BILL ANALYSIS H.B. 2429 By: Eiland (Patterson, J.) State Affairs 5-25-95 Senate Committee Report (Unamended) BACKGROUND Ships that dock in Texas waters are allowed to take passengers out to international waters where gambling is legal. However, while riding into international waters, passengers may not be in a room where the gambling equipment is housed. This provision limits the types of boats that can be used for these gambling cruises. PURPOSE As proposed, H.B. 2429 authorizes passengers on gambling ships to be in the same room as the gambling devices when the ship is in state waters. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 47.09(b), Penal Code, to provide that it is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are covered or disabled and no person other than the master and crew of the vessel is permitted to uncover or remove any disabling device. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.