AEZ C.S.H.B. 3350 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 3350
By: Place
5-5-97
Committee Report (Substituted)

BACKGROUND 

There are machines, most commonly known as "eight-liners," that can look
and play like machines found in casinos. Through the process of
accumulation, prizes can increase. In some areas of the state, the
machines pay-off with gift certificates that are worth more than is
presently allowed by state law. 

PURPOSE

CSHB 3350, as proposed, would ban machines that simulate casino games.

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.  Amends Section 47.01 Penal Code, Definitions, by:

 Amending the definition of "gambling device" and deleting sec.
407.01(4)(A) and (B);   

Amending the definition of "thing of value;"

Adding new Subsection 10 defining "amusement machine;" Subsection 11
defining "non-cash merchandise;" Subsection 12 defining "Device;"
Subsection 13 defining "gambling;" and Subsection 14 defining
"Eight-liner." 

SECTION 2.Amends Section 47.02(e) Penal Code  by allowing a defense to
prosecution under this section that a person played for something of value
other than money using an amusement machine.   

SECTION 3.Amends Section 47.03, Penal Code GAMBLING PROMOTION by adding
the operating of gambling device.  Makes offenses under this section a
state jail felony. 

SECTION 4.Amends Section 47.06(e) by making an offense under this section
a state jail felony. 

SECTION 5.Effective Date:  September 1, 1997.

SECTION 6.The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 7.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute provides that the definition of "gambling device" is any
device, other than an amusement machine, on which a game of skill or
chance, or a combination of skill or chance, can be played for
consideration and that is designed, constructed, adapted, or maintained to
afford a  player of the device an opportunity to obtain anything of value
based solely or partially  on chance, without regard to whether the device
is actually used to afford a player an opportunity to obtain anything of
value or whether a thing of value is actually dispensed by the device. 

The substitute amends Subsection (9) which defines "thing of value".  CSHB
3350 adds the following Subsections:  Subsection (10) which defines
"amusement machine", Subsection (11) which defines "noncash merchandise",
Subsection (12) which defines "device", Subsection (13) which defines
"gambling" and Subsection (14) which defines "eight-liner".  These
definitions were not included in the original bill.  The substitute also
changes the offense of gambling promotion from a Class A misdemeanor to a
state jail felony.  The substitute also changes the offense of possession
of gambling device, equipment or paraphernalia from a Class A misdemeanor
to a state jail felony.