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.