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.