By Eiland H.B. No. 2429
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the control of and disabling of gambling devices,
1-3 equipment, or paraphernalia while an ocean-going vessel is in the
1-4 territorial waters of this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 47.09(b), Penal Code, is amended to read
1-7 as follows:
1-8 (b) It is an affirmative defense to prosecution under
1-9 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
1-10 equipment, or paraphernalia is aboard an ocean-going vessel that
1-11 enters the territorial waters of this state to call at a port in
1-12 this state if:
1-13 (1) before the vessel enters the territorial waters of
1-14 this state, the district attorney or, if there is no district
1-15 attorney, the county attorney for the county in which the port is
1-16 located receives notice of the existence of the device, equipment,
1-17 or paraphernalia on board the vessel and of the anticipated dates
1-18 on which the vessel will enter and leave the territorial waters of
1-19 this state;
1-20 (2) at all times while the vessel is in the
1-21 territorial waters of this state:
1-22 (A) the portion of the vessel in which the
1-23 device, equipment, or paraphernalia is located is locked or
1-24 otherwise physically secured in a manner that makes the area
2-1 inaccessible to anyone other than the master and crew of the vessel
2-2 <at all times while the vessel is in the territorial waters of this
2-3 state>; or
2-4 (B) all devices, equipment, or paraphernalia
2-5 are:
2-6 (i) covered in a manner that prevents the
2-7 use and viewing of the device, equipment, or paraphernalia and that
2-8 allows only the master and crew of the vessel to uncover the
2-9 device, equipment, or paraphernalia; and
2-10 (ii) disabled, electronically or by
2-11 another method, from a remote and secured area of the vessel in a
2-12 manner that allows only the master and crew of the vessel to remove
2-13 any disabling device;
2-14 (3) at all times while the vessel is in the
2-15 territorial waters of this state, no person other than the master
2-16 and crew of the vessel:
2-17 (A) is permitted to enter or view the portion of
2-18 the vessel in which the device, equipment, or paraphernalia is
2-19 located; or
2-20 (B) is permitted to uncover the device,
2-21 equipment, or paraphernalia or remove any disabling device located
2-22 on the vessel for the purposes of inspecting and repairing the
2-23 device, equipment, or paraphernalia <while the vessel is in the
2-24 territorial waters of this state>; and
2-25 (4) the device, equipment, or paraphernalia is not
2-26 used for gambling or other gaming purposes while the vessel is in
2-27 the territorial waters of this state.
3-1 SECTION 2. (a) The change in law made by this Act applies
3-2 only to an offense committed on or after the effective date of this
3-3 Act. For the purposes of this section, an offense is committed
3-4 before the effective date of this Act if any element of the offense
3-5 occurs before that date.
3-6 (b) An offense committed before the effective date of this
3-7 Act is covered by the law in effect when the offense was committed,
3-8 and the former law is continued in effect for that purpose.
3-9 SECTION 3. This Act takes effect September 1, 1995.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.