By Eiland H.B. No. 1802
76R6356 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an affirmative defense to certain gambling offenses
1-3 committed on an ocean-going vessel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 47.09(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) It is an affirmative defense to prosecution under
1-8 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
1-9 equipment, or paraphernalia is aboard an ocean-going vessel that
1-10 enters the territorial waters of this state to call at a port in
1-11 this state if:
1-12 (1) before the vessel enters the territorial waters of
1-13 this state, the district attorney or, if there is no district
1-14 attorney, the county attorney for the county in which the port is
1-15 located receives notice of the existence of the device, equipment,
1-16 or paraphernalia on board the vessel and of the anticipated dates
1-17 on which the vessel will enter and leave the territorial waters of
1-18 this state;
1-19 (2) [except as permitted by Subdivision (3),] at all
1-20 times while the vessel is in the territorial waters of this state[:]
1-21 [(A) the portion of the vessel in which the
1-22 device, equipment, or paraphernalia is located is locked or
1-23 otherwise physically secured in a manner that makes the area
1-24 inaccessible to anyone other than the master and crew of the
2-1 vessel; or]
2-2 [(B)] all devices, equipment, or paraphernalia
2-3 are[:]
2-4 [(i) covered in a manner that prevents the
2-5 use or viewing of the device, equipment, or paraphernalia and that
2-6 allows only the master or crew of the vessel to uncover the device,
2-7 equipment, or paraphernalia; and]
2-8 [(ii)] disabled, electronically or by
2-9 another method, from a remote and secured area of the vessel in a
2-10 manner that allows only the master or crew of the vessel to remove
2-11 any disabling device;
2-12 (3) at all times while the vessel is in the
2-13 territorial waters of this state any disabling device is not
2-14 removed[, no person other than the master and crew of the vessel is
2-15 permitted,] except for the purposes of inspecting or repairing the
2-16 device, equipment, or paraphernalia[, to:]
2-17 [(A) enter or view the portion of the vessel in
2-18 which the device, equipment, or paraphernalia is locked or secured
2-19 under Subdivision (2)(A); or]
2-20 [(B) uncover the device, equipment, or
2-21 paraphernalia or remove any disabling device located on the
2-22 vessel]; and
2-23 (4) the device, equipment, or paraphernalia is not
2-24 used for gambling or other gaming purposes while the vessel is in
2-25 the territorial waters of this state.
2-26 SECTION 2. (a) This Act takes effect September 1, 1999.
2-27 (b) The change in law made by this Act applies only to an
3-1 offense committed on or after the effective date of this Act.
3-2 (c) An offense committed before the effective date of this
3-3 Act is covered by the law in effect when the offense was committed,
3-4 and the former law is continued in effect for that purpose. For
3-5 the purposes of this section, an offense is committed before the
3-6 effective date of this Act if any element of the offense occurs
3-7 before that date.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.