By Place H.B. No. 2118 74R2956 MWV-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the definition of gambling device; providing an 1-3 exclusion of contrivances that are designed for amusement purposes. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 47.01(4), Penal Code, is amended to read 1-6 as follows: 1-7 (4) "Gambling device" means any electronic, 1-8 electromechanical, or mechanical contrivance not excluded under 1-9 Paragraph (B) that for a consideration affords the player an 1-10 opportunity to obtain anything of value, the award of which is 1-11 determined solely or partially by chance, even though accompanied 1-12 by some skill, whether or not the prize is automatically paid by 1-13 the contrivance. Gambling device: 1-14 (A) includes, but is not limited to, gambling 1-15 device versions of bingo, keno, blackjack, lottery, roulette, video 1-16 poker, or similar electronic, electromechanical, or mechanical 1-17 games, or facsimiles thereof, that operate by chance or partially 1-18 so, that as a result of the play or operation of the game award 1-19 credits or free games, and that record the number of free games or 1-20 credits so awarded and the cancellation or removal of the free 1-21 games or credits; and 1-22 (B) does not include any electronic, 1-23 electromechanical, or mechanical contrivance designed, made, and 1-24 adapted solely for bona fide amusement purposes if the contrivance 2-1 rewards the player exclusively with noncash merchandise prizes, 2-2 toys, or novelties, or representation of value redeemable for those 2-3 items, that have a wholesale value available from a single play of 2-4 the game or device of not more than 10 times the amount charged to 2-5 play the game or device once or $5, whichever is less. 2-6 SECTION 2. Section 47.02, Penal Code, is amended by adding 2-7 Subsection (e) to read as follows: 2-8 (e) It is a defense to prosecution under this section that a 2-9 person played for something of value other than money using an 2-10 electronic, electromechanical, or mechanical contrivance excluded 2-11 from the definition of gambling device under Section 47.01(4)(B). 2-12 SECTION 3. (a) The change in law made by this Act applies 2-13 only to an offense committed on or after the effective date of this 2-14 Act. For purposes of this section, an offense is committed before 2-15 the effective date of this Act if any element of the offense occurs 2-16 before the effective date. 2-17 (b) An offense committed before the effective date of this 2-18 Act is covered by the law in effect when the offense was committed, 2-19 and the former law is continued in effect for this purpose. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended, 2-25 and that this Act take effect and be in force from and after its 2-26 passage, and it is so enacted.