NDT H.B. 449 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 449 By: Eiland 2-27-97 Committee Report (Unamended) BACKGROUND Ships that dock in Texas waters can take passengers out to international waters, where gambling is legal. However, while riding into international waters, passengers may not be in a room where the gambling equipment is housed. This therefore limits the types of boats that can be used for these gambling cruises. PURPOSE HB 449 would create an affirmative defense to prosecution by allowing passengers on gambling ships to be in the same room as the gambling devices when the ship is in state waters. Passengers could only be in the room with the equipment as long as the devices are covered and the power supply to the devices have been cut off. Therefore, smaller ships -- that still can hold 2,000 passengers per trip -- could be used for the gambling cruises. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1.: Section 47.09 of the Penal Code is amended, creating subsection (b)(2)(b), which states that while a vessel is in territorial waters of the state, all gaming devices should be covered and electronically disabled. While in the waters of the state, the devices can only be removed by the master of the vessel or his or her crew. Creates subsection (b)(3)(b) which states that while the vessel is in territorial waters of the state, no one other than a member of the crew or the master can remove the disabling devices to inspect or repair the gaming equipment. Section 2.: A change in the law only applies to offenses committed after the effective date. Section 3.: Effective date, September 1, 1997.