reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter C. Operation of Amusement Rides › Section 2151.107. Exception for Certain Challenge Courses Meeting Insurance Requirement

Sec. 2151.107.  EXCEPTION FOR CERTAIN CHALLENGE COURSES MEETING INSURANCE REQUIREMENT.  (a)  In this section, "challenge course" means a challenge, ropes, team building, or obstacle course, which may include logs, tires, platforms, beams, bridges, poles, ropes, ladders, nets, climbing walls, rock climbing walls, climbing towers, traverses, rock climbing devices, cables, swings, or zip lines, that is constructed and used for educational, team and confidence building, or physical fitness purposes.
(b)  A challenge course or any part of a challenge course is not considered an amusement ride subject to regulation under this chapter if the person who operates the challenge course has a combined single limit or split limit insurance policy currently in effect written by an insurance company authorized to do business in this state or by a surplus lines insurer, as defined by Chapter 981, Insurance Code, or has an independently procured policy subject to Chapter 101, Insurance Code, insuring the operator against liability for injury to persons arising out of the use of the challenge course in an amount of at least:
(1)  for a challenge course with a fixed location:
(A)  $100,000 bodily injury and $50,000 property damage per occurrence with a $300,000 annual aggregate; or
(B)  a $150,000 per occurrence combined single limit with a $300,000 annual aggregate; and
(2)  for a challenge course other than one with a fixed location:
(A)  $1,000,000 bodily injury and $500,000 property damage per occurrence; or
(B)  $1,500,000 per occurrence combined single limit.
Added by Acts 2005, 79th Leg., Ch. 598 (H.B. 1892), Sec. 1, eff. June 17, 2005.
Added by Acts 2005, 79th Leg., Ch. 1146 (H.B. 2879), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter D. Enforcement Provisions › Section 2151.151. Injunction

Sec. 2151.151.  INJUNCTION.  The district attorney of a county in which an amusement ride is operated or, on request of the commissioner of insurance, the attorney general or an agent of the attorney general, may seek an injunction against a person operating an amusement ride in violation of this chapter or in violation of a rule adopted by the commissioner under Section 2151.1021 or 2151.105.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.704(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter D. Enforcement Provisions › Section 2151.152. Other Enforcement Actions

Sec. 2151.152.  OTHER ENFORCEMENT ACTIONS.  (a)  A municipal, county, or state law enforcement official may determine compliance with a provision of Subchapter C, other than Section 2151.104, in conjunction with the commissioner and may institute an action in a court of competent jurisdiction to enforce this chapter.
(b)  A municipal, county, or state law enforcement official may enter and inspect without notice any amusement ride at any time to ensure public safety.
(c)  The operator of an amusement ride shall immediately provide the inspection certificate and the insurance policy required by Section 2151.101 to a municipal, county, or state law enforcement official requesting the information.  A photocopy of the inspection certificate or insurance policy may be provided instead of the certificate or policy.
(d)  Performance or nonperformance by a municipal, county, or state law enforcement official of any action authorized by this chapter is a discretionary act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter D. Enforcement Provisions › Section 2151.1526. Prohibition of Mobile Amusement Ride Operation

Sec. 2151.1526.  PROHIBITION OF MOBILE AMUSEMENT RIDE OPERATION.  (a)  Except as provided by Subsection (b) or (c), a mobile amusement ride on which a death occurs may not be operated.
(b)  If a mobile amusement ride was in compliance with Section 2151.101 when its operation was initially prohibited under Subsection (a), a person may resume operating the mobile amusement ride only after an insurance company insuring the amusement ride on the date its operation was prohibited:
(1)  reinspects the amusement ride in the same manner required under Section 2151.101;  and
(2)  delivers to the commissioner or the commissioner's designee a reinspection certificate:
(A)  stating that the required reinspection has occurred;
(B)  stating that the amusement ride meets coverage standards and is covered by insurance in compliance with Section 2151.101;  and
(C)  explaining the necessary repairs, if any, that have been made to the amusement ride after its operation was prohibited.
(c)  If a mobile amusement ride was not in compliance with Section 2151.101 when its operation was initially prohibited under Subsection (a), a person may resume operating the mobile amusement ride only after the person subsequently complies with Section 2151.101.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter D. Enforcement Provisions › Section 2151.1527. Relief From Prohibition Order

Sec. 2151.1527.  RELIEF FROM PROHIBITION ORDER.  The owner or operator of the amusement ride may file suit for relief from a prohibition under Section 2151.1525 or 2151.1526 in a district court in the county in which the amusement ride was located when the prohibition against operation occurred.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.705(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2151 - Regulation of Amusement Rides › Subchapter D. Enforcement Provisions › Section 2151.153. Criminal Penalties

Sec. 2151.153.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person fails to comply with any requirement of:
(1)  Section 2151.101, 2151.102, 2151.103, 2151.1525(b), (c), or (d), or 2151.1526(a);  or
(2)  a rule adopted by the commissioner under Section 2151.1021 or 2151.105.
(b)  A person commits an offense if the person:
(1)  is a sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public;  and
(2)  does not provide the information required under Section 2151.053 or provides false information under Section 2151.053.
(c)  An offense under this section is a Class B misdemeanor.
(d)  Each day a violation of this chapter is committed constitutes a separate offense.
(e)  The prosecuting attorney in a case in which a person is convicted of an offense under this section shall report the offense to the department not later than the 90th day after the date of the conviction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.706(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.001. Purpose

Sec. 2153.001.  PURPOSE.  The purpose of this chapter is to provide comprehensive and uniform statewide regulation of music and skill or pleasure coin-operated machines.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.002. Definitions

Sec. 2153.002.  DEFINITIONS.  In this chapter:
(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.
(2)  "Commissioner" means the Consumer Credit Commissioner.
(3)  "Financial interest" includes a legal or equitable interest, including the ownership of shares or bonds of a corporation.
(4)  "Music coin-operated machine" means any kind of coin-operated machine, including a phonograph, piano, or graphophone, that:
(A)  dispenses music or is used to dispense music;
(B)  is operated by inserting a coin, metal slug, token, or check;  and
(C)  is not an amusement machine designed exclusively for a child.
(5)  "Operator" means a person who exhibits or displays, or permits to be exhibited or displayed, a coin-operated machine in this state in a place of business that is not owned by the person.
(6)  "Owner" means a person who owns a coin-operated machine in this state.
(7)  "Person" includes an individual, association, trustee, receiver, partnership, corporation, or organization or a manager, agent, servant, or employee of an individual, association, trustee, receiver, partnership, corporation, or organization.
(8)  "Service coin-operated machine" means any kind of machine or device, including a pay toilet or telephone, that dispenses only a service.  The term does not include a machine or device that dispenses merchandise, music, skill, or pleasure.
(9)  "Skill or pleasure coin-operated machine" means any kind of coin-operated machine that dispenses, or is used or is capable of being used to dispense or afford, amusement, skill, or pleasure or is operated for any purpose, other than for dispensing only merchandise, music, or service.  The term:
(A)  includes a marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure;  and
(B)  does not include an amusement machine designed exclusively for a child.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 79, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.003. Construction of Chapter Consistent With Other Law

Sec. 2153.003.  CONSTRUCTION OF CHAPTER CONSISTENT WITH OTHER LAW.  This chapter does not authorize or permit the keeping, exhibition, operation, display, or maintenance of a machine, device, or table prohibited by the constitution of this state or the Penal Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.004. Exempt Machines

Sec. 2153.004.  EXEMPT MACHINES.  This chapter does not apply to:
(1)  a stamp vending machine;
(2)  a service coin-operated machine;  or
(3)  if subject to an occupation or gross receipts tax, a:
(A)  gas meter;
(B)  food vending machine;
(C)  confection vending machine;
(D)  beverage vending machine;
(E)  merchandise vending machine;  or
(F)  cigarette vending machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.005. Exempt Corporations and Associations

Sec. 2153.005.  EXEMPT CORPORATIONS AND ASSOCIATIONS.  (a)  A corporation or association owning, leasing, or renting a music or skill or pleasure coin-operated machine is exempt from Subchapter D if:
(1)  the corporation or association is organized and operated exclusively for religious, charitable, educational, or benevolent purposes;
(2)  the corporation's or association's net earnings do not inure to the benefit of a private shareholder or individual;  and
(3)  the corporation or association owns, leases, or rents the coin-operated machine:
(A)  for the corporation's or association's exclusive use;  and
(B)  to further a purpose of the corporation or association.
(b)  A tax may not be assessed against a corporation or an association exempt under this section if assessment of the tax is prohibited by other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.006. Private Ownership Exempt

Sec. 2153.006.  PRIVATE OWNERSHIP EXEMPT.  An individual who owns a music or skill or pleasure coin-operated machine for personal use and amusement in the individual's private residence is not required to obtain a license or pay a tax under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.007. Exempt Common Carriers

Sec. 2153.007.  EXEMPT COMMON CARRIERS.  A person subject to regulation by the Railroad Commission of Texas is not required to obtain a license under this chapter if the person transports or stores in the course of the person's business a music or skill or pleasure coin-operated machine not owned by the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter A. General Provisions › Section 2153.008. Exempt Owners or Exhibitors

Sec. 2153.008.  EXEMPT OWNERS OR EXHIBITORS.  A person who owns or exhibits a coin-operated machine is exempt from the licensing and recordkeeping requirements of this chapter if the person:
(1)  operates or exhibits the coin-operated machine only on premises occupied by the person and in connection with the person's business;
(2)  does not own a coin-operated machine subject to the tax imposed under this chapter and located on the business premises of another person;  and
(3)  does not have a direct or indirect financial interest in the music or skill or pleasure coin-operated machine industry, except for ownership of the coin-operated machine operated or exhibited on premises occupied by the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.051. General Duties of Comptroller

Sec. 2153.051.  GENERAL DUTIES OF COMPTROLLER.  (a)  The comptroller shall administer this chapter.
(b)  To administer this chapter, the comptroller may:
(1)  issue a license or registration certificate;
(2)  prescribe procedures for registering music and skill or pleasure coin-operated machines;
(3)  prescribe methods for:
(A)  securely attaching a tax permit to a coin-operated machine;  and
(B)  posting a license or registration certificate;
(4)  prescribe the form and content of a:
(A)  license application;
(B)  registration certificate;
(C)  tax permit;
(D)  report specifying a coin-operated machine's location;  and
(E)  report of the consideration of each party to a contract relating to the placement of a coin-operated machine in an establishment owned by a person other than the license holder;  and
(5)  disclose confidential information to an appropriate official.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.052. Rulemaking Authority

Sec. 2153.052.  RULEMAKING AUTHORITY.  The comptroller may adopt rules necessary to administer this chapter, including rules:
(1)  for enforcement of this chapter and collection of taxes and fees;
(2)  providing due process to persons affected by this chapter;  and
(3)  governing procedure and evidence in the conduct of hearings under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.053. Disciplinary Authority

Sec. 2153.053.  DISCIPLINARY AUTHORITY.  (a)  The comptroller may:
(1)  conduct an investigation, hold a hearing, or take other necessary action to:
(A)  ensure compliance with this chapter;  or
(B)  identify a violation of this chapter;
(2)  conduct an investigation of a violation of this chapter, or a rule adopted under this chapter, committed by a person who owns, operates, exhibits, or displays a coin-operated machine in this state;
(3)  deny an application for a license or registration certificate in accordance with Subchapter G;  or
(4)  impose sanctions, including suspending or revoking a person's license, registration certificate, or tax permit in accordance with Subchapter G.
(b)  If the comptroller finds that a person has violated a penal provision of this chapter, the comptroller may file a complaint with the appropriate prosecuting attorney in the county in which the violation occurred.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.054. Records of Complaints

Sec. 2153.054.  RECORDS OF COMPLAINTS.  (a)  The comptroller shall maintain an information file about each complaint filed with the comptroller.
(b)  If a written complaint is filed with the comptroller, the comptroller, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless notice would jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.055. Public Interest Information

Sec. 2153.055.  PUBLIC INTEREST INFORMATION.  (a)  The comptroller shall prepare information of consumer interest describing the regulatory functions of the comptroller relating to coin-operated machines and the procedures by which complaints are filed with and resolved by the comptroller.
(b)  The comptroller shall make the information available to the public and to appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.056. Delegation Authorized

Sec. 2153.056.  DELEGATION AUTHORIZED.  The comptroller may delegate to an authorized representative any authority provided to the comptroller under this chapter, including the authority to:
(1)  conduct an investigation;  and
(2)  hold a hearing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.057. Interagency Cooperation

Sec. 2153.057.  INTERAGENCY COOPERATION.  (a)  The comptroller shall use all agencies of the law available to the comptroller to enforce this chapter.
(b)  A state agency shall:
(1)  cooperate with the comptroller in connection with an investigation under this chapter;  and
(2)  provide the comptroller access to records and reports that are relevant to an investigation under this chapter and that are made confidential by other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter B. Powers and Duties of Comptroller › Section 2153.058. Deposit of Revenue

Sec. 2153.058.  DEPOSIT OF REVENUE.  Except as provided by Section 2153.257, the comptroller shall deposit one-fourth of the revenue received under this chapter in the foundation school fund and three-fourths of the revenue received under this chapter in the general revenue fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter C. Confidentiality of Certain Information › Section 2153.101. Information From License Application

Sec. 2153.101.  INFORMATION FROM LICENSE APPLICATION.  (a)  Except as provided by Subsection (b), information contained in a license application is confidential.
(b)  After a license is issued under this chapter, the ownership statement contained in the license application is a public record.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter C. Confidentiality of Certain Information › Section 2153.102. Information Made Available to Comptroller

Sec. 2153.102.  INFORMATION MADE AVAILABLE TO COMPTROLLER.  Except for information specifically designated as a public record, information derived from a book, record, report, or application required to be made available under this chapter to the comptroller or the attorney general:
(1)  is confidential;  and
(2)  may be used only to enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.151. License or Registration Required

Sec. 2153.151.  LICENSE OR REGISTRATION REQUIRED.  Except as otherwise provided by this chapter, a person may not engage in the business of manufacturing, owning, buying, selling, renting, leasing, trading, lending, furnishing to another, maintaining, transporting within this state, storing, or importing a music or skill or pleasure coin-operated machine unless the person holds a license or registration certificate issued under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.152. Types of Licenses

Sec. 2153.152.  TYPES OF LICENSES.  (a)  A license applicant may apply for a general business license, an import license, or a repair license.
(b)  A general business license holder may engage in the business of manufacturing, owning, buying, selling, renting, leasing, trading, maintaining, transporting or exhibiting in this state, or storing a music or skill or pleasure coin-operated machine.
(c)  An import license holder may engage in the business of importing, transporting, owning, buying, repairing, selling, or delivering a music or skill or pleasure coin-operated machine for sale or delivery in this state.
(d)  A repair license holder may engage in the business of maintaining, transporting, or storing a music or skill or pleasure coin-operated machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.153. License Application Requirements

Sec. 2153.153.  LICENSE APPLICATION REQUIREMENTS.  (a)  A license applicant must file with the comptroller a license application that:
(1)  contains a complete statement about the ownership of the business that is the subject of the application, including:
(A)  the nature of the business entity;  and
(B)  except as provided by Subsection (b), the name and residence address of each person who has a financial interest in the business, including the nature, type, and extent of the interest;
(2)  designates:
(A)  an individual, as described by Subsection (c), responsible for maintaining a record of and reporting to the comptroller information as required by Section 2153.202;  and
(B)  an office located in this state where the applicant proposes to maintain the records required by this chapter, a rule adopted under this chapter, or other law;
(3)  is accompanied by:
(A)  a written statement executed by the individual designated under Subdivision (2) that the individual accepts the responsibility described by that subdivision;  and
(B)  a cashier's check, money order, personal check, or other method of payment authorized by the comptroller, in an amount equal to the annual license fee under Section 2153.154;
(4)  includes any other relevant information required by the comptroller;  and
(5)  states that the information contained in the application is true and correct.
(b)  A corporate applicant is not required to include in the ownership statement under Subsection (a)(1) the name and residence address of a shareholder who holds less than 10 percent of the shares in the applicant's corporation.
(c)  The individual designated under Subsection (a)(2) must be:
(1)  the owner of the business;
(2)  a partner of the business;
(3)  an officer of the business;
(4)  a trustee of the business;
(5)  a receiver of the business;  or
(6)  an officer or principal member of the business.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 209, Sec. 12, eff. Oct. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.154. License Fee

Sec. 2153.154.  LICENSE FEE.  (a)  The annual fee for a general business license is:
(1)  $200 for an applicant with not more than 50 coin-operated machines;
(2)  $400 for an applicant with at least 51 but not more than 200 coin-operated machines;  and
(3)  $500 for an applicant with more than 200 coin-operated machines.
(b)  The annual fee for an import license is $500.
(c)  The annual fee for a repair license is $50.
(d)  The comptroller may not refund any part of a license fee after a license is issued.
(e)  The comptroller may refund a license fee if the comptroller does not issue a license.  The comptroller may deduct $25 to cover administrative costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.155. Terms of License

Sec. 2153.155.  TERMS OF LICENSE.  A license issued under this subchapter:
(1)  is effective for only one business entity;
(2)  does not vest any property or right in the license holder, except for the right to conduct the licensed business;
(3)  may not be transferred or assigned;  and
(4)  is not subject to execution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.156. Registration Certificate Required

Sec. 2153.156.  REGISTRATION CERTIFICATE REQUIRED.  (a)  A person who is exempt under Section 2153.008 from the licensing and recordkeeping requirements of this chapter may not exhibit a coin-operated machine unless the machine is registered annually with the comptroller in accordance with this subchapter.
(b)  A person required to register a machine under this section shall obtain a registration certificate each year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.157. Registration Certificate Application Requirements

Sec. 2153.157.  REGISTRATION CERTIFICATE APPLICATION REQUIREMENTS.  To obtain a registration certificate under this subchapter, a person must:
(1)  file with the comptroller a registration application on a form prescribed by the comptroller;  and
(2)  pay a $150 registration fee to the comptroller for the business entity in which the owner exhibits the coin-operated machine that is the subject of the application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.158. Contents of Registration Certificate

Sec. 2153.158.  CONTENTS OF REGISTRATION CERTIFICATE.  A registration certificate must:
(1)  state the name and address of the location of the coin-operated machine that is the subject of the certificate;  and
(2)  certify that a tax permit is attached to the machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.159. Display of License or Certificate

Sec. 2153.159.  DISPLAY OF LICENSE OR CERTIFICATE.  (a)  A license holder shall prominently display the holder's license at the holder's place of business at all times.
(b)  A registration certificate holder shall display a registration certificate at each location where the holder owns or exhibits a coin-operated machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.160. Relocation of Machine

Sec. 2153.160.  RELOCATION OF MACHINE.  A registration certificate holder shall notify the comptroller of a change in the location of a coin-operated machine registered under this subchapter by filing an amendment to the registration certificate with the comptroller not later than the 10th day after the date of the change.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.161. Expiration of License or Registration

Sec. 2153.161.  EXPIRATION OF LICENSE OR REGISTRATION.  (a)  A license issued under this chapter expires on the earlier of:
(1)  December 31 of the year the license is issued;  or
(2)  the death or dissolution of the license holder.
(b)  A registration certificate issued under this chapter expires on the first anniversary of the date of issuance.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.162. License and Registration Renewal

Sec. 2153.162.  LICENSE AND REGISTRATION RENEWAL.  (a)  A license or registration certificate holder may renew an unexpired license or registration by paying to the comptroller, before the expiration date of the license or registration, the required annual license or registration fee.  An application for renewal must be made to the comptroller before December 1.  A renewal application filed on or after December 1 but before the license or registration expires must be accompanied by a late fee of $50.
(b)  A license or registration certificate holder may renew an expired license or registration under this subsection.  If the license or registration has been expired for not more than 90 days, the person may renew the license or registration by paying to the comptroller a fee that is 1-1/2 times the amount of the annual license or registration fee.  If the license or registration has been expired for more than 90 days but less than two years, the person may renew the license or registration by paying to the comptroller a fee that is two times the amount of the annual license or registration fee.
(c)  A person whose license or registration has been expired for two years or more may not renew the license or registration.  The person may obtain a new license or registration by complying with the requirements and procedures for obtaining an original license or registration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter D. License or Registration › Section 2153.163. Extension of Certain Licenses

Sec. 2153.163.  EXTENSION OF CERTAIN LICENSES.  (a)  Except for good cause shown, the comptroller in writing shall permit a person who is the successor in interest to a business the license of which has expired to operate the business under the license as if the license has not expired if:
(1)  the person requests an extension of the expired license;
(2)  the license expired as a result of:
(A)  the license holder's death or dissolution;  or
(B)  a condition involving receivership or bankruptcy;  and
(3)  the county judge in the county in which the business is located or a probate judge with jurisdiction over the matter certifies that the person is the successor to the licensed business.
(b)  An extension of an expired license under this section:
(1)  expires in the same manner a license expires;  and
(2)  is subject to suspension or cancellation in the same manner as any other license issued under this subchapter.
(c)  A person whose extension of an expired license expires may not renew the license.  The person may obtain a new license by complying with the requirements for obtaining an original license under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter E. Provisions Relating to Transaction of Business › Section 2153.201. Required Owner Records

Sec. 2153.201.  REQUIRED OWNER RECORDS.  (a)  An owner shall maintain a complete and itemized record of each coin-operated machine the owner purchases, receives, possesses, handles, exhibits, or displays in this state in accordance with accepted auditing and accounting practices.
(b)  A record required under Subsection (a) must:
(1)  be available at all times for inspection by the attorney general, the comptroller, or an authorized representative of the attorney general or comptroller as provided by Subsection (c);
(2)  include information relating to:
(A)  the kind of each machine;
(B)  the date each machine is:
(i)  acquired or received in this state; and
(ii)  placed in operation;
(C)  the location of each machine, including the:
(i)  county;
(ii)  municipality, if any; and
(iii)  street or rural route number;
(D)  the name and complete address of each operator of each machine;
(E)  if the owner is an individual, the full name and address of the owner; and
(F)  if the owner is not an individual, the name and address of each principal officer or member of the owner; and
(3)  be maintained  at a permanent address in this state designated on the application for a license under Section 2153.153.
(c)  A record required under Subsection (a) must be available for inspection under Subsection (b) for at least four years and as required by Section 111.0041, Tax Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 4.01, eff. October 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter E. Provisions Relating to Transaction of Business › Section 2153.202. Required License Holder Records and Reporting

Sec. 2153.202.  REQUIRED LICENSE HOLDER RECORDS AND REPORTING.  (a)  A license holder shall maintain a record of and report to the comptroller information relating to each music or skill or pleasure coin-operated machine owned, possessed, or controlled by the license holder, including:
(1)  the make, type, and serial number of each machine;
(2)  the date each machine is placed in operation;
(3)  the dates of the first and most recent registration of each machine;
(4)  the specific location of each machine;  and
(5)  any change in machine ownership.
(b)  A license holder shall:
(1)  report to the comptroller the information required under this section:
(A)  at intervals specified by the comptroller;  and
(B)  at any other time requested by the comptroller;  and
(2)  immediately notify the comptroller in writing of a change in ownership of a licensed business.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter E. Provisions Relating to Transaction of Business › Section 2153.203. Record of Credit Transaction

Sec. 2153.203.  RECORD OF CREDIT TRANSACTION.  (a)  A license holder who extends or lends credit shall maintain in this state a record of the credit transaction in accordance with accepted accounting and auditing practices.  The record must be sufficient to enable any competent person to determine if the license holder is in compliance with the requirements of this subchapter.
(b)  The record must be preserved until the later of the fourth anniversary of the date the credit transaction occurred or the second anniversary of the date the final entry relating to the transaction is made.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter E. Provisions Relating to Transaction of Business › Section 2153.204. Required Contract Provision

Sec. 2153.204.  REQUIRED CONTRACT PROVISION.  A written contract between an owner who holds a license issued under this chapter and an operator in this state must state the name, mailing address, and telephone number of the comptroller.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter E. Provisions Relating to Transaction of Business › Section 2153.205. Reimbursement for Taxes and Fees

Sec. 2153.205.  REIMBURSEMENT FOR TAXES AND FEES.  (a)  The first money earned from the exhibition of a coin-operated amusement machine may be paid to the owner to reimburse the owner for payment of:
(1)  the tax imposed for that year by Section 2153.401;  and
(2)  a tax authorized by Section 2153.451 and imposed for that year by a county or municipality.
(b)  A portion of the money earned each year from the exhibition of a coin-operated machine shall be paid to the owner in an amount necessary to reimburse the owner for the next year's payment of:
(1)  the tax imposed by Section 2153.401;  and
(2)  any other tax or fee imposed on the exhibition of the machine.
(c)  An owner may not:
(1)  agree or contract, or offer to agree to contract, to waive the reimbursement provided by Subsection (b);  or
(2)  agree or contract with a bailee or lessee of a coin-operated machine to compensate the bailee or lessee in an amount that exceeds 50 percent of the gross receipts earned from the exhibition of the machine after the reimbursement provided by Subsection (b).
(d)  The comptroller shall revoke the license of a license holder who violates this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter F. Credit Transactions › Section 2153.252. Authorized Credit Extensions

Sec. 2153.252.  AUTHORIZED CREDIT EXTENSIONS.  A license holder may extend or lend credit to, or extend or lend credit on behalf of, a lessee or bailee of a music or skill or pleasure coin-operated machine only for a business or commercial purpose in accordance with this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter F. Credit Transactions › Section 2153.254. Written Agreement Required

Sec. 2153.254.  WRITTEN AGREEMENT REQUIRED.  A license holder may extend or lend credit only if the credit transaction is evidenced by a written agreement that:
(1)  is signed by the parties to the agreement;  and
(2)  specifies the:
(A)  credit amount;
(B)  consideration for the credit transaction;  and
(C)  terms governing repayment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter F. Credit Transactions › Section 2153.255. Consideration

Sec. 2153.255.  CONSIDERATION.  (a)  In this section, "consideration" includes costs charged, contracted for, or received by a license holder or other person in connection with investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing a credit transaction or forbearance of money, credit, goods, things in action, or other service rendered, including aggregate interest, fees, bonuses, commissions, brokerage, discounts, and expenses.  The term does not include court costs or attorney's fees as determined by a court.
(b)  The consideration for a credit transaction authorized under Section 2153.252 may not be less than one-half percent or exceed interest or its equivalent at the rate of one and one-half percent per month, as determined by the United States Rule.
(c)  Except as provided by Subsection (d), if the consideration directly or indirectly charged or received by a license holder for a credit transaction authorized under Section 2153.252 exceeds the amount of consideration permitted by Subsection (b):
(1)  the consideration paid, whether payment of principal or interest or its equivalent, shall be refunded to the person;  and
(2)  the unpaid balance of the consideration is void.
(d)  Subsection (c) does not apply if consideration is charged or collected in excess of the amount permitted by Subsection (b) and:
(1)  the overcharge or over-collection is the result of:
(A)  an accident;  and
(B)  a bona fide error;  and
(2)  the error is corrected on the date of discovery.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter F. Credit Transactions › Section 2153.258. Criminal Offense; Violation of Subchapter

Sec. 2153.258.  CRIMINAL OFFENSE;  VIOLATION OF SUBCHAPTER.  (a)  A person commits an offense if the person violates this subchapter.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 1018, Sec. 7.05, eff. September 1, 2005.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 7.05, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.301. Definition

Sec. 2153.301.  DEFINITION.  In this subchapter, "applicant," "license holder," or "registration certificate holder" includes:
(1)  an individual;
(2)  each partner of a partnership;
(3)  each trustee of a trust;
(4)  each receiver of a receivership;
(5)  each officer, director, or member of an entity, including an association or corporation;
(6)  each shareholder owning 25 percent or more of the shares of the corporation;  and
(7)  a business entity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.302. Mandatory Denial of General Business License

Sec. 2153.302.  MANDATORY DENIAL OF GENERAL BUSINESS LICENSE.  The comptroller may not issue a general business license if the comptroller finds that the applicant has been:
(1)  finally convicted of a felony during the five years preceding the date of application;  or
(2)  placed on community supervision or released on parole for a felony conviction during the two years preceding the date of application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.