1-1 By: Harris of Dallas S.B. No. 522
1-2 (In the Senate - Filed March 1, 1993; March 1, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 29, 1993, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 29, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the definition of gambling device; providing an
1-24 exclusion of contrivances that are designed for amusement purposes;
1-25 creating an offense and providing a penalty.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subdivision (3), Section 47.01, Penal Code, is
1-28 amended to read as follows:
1-29 (3) "Gambling device" means any electronic,
1-30 electromechanical, or mechanical contrivance not excluded under
1-31 Paragraph (B) of this subdivision that for a consideration affords
1-32 the player an opportunity to obtain anything of value, the award of
1-33 which is determined solely or partially by chance, even though
1-34 accompanied by some skill, whether or not the prize is
1-35 automatically paid by the contrivance. Gambling device:
1-36 (A) includes video poker or similar electronic,
1-37 electromechanical, or mechanical games which operate by chance or
1-38 partially so, which as a result of the play or operation of the
1-39 game award credits or free games, which record the number of free
1-40 games or credits so awarded, and which also record the cancellation
1-41 or removal of the free games or credits; and
1-42 (B) does not include any electronic,
1-43 electromechanical, or mechanical contrivance designed, made, and
1-44 adapted solely for bona fide amusement purposes if the contrivance
1-45 rewards the player exclusively with noncash merchandise prizes,
1-46 toys, or novelties or representation of value redeemable for those
1-47 items which have a wholesale value available from a single play of
1-48 the game or device of not more than 10 times the amount charged to
1-49 play the game or device once or $5, whichever is less.
1-50 SECTION 2. Section 47.02, Penal Code, is amended by adding
1-51 Subsection (e) to read as follows:
1-52 (e) It is a defense to prosecution under this section that a
1-53 person played for something of value other than money using an
1-54 electronic, electromechanical, or mechanical contrivance which is
1-55 excluded from the definition of gambling device under Section
1-56 47.01(3)(B).
1-57 SECTION 3. Chapter 47, Penal Code, is amended by adding
1-58 Section 47.15 to read as follows:
1-59 Sec. 47.15. AMUSEMENT GAME GAMBLING. (a) A person commits
1-60 an offense if the person owns or possesses an electronic,
1-61 electromechanical, or mechanical contrivance which is excluded from
1-62 the definition of gambling device under Section 47.01(3)(B) or is
1-63 employed by or acting on behalf of that person and gives to any
1-64 other person money in exchange for or in consideration of a noncash
1-65 merchandise prize, toy, or novelty or a representation of value
1-66 redeemable for those items received as an award in playing the game
1-67 or device.
1-68 (b) An offense under this section is a Class B misdemeanor.
2-1 SECTION 4. (a) The change in law made by this Act applies
2-2 only to an offense committed on or after the effective date of this
2-3 Act. For purposes of this section, an offense is committed before
2-4 the effective date of this Act if any element of the offense occurs
2-5 before the effective date.
2-6 (b) An offense committed before the effective date of this
2-7 Act is covered by the law in effect when the offense was committed,
2-8 and the former law is continued in effect for this purpose.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.
2-16 * * * * *
2-17 Austin,
2-18 Texas
2-19 March 29, 1993
2-20 Hon. Bob Bullock
2-21 President of the Senate
2-22 Sir:
2-23 We, your Committee on State Affairs to which was referred S.B.
2-24 No. 522, have had the same under consideration, and I am instructed
2-25 to report it back to the Senate with the recommendation that it do
2-26 pass and be printed.
2-27 Harris of
2-28 Dallas, Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: David Patterson x
2-34 Representing: Sunbelt Amusement & Vending
2-35 City: Irving
2-36 -------------------------------------------------------------------
2-37 Name: Dave Corriveau x
2-38 Representing: Dave and Busters
2-39 City: Dallas
2-40 -------------------------------------------------------------------
2-41 Name: Robert Hughes x
2-42 Representing:
2-43 City: Austin
2-44 -------------------------------------------------------------------
2-45 Name: Ronald Rhodes x
2-46 Representing: Bowling & Billiard Supplies
2-47 City: Dallas
2-48 -------------------------------------------------------------------