SRC-PNG S.B. 970 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 970
By: Sibley
Economic Development
3/8/1999
As Filed


DIGEST 

Currently, Texas law allows for the use of electronic, electromechanical,
or mechanical devices designed for bona fide amusement purposes.  This
provision in Section 47.01(4)(B), Penal Code, has been interpreted to
include eight-liner gambling machines that look and play like machines
found in casinos.  However, a recent Attorney General's opinion concluded
that such eight-liner machines are illegal gambling devices.  This bill
bans the use or possession of eight-liner machines. 

PURPOSE

As proposed, S.B. 970 bans the use or possession of eight-liner machines.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 47.01, Penal Code, by amending Subdivision (4)
and adding Subdivision (10), as follows: 

(4) Redefines "gambling device."

(10) Defines "bona fide amusement device."

SECTION 2.  Amends Section 47.02(e), Penal Code, to provide that it is an
affirmative defense to prosecution under this section that person played
for something of value other than money using a bona fide amusement device,
rather than an electronic, electromechanical, or mechanical contrivance
excluded from the definition of "gambling device" under Section
47.01(4)(B). 

SECTION 3.  Amends Section 47.06, Penal Code, by adding Subsection (h), as
follows: 

(h) Provides that it is an affirmative defense to prosecution under
Subsection (a) that the device possessed was a bona fide amusement device. 

SECTION 4. Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.  Emergency clause.