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.