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                                  * * * * *