By Sibley                                       S.B. No. 1701

      75R8615 MWV-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of gambling and gambling devices.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 47, Penal Code, is amended to read as

 1-5     follows:

 1-6                            CHAPTER 47.  GAMBLING

 1-7           Sec. 47.01.  Definitions.  In this chapter:

 1-8                 (1)  "Bet" means an agreement to win or lose a thing

 1-9     [something] of value solely or partially by chance.  A bet does not

1-10     include:

1-11                       (A)  contracts of indemnity or guaranty, or life,

1-12     health, property, or accident insurance; or

1-13                       (B)  an offer of a prize, award, or compensation

1-14     to the actual contestants in a bona fide contest for the

1-15     determination of skill, speed, strength, or endurance or to the

1-16     owners of animals, vehicles, watercraft, or aircraft entered in a

1-17     contest[; or]

1-18                       [(C)  an offer of merchandise, with a value not

1-19     greater than $25, made by the proprietor of a bona fide carnival

1-20     contest conducted at a carnival sponsored by a nonprofit religious,

1-21     fraternal, school, law enforcement, youth, agricultural, or civic

1-22     group, including any nonprofit agricultural or civic group

1-23     incorporated by the state before 1955, if the person to receive the

1-24     merchandise from the proprietor is the person who performs the

 2-1     carnival contest].

 2-2                 (2)  "Bookmaking" means:

 2-3                       (A)  to receive, [and] record, or [to] forward

 2-4     [more than] five or more bets or offers to bet in a period of 24

 2-5     hours;

 2-6                       (B)  to receive, [and] record, or [to] forward

 2-7     one or more bets or offers to bet totaling [more than] $1,000 or

 2-8     more in a period of 24 hours; or

 2-9                       (C)  a scheme by three or more persons to

2-10     receive, record, or forward one or more bets or offers [a bet or an

2-11     offer] to bet.

2-12                 (3)  "Gambling place" means any real estate, building,

2-13     room, tent, vehicle, boat, computer, or other property whatsoever,

2-14     one of the uses of which is the making or settling of bets,

2-15     bookmaking, [or] the conducting of a lottery, [or] the playing of a

2-16     gambling device, or other gambling [devices].

2-17                 (4)  "Gambling device" means any electronic,

2-18     electromechanical, or mechanical contrivance [not excluded under

2-19     Paragraph (B)] that for a consideration affords the player an

2-20     opportunity to obtain a thing [anything] of value, the award of

2-21     which is determined solely or partially by chance, even though

2-22     accompanied by some skill, whether or not the prize is

2-23     automatically paid by the contrivance.  The term:

2-24                       (A)  includes a slot machine, gray machine, video

2-25     lottery machine, or a[, but is not limited to,] gambling device

2-26     version [versions] of bingo, keno, blackjack, lottery, roulette,

2-27     video poker, or similar electronic, electromechanical, or

 3-1     mechanical game or facsimile game that:

 3-2                             (i)  operates solely or partially by

 3-3     chance; [games, or facsimiles thereof, that operate by chance or

 3-4     partially so,]

 3-5                             (ii)  [that] as a result of the play or

 3-6     operation of the game, allows the player to collect [award] credits

 3-7     or free games;

 3-8                             (iii)  records[, and that record] the

 3-9     number of free games or credits collected; [so awarded] and

3-10                             (iv)  allows the amendment, cancellation,

3-11     or removal of the free games or credits; and

3-12                       (B)  does not include an amusement machine or a

3-13     purported amusement machine [any electronic, electromechanical, or

3-14     mechanical contrivance designed, made, and adapted solely for bona

3-15     fide amusement purposes if the contrivance rewards the player

3-16     exclusively with noncash merchandise prizes, toys, or novelties, or

3-17     a representation of value redeemable for those items, that have a

3-18     wholesale value available from a single play of the game or device

3-19     of not more than 10 times the amount charged to play the game or

3-20     device once or $5, whichever is less].

3-21                 (5)  "Altered gambling equipment" means any contrivance

3-22     that has been altered in some manner contrary to the express or

3-23     commonly understood rules of the game.  The term includes,

3-24     [including,] but is not limited to, shaved dice, loaded dice,

3-25     magnetic dice, mirror rings, electronic sensors, shaved cards,

3-26     marked cards, and any other equipment altered or designed to

3-27     enhance the actor's chances of winning contrary to the express or

 4-1     commonly understood rules of the game.

 4-2                 (6)  "Gambling paraphernalia" means:

 4-3                       (A)  any book, instrument, or apparatus by means

 4-4     of which one or more bets have been or may be recorded or

 4-5     registered; or

 4-6                       (B)  any record, ticket, certificate, bill, slip,

 4-7     token, writing, scratch sheet, or other means of carrying on

 4-8     bookmaking or [,] wagering pools, lotteries, numbers, policy, or

 4-9     similar games.

4-10                 (7)  "Lottery" means any scheme or procedure whereby

4-11     one or more prizes are distributed by chance among persons who have

4-12     paid or promised consideration for a chance to win a thing

4-13     [anything] of value.  The term includes a[, whether such] scheme or

4-14     procedure such as [is called] a pool, lottery, raffle, gift, gift

4-15     enterprise, sale, policy game, or some other name.

4-16                 (8)  "Private place" means a place to which the public

4-17     does not have access.  The term does not include [and excludes,

4-18     among other places,] streets, highways, restaurants, taverns,

4-19     nightclubs, schools, hospitals, and the common areas of apartment

4-20     houses, hotels, motels, office buildings, transportation

4-21     facilities, and shops.

4-22                 (9)  "Thing of value" means any benefit.  The term[,

4-23     but] does not include an unrecorded and immediate right of replay

4-24     not exchangeable for value.

4-25                 (10)  "Amusement machine" means an electronic,

4-26     electromechanical, or mechanical contrivance or device designed,

4-27     made, or adapted solely for a bona fide amusement purpose, if:

 5-1                       (A)  the machine is used to reward a player

 5-2     exclusively;

 5-3                       (B)  the machine:

 5-4                             (i)  is designed so that skill is a

 5-5     substantial factor determining the outcome of the play of the

 5-6     machine;

 5-7                             (ii)  is registered with the comptroller's

 5-8     office; and

 5-9                             (iii)  has affixed a valid tax exempt stamp

5-10     or current tax stamp issued under Article 8817, Revised Statutes;

5-11     and

5-12                       (C)  the machine:

5-13                             (i)  is not a gray machine or a video

5-14     lottery machine;

5-15                             (ii)  cannot accept more than one coin or

5-16     token to influence the outcome of a single play of the game;

5-17                             (iii)  does not have an internal retention

5-18     mechanism that controls or determines the outcome of the play of

5-19     the machine; and

5-20                             (iv)  does not allow amendment,

5-21     cancellation, or removal of the number of free games or credits

5-22     that a player has accumulated as a result of the play of the

5-23     machine.

5-24                 (11)  "Purported amusement machine" means a contrivance

5-25     or device represented by the contrivance's or device's owner or

5-26     operator to be an amusement machine if the person's representation

5-27     would create a reasonable belief by another of the machine's

 6-1     status.

 6-2                 (12)  "Carnival game" means a game or contest that is:

 6-3                       (A)  operated or conducted as bona fide amusement

 6-4     at a carnival sponsored by a nonprofit religious, fraternal,

 6-5     school, law enforcement, youth, agricultural, or civic group or

 6-6     organization; and

 6-7                       (B)  designed so that skill is a substantial

 6-8     factor determining outcome of the game or contest.

 6-9                 (13)  "Casino game" means one of the traditional

6-10     gambling games, including acey-deucey, baccarat, beat the banker,

6-11     blackjack, chemin de fer, chuck-a-luck or Chinese chuck-a-luck (dai

6-12     shu), craps, dice, fan-tan, faro, klondike, monte, pai gou,

6-13     panguingui, poker, red dog, roulette, seven-and-a-half, Texas

6-14     hold-em, twenty-one, or wheel of fortune, or other similar gambling

6-15     games.

6-16                 (14)  "Gray machine" means an electronic,

6-17     electromechanical, or mechanical contrivance or device, regardless

6-18     of whether the machine is in working order, requires  some act of

6-19     manipulation, repair, adjustment, or modification to render it

6-20     operational, or may sell, dispense, award, or otherwise deliver a

6-21     thing of value on a basis other than chance, that:

6-22                       (A)  contains or is readily adaptable to contain

6-23     a circuit, meter, or switch capable of removing or recording the

6-24     removal of credits or free games earned by a player, other than by

6-25     removal during the course of continuous play; or

6-26                       (B)  plays or simulates a casino game, bingo, or

6-27     keno.

 7-1                 (15)  "Gambling" means the offense as provided by

 7-2     Section 47.02.

 7-3                 (16)  "Single play" means the insertion of a coin or

 7-4     token into a contrivance, device, or machine that allows the player

 7-5     to take part in one turn, chance, or play of the contrivance,

 7-6     device, or machine.

 7-7                 (17)  "Video lottery machine" means an electronic video

 7-8     game machine, including a video poker, keno, or blackjack machine,

 7-9     utilizing a video display and microprocessor that, on insertion of

7-10     a coin or token, is available to play or simulate the play of a

7-11     video game in which:

7-12                       (A)  the player may receive a free game or credit

7-13     that is redeemable for cash, coins, tokens, coupons, or another

7-14     representation of value; or

7-15                       (B)  the machine directly dispenses cash, coins,

7-16     tokens, coupons, or another representation of value.

7-17           Sec. 47.02.  Gambling.  (a)  A person commits an offense if

7-18     the person [he:]

7-19                 [(1)]  makes a bet on:

7-20                 (1)  the partial or final result of a game or contest;

7-21     or

7-22                 (2)  [on] the performance of a participant in a game or

7-23     contest[;]

7-24                 [(2)  makes a bet on the result of any political

7-25     nomination, appointment, or election or on the degree of success of

7-26     any nominee, appointee, or candidate; or]

7-27                 [(3)  plays and bets for money or other thing of value

 8-1     at any game played with cards, dice, balls, or any other gambling

 8-2     device].

 8-3           (b)  It is an affirmative [a] defense to prosecution under

 8-4     this section:

 8-5                 (1)  that:

 8-6                       (A) [(1)]  the actor engaged in social gambling

 8-7     in a private place;

 8-8                       (B) [(2)]  no person received any economic

 8-9     benefit other than personal winnings; and

8-10                       (C) [(3)]  except for the advantage of skill or

8-11     luck, the risks of losing and the chances of winning were the same

8-12     for all participants;

8-13                 (2)  [.  (c)  It is a defense to prosecution under this

8-14     section] that the actor reasonably believed that the conduct was

8-15     subject to a defensive issue described in Section 47.11; or

8-16                 (3)  that the only thing of value the actor reasonably

8-17     believed could be won was from playing an amusement machine or

8-18     carnival game and:

8-19                       (A)  the thing of value was a noncash merchandise

8-20     prize, toy, novelty, or a representation of value redeemable only

8-21     for those items, that had a wholesale value available from a single

8-22     play of the machine or game of not more than 10 times the amount

8-23     charged for a single play on the machine or game or $15, whichever

8-24     is less; and

8-25                       (B)  the actor received the merchandise, prize,

8-26     toy, novelty, or representation of value  from the owner or

8-27     operator of the machine or game immediately after winning the

 9-1     single play on the machine or game.

 9-2           (c)  It is a defense to prosecution under this section that

 9-3     the conduct:

 9-4                 (1)  was authorized or permitted under the Bingo

 9-5     Enabling Act (Article 179d, Vernon's Texas Civil Statutes);

 9-6                 (2)  was authorized or permitted under the Texas Racing

 9-7     Act (Article 179e, Vernon's Texas Civil Statutes);

 9-8                 (3)  was authorized or permitted under the Charitable

 9-9     Raffle Enabling Act (Article 179f, Revised Statutes);

9-10                 (4)  was authorized or permitted under [(3)  consisted

9-11     entirely of participation in the state lottery authorized by] the

9-12     State Lottery Act (Chapter 466, Government Code);

9-13                 [(4)  was permitted under the Texas Racing Act (Article

9-14     179e, Vernon's Texas Civil Statutes); or]

9-15                 (5)  consisted entirely of participation in a drawing

9-16     for hunting privileges authorized under the Parks and Wildlife

9-17     Code; or

9-18                 (6)  was expressly authorized or permitted by other

9-19     law.

9-20           (d)  Except as provided by Subsection (e), an [An] offense

9-21     under this section is a Class C misdemeanor.

9-22           (e)  An offense under this section is a Class B misdemeanor

9-23     if the value of the bets made or things of value received by an

9-24     actor was $50 or more  [It is a defense to prosecution under this

9-25     section that a person played for something of value other than

9-26     money using an electronic, electromechanical, or mechanical

9-27     contrivance excluded from the definition of "gambling device" under

 10-1    Section 47.01(4)(B)].

 10-2          Sec. 47.03.  Gambling Promotion.  (a)  A person commits an

 10-3    offense if the person [he] intentionally or knowingly does any of

 10-4    the following acts with the intent to further gambling:

 10-5                (1)  operates or participates in the earnings of a

 10-6    gambling place;

 10-7                (2)  engages in bookmaking; or

 10-8                (3)  for gain:

 10-9                      (A)  [,] becomes a custodian of anything of value

10-10    bet or offered to be bet;

10-11                      (B) [(4)]  sells a chance or bet; or

10-12                      (C)  [chances on the partial or final result of

10-13    or on the margin of victory in any game or contest or on the

10-14    performance of any participant in any game or contest or on the

10-15    result of any political nomination, appointment, or election or on

10-16    the degree of success of any nominee, appointee, or candidate; or]

10-17                [(5)  for gain,] sets up or promotes any lottery or

10-18    sells or offers to sell or knowingly possesses for transfer, or

10-19    transfers any card, stub, ticket, check, or other device designed

10-20    to serve as evidence of participation in any lottery.

10-21          (b)  An offense under this section is a state jail felony

10-22    [Class A misdemeanor].

10-23          Sec. 47.04.  Keeping a Gambling Place.  (a)  A person commits

10-24    an offense if, with intent to further gambling, the person [he]

10-25    knowingly uses or permits another to use property owned or under

10-26    the person's control as a gambling place [any real estate,

10-27    building, room, tent, vehicle, boat, or other property whatsoever

 11-1    owned by him or under his control, or rents or lets any such

 11-2    property with a view or expectation that it be so used].

 11-3          (b)  [It is an affirmative defense to prosecution under this

 11-4    section that:]

 11-5                [(1)  the gambling occurred in a private place;]

 11-6                [(2)  no person received any economic benefit other

 11-7    than personal winnings; and]

 11-8                [(3)  except for the advantage of skill or luck, the

 11-9    risks of losing and the chances of winning were the same for all

11-10    participants.]

11-11          [(c)]  An offense under this section is a Class A

11-12    misdemeanor.

11-13          Sec. 47.05.  Communicating Gambling Information.  (a)  A

11-14    person commits an offense if, with the intent to further gambling,

11-15    the person [he] knowingly:

11-16                (1)  communicates information as to bets, betting odds,

11-17    or changes in betting odds; or

11-18                (2)  [he knowingly] provides, installs, or maintains

11-19    equipment for the transmission or receipt of [such] information

11-20    described by Subdivision (1).

11-21          (b)  [It is an exception to the application of Subsection (a)

11-22    that the information communicated is intended for use in placing a

11-23    lawful wager under Article 11, Texas Racing Act (Article 179e,

11-24    Vernon's Texas Civil Statutes), and is not communicated in

11-25    violation of Section 14.01 of that Act.]

11-26          [(c)]  An offense under this section is a Class A

11-27    misdemeanor.

 12-1          Sec. 47.06.  POSSESSION OF GAMBLING DEVICE OR[,] EQUIPMENT[,

 12-2    OR PARAPHERNALIA].  (a)  A person commits an offense if, with the

 12-3    intent to further gambling, the person [he] knowingly owns,

 12-4    manufactures, transfers commercially, or possesses:

 12-5                (1)  a [any] gambling device that the person [he] knows

 12-6    is designed for gambling purposes; or

 12-7                (2)  [any] equipment that the person [he] knows is

 12-8    designed as a subassembly or essential part of a gambling device.

 12-9          (b)  If an amusement machine or purported amusement machine

12-10    does not have a tax permit or tax exempt permit attached in

12-11    compliance with Article 8806, Revised Statutes, and the machine

12-12    allows amendment, cancellation, or removal of free games or credits

12-13    or has an internal retention mechanism that controls or determines

12-14    the outcome of the play of the machine:

12-15                (1)  the machine is presumed to be a gambling device;

12-16    and

12-17                (2)  the actor is presumed to have possessed the device

12-18    with the intent to further gambling.  [A person commits an offense

12-19    if, with the intent to further gambling, he knowingly owns,

12-20    manufactures, transfers commercially, or possesses any altered

12-21    gambling equipment that he knows is designed for gambling purposes

12-22    or any equipment that he knows is designed as a subassembly or

12-23    essential part of such device.]

12-24          (c)  [A person commits an offense if, with the intent to

12-25    further gambling, the person knowingly owns, manufactures,

12-26    transfers commercially, or possesses gambling paraphernalia.]

12-27          [(d)  It is a defense to prosecution under Subsections (a)

 13-1    and (c) that:]

 13-2                [(1)  the device, equipment, or paraphernalia is used

 13-3    for or is intended for use in gambling that is to occur entirely in

 13-4    a private place;]

 13-5                [(2)  a person involved in the gambling does not

 13-6    receive any economic benefit other than personal winnings; and]

 13-7                [(3)  except for the advantage of skill or luck, the

 13-8    chance of winning is the same for all participants.]

 13-9          [(e)]  An offense under this section is a state jail felony

13-10    [Class A misdemeanor.]

13-11          [(f)  It is a defense to prosecution under Subsection (a) or

13-12    (c) that the person owned, manufactured, transferred, or possessed

13-13    the gambling device, equipment, or paraphernalia for the sole

13-14    purpose of shipping it to another jurisdiction where the possession

13-15    or use of the device, equipment, or paraphernalia was legal.]

13-16          [(g)  A district or county attorney is not required to have a

13-17    search warrant or subpoena to inspect a gambling device or gambling

13-18    equipment or paraphernalia on an ocean-going vessel that enters the

13-19    territorial waters of this state to call at a port in this state].

13-20          Sec. 47.07.  POSSESSION OF ALTERED GAMBLING EQUIPMENT.  (a)

13-21    A person commits an offense if, with the intent to further

13-22    gambling, the person knowingly owns, manufactures, transfers

13-23    commercially, or possesses:

13-24                (1)  altered gambling equipment that the person knows

13-25    is designed for gambling purposes; or

13-26                (2)  equipment that the person knows is designed as a

13-27    subassembly or essential part of altered gambling equipment.

 14-1          (b)  An offense under this section is a felony of the third

 14-2    degree.

 14-3          Sec. 47.08.  POSSESSION OF GAMBLING PARAPHERNALIA.  (a)  A

 14-4    person commits an offense if, with the intent to further gambling,

 14-5    the person knowingly owns, manufactures, transfers commercially, or

 14-6    possesses gambling paraphernalia.

 14-7          (b)  An offense under this section is a Class A misdemeanor.

 14-8          Sec. 47.09.  Evidence.  In any prosecution under this chapter

 14-9    in which it is relevant to prove the occurrence of a sporting

14-10    event, nomination, appointment, election, or other public event,

14-11    game, or contest, a published report of its occurrence in a daily

14-12    newspaper, magazine, or other periodically printed publication of

14-13    general circulation shall be admissible in evidence.  The [and is

14-14    prima facie evidence that the] event, nomination, appointment,

14-15    election, or other public event, game, or other contest is presumed

14-16    to have occurred if the report is published.

14-17          Sec. 47.10. [Sec. 47.08.]  Testimonial Immunity.  (a)  A

14-18    party to an offense under this chapter may be required to furnish

14-19    evidence or testify about the offense.

14-20          (b)  A party to an offense under this chapter may not be

14-21    prosecuted for any offense about which the party [he] is required

14-22    to furnish evidence or testify, and the evidence and testimony may

14-23    not be used against the party in any adjudicatory proceeding except

14-24    a prosecution for aggravated perjury.

14-25          (c)  In [For purposes of] this section, "adjudicatory

14-26    proceeding" means a proceeding before a court or any other agency

14-27    of government in which the legal rights, powers, duties, or

 15-1    privileges of specified parties are determined.

 15-2          (d)  A conviction under this chapter may be had upon the

 15-3    uncorroborated testimony of a party to the offense.

 15-4          Sec. 47.11. [Sec. 47.09.]  OTHER DEFENSIVE ISSUES [DEFENSES].

 15-5    (a)  It is an exception to the application of [a defense to

 15-6    prosecution under] this chapter that the actor's conduct did not

 15-7    involve gambling or the intent to further gambling[:]

 15-8                [(1)  was authorized under:]

 15-9                      [(A)  the Bingo Enabling Act (Article 179d,

15-10    Vernon's Texas Civil Statutes);]

15-11                      [(B)  the Texas Racing Act (Article 179e,

15-12    Vernon's Texas Civil Statutes); or]

15-13                      [(C)  the Charitable Raffle Enabling Act (Article

15-14    179f, Revised Statutes);]

15-15                [(2)  consisted entirely of participation in the state

15-16    lottery authorized by Chapter 466, Government Code; or]

15-17                [(3)  was a necessary incident to the operation of the

15-18    state lottery and was directly or indirectly authorized by:]

15-19                      [(A)  Chapter 466, Government Code;]

15-20                      [(B)  the lottery division of the comptroller's

15-21    office;]

15-22                      [(C)  the comptroller; or]

15-23                      [(D)  the director of the lottery division].

15-24          (b)  It is an affirmative defense to prosecution under

15-25    Sections 47.03, 47.04, 47.06, and 47.08 [47.06(a), and 47.06(c)]

15-26    that the gambling device, equipment, or paraphernalia is aboard an

15-27    ocean-going vessel that enters the territorial waters of this state

 16-1    to call at a port in this state if:

 16-2                (1)  before the vessel enters the territorial waters of

 16-3    this state, the district attorney or, if there is no district

 16-4    attorney, the county attorney for the county in which the port is

 16-5    located receives notice of the existence of the device, equipment,

 16-6    or paraphernalia on board the vessel and of the anticipated dates

 16-7    on which the vessel will enter and leave the territorial waters of

 16-8    this state;

 16-9                (2)  the portion of the vessel in which the device,

16-10    equipment, or paraphernalia is located is locked or otherwise

16-11    physically secured in a manner that makes the area inaccessible to

16-12    anyone other than the master and crew of the vessel at all times

16-13    while the vessel is in the territorial waters of this state;

16-14                (3)  no person other than the master and crew of the

16-15    vessel is permitted to enter or view the portion of the vessel in

16-16    which the device, equipment, or paraphernalia is located while the

16-17    vessel is in the territorial waters of this state; and

16-18                (4)  the device, equipment, or paraphernalia is not

16-19    used for gambling or other gaming purposes while the vessel is in

16-20    the territorial waters of this state.

16-21          (c)  [Sec. 47.10.  AMERICAN DOCUMENTATION OF VESSEL

16-22    REQUIRED.]  If 18 U.S.C. Section 1082 is repealed, the affirmative

16-23    defense [defenses] provided by Subsection (b) applies [Section

16-24    47.09(b) apply] only if the vessel is documented under the laws of

16-25    the United States.

16-26          (d)  A district attorney, criminal district attorney, or

16-27    county attorney is not required to have a search warrant or

 17-1    subpoena to inspect a gambling device, equipment, or paraphernalia

 17-2    on an ocean-going vessel that enters the territorial waters of this

 17-3    state to call at a port in this state.

 17-4          (e)  It is an affirmative defense to prosecution under

 17-5    Sections 47.06 and 47.08 that the actor owned, manufactured,

 17-6    transferred commercially, or possessed the gambling device,

 17-7    equipment, or paraphernalia for the sole purpose of shipping it for

 17-8    repair or to another jurisdiction where the possession or use of

 17-9    the gambling device, equipment, or paraphernalia was legal.

17-10          (f)  It is an affirmative defense to prosecution under this

17-11    chapter that the actor reasonably believed the conduct was:

17-12                (1)  permitted by federal law; or

17-13                (2)  not prohibited by federal law and was:

17-14                      (A)  engaged in by the actor while on Indian

17-15    tribal lands;

17-16                      (B)  subject to tribal authority; and

17-17                      (C)  permitted by a compact entered into between

17-18    the state and tribal authorities under federal law.

17-19          Sec. 47.12.  ENHANCED PENALTY.  An offense under this chapter

17-20    is:

17-21                (1)  increased one level to the punishment prescribed

17-22    for the next highest category of offense if the value of the bets

17-23    made or things of value received is $20,000 or more but less than

17-24    $100,000;

17-25                (2)  increased two levels to the punishment prescribed

17-26    for the second highest category of offense if the value of the bets

17-27    made or things of value received is $100,000 or more but less than

 18-1    $200,000; and

 18-2                (3)  increased three levels to the punishment

 18-3    prescribed for the third highest category of offense if the value

 18-4    of the bets made or things of value received is $200,000 or more.

 18-5          Sec. 47.13.  AGGREGATION.  When bets are made or things of

 18-6    value are received in violation of this chapter under one scheme or

 18-7    continuing course of conduct, whether from the same or several

 18-8    sources, the conduct may be considered as one offense and the

 18-9    amounts aggregated in determining punishment under this chapter.

18-10          SECTION 2.  Article 18.18, Code of Criminal Procedure, is

18-11    amended to read as follows:

18-12          Art. 18.18.  DISPOSITION OF GAMBLING DEVICE, EQUIPMENT, OR

18-13    PARAPHERNALIA, PROHIBITED WEAPON, CRIMINAL INSTRUMENT, AND OTHER

18-14    CONTRABAND.  (a)  In this article:

18-15                (1)  "Attorney representing the state" means a district

18-16    attorney, criminal district attorney, county attorney, or municipal

18-17    attorney with prosecutorial jurisdiction over a case that has been

18-18    or could be filed involving the item of contraband in question as

18-19    an element of the case's charging instrument.

18-20                (2)  "Contraband" means:

18-21                      (A)  [Following the final conviction of a person

18-22    for possession of] a gambling device or equipment, altered gambling

18-23    equipment, or gambling paraphernalia;

18-24                      (B)  gambling proceeds used in or obtained

18-25    through a violation of Chapter 47, Penal Code;

18-26                      (C)  [, for an offense involving] a criminal

18-27    instrument, as that term is defined in Section 16.01, Penal Code;

 19-1                      (D)  [for an offense involving] an obscene device

 19-2    or material, as those terms are defined in Section 43.21, Penal

 19-3    Code;

 19-4                      (E)  a prohibited weapon described in Section

 19-5    46.05, Penal Code; or

 19-6                      (F)  a fighting dog or dog-fighting equipment.

 19-7                (3)  "Fighting dog" means a dog trained, being trained,

 19-8    or intended to be trained or used to fight with another dog or

 19-9    animal in violation of Chapter 42, Penal Code, or other law.

19-10                (4)  "Dog-fighting equipment" means:

19-11                      (A)  a device or equipment used for training or

19-12    handling a fighting dog, including a harness, treadmill,  cage,

19-13    decoy, pen, any house or structure for keeping a fighting dog,

19-14    feeding apparatus, or training pen;

19-15                      (B)  a device or equipment used for transporting

19-16    a fighting dog, including a motor vehicle or other vehicle, and its

19-17    appurtenances that are used or intended to be used for transporting

19-18    a fighting dog; or

19-19                      (C)  a device or equipment used or intended to be

19-20    used to promote or advertise an exhibition of dog fighting,

19-21    including a printing press or similar equipment, paper, ink, or

19-22    photography equipment.

19-23                (5)  "Gambling," "gambling device," "altered gambling

19-24    equipment," "gambling paraphernalia," "amusement machine," and

19-25    "purported amusement machine" have the meanings assigned by Section

19-26    47.01, Penal Code.

19-27          (b)(1)  Except as provided by Subsection (c), the court

 20-1    entering an order of deferred adjudication or [the] judgment of

 20-2    conviction, or an order placing a person on community supervision,

 20-3    in an offense involving contraband shall order that the contraband

 20-4    [machine, device, gambling equipment or gambling paraphernalia,

 20-5    instrument, obscene device or material] be destroyed or forfeited

 20-6    to the state.

 20-7                (2)  A [Not later than the 30th day after the final

 20-8    conviction of a person for an offense involving a prohibited

 20-9    weapon, the] court entering the order of deferred adjudication, or

20-10    [judgment of] conviction or an order placing a person on community

20-11    supervision under this article shall enter its order on its own

20-12    motion, on the motion of the [prosecuting] attorney representing

20-13    the state in the case, or on the motion of the law enforcement

20-14    agency initiating the complaint after [on] notice to the

20-15    [prosecuting] attorney representing the state in the case, if the

20-16    attorney [prosecutor] fails to move for the order.

20-17                (3)  The court shall enter an order under this

20-18    subsection not later than the 30th day after the date the court

20-19    entered its underlying order of deferred adjudication or

20-20    conviction, or an order placing a person on community supervision,

20-21    subject to this article.

20-22                (4)  [shall order that the prohibited weapon be

20-23    destroyed or forfeited to the law enforcement agency that initiated

20-24    the complaint.]  If the court fails to enter the order subject to

20-25    this article within the time required by this subsection, any

20-26    magistrate in the county in which the offense occurred may enter

20-27    the order on the same motion as provided by Subdivision (2).

 21-1          (c)(1)  If the contraband is an obscene device or material,

 21-2    the court may not order destruction or forfeiture before the 30th

 21-3    day after the date of final adjudication or judgment of conviction

 21-4    or the date all defendants have exhausted their appellate remedies

 21-5    of right, whichever is later.

 21-6                (2)  If the contraband is a fighting dog, the court

 21-7    shall [Following the final conviction of a person for an offense

 21-8    involving dog fighting, the court entering the judgment of

 21-9    conviction shall] order that the dog be destroyed, if necessary, or

21-10    [any dog-fighting equipment be destroyed or] forfeited to the

21-11    state.

21-12                (3)  Destruction of dogs[, if necessary,] must be

21-13    carried out by a veterinarian licensed in this state or, if one is

21-14    not available, by trained personnel of a humane society or an

21-15    animal shelter.

21-16          (d)(1)  Except as provided by Subdivision (2), a court

21-17    ordering forfeiture of contraband to the state under this article

21-18    [If forfeited, the court] shall order the contraband delivered to

21-19    the state, to a [any] political subdivision of the state, or to a

21-20    [any] state institution or agency.

21-21                (2)  If the contraband is gambling proceeds, the court

21-22    may order them to be forfeited to the state or transmitted [were

21-23    seized, the court shall order them forfeited to the state and shall

21-24    transmit them] to the grand jury of the county in which they were

21-25    seized for use in investigating possible [alleged] violations of

21-26    the Penal Code by the grand jury or, with the written approval of

21-27    the foreman of the grand jury who received the funds, by the

 22-1    attorney representing the state  [, or to the state, any political

 22-2    subdivision of the state, or to any state institution or agency].

 22-3                (3)  A court ordering forfeiture to the state under

 22-4    this article:

 22-5                      (A)  shall order the item of contraband to be

 22-6    used only for an official purpose of the governmental entity or

 22-7    officer receiving the item; and

 22-8                      (B)  may not order or knowingly permit the item

 22-9    of contraband to be converted to personal or private use by a

22-10    public servant.

22-11          (e)  This article does not apply to an amusement machine or

22-12    purported amusement machine.

22-13          (f)(1) [(b)]  If there is no prosecution, order of deferred

22-14    adjudication, order placing a person on community supervision, or

22-15    conviction following seizure of contraband, the magistrate to whom

22-16    the return was made shall notify in writing the owner, if

22-17    reasonably known, and the person found in possession of the

22-18    contraband of any proceeding under this article and shall order

22-19    each person so notified [alleged gambling device or equipment,

22-20    altered gambling equipment or gambling paraphernalia, gambling

22-21    proceeds, prohibited weapon, obscene device or material, criminal

22-22    instrument, or dog-fighting equipment] to show cause why the

22-23    contraband [property seized] should not be destroyed or [the

22-24    proceeds] forfeited.

22-25                (2)  The magistrate, on the motion of the law

22-26    enforcement agency seizing the contraband [a prohibited weapon],

22-27    shall order the contraband [weapon] destroyed or forfeited to the

 23-1    law enforcement agency seizing the contraband [weapon], unless a

 23-2    person shows cause as to why the contraband [prohibited weapon]

 23-3    should not be destroyed or forfeited.

 23-4                (3)  The [A] law enforcement agency shall make a motion

 23-5    under this section not later than the 30th day after the date [in a

 23-6    timely manner after the time at which] the agency was [is] informed

 23-7    in writing by the attorney representing the state that no

 23-8    prosecution, order of deferred adjudication, order placing a person

 23-9    on community supervision, or conviction will arise from the

23-10    seizure.

23-11                (4) [(c)]  The magistrate shall include in the notice

23-12    to each interested party:

23-13                      (A)  a detailed description of the contraband

23-14    [property] seized, including [and] the total amount of [alleged]

23-15    gambling proceeds;

23-16                      (B)  the name of the owner and person found in

23-17    possession of the contraband;

23-18                      (C)  the address or location where the contraband

23-19    was [property or proceeds were] seized; and

23-20                      (D)  the date and time of the seizure.

23-21                (5)  The magistrate shall give timely notice of any

23-22    hearing or other proceeding under this article in a reasonable

23-23    manner to each appropriate law enforcement agency and the attorney

23-24    representing the state in the matter.

23-25                (6) [(d)]  The magistrate shall send the notice by

23-26    registered or certified mail, return receipt requested, to the

23-27    owner or person found in possession at the address where the

 24-1    contraband was [property or proceeds were] seized or to another

 24-2    address determined by the court to be reasonable.

 24-3                (7)  If the owner is unknown and no one was found in

 24-4    possession of the contraband, or the owner's and possessor's

 24-5    address is unknown, the magistrate shall post the notice on the

 24-6    courthouse door.

 24-7          (g)(1)  A [(e)  Any] person interested in contraband subject

 24-8    to a hearing under this article [the alleged gambling device or

 24-9    equipment, altered gambling equipment or gambling paraphernalia,

24-10    gambling proceeds, prohibited weapon, obscene device or material,

24-11    criminal instrument, or dog-fighting equipment seized] must appear

24-12    before the magistrate on the 30th [20th] day following the date the

24-13    notice was mailed or posted and request a hearing.

24-14                (2)  Failure to timely appear forfeits any interest the

24-15    person may have in the contraband [property or proceeds] seized,

24-16    and no person after failing to timely appear may contest

24-17    destruction or forfeiture.

24-18                (3) [(f)]  If a person timely appears to show cause why

24-19    the contraband [property or proceeds] should not be destroyed or

24-20    forfeited, the magistrate shall conduct a hearing on the issue and

24-21    determine the nature of the contraband [property or proceeds] and

24-22    the person's interest in the contraband [therein].

24-23                (4)  The magistrate shall, not later than the 30th day

24-24    after the date the hearing is concluded, order the contraband

24-25    disposed of in the same manner provided by Subsections (b), (c), or

24-26    (d), unless the owner or other [Unless the] person proves during

24-27    the hearing by a preponderance of the evidence that:

 25-1                      (A)  a particular item of [the] property or

 25-2    proceeds is not contraband; [gambling equipment, altered gambling

 25-3    equipment, gambling paraphernalia, gambling device, gambling

 25-4    proceeds, prohibited weapon, criminal instrument, or dog-fighting

 25-5    equipment] and

 25-6                      (B)  the owner or other person [that he] is

 25-7    entitled to lawful possession of the item.

 25-8                (5)  The magistrate shall issue an order awarding each

 25-9    particular item to a person making a proper showing under

25-10    Subdivision (4).  [, the magistrate shall dispose of the property

25-11    or proceeds in accordance with Paragraph (a) of this article.]

25-12          [(g)  For purposes of this article:]

25-13                [(1)  "criminal instrument" has the meaning defined in

25-14    the Penal Code;]

25-15                [(2)  "gambling device or equipment, altered gambling

25-16    equipment or gambling paraphernalia" has the meaning defined in the

25-17    Penal Code;]

25-18                [(3)  "prohibited weapon" has the meaning defined in

25-19    the Penal Code; and]

25-20                [(4)  "dog-fighting equipment" means:]

25-21                      [(A)  equipment used for training or handling a

25-22    fighting dog, including a harness, treadmill, cage, decoy, pen,

25-23    house for keeping a fighting dog, feeding apparatus, or training

25-24    pen;]

25-25                      [(B)  equipment used for transporting a fighting

25-26    dog, including any automobile, or other vehicle, and its

25-27    appurtenances which are intended to be used as a vehicle for

 26-1    transporting a fighting dog;]

 26-2                      [(C)  equipment used to promote or advertise an

 26-3    exhibition of dog fighting, including a printing press or similar

 26-4    equipment, paper, ink, or photography equipment; or]

 26-5                      [(D)  a dog trained, being trained, or intended

 26-6    to be used to fight with another dog.]

 26-7                [(6)  "obscene device or material" means a device or

 26-8    material introduced into evidence and thereafter found obscene by

 26-9    virtue of a final judgment after all appellate remedies have been

26-10    exhausted.]

26-11          SECTION 3.  Article 8801, Revised Statutes, is amended by

26-12    amending Subdivision (3) and adding Subdivision (8) to read as

26-13    follows:

26-14                (3)  The term "coin-operated machine" means every

26-15    machine or device of any kind or character which is operated by or

26-16    with coins, or metal slugs, tokens or checks, "amusement machine,"

26-17    "music coin-operated machines," and "skill or pleasure

26-18    coin-operated machines" as those terms are hereinafter defined,

26-19    shall be included in such terms.

26-20                (8)  The terms "amusement machine," "purported

26-21    amusement machine," and "gambling device" have the meanings

26-22    assigned by Section 47.01, Penal Code.

26-23          SECTION 4.  Article 8806, Revised Statutes, is amended by

26-24    adding Subsections (3), (4), and (5) to read as follows:

26-25          (3)  The owner of a tax exempt amusement machine:

26-26                (A)  shall register the machine with the comptroller;

26-27                (B)  shall obtain and affix to the machine a tax exempt

 27-1    permit from the comptroller;

 27-2                (C)  shall affix the tax exempt permit in the manner

 27-3    provided by Subsection (1); and

 27-4                (D)  may not affix a tax exempt permit in violation of

 27-5    Subsection (2).

 27-6          (4)  By attaching or affixing a tax permit or a tax exempt

 27-7    permit to an amusement machine, the person:

 27-8                (A)  consents to an inspection of the machine at any

 27-9    reasonable time by the attorney general or comptroller, an

27-10    authorized representative of the attorney general or comptroller,

27-11    or a peace officer;

27-12                (B)  declares the machine to be an amusement machine or

27-13    purported amusement machine; and

27-14                (C)  declares the machine is not an illegal gambling

27-15    device or other contrivance owned, operated, exhibited, displayed,

27-16    purchased, acquired, received, handled, possessed, or controlled in

27-17    violation of Chapter 47, Penal Code.

27-18          (5)  The comptroller shall:

27-19                (A)  prepare a tax exempt permit similar in style and

27-20    quality to a tax permit, except that it shall be of a different

27-21    color and contain the words "TAX EXEMPT AMUSEMENT MACHINE"; and

27-22                (B)  issue, for a fee not to exceed the actual costs of

27-23    printing and mailing the permit, a tax exempt permit without an

27-24    expiration date to a person entitled to a permit for each amusement

27-25    machine the person claims to own.

27-26          SECTION 5.  Article 8810, Revised Statutes, is amended to

27-27    read as follows:

 28-1          Art. 8810.  RECORDS.  (a)  Every owner of a ["owner" of one

 28-2    or more] coin-operated machine [machines in this State] shall keep

 28-3    for the inspection at all reasonable times by the Attorney General

 28-4    and the Comptroller, [or] their authorized representatives, or a

 28-5    peace officer, a complete, itemized record maintained in accordance

 28-6    with accepted auditing and accounting practices of each [and every

 28-7    such] machine owned, operated, exhibited, displayed, purchased,

 28-8    acquired, received, handled, possessed, or controlled by the person

 28-9    [handled, exhibited or displayed] in this State.

28-10          (b)  A [Such] record under this article shall:

28-11                (1)  be kept at a permanent address [in this State,

28-12    which address shall be] designated on the application for a

28-13    license; and

28-14                (2)  [shall] include [the following information]:

28-15                      (A)  a description of the [The kind of each such]

28-16    machine, including whether the machine is  tax exempt;

28-17                      (B)  the date the machine was purchased,

28-18    acquired, [or] received, or brought into this state;

28-19                      (C)  [in Texas,] the date the machine was placed

28-20    in operation;

28-21                      (D)  [,] the location of the [or locations of

28-22    each] machine including county, city, street, and physical mailing

28-23    address, if different; and

28-24                      (E)  [and/or rural route number,] the name and

28-25    [complete] address of each [and every] operator and owner [, the

28-26    full name and address of the owner,] or, if the owner is not [other

28-27    than] an individual, each officer or director or other individual

 29-1    who holds a similar rank or title [the principal officers or

 29-2    members thereof and their addresses].

 29-3          (c)  A person must keep a record [the records] required by

 29-4    this article while [section as long as] the person owns the machine

 29-5    and for two years after the date the person ceases to own, operate,

 29-6    exhibit, display, handle, possess, or control the machine.

 29-7          SECTION 6.  Article 8811, Revised Statutes, is amended to

 29-8    read as follows:

 29-9          Art. 8811.  VIOLATIONS OF ACT; PENALTY; ENFORCEMENT.  (a)  An

29-10    owner [If any "owner"] of a coin-operated machine may not operate,

29-11    exhibit, display, possess, or control or [within this State shall

29-12    (a)] permit any coin-operated machine under his control to be

29-13    operated, exhibited, [or] displayed, possessed, or controlled by

29-14    another if the machine does not have the required [within this

29-15    State without said] permit [being] permanently attached as required

29-16    by this chapter.

29-17          (b)  A person may not:

29-18                (1)  operate, [thereto, or (b) if any person shall]

29-19    exhibit, or display [within this State any coin-operated machine

29-20    without having annexed or attached thereto a permit issued by the

29-21    Comptroller showing the payment of the tax due thereon for the

29-22    current year, or (c) if any person exhibits or displays] a

29-23    coin-operated machine that:

29-24                      (A)  is not registered with the Comptroller; or

29-25                      (B)  does not have a required permit permanently

29-26    attached as required by this chapter;

29-27                (2)  [, or (d) shall] fail to keep a record as required

 30-1    by this chapter;

 30-2                (3)  refuse or fail [such records, or (e) shall refuse

 30-3    or fail] to present [such records] for inspection a record required

 30-4    by this chapter upon the demand of the Attorney General or

 30-5    Comptroller, their [or an] authorized representative, or a peace

 30-6    officer;

 30-7                (4)  [of the Comptroller, or (f) if any person in this

 30-8    State shall] use any artful device or deceptive practice to conceal

 30-9    any violation of this chapter;

30-10                (5)  [Chapter, or (g)] mislead the Attorney General or

30-11    Comptroller, their [or an] authorized representative, or a peace

30-12    officer [of the Comptroller] in the enforcement of this chapter; or

30-13                (6)  [Chapter, or (h) if any person in this State

30-14    shall] fail to comply with the provisions of this chapter or a rule

30-15    adopted [Chapter, or violate the same, or (i) if any person in this

30-16    State shall fail to comply with the rules and regulations

30-17    promulgated] by the Comptroller.

30-18          (c)  The [, or violate the same, the] Comptroller, in

30-19    addition to the other remedies provided in this chapter, [Chapter]

30-20    may assess a civil penalty of not more than $2,000 against a person

30-21    who violates Subsection (a) or (b)  [in the sum of not less than

30-22    Fifty Dollars ($50) nor more than Two Thousand Dollars ($2,000)].

30-23          (d)  Each day's violation shall constitute a separate

30-24    violation [offense] and incur another penalty.

30-25          (e)  If a penalty assessed under this article is [, which,

30-26    if] not paid within an allotted time determined by the Comptroller,

30-27    it may be recovered by the Comptroller in any manner available for

 31-1    the recovery of delinquent taxes under Subtitle B, Title 2, Tax

 31-2    Code, or in a suit by the Attorney General [of this State] in a

 31-3    court [of competent jurisdiction] in Travis County[, Texas].

 31-4          (f)  In this article, "required permit" means a stamp showing

 31-5    payment of the tax due on a machine for the current year or the tax

 31-6    exempt status of the machine.

 31-7          SECTION 7.  Article 8812, Revised Statutes, is amended to

 31-8    read as follows:

 31-9          Art. 8812.  OFFENSES; PENALTY.  (a)  A person commits an

31-10    offense if the person knowingly violates Article 8811 of this

31-11    chapter.

31-12          (b)  An offense under this article is [If any person shall

31-13    exhibit or display within this State any coin-operated machine

31-14    without having paid the tax due thereon for the current year, or

31-15    (b) if any person required to keep records of coin-operated

31-16    machines in this State shall falsify such records or (c) shall fail

31-17    to keep such records, or (d) shall refuse or fail to present such

31-18    records for inspection upon the demand of the comptroller or an

31-19    authorized representative of the comptroller, or (e) if any person

31-20    in this State shall use any artful device or deceptive practice to

31-21    conceal any violation of this Chapter, or (f) mislead the

31-22    comptroller or an authorized representative of the comptroller in

31-23    the enforcement of this Chapter, or (g) if any person in this State

31-24    shall fail to comply with the provisions of this Chapter, or

31-25    violate the same, or (h) if any person in this State shall fail to

31-26    comply with the rules and regulations promulgated by the

31-27    comptroller, or violate the same, he shall be guilty of] a Class C

 32-1    misdemeanor.

 32-2          SECTION 8.  Section 1(a), Article 8817, Revised Statutes, is

 32-3    amended to read as follows:

 32-4          Sec. 1(a).  CONSTRUCTION.  In this chapter [Notwithstanding

 32-5    any language in this Chapter or any other Chapter to the contrary,]

 32-6    the term "music or skill or pleasure coin-operated machine"

 32-7    includes a [shall include] coin-operated billiard or pool game and

 32-8    an amusement machine or purported amusement machine, as those terms

 32-9    are defined in Section 47.01, Penal Code.  The term does not

32-10    include a [and pool games and shall exclude] coin-operated

32-11    amusement machine [machines] designed exclusively for operation by

32-12    children.

32-13          SECTION 9.  Section 4, Article 8817, Revised Statutes, is

32-14    amended to read as follows:

32-15          Sec. 4.  POWERS OF COMPTROLLER.  The [In addition to its

32-16    other authority, the] Comptroller may, for the purpose of

32-17    administering this chapter:

32-18                (1)  prescribe [all] necessary [regulations and] rules

32-19    to ensure that all persons affected by this chapter are afforded

32-20    due process of law;

32-21                (2)  hold hearings and prescribe rules of procedure and

32-22    evidence for the conduct of hearings;

32-23                (3)  issue, refuse to issue, cancel, suspend, or revoke

32-24    a license, tax permit, tax exempt permit, or registration

32-25    certificate;

32-26                (4)  prescribe the procedure for registration of music

32-27    and skill or pleasure coin-operated machines and the method of

 33-1    securely attaching tax permits or tax exempt permits and posting of

 33-2    licenses and registration certificates;

 33-3                (5)  disclose confidential information to appropriate

 33-4    officials;

 33-5                (6)  seize and administratively forfeit or destroy an

 33-6    illegal amusement machine or purported amusement machine that is

 33-7    owned, operated, exhibited, displayed, purchased, acquired,

 33-8    received, handled, possessed, or controlled in violation of this

 33-9    chapter or Chapter 47, Penal Code; and

33-10                (7) [(6)]  prescribe the form and content of:

33-11                      (a)  license applications;

33-12                      (b)  registration certificates;

33-13                      (c)  tax permits and tax exempt permits;

33-14                      (d)  reports concerning the location of

33-15    coin-operated machines; and

33-16                      (e)  reports of the consideration of each party

33-17    to contracts concerning the placement of coin-operated machines in

33-18    establishments owned by a person other than the licensee.

33-19          SECTION 10.  Section 8, Article 8817, Revised Statutes, is

33-20    amended by adding Subdivision (6) to read as follows:

33-21                (6)  A corporation or association that owns or operates

33-22    an amusement machine under Subdivision (3) must register the

33-23    machine with the comptroller and permanently attach or affix a tax

33-24    exempt permit in the same manner as a tax permit under Article 8806

33-25    of this chapter.

33-26          SECTION 11.  Section 12(2), Article 8817, Revised Statutes,

33-27    is amended to read as follows:

 34-1          (2)  The application shall designate a single individual who

 34-2    is responsible for keeping a record and reporting to the

 34-3    Comptroller the following information regarding each music or skill

 34-4    or pleasure coin-operated machine owned, operated, exhibited,

 34-5    displayed, purchased, acquired, received, handled, possessed, or

 34-6    controlled by the licensee:

 34-7                (a)  the make, type, and serial number of machine;

 34-8                (b)  the date put in operation;

 34-9                (c)  the dates of the first, and the most recent

34-10    registration of the machine;

34-11                (d)  the specific location of each machine;

34-12                (e)  a declaration of whether the machine is an

34-13    amusement machine;

34-14                (f)  a declaration of whether the machine is a tax

34-15    exempt amusement machine; and

34-16                (g)  any change in ownership of a machine.

34-17          SECTION 12.  Section 15, Article 8817, Revised Statutes, is

34-18    amended by adding Subsection (5) to read as follows:

34-19          (5)  A person who owns, operates, exhibits, displays,

34-20    purchases, acquires, receives, handles, possesses, or controls a

34-21    tax exempt amusement machine under the provisions of Section 8(6)

34-22    of this article shall apply for a one-time tax exempt amusement

34-23    machine license.

34-24          SECTION 13.  Section 16, Article 8817, Revised Statutes, is

34-25    amended by adding Subsection (5)  to read as follows:

34-26          (5)  The tax exempt amusement machine license fee is $25.

34-27    This fee may only be charged one time.

 35-1          SECTION 14.  Section 16A, Article 8817, Revised Statutes, is

 35-2    amended by amending Subsection (1) and adding Subsection (7) to

 35-3    read as follows:

 35-4          (1)  Except as provided by Subsection (7), a [A] person who

 35-5    owns, operates, or exhibits a coin-operated machine [machines] is

 35-6    exempt from the licensing and record keeping requirements imposed

 35-7    by this Article if the person:

 35-8                (a)  [he] operates or exhibits the person's [his]

 35-9    machines exclusively on premises occupied by the person [him], and

35-10    in connection with the person's [his] business; [and]

35-11                (b)  [he] owns no machine subject to the occupation tax

35-12    imposed by this chapter located on the business premises of another

35-13    person; and

35-14                (c)  [he] has no financial interest, direct or

35-15    indirect, in the coin-operated music, skill, or pleasure machine

35-16    industry, except for the interest the person [he] owns in the

35-17    person's [his] machines used exclusively on premises occupied by

35-18    the person [him].

35-19          (7)  An amusement machine or purported amusement machine, as

35-20    defined by Section 47.01, Penal Code, is not excepted by this

35-21    section and the owner shall register each machine and obtain an

35-22    appropriate tax permit or tax exempt permit for each machine.

35-23          SECTION 15.  Section 18, Article 8817, Revised Statutes, is

35-24    amended to read as follows:

35-25          Sec. 18.  LICENSE AS CONSENT TO ENTRY.  Acceptance of a tax

35-26    permit, tax exempt permit, license, or registration certificate

35-27    issued under this Article constitutes consent by the licensee or

 36-1    registration certificate holder that the Attorney General or

 36-2    Comptroller or their authorized representative or any peace officer

 36-3    may freely enter upon the licensed business premises during normal

 36-4    business hours for the purpose of ensuring compliance with this

 36-5    chapter and Chapter 47, Penal Code.

 36-6          SECTION 16.  Article 8817, Revised Statutes, is amended by

 36-7    adding Section 18A to read as follows:

 36-8          Sec. 18A.  SEIZURE, FORFEITURE, OR DESTRUCTION OF ILLEGAL

 36-9    AMUSEMENT MACHINES.  (1)  The attorney general or comptroller, or

36-10    their authorized representative, or a peace officer may seize an

36-11    amusement machine without a warrant or other court order under this

36-12    section.

36-13          (2)  An amusement machine is subject to seizure under this

36-14    section if the machine is:

36-15                (A)  made available for operation in a public place

36-16    without a license, registration, or permit required by this

36-17    chapter;

36-18                (B)  made available for operation in a place that the

36-19    owner or operator permits access by a customer, without a license,

36-20    registration, or permit required by this chapter;

36-21                (C)  purported by the owner or operator to another to

36-22    be a bona fide amusement machine and the machine is a gambling

36-23    device, altered gambling device, video lottery machine, or gray

36-24    machine, as those terms are defined under Section 47.01, Penal

36-25    Code;

36-26                (D)  used to reward a person other than the player;

36-27                (E)  designed so that skill is not a substantial factor

 37-1    determining outcome of the play of the machine;

 37-2                (F)  capable of accepting more than one coin or token

 37-3    to influence the outcome of a single play of the game;

 37-4                (G)  equipped with an internal retention mechanism that

 37-5    controls or determines the outcome of the play of the machine; or

 37-6                (H)  capable of allowing amendment, cancellation, or

 37-7    removal of the number of free games or credits the player has

 37-8    accumulated as a result of the play of the machine.

 37-9          (3)  A person seizing a machine under this section shall,

37-10    before the 30th day after the date of seizure, notify the

37-11    comptroller and hold the machine for disposition by the comptroller

37-12    or deliver the machine to the comptroller.

37-13          (4)  A machine seized under this section may be forfeited to

37-14    the state or destroyed after an administrative hearing conducted by

37-15    the comptroller under this chapter that determines the machine was

37-16    owned, operated, exhibited, displayed, purchased, acquired,

37-17    received, handled, possessed, or controlled in violation of this

37-18    chapter, a rule adopted under this chapter, or Chapter 47, Penal

37-19    Code.

37-20          SECTION 17.  Section 20(1), Article 8817, Revised Statutes,

37-21    is amended to read as follows:

37-22          (1)  The Comptroller may refuse to issue or renew a tax

37-23    permit, tax exempt permit, license, or registration certificate or

37-24    may revoke or suspend a tax permit, tax exempt permit, license, or

37-25    registration certificate issued under this Article [pursuant to the

37-26    authority of this Article] if:

37-27                (a)  the licensee or applicant has violated this

 38-1    chapter, a rule adopted under this chapter, or Chapter 47, Penal

 38-2    Code, other than a fine only misdemeanor [a provision of this

 38-3    Article or a regulation promulgated pursuant to the authority of

 38-4    this Article];

 38-5                (b)  the licensee or applicant has failed to answer a

 38-6    question, or made a false statement in, or in connection with, his

 38-7    application or renewal;

 38-8                (c)  the licensee or applicant extends credit without

 38-9    registering his intent to do so with the consumer credit

38-10    commission;

38-11                (d)  the licensee or applicant uses coercion to

38-12    accomplish a purpose or to engage in conduct regulated by the

38-13    Comptroller;

38-14                (e)  a contract or agreement between the licensee or

38-15    applicant and a location owner contains a restriction, of any kind

38-16    and to any degree, on the right of the location owner to purchase,

38-17    agree to purchase, or use a product, commodity, or service not

38-18    regulated under the terms of this Article; or

38-19                (f)  failure to suspend or revoke the license would be

38-20    contrary to the intent and purpose of this Article.

38-21          SECTION 18.  Section 22(1), Article 8817, Revised Statutes,

38-22    is amended to read as follows:

38-23          (1)  An applicant, licensee, permit, or registration

38-24    certificate holder is entitled to at least 20 days' written notice

38-25    and, if requested, a hearing in the following instances:

38-26                (a)  after an application for an original or renewal

38-27    permit, license, or registration certificate has been refused;

 39-1                (b)  before the Comptroller may revoke a permit,

 39-2    license, or registration certificate;

 39-3                (c)  before the Comptroller may invoke any other

 39-4    sanction provided by this chapter, including forfeiture or

 39-5    destruction, other than the sealing of a machine.

 39-6          SECTION 19.  Section 23(1), Article 8817, Revised Statutes,

 39-7    is amended to read as follows:

 39-8          (1)  The Comptroller shall deliver to the applicant,

 39-9    licensee, or permit or registration certificate holder a written

39-10    copy of the order refusing an application or renewal application,

39-11    revoking a permit, license, or registration certificate, or

39-12    imposing any other sanction provided by this chapter, including

39-13    forfeiture or destruction, other than the sealing of a machine.

39-14          SECTION 20.  Subchapter G, Chapter 466, Government Code, is

39-15    amended by adding Section 466.318 to read as follows:

39-16          Sec. 466.318.  VIDEO LOTTERY MACHINE PROHIBITED.  (a)  A

39-17    person commits an offense if the person owns, operates, exhibits,

39-18    installs, sets up, uses, or permits another to operate, exhibit,

39-19    install, set up, or use a lottery game using a video lottery

39-20    machine.

39-21          (b)  In this section, "video lottery machine" has the meaning

39-22    assigned by Section 47.01, Penal Code.

39-23          (c)  An offense under this section is a Class A misdemeanor.

39-24          SECTION 21.  This Act takes effect September 1, 1997.

39-25          SECTION 22.  (a)  The change in law made by this Act applies

39-26    only to an offense committed on or after the effective date of this

39-27    Act.  For purposes of this section, an offense is committed before

 40-1    the effective date of this Act if any element of the offense occurs

 40-2    before the effective date.

 40-3          (b)  An offense committed before the effective date of this

 40-4    Act is covered by the law in effect when the offense was committed,

 40-5    and the former law is continued in effect for this purpose.

 40-6          SECTION 23.  The importance of this legislation and the

 40-7    crowded condition of the calendars in both houses create an

 40-8    emergency and an imperative public necessity that the

 40-9    constitutional rule requiring bills to be read on three several

40-10    days in each house be suspended, and this rule is hereby suspended.