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.