88R6414 BEE-F     By: Miles S.B. No. 2100       A BILL TO BE ENTITLED   AN ACT   relating to defenses to prosecution of the criminal offenses of   gambling, keeping a gambling place, and possession of a gambling   device, equipment, or paraphernalia and county regulation of poker   clubs; providing civil penalties; authorizing an occupational   license; authorizing a fee; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 234, Local Government Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. POKER CLUBS          Sec. 234.161.  DEFINITIONS. In this subchapter:                (1)  "Operator" means an individual who:                      (A)  operates a cash register, cash drawer, or   other depository on the premises of a poker club or of a business at   which is kept the money earned, or any credit card or other credit   transaction records generated, from the operation of and activities   conducted in a poker club;                      (B)  displays, delivers, or provides to a poker   club member merchandise, goods, entertainment, or other services   offered on the poker club premises;                      (C)  accepts orders from a poker club member for   merchandise, goods, entertainment, or other services offered on the   poker club premises;                      (D)  acts as a door attendant to regulate entry of   members or other individuals into a poker club; or                      (E)  supervises or manages other individuals at a   poker club in the performance of an activity listed in this   subdivision.                (2)  "Poker club" means a private for-profit business   that contains one or more poker gaming tables.                (3)  "Poker club owner" means a person who:                      (A)  has an ownership interest in, or receives the   profits from, a poker club;                      (B)  is a partner, director, or officer of a   business, including a company or corporation, that has an ownership   interest in a poker club;                      (C)  is a shareholder who holds more than 10   percent of the outstanding shares of a business, including a   company or corporation, that has an ownership interest in a poker   club;                      (D)  has been issued by the county clerk an   assumed name certificate for a business that owns a poker club;                      (E)  signs a lease for a poker club;                      (F)  opens an account for utilities for a poker   club;                      (G)  receives a certificate of occupancy or   certificate of compliance for a poker club;                      (H)  pays for advertising for a poker club; or                      (I)  signs an alarm permit for a poker club.                (4)  "Poker game" means a card game in which:                      (A)  a poker club member physically present at the   poker club places a bet based on the highest or lowest ranking hand   of cards the member holds or on a combination of highest and lowest   cards the member holds;                      (B)  each member participating in the game has an   opportunity to benefit from personal winnings; and                      (C)  except for the advantage of skill or luck,   the risks of losing and the chances of winning are the same for all   members participating in the game.                (5)  "Poker gaming table" means a recreational table at   which poker club members participate in a live poker game. The term   does not include a table that offers any video, mechanical,   electronic, or online version of a poker game.          Sec. 234.162.  AUTHORITY TO REGULATE; CONFLICT OF   REGULATIONS. (a) To promote the public health, safety, and   welfare, the commissioners court of a county may regulate the   operation of poker clubs and may:                (1)  restrict the location of poker clubs to specified   areas of the county, including the unincorporated area of the   county;                (2)  prohibit a poker club location within the   specified distance the commissioners court prescribes of a school,   regular place of religious worship, or residential neighborhood; or                (3)  restrict the number of poker clubs that may   operate in a specified area of the county.          (b)  To the extent of a conflict between a county order or   regulation adopted under this subchapter and a municipal ordinance,   the county order prevails.          Sec. 234.163.  LICENSE REQUIREMENT. (a) A county may   require a poker club owner or operator to obtain a license or renew   a license on a periodic basis to own or operate a poker club in the   county. An application for a license must be made in accordance   with regulations the county adopts.          (b)  Regulations adopted under this section may establish   qualifications for a poker club owner or operator and provide for   the denial, suspension, or revocation of a license for violations   of this subchapter and any regulation or order adopted under this   subchapter.          (c)  A district court in the county has jurisdiction of a   suit that arises from the county's denial, suspension, or   revocation of a license.          Sec. 234.164.  FEES. A county may impose a fee on an   applicant for a license or renewal of a license required under this   subchapter. The fee must be based on the cost of processing the   application and investigating the applicant.          Sec. 234.165.  INSPECTION. A county employee may inspect a   business in the county that contains one or more poker gaming tables   to determine whether the business is in compliance with this   subchapter and regulations and orders adopted under this   subchapter.          Sec. 234.166.  INJUNCTION; CIVIL PENALTY. (a) A county may   apply to a district court for an injunction to prevent the violation   or threatened violation of a regulation or order adopted under this   subchapter.          (b)  A person who violates a regulation or order adopted   under this subchapter 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. 234.167.  CRIMINAL PENALTY. (a) A person commits an   offense if the person intentionally or knowingly operates a poker   club in violation of a regulation or order adopted under Section   234.162.          (b)  An offense under this section is a Class A misdemeanor.          Sec. 234.168.  CUMULATIVE EFFECT. Authority under this   subchapter is cumulative of other authority a county is granted to   regulate poker clubs and does not limit that authority.          Sec. 234.169.  EFFECT ON OTHER LAWS. (a) This subchapter   does not legalize any activity prohibited under the Penal Code or   other state law.          (b)  A person who is subject to prosecution under Section   234.167 and any other law may be prosecuted under either or both   laws.          SECTION 2.  Section 47.01(8), Penal Code, is amended to read   as follows:                (8)  "Private residence [place]" means a dwelling   [place] to which the public does not have access, and excludes,   among other places, streets, highways, restaurants, taverns,   nightclubs, schools, hospitals, and the common areas of apartment   houses, hotels, motels, office buildings, transportation   facilities, and shops.          SECTION 3.  Section 47.02(b), Penal Code, is amended to read   as follows:          (b)  It is a defense to prosecution under this section that:                (1)  the actor engaged in gambling in:                      (A)  a private residence [place]; or                      (B)  a poker club, as defined by Section 234.161,   Local Government Code:                            (i)  located in and licensed by:                                  (a)  a county that regulates poker   clubs under Subchapter F, Chapter 234, Local Government Code, and   operated in accordance with that subchapter and the county's   regulations; or                                  (b)  a municipality that regulates   poker clubs and operated in accordance with the municipality's   regulations; or                            (ii)  located in a county or municipality   that does not regulate poker clubs;                (2)  no person received any economic benefit other than   personal winnings; and                (3)  except for the advantage of skill or luck, the   risks of losing and the chances of winning were the same for all   participants.          SECTION 4.  Section 47.04(b), Penal Code, is amended to read   as follows:          (b)  It is an affirmative defense to prosecution under this   section that:                (1)  the gambling occurred in:                      (A)  a private residence [place]; or                      (B)  a poker club, as defined by Section 234.161,   Local Government Code:                            (i)  located in and licensed by:                                  (a)  a county that regulates poker   clubs under Subchapter F, Chapter 234, Local Government Code, and   operated in accordance with that subchapter and the county's   regulations; or                                  (b)  a municipality that regulates   poker clubs and operated in accordance with the municipality's   regulations; or                            (ii)  located in a county or municipality   that does not regulate poker clubs;                (2)  no person received any economic benefit other than   personal winnings; and                (3)  except for the advantage of skill or luck, the   risks of losing and the chances of winning were the same for all   participants.          SECTION 5.  Section 47.06(d), Penal Code, is amended to read   as follows:          (d)  It is a defense to prosecution under Subsections (a) and   (c) that:                (1)  the device, equipment, or paraphernalia is used   for or is intended for use in gambling that is to occur entirely in:                      (A)  a private residence [place]; or                      (B)  a poker club, as defined by Section 234.161,   Local Government Code:                            (i)  located in and licensed by:                                  (a)  a county that regulates poker   clubs under Subchapter F, Chapter 234, Local Government Code, and   operated in accordance with that subchapter and the county's   regulations; or                                  (b)  a municipality that regulates   poker clubs and operated in accordance with the municipality's   regulations; or                            (ii)  located in a county or municipality   that does not regulate poker clubs;                (2)  a person involved in the gambling does not receive   any economic benefit other than personal winnings; and                (3)  except for the advantage of skill or luck, the   chance of winning is the same for all participants.          SECTION 6.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act 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. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 7.  This Act takes effect September 1, 2023.