1-1 By: Place, Keel, Oakley (Senate Sponsor - Sibley) H.B. No. 3350
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 5; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the criminal offenses applicable to gambling and
1-9 gambling devices.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 47.01, Penal Code, is amended by amending
1-12 Subdivisions (4) and (9) and adding Subdivisions (10), (11), (12),
1-13 (13), and (14) to read as follows:
1-14 (4) "Gambling device" means any device, other than an
1-15 amusement machine, on which a game of skill or chance, or a
1-16 combination of skill and chance, can be played for consideration
1-17 and that is designed, constructed, adapted, or maintained to afford
1-18 a [electronic, electromechanical, or mechanical contrivance not
1-19 excluded under Paragraph (B) that for a consideration affords the]
1-20 player of the device an opportunity to obtain anything of value
1-21 based [, the award of which is determined] solely or partially on
1-22 [by] chance, without regard to whether the device is actually used
1-23 to afford a player an opportunity to obtain anything of value or
1-24 whether a thing of value is actually dispensed by the device [even
1-25 though accompanied by some skill, whether or not the prize is
1-26 automatically paid by the contrivance. The term:]
1-27 [(A) includes, but is not limited to, gambling
1-28 device versions of bingo, keno, blackjack, lottery, roulette, video
1-29 poker, or similar electronic, electromechanical, or mechanical
1-30 games, or facsimiles thereof, that operate by chance or partially
1-31 so, that as a result of the play or operation of the game award
1-32 credits or free games, and that record the number of free games or
1-33 credits so awarded and the cancellation or removal of the free
1-34 games or credits; and]
1-35 [(B) does not include any electronic,
1-36 electromechanical, or mechanical contrivance designed, made, and
1-37 adapted solely for bona fide amusement purposes if the contrivance
1-38 rewards the player exclusively with noncash merchandise prizes,
1-39 toys, or novelties, or a representation of value redeemable for
1-40 those items, that have a wholesale value available from a single
1-41 play of the game or device of not more than 10 times the amount
1-42 charged to play the game or device once or $5, whichever is less].
1-43 (9) "Thing of value," "anything of value," or
1-44 "something of value" includes anything that can be awarded to the
1-45 player of a device other than [means any benefit, but does not
1-46 include] an unrecorded and immediate right to continue playing the
1-47 device without paying additional consideration. Each of those
1-48 terms includes:
1-49 (A) a ticket or token that entitles the holder
1-50 to receive any other thing of value; or
1-51 (B) a game credit or replay right awarded by a
1-52 game machine or other device if the device is capable of
1-53 accumulating or recording and amending, canceling, or removing the
1-54 game credit or replay right [of replay not exchangeable for value].
1-55 (10) "Amusement machine" means a device that is
1-56 designed, constructed, and maintained solely for bona fide
1-57 amusement purposes that awards the player exclusively with prizes,
1-58 toys, novelties, other noncash merchandise, or with tickets or
1-59 tokens redeemable solely for noncash merchandise on the premises
1-60 where the machine is located that have a maximum wholesale value
1-61 available from a single play of the machine of not more than 10
1-62 times the amount charged to play the machine once or $5, whichever
1-63 is less. The term "amusement machine" does not include a video or
1-64 mechanical slot machine, eight-liner, or any device that has a
2-1 feature that, if activated or engaged, would:
2-2 (A) allow a player to increase the probability
2-3 of winning by paying a greater consideration than the minimum
2-4 required for a single play;
2-5 (B) allow a player to accumulate or carry over a
2-6 game credit or replay right from a single play of the device to the
2-7 next single play of the device and allow the game credit or replay
2-8 right to be altered, removed, canceled, or knocked off by a means
2-9 other than continuous play; or
2-10 (C) alter a player's probability of winning
2-11 based on the frequency or extent of previous winnings by the player
2-12 or by previous players.
2-13 (11) "Noncash merchandise" does not include any of the
2-14 following:
2-15 (A) a money order;
2-16 (B) a traveler's check;
2-17 (C) an item of cash equivalence; or
2-18 (D) a gift certificate, except a gift
2-19 certificate redeemable exclusively for merchandise on the premises
2-20 where the amusement machine is located.
2-21 (12) "Device" includes all or part of an operable or
2-22 inoperable mechanical, electronic, or electromechanical
2-23 contrivance, machine, or apparatus.
2-24 (13) "Gambling" means the offense described by Section
2-25 47.02.
2-26 (14) "Eight-liner" means an electronic device capable
2-27 of simulating the play of a mechanical slot machine or one-armed
2-28 bandit, regardless of the number of lines of play, that, for the
2-29 payment of consideration, affords or is purported to afford a
2-30 player of the device an opportunity to be awarded anything of value
2-31 based solely or partially on chance.
2-32 SECTION 2. Section 47.02(e), Penal Code, is amended to read
2-33 as follows:
2-34 (e) It is a defense to prosecution under this section that a
2-35 person played for something of value other than money using an
2-36 amusement machine [electronic, electromechanical, or mechanical
2-37 contrivance excluded from the definition of "gambling device"
2-38 under Section 47.01(4)(B)].
2-39 SECTION 3. Section 47.03(a), Penal Code, is amended to read
2-40 as follows:
2-41 (a) A person commits an offense if the person [he]
2-42 intentionally or knowingly does any of the following acts with the
2-43 intent to further gambling:
2-44 (1) operates or participates in the earnings of a
2-45 gambling place or gambling device;
2-46 (2) engages in bookmaking;
2-47 (3) for gain, becomes a custodian of anything of value
2-48 bet or offered to be bet;
2-49 (4) sells chances on the partial or final result of or
2-50 on the margin of victory in any game or contest or on the
2-51 performance of any participant in any game or contest or on the
2-52 result of any political nomination, appointment, or election or on
2-53 the degree of success of any nominee, appointee, or candidate; or
2-54 (5) for gain, sets up or promotes any lottery or sells
2-55 or offers to sell or knowingly possesses for transfer, or transfers
2-56 any card, stub, ticket, check, or other device designed to serve as
2-57 evidence of participation in any lottery.
2-58 SECTION 4. Section 47.06(e), Penal Code, is amended to read
2-59 as follows:
2-60 (e) An offense under this section is a Class A misdemeanor,
2-61 unless the defendant has been previously convicted under this
2-62 section, in which event the offense is a state jail felony.
2-63 SECTION 5. This Act takes effect September 1, 1997.
2-64 SECTION 6. (a) The change in law made by this Act applies
2-65 only to an offense committed on or after the effective date of this
2-66 Act. For purposes of this section, an offense is committed before
2-67 the effective date of this Act if any element of the offense occurs
2-68 before the effective date.
2-69 (b) An offense committed before the effective date of this
3-1 Act is covered by the law in effect when the offense was committed,
3-2 and the former law is continued in effect for that purpose.
3-3 SECTION 7. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.
3-8 * * * * *