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.