Amend HB 3350 as follows:
      (1)  On page 4, line 19, through page 5, line 12, strike
SECTION 3 of the bill and substitute the following:
      SECTION 3.  Section 47.03(a), Penal Code, is amended to read
as follows:
      (a)  A person commits an offense if the person <he>
intentionally or knowingly does any of the following acts with the
intent to further gambling:
            (1)  operates or participates in the earnings of a
gambling place or gambling device;
            (2)  engages in bookmaking;
            (3)  for gain, becomes a custodian of anything of value
bet or offered to be bet;
            (4)  sells chances on the partial or final result of or
on the margin of victory in any game or contest or on the
performance of any participant in any game or contest or on the
result of any political nomination, appointment, or election or on
the degree of success of any nominee, appointee, or candidate; or
            (5)  for gain, sets up or promotes any lottery or sells
or offers to sell or knowingly possesses for transfer, or transfers
any card, stub, ticket, check, or other device designed to serve as
evidence of participation in any lottery.
      (2)  On page 5, strike lines 15-16, and substitute the
following:
      (e)  An offense under this section is a Class A misdemeanor,
unless the defendant has been previously convicted under this
section, in which event the the offense is a state jail felony.