By Wilson                                             H.B. No. 2726
                                 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, keno, lottery, bingo,
   1-16  blackjack, roulette or a similar electronic, electromechanical, or
   1-17  mechanical game that:
   1-18                          (i)  operates solely or partially by
   1-19  chance;
   1-20                          (ii)  as a result of operation awards free
   1-21  games or credits;
   1-22                          (iii)  records the number of free games or
   1-23  credits awarded; and
    2-1                          (iv)  records the cancellation or removal
    2-2  of the free games or credits; but
    2-3                    (B)  does not include an electronic,
    2-4  electromechanical, or mechanical contrivance designed, made, and
    2-5  adapted solely for bona fide amusement purposes if the contrivance
    2-6  rewards the player exclusively with noncash merchandise prizes,
    2-7  toys, or novelties, or a representation of value redeemable for
    2-8  those items, that have a wholesale value available from a single
    2-9  play of the contrivance of not more than 10 times the amount
   2-10  charged to play the contrivance once or $5, whichever is less.
   2-11        SECTION 2.  Section 47.02, Penal Code, is amended by adding
   2-12  Subsection (e) to read as follows:
   2-13        (e)  It is a defense to prosecution under this section that a
   2-14  person played for something of value other than money using an
   2-15  electronic, electromechanical, or mechanical contrivance that is
   2-16  excluded from the definition of gambling device under Section
   2-17  47.01(3)(B) of this code.
   2-18        SECTION 3.  Chapter 47.03(a), Texas Penal Code, is amended to
   2-19  read a follows:
   2-20        Sec. 47.03.  Gambling Promotion.  (a)  A person commits an
   2-21  offense if he intentionally or knowingly does any of the following
   2-22  acts:
   2-23              (1)  operates or participates in the earnings of a
   2-24  gambling place;
   2-25              (2)  engages in or promotes bookmaking;
    3-1              (3)  for gain, becomes a custodian of anything of value
    3-2  bet or offered to be bet;
    3-3              (4)  sells chances on the partial or final result of or
    3-4  on the margin of victory in any game or contest or on the
    3-5  performance of any participant in any game or contest or on the
    3-6  result of any political nomination, appointment, or election or on
    3-7  the degree of success of any nominee, appointee, or candidate; or
    3-8              (5)  for gain, sets up or promotes any lottery or sells
    3-9  or offers to sell or knowingly possesses for transfer, or transfers
   3-10  any card, stub, ticket, check, or other device designed to serve as
   3-11  evidence or participation in any lottery.
   3-12        SECTION 4.  Section 47.07(c), Penal Code, is amended to read
   3-13  as follows:
   3-14        (c)  A<n> first offense under this section is a Class A
   3-15  misdemeanor.  A subsequent offense under this section is a felony
   3-16  of the third degree.
   3-17        SECTION 5.  Chapter 47, Penal Code, is amended by adding
   3-18  Section 47.15 to read as follows:
   3-19        Sec. 47.15.  AMUSEMENT GAME GAMBLING.  (a)  A person commits
   3-20  an offense if the person:
   3-21              (1)  owns or possesses an electronic,
   3-22  electromechanical, or mechanical contrivance that is excluded from
   3-23  the definition of gambling device under Section 47.01(3)(B) of this
   3-24  code or is employed by or acting on behalf of a person who owns or
   3-25  possesses such a contrivance; and
    4-1              (2)  gives another person money in exchange for or in
    4-2  consideration of a noncash merchandise prize, toy, or novelty, or a
    4-3  representation of value redeemable for those items, received as an
    4-4  award in playing the contrivance.
    4-5        (b)  An offense under this section is a Class B misdemeanor.
    4-6        SECTION 6.  (a)  The change in law made by this Act applies
    4-7  only to an offense committed on or after the effective date of this
    4-8  Act.  For purposes of this section, an offense is committed before
    4-9  the effective date of this Act if any element of the offense occurs
   4-10  before the effective date.
   4-11        (b)  An offense committed before the effective date of this
   4-12  Act is covered by the law in effect when the offense was committed,
   4-13  and the former law is continued in effect for this purpose.
   4-14        SECTION 7.  This Act takes effect September 1, 1993.
   4-15        SECTION 8.  The importance of this legislation and the
   4-16  crowded condition of the calendars in both houses create an
   4-17  emergency and an imperative public necessity that the
   4-18  constitutional rule requiring bills to be read on three several
   4-19  days in each house be suspended, and this rule is hereby suspended.