By Patterson                                     S.B. No. 864

      75R2703 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the control of and disabling of gambling devices,

 1-3     equipment, or paraphernalia while an ocean-going vessel is in the

 1-4     territorial waters of this state.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 47.09(b), Penal Code, is amended to read

 1-7     as follows:

 1-8           (b)  It is an affirmative defense to prosecution under

 1-9     Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,

1-10     equipment, or paraphernalia is aboard an ocean-going vessel that

1-11     enters the territorial waters of this state to call at a port in

1-12     this state if:

1-13                 (1)  before the vessel enters the territorial waters of

1-14     this state, the district attorney or, if there is no district

1-15     attorney, the county attorney for the county in which the port is

1-16     located receives notice of the existence of the device, equipment,

1-17     or paraphernalia on board the vessel and of the anticipated dates

1-18     on which the vessel will enter and leave the territorial waters of

1-19     this state;

1-20                 (2)  except as permitted by Subdivision (3), at all

1-21     times while the vessel is in the territorial waters of this state:

1-22                       (A)  the portion of the vessel in which the

1-23     device, equipment, or paraphernalia is located is locked or

1-24     otherwise physically secured in a manner that makes the area

 2-1     inaccessible to anyone other than the master and crew of the vessel

 2-2     [at all times while the vessel is in the territorial waters of this

 2-3     state]; or

 2-4                       (B)  all devices, equipment, or paraphernalia

 2-5     are:

 2-6                             (i)  covered in a manner that prevents the

 2-7     use or viewing of the device, equipment, or paraphernalia and that

 2-8     allows only the master or crew of the vessel to uncover the device,

 2-9     equipment, or paraphernalia; and

2-10                             (ii)  disabled, electronically or by

2-11     another method, from a remote and secured area of the vessel in a

2-12     manner that allows only the master or crew of the vessel to remove

2-13     any disabling device;

2-14                 (3)  at all times while the vessel is in the

2-15     territorial waters of this state, no person other than the master

2-16     and crew of the vessel:

2-17                       (A)  is permitted to enter or view the portion of

2-18     the vessel in which the device, equipment, or paraphernalia is

2-19     located; or

2-20                       (B)  is permitted to uncover the device,

2-21     equipment, or paraphernalia or remove any disabling device located

2-22     on the vessel for the purposes of inspecting or repairing the

2-23     device, equipment, or paraphernalia [while the vessel is in the

2-24     territorial waters of this state]; and

2-25                 (4)  the device, equipment, or paraphernalia is not

2-26     used for gambling or other gaming purposes while the vessel is in

2-27     the territorial waters of this state.

 3-1           SECTION 2.  (a)  The change in law made by this Act applies

 3-2     only to an offense committed on or after the effective date of this

 3-3     Act.  For the purposes of this section, an offense is committed

 3-4     before the effective date of this Act if any element of the offense

 3-5     occurs before that date.

 3-6           (b)  An offense committed before the effective date of this

 3-7     Act is covered by the law in effect when the offense was committed,

 3-8     and the former law is continued in effect for that purpose.

 3-9           SECTION 3.  This Act takes effect September 1, 1997.

3-10           SECTION 4.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.