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.