1-1 AN ACT
1-2 relating to the control of and disabling of gambling devices,
1-3 equipment, or paraphernalia while an ocean-going vessel is in the
1-4 territorial waters of this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 47.09(b), Penal Code, is amended to read
1-7 as follows:
1-8 (b) It is an affirmative defense to prosecution under
1-9 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
1-10 equipment, or paraphernalia is aboard an ocean-going vessel that
1-11 enters the territorial waters of this state to call at a port in
1-12 this state if:
1-13 (1) before the vessel enters the territorial waters of
1-14 this state, the district attorney or, if there is no district
1-15 attorney, the county attorney for the county in which the port is
1-16 located receives notice of the existence of the device, equipment,
1-17 or paraphernalia on board the vessel and of the anticipated dates
1-18 on which the vessel will enter and leave the territorial waters of
1-19 this state;
1-20 (2) except as permitted by Subdivision (3), at all
1-21 times while the vessel is in the territorial waters of this state:
1-22 (A) the portion of the vessel in which the
1-23 device, equipment, or paraphernalia is located is locked or
1-24 otherwise physically secured in a manner that makes the area
2-1 inaccessible to anyone other than the master and crew of the vessel
2-2 [at all times while the vessel is in the territorial waters of this
2-3 state]; or
2-4 (B) all devices, equipment, or paraphernalia
2-5 are:
2-6 (i) covered in a manner that prevents the
2-7 use or viewing of the device, equipment, or paraphernalia and that
2-8 allows only the master or crew of the vessel to uncover the device,
2-9 equipment, or paraphernalia; and
2-10 (ii) disabled, electronically or by
2-11 another method, from a remote and secured area of the vessel in a
2-12 manner that allows only the master or crew of the vessel to remove
2-13 any disabling device;
2-14 (3) at all times while the vessel is in the
2-15 territorial waters of this state, no person other than the master
2-16 and crew of the vessel is permitted, except for the purposes of
2-17 inspecting or repairing the device, equipment, or paraphernalia,
2-18 to:
2-19 (A) enter or view the portion of the vessel in
2-20 which the device, equipment, or paraphernalia is locked or secured
2-21 under Subdivision (2)(A); or
2-22 (B) uncover the device, equipment, or
2-23 paraphernalia or remove any disabling device located on the vessel
2-24 [located while the vessel is in the territorial waters of this
2-25 state]; and
2-26 (4) the device, equipment, or paraphernalia is not
2-27 used for gambling or other gaming purposes while the vessel is in
3-1 the territorial waters of this state.
3-2 SECTION 2. (a) The change in law made by this Act applies
3-3 only to an offense committed on or after the effective date of this
3-4 Act. For the purposes of this section, an offense is committed
3-5 before the effective date of this Act if any element of the offense
3-6 occurs before that date.
3-7 (b) An offense committed before the effective date of this
3-8 Act is covered by the law in effect when the offense was committed,
3-9 and the former law is continued in effect for that purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 449 was passed by the House on March
26, 1997, by the following vote: Yeas 107, Nays 36, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 449 was passed by the Senate on May
8, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor