SRC-JRN H.B. 3350 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3350
By: Place (Sibley)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, there are gambling machines, called eight-liners, that look and
play like machines found in casinos.  Because the accumulation of prizes
from these machines increases the value of the prizes, some awarded gift
certificates may be worth more than is presently allowed to be awarded by
state law.  This bill bans eight-liner gambling machines that simulate
casino games. 

PURPOSE

As proposed, H.B. 3350 bans eight-liner gambling machines that simulate
casino games. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 47.01, Penal Code, by amending Subdivisions (4)
and (9) and adding Subdivisions (10)-(14), to define "gambling device,"
"thing of value," "anything of value," "something of value," "amusement
machine," "noncash merchandise," "device," "gambling," and "eight-liner." 

SECTION 2. Amends Section 47.02(e), Penal Code, to provide that it is a
defense to prosecution under this section that a person played for
something of value other than money using an amusement machine, rather
than electronic, electromechanical, or mechanical contrivance excluded
from the definition of "gambling device" under Section 47.01(4)(B). 

SECTION 3. Amends Section 47.03(a), Penal Code, to provide that a person
commits an offense if the person intentionally or knowingly commits
certain acts with the intent to further gambling, including operating or
participating in the earnings of a gambling place or gambling device. 

SECTION 4. Amends Section 47.06(e), Penal Code, to provide that 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. Effective date: September 1, 1997.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Emergency clause.