By Brown                                               S.B. No. 884
       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.