1-1 By: Eiland (Senate Sponsor - Jackson) H.B. No. 1802
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an affirmative defense to certain gambling offenses
1-9 committed on an ocean-going vessel.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 47.09(b), Penal Code, is amended to read
1-12 as follows:
1-13 (b) It is an affirmative defense to prosecution under
1-14 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
1-15 equipment, or paraphernalia is aboard an ocean-going vessel that
1-16 enters the territorial waters of this state to call at a port in
1-17 this state if:
1-18 (1) before the vessel enters the territorial waters of
1-19 this state, the district attorney or, if there is no district
1-20 attorney, the county attorney for the county in which the port is
1-21 located receives notice of the existence of the device, equipment,
1-22 or paraphernalia on board the vessel and of the anticipated dates
1-23 on which the vessel will enter and leave the territorial waters of
1-24 this state;
1-25 (2) [except as permitted by Subdivision (3),] at all
1-26 times while the vessel is in the territorial waters of this state[:]
1-27 [(A) the portion of the vessel in which the
1-28 device, equipment, or paraphernalia is located is locked or
1-29 otherwise physically secured in a manner that makes the area
1-30 inaccessible to anyone other than the master and crew of the
1-31 vessel; or]
1-32 [(B)] all devices, equipment, or paraphernalia
1-33 are[:]
1-34 [(i) covered in a manner that prevents the
1-35 use or viewing of the device, equipment, or paraphernalia and that
1-36 allows only the master or crew of the vessel to uncover the device,
1-37 equipment, or paraphernalia; and]
1-38 [(ii)] disabled, electronically or by
1-39 another method, from a remote and secured area of the vessel in a
1-40 manner that allows only the master or crew of the vessel to remove
1-41 any disabling device;
1-42 (3) at all times while the vessel is in the
1-43 territorial waters of this state any disabling device is not
1-44 removed[, no person other than the master and crew of the vessel is
1-45 permitted,] except for the purposes of inspecting or repairing the
1-46 device, equipment, or paraphernalia[, to:]
1-47 [(A) enter or view the portion of the vessel in
1-48 which the device, equipment, or paraphernalia is locked or secured
1-49 under Subdivision (2)(A); or]
1-50 [(B) uncover the device, equipment, or
1-51 paraphernalia or remove any disabling device located on the
1-52 vessel]; and
1-53 (4) the device, equipment, or paraphernalia is not
1-54 used for gambling or other gaming purposes while the vessel is in
1-55 the territorial waters of this state.
1-56 SECTION 2. (a) This Act takes effect September 1, 1999.
1-57 (b) The change in law made by this Act applies only to an
1-58 offense committed on or after the effective date of this Act.
1-59 (c) An offense committed before the effective date of this
1-60 Act is covered by the law in effect when the offense was committed,
1-61 and the former law is continued in effect for that purpose. For
1-62 the purposes of this section, an offense is committed before the
1-63 effective date of this Act if any element of the offense occurs
1-64 before that date.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
2-6 * * * * *