Sec. 2153.354. CIVIL PENALTY. (a) The comptroller may assess a penalty of not less than $50 or more than $2,000 against:
(1) an owner who permits a coin-operated machine under the owner's control to be operated, exhibited, or displayed in this state without a tax permit as required by Section 2153.406; or
(2) a person who:
(A) exhibits or displays a coin-operated machine in this state without a tax permit as required by Section 2153.406;
(B) exhibits or displays a coin-operated machine that is not registered;
(C) does not maintain the records required under this chapter;
(D) refuses or fails to make records available for inspection on request by the comptroller or an authorized representative of the comptroller;
(E) uses an artful device or deceptive practice to conceal a violation of this chapter;
(F) misleads the comptroller or an authorized representative of the comptroller in connection with the enforcement of this chapter; or
(G) violates this chapter or a rule adopted under this chapter.
(b) The comptroller may assess a penalty under this section for each day a violation occurs.
(c) A penalty assessed under this section may be recovered by:
(1) the comptroller in the same manner as is provided by Subtitle B, Title 2, Tax Code, for the recovery of delinquent taxes; or
(2) the attorney general in a suit filed in Travis County.
(d) A penalty assessed under this section is in addition to any other remedy authorized under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 13 - Sports, Amusements, and Entertainment
Subtitle D - Other Amusements and Entertainment
Chapter 2153 - Coin-Operated Machines
Subchapter H. Penalties and Enforcement Provisions
Section 2153.351. Consent to Entry
Section 2153.352. Sealing of Machines
Section 2153.354. Civil Penalty
Section 2153.355. Criminal Offense; General Violations
Section 2153.356. Criminal Offense; Operating Without a License or Registration Certificate
Section 2153.357. Criminal Offense; Obtaining a License by Fraud
Section 2153.358. Criminal Offense; Failure to Report or Provide Information
Section 2153.359. Criminal Offense; Prohibited Transactions
Section 2153.360. Criminal Offense; Removal of Tax Permit
Section 2153.361. Criminal Offense; Sealed Machines
Section 2153.362. Criminal Offense; Disclosure of Confidential Information