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.
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