S.B. No. 522 AN ACT 1-1 relating to the definition of gambling device; providing an 1-2 exclusion of contrivances that are designed for amusement purposes. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subdivision (3), Section 47.01, Penal Code, is 1-5 amended to read as follows: 1-6 (3) "Gambling device" means any electronic, 1-7 electromechanical, or mechanical contrivance not excluded under 1-8 Paragraph (B) of this subdivision that for a consideration affords 1-9 the player an opportunity to obtain anything of value, the award of 1-10 which is determined solely or partially by chance, even though 1-11 accompanied by some skill, whether or not the prize is 1-12 automatically paid by the contrivance. Gambling device: 1-13 (A) includes, but is not limited to, gambling 1-14 device versions of bingo, keno, blackjack, lottery, roulette, video 1-15 poker, or similar electronic, electromechanical, or mechanical 1-16 games, or facsimiles thereof, which operate by chance or partially 1-17 so, which as a result of the play or operation of the game award 1-18 credits or free games, which record the number of free games or 1-19 credits so awarded, and which also record the cancellation or 1-20 removal of the free games or credits; and 1-21 (B) does not include any electronic, 1-22 electromechanical, or mechanical contrivance designed, made, and 1-23 adapted solely for bona fide amusement purposes if the contrivance 2-1 rewards the player exclusively with noncash merchandise prizes, 2-2 toys, or novelties or representation of value redeemable for those 2-3 items which have a wholesale value available from a single play of 2-4 the game or device of not more than 10 times the amount charged to 2-5 play the game or device once or $5, whichever is less. 2-6 SECTION 2. Section 47.02, Penal Code, is amended by adding 2-7 Subsection (e) to read as follows: 2-8 (e) It is a defense to prosecution under this section that a 2-9 person played for something of value other than money using an 2-10 electronic, electromechanical, or mechanical contrivance which is 2-11 excluded from the definition of gambling device under Section 2-12 47.01(3)(B). 2-13 SECTION 3. (a) The change in law made by this Act applies 2-14 only to an offense committed on or after the effective date of this 2-15 Act. For purposes of this section, an offense is committed before 2-16 the effective date of this Act if any element of the offense occurs 2-17 before the effective date. 2-18 (b) An offense committed before the effective date of this 2-19 Act is covered by the law in effect when the offense was committed, 2-20 and the former law is continued in effect for this purpose. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.