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.