1-1 By: Eiland (Senate Sponsor - Patterson) H.B. No. 2429
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 18, 1995, read first time and referred to Committee on State
1-4 Affairs; May 24, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 1; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the control of and disabling of gambling devices,
1-9 equipment, or paraphernalia while an ocean-going vessel is in the
1-10 territorial waters of this state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 47.09(b), Penal Code, is amended to read
1-13 as follows:
1-14 (b) It is an affirmative defense to prosecution under
1-15 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
1-16 equipment, or paraphernalia is aboard an ocean-going vessel that
1-17 enters the territorial waters of this state to call at a port in
1-18 this state if:
1-19 (1) before the vessel enters the territorial waters of
1-20 this state, the district attorney or, if there is no district
1-21 attorney, the county attorney for the county in which the port is
1-22 located receives notice of the existence of the device, equipment,
1-23 or paraphernalia on board the vessel and of the anticipated dates
1-24 on which the vessel will enter and leave the territorial waters of
1-25 this state;
1-26 (2) at all times while the vessel is in the
1-27 territorial waters of this state:
1-28 (A) the portion of the vessel in which the
1-29 device, equipment, or paraphernalia is located is locked or
1-30 otherwise physically secured in a manner that makes the area
1-31 inaccessible to anyone other than the master and crew of the vessel
1-32 <at all times while the vessel is in the territorial waters of this
1-33 state>; or
1-34 (B) all devices, equipment, or paraphernalia
1-35 are:
1-36 (i) covered in a manner that prevents the
1-37 use and viewing of the device, equipment, or paraphernalia and that
1-38 allows only the master and crew of the vessel to uncover the
1-39 device, equipment, or paraphernalia; and
1-40 (ii) disabled, electronically or by
1-41 another method, from a remote and secured area of the vessel in a
1-42 manner that allows only the master and crew of the vessel to remove
1-43 any disabling device;
1-44 (3) at all times while the vessel is in the
1-45 territorial waters of this state, no person other than the master
1-46 and crew of the vessel:
1-47 (A) is permitted to enter or view the portion of
1-48 the vessel in which the device, equipment, or paraphernalia is
1-49 located; or
1-50 (B) is permitted to uncover the device,
1-51 equipment, or paraphernalia or remove any disabling device located
1-52 on the vessel for the purposes of inspecting and repairing the
1-53 device, equipment, or paraphernalia <while the vessel is in the
1-54 territorial waters of this state>; and
1-55 (4) the device, equipment, or paraphernalia is not
1-56 used for gambling or other gaming purposes while the vessel is in
1-57 the territorial waters of this state.
1-58 SECTION 2. (a) The change in law made by this Act applies
1-59 only to an offense committed on or after the effective date of this
1-60 Act. For the purposes of this section, an offense is committed
1-61 before the effective date of this Act if any element of the offense
1-62 occurs before that date.
1-63 (b) An offense committed before the effective date of this
1-64 Act is covered by the law in effect when the offense was committed,
1-65 and the former law is continued in effect for that purpose.
1-66 SECTION 3. This Act takes effect September 1, 1995.
1-67 SECTION 4. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *