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A BILL TO BE ENTITLED
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AN ACT
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relating to the information reported to the comptroller by a |
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coin-operated machine license holder, the penalty for failure to |
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report that information, and the penalty for gambling promotion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2153.202, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A license holder shall maintain a record of and report |
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to the comptroller information relating to each music or skill or |
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pleasure coin-operated machine owned, possessed, or controlled by |
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the license holder, including: |
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(1) the make, type, and serial number of each machine; |
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(2) the date each machine is placed in operation; |
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(3) the dates of the first and most recent |
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registration of each machine; |
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(4) the specific location of each machine; [and] |
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(5) the name and address of the owner of the machine; |
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(6) except as provided by Subsection (a-1), the name |
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and address of any person other than the owner who has a financial |
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interest in the proceeds of the machine; and |
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(7) any change in machine ownership. |
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(a-1) A corporate license holder is not required to maintain |
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a record of or report the name and address of a shareholder who |
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holds less than 10 percent of the shares in the license holder's |
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corporation. |
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SECTION 2. Section 2153.358(b), Occupations Code, is |
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amended to read as follows: |
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(b) An offense under this section is a Class A [B] |
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misdemeanor. |
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SECTION 3. Section 47.03(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a state jail felony |
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[Class A misdemeanor]. |
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SECTION 4. Section 71.02(a), Penal Code, as amended by |
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Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a felony or as a |
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Class A misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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[or] |
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(17) any offense under Section 20.05; or |
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(18) [(17)] any offense classified as a felony under |
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the Tax Code. |
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SECTION 5. (a) The change in law made by this Act to Section |
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2153.202, Occupations Code, applies to a record maintained or |
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reported under that section on or after the effective date of this |
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Act. |
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(b) The changes in law made by this Act to Section 2153.358, |
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Occupations Code, and Sections 47.03 and 71.02, Penal Code, apply |
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only to an offense committed on or after the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this subsection, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |