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.