By: Harris of Dallas S.B. No. 522 A BILL TO BE ENTITLED 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 creating an offense and providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subdivision (3), Section 47.01, Penal Code, is 1-6 amended to read as follows: 1-7 (3) "Gambling device" means any electronic, 1-8 electromechanical, or mechanical contrivance not excluded under 1-9 Paragraph (B) of this subdivision, that for a consideration affords 1-10 the player an opportunity to obtain anything of value, the award of 1-11 which is determined solely or partially by chance, even though 1-12 accompanied by some skill, whether or not the prize is 1-13 automatically paid by the contrivance. Gambling device: 1-14 (A) includes video poker or similar electronic, 1-15 electromechanical, or mechanical games which operate by chance or 1-16 partially so, which as a result of the play or operation of the 1-17 game award credits or free games, which record the number of free 1-18 games or credits so awarded and which also record the cancellation 1-19 or removal of the free games or credits; 1-20 (B) does not include any electronic, 1-21 electromechanical, or mechanical contrivance designed, made, and 1-22 adapted solely for bona fide amusement purposes if the contrivance 1-23 rewards the player exclusively with noncash merchandise prizes, 2-1 toys, or novelties or representation of value redeemable for those 2-2 items which have a wholesale value available from a single play of 2-3 the game or device of not more than 10 times the amount charged to 2-4 play the game or device once or $5, which ever is less. 2-5 SECTION 2. Section 47.02, Penal Code, is amended by adding 2-6 Subsection (e) to read as follows: 2-7 (e) It is a defense to prosecution under this section that a 2-8 person played for something of value other than money, using an 2-9 electronic, electromechanical, or mechanical contrivance which is 2-10 excluded from the definition of gambling device under Section 2-11 47.01(3)(B). 2-12 SECTION 3. Chapter 47, Penal Code, is amended by adding 2-13 Section 47.15 to read as follows: 2-14 Sec. 47.15. AMUSEMENT GAME GAMBLING. (a) A person commits 2-15 an offense if the person owns or possesses an electronic, 2-16 electromechanical, or mechanical contrivance which is excluded from 2-17 the definition of gambling device under Section 47.01(3)(B) or is 2-18 employed or acting on behalf of that person and gives to any other 2-19 person money in exchange for or in consideration of a noncash 2-20 merchandise prize, toy, or novelty or a representation of value 2-21 redeemable for those items received as an award in playing the game 2-22 or device. 2-23 (b) An offense under this section is a Class B misdemeanor. 2-24 SECTION 4. (a) The change in law made by this Act applies 2-25 only to an offense committed on or after the effective date of this 3-1 Act. For purposes of this section, an offense is committed before 3-2 the effective date of this Act if any element of the offense occurs 3-3 before the effective date. 3-4 (b) An offense committed before the effective date of this 3-5 Act is covered by the law in effect when the offense was committed, 3-6 and the former law is continued in effect for this purpose. 3-7 SECTION 5. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended, 3-12 and that this Act take effect and be in force from and after its 3-13 passage, and it is so enacted.