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 -------------------------------------------------------------------