75R11815 MWV-F
By Place, Keel H.B. No. 3350
Substitute the following for H.B. No. 3350:
By Talton C.S.H.B. No. 3350
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal offenses applicable to gambling and
1-3 gambling devices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 47.01, Penal Code, is amended by amending
1-6 Subdivisions (4) and (9) and adding Subdivisions (10), (11), (12),
1-7 (13), and (14) to read as follows:
1-8 (4) "Gambling device" means any device, other than an
1-9 amusement machine, on which a game of skill or chance, or a
1-10 combination of skill and chance, can be played for consideration
1-11 and that is designed, constructed, adapted, or maintained to afford
1-12 a [electronic, electromechanical, or mechanical contrivance not
1-13 excluded under Paragraph (B) that for a consideration affords the]
1-14 player of the device an opportunity to obtain anything of value
1-15 based [, the award of which is determined] solely or partially on
1-16 [by] chance, without regard to whether the device is actually used
1-17 to afford a player an opportunity to obtain anything of value or
1-18 whether a thing of value is actually dispensed by the device [even
1-19 though accompanied by some skill, whether or not the prize is
1-20 automatically paid by the contrivance. The term:]
1-21 [(A) includes, but is not limited to, gambling
1-22 device versions of bingo, keno, blackjack, lottery, roulette, video
1-23 poker, or similar electronic, electromechanical, or mechanical
1-24 games, or facsimiles thereof, that operate by chance or partially
2-1 so, that as a result of the play or operation of the game award
2-2 credits or free games, and that record the number of free games or
2-3 credits so awarded and the cancellation or removal of the free
2-4 games or credits; and]
2-5 [(B) does not include any electronic,
2-6 electromechanical, or mechanical contrivance designed, made, and
2-7 adapted solely for bona fide amusement purposes if the contrivance
2-8 rewards the player exclusively with noncash merchandise prizes,
2-9 toys, or novelties, or a representation of value redeemable for
2-10 those items, that have a wholesale value available from a single
2-11 play of the game or device of not more than 10 times the amount
2-12 charged to play the game or device once or $5, whichever is less].
2-13 (9) "Thing of value," "anything of value," or
2-14 "something of value" includes anything that can be awarded to the
2-15 player of a device other than [means any benefit, but does not
2-16 include] an unrecorded and immediate right to continue playing the
2-17 device without paying additional consideration. Each of those
2-18 terms includes:
2-19 (A) a ticket or token that entitles the holder
2-20 to receive any other thing of value; or
2-21 (B) a game credit or replay right awarded by a
2-22 game machine or other device if the device is capable of
2-23 accumulating or recording and amending, canceling, or removing the
2-24 game credit or replay right [of replay not exchangeable for value].
2-25 (10) "Amusement machine" means a device that is
2-26 designed, constructed, and maintained solely for bona fide
2-27 amusement purposes that awards the player exclusively with prizes,
3-1 toys, novelties, other noncash merchandise, or with tickets or
3-2 tokens redeemable solely for noncash merchandise on the premises
3-3 where the machine is located that have a maximum wholesale value
3-4 available from a single play of the machine of not more than 10
3-5 times the amount charged to play the machine once or $5, whichever
3-6 is less. The term "amusement machine" does not include a video or
3-7 mechanical slot machine, eight-liner, or any device that has a
3-8 feature that, if activated or engaged, would:
3-9 (A) allow a player to increase the probability
3-10 of winning by paying a greater consideration than the minimum
3-11 required for a single play;
3-12 (B) allow a player to accumulate or carry over a
3-13 game credit or replay right from a single play of the device to the
3-14 next single play of the device and allow the game credit or replay
3-15 right to be altered, removed, canceled, or knocked off by a means
3-16 other than continuous play; or
3-17 (C) alter a player's probability of winning
3-18 based on the frequency or extent of previous winnings by the player
3-19 or by previous players.
3-20 (11) "Noncash merchandise" does not include any of the
3-21 following:
3-22 (A) a money order;
3-23 (B) a traveler's check;
3-24 (C) an item of cash equivalence; or
3-25 (D) a gift certificate, except a gift
3-26 certificate redeemable exclusively for merchandise on the premises
3-27 where the amusement machine is located.
4-1 (12) "Device" includes all or part of an operable or
4-2 inoperable mechanical, electronic, or electromechanical
4-3 contrivance, machine, or apparatus.
4-4 (13) "Gambling" means the offense described by Section
4-5 47.02.
4-6 (14) "Eight-liner" means an electronic device capable
4-7 of simulating the play of a mechanical slot machine or one-armed
4-8 bandit, regardless of the number of lines of play, that, for the
4-9 payment of consideration, affords or is purported to afford a
4-10 player of the device an opportunity to be awarded anything of value
4-11 based solely or partially on chance.
4-12 SECTION 2. Section 47.02(e), Penal Code, is amended to read
4-13 as follows:
4-14 (e) It is a defense to prosecution under this section that a
4-15 person played for something of value other than money using an
4-16 amusement machine [electronic, electromechanical, or mechanical
4-17 contrivance excluded from the definition of "gambling device"
4-18 under Section 47.01(4)(B)].
4-19 SECTION 3. Section 47.03, Penal Code, is amended to read as
4-20 follows:
4-21 Sec. 47.03. GAMBLING PROMOTION. (a) A person commits an
4-22 offense if the person [he] intentionally or knowingly does any of
4-23 the following acts with the intent to further gambling:
4-24 (1) operates or participates in the earnings of a
4-25 gambling place or gambling device;
4-26 (2) engages in bookmaking;
4-27 (3) for gain, becomes a custodian of anything of value
5-1 bet or offered to be bet;
5-2 (4) sells chances on the partial or final result of or
5-3 on the margin of victory in any game or contest or on the
5-4 performance of any participant in any game or contest or on the
5-5 result of any political nomination, appointment, or election or on
5-6 the degree of success of any nominee, appointee, or candidate; or
5-7 (5) for gain, sets up or promotes any lottery or sells
5-8 or offers to sell or knowingly possesses for transfer, or transfers
5-9 any card, stub, ticket, check, or other device designed to serve as
5-10 evidence of participation in any lottery.
5-11 (b) An offense under this section is a state jail felony
5-12 [Class A misdemeanor].
5-13 SECTION 4. Section 47.06(e), Penal Code, is amended to read
5-14 as follows:
5-15 (e) An offense under this section is a state jail felony
5-16 [Class A misdemeanor].
5-17 SECTION 5. This Act takes effect September 1, 1997.
5-18 SECTION 6. (a) The change in law made by this Act applies
5-19 only to an offense committed on or after the effective date of this
5-20 Act. For purposes of this section, an offense is committed before
5-21 the effective date of this Act if any element of the offense occurs
5-22 before the effective date.
5-23 (b) An offense committed before the effective date of this
5-24 Act is covered by the law in effect when the offense was committed,
5-25 and the former law is continued in effect for that purpose.
5-26 SECTION 7. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.