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.

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