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
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   2-45  Name:  Ronald Rhodes                             x
   2-46  Representing:  Bowling & Billiard Supplies
   2-47  City:  Dallas
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