Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Place                                        H.B. No. 3350

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of "gambling device" for the purposes of

 1-3     prosecuting certain offenses under the Penal Code.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 47.01(4), Penal Code, is amended to read

 1-6     as follows:

 1-7                 (4)  "Gambling device" means any electronic,

 1-8     electromechanical, or mechanical contrivance [not excluded under

 1-9     Paragraph (B)] that for a consideration affords the player an

1-10     opportunity to obtain anything of value, the award of which is

1-11     determined solely or partially by chance, even though accompanied

1-12     by some skill, whether or not the prize is automatically paid by

1-13     the contrivance.  The term[:]

1-14                       [(A)]  includes, but is not limited to, gambling

1-15     device versions of bingo, keno, blackjack, lottery, roulette, video

1-16     poker, or similar electronic, electromechanical, or mechanical

1-17     games, or facsimiles thereof, that operate by chance or partially

1-18     so, that as a result of the play or operation of the game award

1-19     credits or free games, and that record the number of free games or

1-20     credits so awarded and the cancellation or removal of the free

1-21     games or credits[; and]

1-22                       [(B)  does not include any electronic,

1-23     electromechanical, or mechanical contrivance designed, made, and

1-24     adapted solely for bona fide amusement purposes if the contrivance

 2-1     rewards the player exclusively with noncash merchandise prizes,

 2-2     toys, or novelties, or a representation of value redeemable for

 2-3     those items, that have a wholesale value available from a single

 2-4     play of the game or device of not more than 10 times the amount

 2-5     charged to play the game or device once or $5, whichever is less].

 2-6           SECTION 2.  (a)  The change in law made by this Act applies

 2-7     only to an offense committed on or after the effective date of this

 2-8     Act.  For purposes of this section, an offense is committed before

 2-9     the effective date of this Act if any element of the offense occurs

2-10     before the effective date.

2-11           (b)  An offense committed before the effective date of this

2-12     Act is covered by the law in effect when the offense was committed,

2-13     and the former law is continued in effect for that purpose.

2-14           SECTION 3.  This Act takes effect September 1, 1997.

2-15           SECTION 4.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.