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A BILL TO BE ENTITLED
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AN ACT
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relating to definitions for purposes of gambling criminal offenses |
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and the prosecution of the criminal offenses of gambling, gambling |
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promotion, and keeping a gambling place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.01, Penal Code, is amended by adding |
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Subdivision (2-a) and amending Subdivision (8) to read as follows: |
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(2-a) "Economic benefit" means direct winnings from a |
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game of skill or luck. The term does not include a benefit received |
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before a game commences or after payment of the direct winnings from |
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the game. |
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(8) "Private place" means a place to which the public |
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does not have access without a valid membership, special |
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invitation, or prior grant of permission[,] and excludes, among |
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other places, streets, highways, restaurants, taverns, nightclubs, |
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schools, hospitals, and the common areas of apartment houses, |
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hotels, motels, office buildings, transportation facilities, and |
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shops. |
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SECTION 2. Section 47.02(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of [a defense to |
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prosecution under] this section that: |
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(1) the actor engaged in gambling in a private place; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 3. Section 47.03, Penal Code, is amended by adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a-1) It is an exception to the application of Subsection |
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(a)(1) that: |
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(1) the gambling place was located in a private place; |
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(2) the gambling place did not provide any economic |
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benefit other than personal winnings to any person; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning at the gambling place |
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were the same for all participants. |
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(a-2) It is an exception to the application of Subsection |
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(a)(3) that: |
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(1) the thing of value was bet or offered in a private |
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place; |
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(2) the thing of value bet or offered did not provide |
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any economic benefit other than personal winnings to any person; |
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and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning the thing of value bet or |
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offered were the same for all participants. |
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SECTION 4. Section 47.04(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of [affirmative |
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defense to prosecution under] this section that: |
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(1) the gambling occurred in a private place; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |