By: Place H.B. No. 1313 73R4548 LJD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the definition of gambling device; providing an 1-3 exclusion for contrivances that are designed for amusement 1-4 purposes; creating an offense and providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 47.01(3), Penal Code, is amended to read 1-7 as follows: 1-8 (3) "Gambling device" means any electronic, 1-9 electromechanical, or mechanical contrivance not excluded under 1-10 Paragraph (B) of this subdivision that for a consideration affords 1-11 the player an opportunity to obtain anything of value, the award of 1-12 which is determined solely or partially by chance, even though 1-13 accompanied by some skill, whether or not the prize is 1-14 automatically paid by the contrivance. The term: 1-15 (A) includes video poker or a similar 1-16 electronic, electromechanical, or mechanical game that: 1-17 (i) operates solely or partially by 1-18 chance; 1-19 (ii) as a result of operation awards free 1-20 games or credits; 1-21 (iii) records the number of free games or 1-22 credits awarded; and 1-23 (iv) records the cancellation or removal 1-24 of the free games or credits; but 2-1 (B) does not include an electronic, 2-2 electromechanical, or mechanical contrivance designed, made, and 2-3 adapted solely for bona fide amusement purposes if the contrivance 2-4 rewards the player exclusively with noncash merchandise prizes, 2-5 toys, or novelties, or a representation of value redeemable for 2-6 those items, that have a wholesale value available from a single 2-7 play of the contrivance of not more than 10 times the amount 2-8 charged to play the contrivance once or $5, whichever is less. 2-9 SECTION 2. Section 47.02, Penal Code, is amended by adding 2-10 Subsection (e) to read as follows: 2-11 (e) It is a defense to prosecution under this section that a 2-12 person played for something of value other than money using an 2-13 electronic, electromechanical, or mechanical contrivance that is 2-14 excluded from the definition of gambling device under Section 2-15 47.01(3)(B) of this code. 2-16 SECTION 3. Chapter 47, Penal Code, is amended by adding 2-17 Section 47.15 to read as follows: 2-18 Sec. 47.15. AMUSEMENT GAME GAMBLING. (a) A person commits 2-19 an offense if the person: 2-20 (1) owns or possesses an electronic, 2-21 electromechanical, or mechanical contrivance that is excluded from 2-22 the definition of gambling device under Section 47.01(3)(B) of this 2-23 code or is employed by or acting on behalf of a person who owns or 2-24 possesses such a contrivance; and 2-25 (2) gives another person money in exchange for or in 2-26 consideration of a noncash merchandise prize, toy, or novelty, or a 2-27 representation of value redeemable for those items, received as an 3-1 award in playing the contrivance. 3-2 (b) An offense under this section is a Class B misdemeanor. 3-3 SECTION 4. (a) The change in law made by this Act applies 3-4 only to an offense committed on or after the effective date of this 3-5 Act. For purposes of this section, an offense is committed before 3-6 the effective date of this Act if any element of the offense occurs 3-7 before the effective date. 3-8 (b) An offense committed before the effective date of this 3-9 Act is covered by the law in effect when the offense was committed, 3-10 and the former law is continued in effect for this purpose. 3-11 SECTION 5. This Act takes effect September 1, 1993. 3-12 SECTION 6. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended.