signature on
the petition. The citizen requesting the verification shall pay
the reasonable cost of the verification. The registrar shall
certify to the commissioners court the number of qualified voters
signing the petition.
(b) A petition signature may not be counted unless:
(1) the signature is the actual signature of the
purported signer;
(2) the petition contains in addition to the
signature:
(A) the signer's printed name;
(B) the signer's date of birth;
(C) if the territory from which signatures must
be obtained is situated in more than one county, the county of
registration;
(D) the signer's residence address; and
(E) the date of signing; and
(3) the petition complies with any other applicable
requirements prescribed by law.
(c) The use of ditto marks or abbreviations does not
invalidate a signature if the required information is reasonably
ascertainable.
(d) The omission of the state from the signer's residence
address does not invalidate a signature unless the political
subdivision from which the signature is obtained is situated in
more than one state. The omission of the zip code from the address
does not invalidate a signature.
(e) The signature is the only entry on the petition that is
required to be in the signer's handwriting.
(f) A signer may withdraw the signer's signature by deleting
the signature from the petition or by filing with the voter
registrar an affidavit requesting that the signature be withdrawn
from the petition. A signer may not withdraw the signature from a
petition on or after the date the petition is received by the
registrar. A withdrawal affidavit filed by mail is considered to be
filed at the time of its receipt by the registrar. The withdrawal
of a signature nullifies the signature on the petition and places
the signer in the same position as if the signer had not signed the
petition.
Sec. 502.032. REQUIREMENTS TO ORDER ELECTION. (a) The
commissioners court, at its next regular session on or after the
30th day after the date the petition is filed, shall order a local
option election to be held on the issue set out in a petition that
complies with the requirements of Subsection (b).
(b) The petition must:
(1) be filed with the voter registrar not later than
the 60th day after the date the petition is issued; and
(2) bear the signatures of a number of qualified
voters of the political subdivision equal to at least 35 percent of
the registered voters of the subdivision who voted in the most
recent gubernatorial election.
(c) A voter whose name appears on the list of registered
voters with the notation "S," or a similar notation, shall be
excluded from the computation of the number of registered voters of
a particular territory.
Sec. 502.033. RECORD IN MINUTES. The commissioners court
shall enter in its minutes the date a petition is presented, the
names of the signers, and the action taken with respect to the
petition.
Sec. 502.034. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
The election order must state in its heading and text whether the
local option election to be held is for the purpose of legalizing or
prohibiting the operation of eight-liners as set out in the issue
recited in the application and petition.
(b) The order must state the issue to be voted on in the
election.
Sec. 502.035. BALLOT. The ballot in an election to legalize
or prohibit the operation of eight-liners shall be prepared to
permit voting for or against: "The legal operation of eight-liners
in (name of political subdivision)."
Sec. 502.036. EVIDENCE OF VALIDITY. The commissioners
court election order is prima facie evidence of compliance with all
provisions necessary to give the order validity or to give the
commissioners court jurisdiction to make the order valid.
Sec. 502.037. FREQUENCY OF ELECTIONS. A local option
election on a particular issue may not be held in a political
subdivision until after the first anniversary of the date of the
most recent local option election in that political subdivision on
that issue.
[Sections 502.038-502.100 reserved for expansion]
SUBCHAPTER C. HOLDING OF ELECTION
Sec. 502.101. APPLICABILITY OF ELECTION CODE. Except as
provided by this chapter, the officers holding a local option
election shall hold the election in the manner provided by this
code.
Sec. 502.102. ELECTION PRECINCTS. (a) County election
precincts shall be used for a local option election to be held in an
entire county or in a justice precinct.
(b) Election precincts established by the governing body of
the municipality for its municipal elections shall be used for a
local option election to be held in a municipality. If the
governing body has not established precincts for its municipal
elections, the commissioners court shall prescribe the election
precincts for the local option election under the law governing
establishment of precincts for municipal elections.
Sec. 502.103. ISSUE ON BALLOT. (a) The issue ordered to
appear on the ballot for an election ordered by the commissioners
court must be the same as the issue applied for and set out in the
petition.
(b) The ballot must include the language required under
Section 502.035.
Sec. 502.104. COUNTY PAYMENT OF ELECTION EXPENSES. The
county shall pay the expense of holding a local option election
authorized by this chapter in the county or in a justice precinct or
municipality in the county except that:
(1) if an election is to be held only within the
corporate limits of a municipality located wholly within the
county, the county may require the municipality to reimburse the
county for all or part of the expenses of holding the local option
election;
(2) county payment of the expense of an election to
legalize the operation of eight-liners is limited to the holding of
one election in a political subdivision during a one-year period;
and
(3) county payment of the expense of an election to
prohibit the operation of eight-liners is limited to the holding of
one election in a political subdivision during a one-year period.
Sec. 502.105. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS;
OFFENSE. (a) If a county is not required to pay the expense of a
local option election under Section 502.104, the county clerk shall
require the applicants for a petition for a local option election to
make a deposit before the issuance of the petition.
(b) The deposit must be in the form of a cashier's check in
an amount equal to 25 cents per voter listed on the current list of
registered voters residing in the county or in a justice precinct or
municipality in the county where the election is to be held.
(c) The money received shall be deposited in the county's
general fund. A refund may not be made to the applicants regardless
of whether the petition is returned to the county clerk or the
election is ordered.
(d) The county clerk may not issue a petition to the
applicants unless a deposit required by this chapter is made.
(e) A person who violates Subsection (d) commits an offense.
An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not less than $200 nor more than $500;
(2) confinement in the county jail for not more than 30
days; or
(3) both the fine and confinement.
Sec. 502.106. ELECTION IN CERTAIN MUNICIPALITIES. (a)
This section applies only to an election to legalize or prohibit the
operation of eight-liners in a municipality that is located in more
than one county.
(b) An election to which this section applies shall be
conducted by the municipality instead of the counties. For the
purposes of an election conducted under this section, a reference
in this chapter to:
(1) the county is considered to refer to the
municipality;
(2) the commissioners court is considered to refer to
the governing body of the municipality;
(3) the county clerk or voter registrar is considered
to refer to the secretary of the municipality or, if the
municipality does not have a secretary, to the person performing
the functions of a secretary of the municipality; and
(4) the county judge is considered to refer to the
mayor of the municipality or, if the municipality does not have a
mayor, to the presiding officer of the governing body of the
municipality.
(c) The municipality shall pay the expense of the election.
(d) An action to contest the election under Section 502.155
may be brought in the district court of any county in which the
municipality is located.
[Sections 502.107-502.150 reserved for expansion]
SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
Sec. 502.151. DECLARATION OF RESULT. (a) On completing the
canvass of the election returns, the commissioners court shall
issue an order declaring the election result, and the clerk of the
commissioners court shall record the order as provided by law.
(b) In a legalization election, if a majority of the votes
cast favor legalizing the operation of eight-liners in the
political subdivision, the operation of eight-liners within the
boundaries of the political subdivision is legal on the entering of
the court's order. The legalization remains in effect until
changed by a subsequent local option election held under this code.
(c) In a prohibitory election, if a majority of the votes
cast do not favor the legal operation of eight-liners in the
political subdivision, the court's order must state that the
operation of eight-liners within the boundaries of the political
subdivision is prohibited effective on the 30th day after the date
the order is entered. The prohibition remains in effect until
changed by a subsequent local option election held under this
chapter.
(d) The local option status of a political subdivision does
not change as a result of the election if:
(1) in an election described by Subsection (c), less
than a majority of the votes cast do not favor the issue; and
(2) in an election described by Subsection (b), less
than a majority of the votes cast favor the issue.
Sec. 502.152. ORDER PRIMA FACIE EVIDENCE. The order of the
commissioners court declaring an election result is prima facie
evidence that all provisions of law have been complied with in
giving notice of and holding the election, counting and returning
the votes, and declaring the result of the election.
Sec. 502.153. CERTIFICATION OF RESULT. Not later than the
third day after the date the result of a local option election has
been declared, the county clerk shall certify the result to the
secretary of state. The clerk may not charge a fee for this
service.
Sec. 502.154. POSTING ORDER PROHIBITING OPERATION. (a) A
commissioners court order declaring the result of a local option
election and prohibiting the operation of eight-liners within the
boundaries of a political subdivision must be published by posting
the order at three public places in the political subdivision in
which the election was held.
(b) The posting of the order shall be recorded in the
minutes of the commissioners court by the county judge. The entry
in the minutes or a copy certified under the hand and seal of the
county clerk is prima facie evidence of the posting.
Sec. 502.155. ELECTION CONTEST. (a) The enforcement of
local option laws in the political subdivision in which an election
is being contested is not suspended during an election contest.
(b) The result of an election contest finally settles all
questions relating to the validity of that election. A person may
not call the legality of that election into question again in any
other suit or proceeding.
(c) If an election contest is not timely instituted, it is
conclusively presumed that the election is valid and binding in all
respects on all courts.
[Sections 502.156-502.200 reserved for expansion]
SUBCHAPTER E. MISCELLANEOUS LOCAL OPTION PROVISIONS
Sec. 502.201. LOCAL OPTION STATUS OF AREA. (a) In a
criminal prosecution, all trial courts of this state shall take
judicial notice of whether the operation of eight-liners is legal
or prohibited in an area.
(b) In an information, complaint, or indictment, an
allegation that the operation of eight-liners is prohibited in an
area is sufficient, but a different status of the area may be urged
and proved as a defense.
Sec. 502.202. CHANGE OF STATUS. Except as provided in
Section 502.203, an authorized voting unit that has exercised or
may exercise the right of local option retains the status adopted
until that status is changed by a subsequent local option election
in the same authorized voting unit.
Sec. 502.203. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
To ensure that each voter has the maximum possible control over the
status of the operation of eight-liners in the area where the voter
resides:
(1) the status that resulted from or is the result of a
duly called election for a municipality prevails against the status
that resulted from or is the result of an election in a justice
precinct or county in which the municipality or any part of the
municipality is contained; and
(2) the status that resulted from or is the result of
an election for a justice precinct prevails against the status that
resulted from or is the result of an election in a municipality in
which the justice precinct is wholly contained or in a county in
which the justice precinct is located.
Sec. 502.204. CHANGE IN PRECINCT BOUNDARIES. (a) When a
local option status is in effect as the result of the vote in a
justice precinct, the status shall remain in effect until the
status is changed as the result of a vote in the same territory that
constituted the precinct when the status was established. If the
boundaries of the justice precinct have changed since the status
was established, the commissioners court shall, for purposes of a
local option election, define the boundaries of the original
precinct. A local option election may be held within the territory
defined by the commissioners court as constituting the original
precinct.
(b) Nothing in this section is intended to affect the
operation of Section 502.203.
(c) Section 502.104, relating to the payment of local option
election expenses, applies to elections held in a territory that is
defined in accordance with Subsection (a).
SECTION 2. Section 2153.002, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivision (2-a) to read as
follows:
(1) "Coin-operated machine" means any kind of machine
or device operated by or with a coin or other United States
currency, metal slug, token, electronic card, or check, including a
music or skill or pleasure coin-operated machine. The term does not
include an eight-liner.
(2-a) "Eight-liner" has the meaning assigned by
Section 47.01, Penal Code.
SECTION 3. Chapter 2153, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. FEE ON EIGHT-LINERS
Sec. 2153.501. IMPOSITION OF FEE. (a) A fee is imposed on
each eight-liner that an owner exhibits or displays, or permits to
be exhibited or displayed, in this state.
(b) The amount of the fee is $350 per year.
Sec. 2153.502. EXEMPTION. The fee imposed under this
subchapter does not apply to an owner of an eight-liner if the owner
possesses the eight-liner for resale only.
Sec. 2153.503. PRORATED FEE. The fee on an eight-liner
first exhibited or displayed in this state after March 31 of any
year is one-fourth of the amount imposed under Section 2153.501 for
each quarter or partial quarter of the calendar year remaining
after the date the owner first exhibits or displays the
eight-liner.
Sec. 2153.504. COLLECTION. (a) The comptroller shall
collect the fee.
(b) In collecting the fee, the comptroller may:
(1) collect the fee on a quarterly basis;
(2) establish procedures for quarterly collection of
the fee; and
(3) establish dates on which the fee payment is due.
(c) An owner required to pay a fee under this section shall
pay the fee to the comptroller by cashier's check or money order.
Sec. 2153.505. ALLOCATION OF REVENUE. (a) The comptroller
shall deposit 30 percent of each fee collected under this
subchapter to the credit of the general revenue fund.
(b) For an eight-liner located in a municipality, the
comptroller shall remit 70 percent of the fee collected under this
subchapter to the municipality in which the eight-liner is located.
(c) For an eight-liner located outside a municipality, the
comptroller shall remit 70 percent of the fee collected under this
subchapter to the county in which the eight-liner is located.
(d) The comptroller shall remit fee revenue to a
municipality or county under this section as soon as feasible after
collecting the fee.
Sec. 2153.506. REFUND OR CREDIT PROHIBITED. The comptroller
may not refund or assign credit for the fee imposed under this
subchapter to an owner who ceases to exhibit or display an
eight-liner before the end of the calendar year for which the fee is
imposed.
Sec. 2153.507. FEE PERMIT. (a) The comptroller shall issue
a fee permit to an owner who pays the fee.
(b) The comptroller may issue a duplicate fee permit to an
owner if the owner's fee permit is lost, stolen, or destroyed. The
fee for a duplicate permit is $5.
(c) A fee permit shall be securely attached to the
eight-liner for which the permit is issued in a manner that requires
the continued application of steam and water to remove the permit.
Sec. 2153.508. APPLICABILITY OF TAX CODE. Subtitle B, Title
2, Tax Code, applies to the administration, collection, and
enforcement of taxes, penalties, and interest under this
subchapter.
SECTION 4. Section 47.01, Penal Code, is amended by
amending Subdivisions (4) and (9) and adding Subdivisions (10),
(11), and (12) to read as follows:
(4) "Gambling device" means any device [electronic,
electromechanical, or mechanical contrivance not excluded under
Paragraph (B)] that for [a] consideration affords the player or
user of the device an opportunity to obtain any thing [anything] of
value, the award of which is determined solely or partially by
chance, even though accompanied by some skill[, whether or not the
prize is automatically paid by the contrivance]. The term[:
[(A)] includes, but is not limited to, a gambling
device version [versions] of bingo, keno, blackjack, lottery,
roulette, video poker, or similar electronic, electromechanical,
or mechanical games, or a facsimile of any of those games
[facsimiles thereof], that:
(A) operates solely or partially [operate] by
chance;
(B) [or partially so, that] as a result of the
play or use [operation] of the game, awards [award] credits or free
games; [,] and
(C) records [that record] the number of free
games or credits [so] awarded and the cancellation or removal of the
free games or credits[; and
[(B) does not include any electronic,
electromechanical, or mechanical contrivance designed, made, and
adapted solely for bona fide amusement purposes if the contrivance
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 is less].
(9) "Thing of value" means any property, money, right,
privilege, or other benefit, including a representation of value
redeemable for any property, money, right, privilege, or other
benefit [but does not include an unrecorded and immediate right of
replay not exchangeable for value].
(10) "Device" includes all or part of an electronic,
electromechanical, or mechanical contrivance, machine, or
apparatus.
(11) "Eight-liner" means an electronic device capable
of simulating the play of a traditional mechanical slot machine, or
one-armed bandit, regardless of the number of lines of play, that
for the payment of consideration affords a player of the device an
opportunity to win a prize based solely or partially on chance, if
the prize from a single play of the game consists of:
(A) cash in an amount of $1,500 or less; or
(B) noncash merchandise, or a representation of
value redeemable for noncash merchandise, that has a wholesale
value of $1,500 or less.
(12) "Bona fide amusement device" means a device on
which an amusement game or other activity can be played or conducted
for consideration, for which skill is the predominating requirement
for a player of the game to win or be awarded a thing of value. The
term does not include:
(A) an eight-liner; or
(B) an electronic, electromechanical, or
mechanical version of bingo, keno, blackjack, lottery, roulette,
video poker, or a similar game, or a facsimile of any of those
games, that operates solely or partially by chance.
SECTION 5. 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) consisted entirely of operating an eight-liner in
an area in which the operation of eight-liners has been legalized by
a local option election under Chapter 502, Election Code.
SECTION 6. Section 47.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
more than $1,500 but less than $20,000;
(2) a felony of the third degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is at
least $20,000 but less than $100,000; or
(3) a felony of the second degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
$100,000 or more.
SECTION 7. Section 47.04(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
more than $1,500 but less than $20,000;
(2) a felony of the third degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is at
least $20,000 but less than $100,000; or
(3) a felony of the second degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
$100,000 or more.
SECTION 8. Section 47.06(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
more than $1,500 but less than $20,000;
(2) a felony of the third degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is at
least $20,000 but less than $100,000; or
(3) a felony of the second degree if:
(A) the offense involves a device described by
Section 47.01(11) other than the monetary prize limits provided by
Sections 47.01(11)(A) and (B); and
(B) the prize for a single play of the game is
$100,000 or more.
SECTION 9. 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);
(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; or
(4) consisted entirely of operating an eight-liner in
an area in which the operation of eight-liners has been legalized by
a local option election under Chapter 502, Election Code.
SECTION 10. Chapter 47, Penal Code, is amended by adding
Section 47.091 to read as follows:
Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
It is an affirmative defense to prosecution under Section 47.02
that:
(1) the conduct consists entirely of the play or use of
a bona fide amusement device; and
(2) the player or user may not win or be awarded a
thing of value for playing or using the device other than:
(A) noncash merchandise available only on the
premises where the device is located; or
(B) a ticket, coupon, or other representation of
value redeemable only on the premises where the device is located
for noncash merchandise.
(b) For purposes of Subsection (a):
(1) the noncash merchandise or representation of value
redeemable for noncash merchandise that may be won or awarded for a
single play of a game or use of the device may not have a wholesale
value of more than the lesser of:
(A) 10 times the amount charged for the single
play or use; or
(B) $5; and
(2) an item of noncash merchandise that may be won or
awarded for playing or using the device or for which a person may
redeem one or more tickets, coupons, or other representations of
value won or awarded for playing or using the device may not have a
wholesale value of more than $50.
(c) It is an affirmative defense to prosecution under
Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
necessary incident to offering, using, or maintaining one or more
bona fide amusement devices used exclusively for conduct for which
Subsection (a) provides an affirmative defense to a person playing
or using the device, including the manufacturing, transporting,
storing, or repairing of the device.
SECTION 11. Section 47.02(e), Penal Code, is repealed.
SECTION 12. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 13. (a) This Act takes effect only if the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, authorizing local option elections to legalize or
prohibit the operation of eight-liners takes effect. If that
amendment is not approved by the voters, this Act has no effect.
(b) Subject to Subsection (a) of this section:
(1) Sections 1, 2, and 4 through 12 of this Act take
effect on the date on which the constitutional amendment described
by Subsection (a) of this section takes effect; and
(2) Section 3 of this Act takes effect January 1, 2012.