Amend HB 3350 by striking everything below the enacting
clause and replacing it with the following:
SECTION 1. Section 47.01, Penal Code, is amended by amending
Subdivisions (4) and (9) and adding the following new definitions
in the appropriate location and renumber accordingly:
(4) "Gambling device" means any device, that is not an
amusement machine as defined by this chapter, and:
(A) <includes, but is not limited to, gambling device
versions of bingo, keno, blackjack, lottery, roulette, video poker,
or similar electronic, electromechanical, or mechanical games, or
facsimiles thereof, that operate by chance or partially so, that as
a result of the play or operation of the game award credits or free
games, and that record the number of free games or credits so
awarded and the cancellation or removal of the free games or
credits> is a game of chance or a combination of skill and chance,
that can be played for consideration and is designed, constructed,
adapted or maintained to afford a <electronic, electromechanical,
or mechanical contrivance not excluded--under Paragraph (b) that
for a consideration affords the> player of the device an
opportunity to obtain anything of value based<, the award of which
is determined> solely or partially on <by> chance; and,
(B) <does not include any electronic,
electromechanical, or mechanical contrivance designed, made, and
adapted solely for bona fide amusement purposes if the contrivance
rewards the player exclusively with noncash merchandise prizes,
toys, or novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single
play of the game or device of not more than 10 times the amount
charged to play the game or device once or $5, whichever is less>
any other device that:
(1) allows a player to increase the probability
of winning by paying a greater consideration than the minimum
required for a single play; or,
(2) allows a player to accumulate or carry over a
game credit or replay right from a single play of the device to the
next single play of the device and allow the game credit or replay
right to be altered, removed, cancelled, or knocked off by a means
other than continuous play.
(9) "Thing of value," "anything of value," or "something of
value" includes anything that can be awarded to the player of a
gambling device other than <means any benefit, but does not
include> an unrecorded and immediate right to continue playing the
device without paying additional consideration. Each of those
terms includes:
(A) a ticket or token that entitles the holder to receive any
other thing of value;
(B) a game credit or replay right awarded by a gambling
device if it is capable of accumulating or recording and amending,
canceling, or removing the game credit or replay right <of replay
not exchangeable for value>.
( ) "Amusement machine" means a device that is designed,
constructed, and maintained solely for bona fide amusement purposes
that awards the player exclusively with prizes, toys, novelties,
other noncash merchandise or with tickets or tokens redeemable
solely for gift certificates or noncash merchandise that have a
maximum wholesale value, not exceeding $5, available from a single
play of the machine. An amusement machine is not a gambling
device, as defined in this chapter, and the prohibitions and
penalties in this chapter do not apply to amusement machines.
( ) "Device" includes all or part of an operable or
inoperable mechanical, electronic, or electromechanical
contrivance, machine, or apparatus.
( ) "Gambling" means the offense described by Section 47.02.
( ) "Noncash merchandise" does not include any of the
following:
(A) a money order;
(B) a traveler's check; or
(C) an item of cash equivalence, other than a gift
certificate.
( ) "Single play" means the insertion of a consideration
into a contrivance, device or machine that allows the player to
take part in one turn, chance, or play of contrivance, device or
machine.
SECTION 2. Section 47.02(e), Penal Code, is amended to read
as follows:
(e) It is a defense to prosecution under this section that a
person played for something of value other than money using an
amusement machine <electronic, electromechanical, or mechanical
contrivance excluded from the definition of "gaming device" under
Section 47.01(4)(B)>.
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.
SECTION 4. Section 47.06(b) and (e), Penal Code, is amended
to read as follows:
(b) A person commits an offense if, with the intent to
further gambling, he knowingly owns, manufacturers, transfers
commercially, or possesses a mechanical or electromechanical slot
machine or any altered gambling equipment that he knows is designed
for gambling purposes or any equipment that he knows is designed as
a subassembly or essential part of such device.
(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 offense is a state jail felony.
SECTION 5. This Act takes effect December 1, 1997.
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 7. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.
SIBLEY
CARONA
PATTERSON