By: Sibley S.B. No. 970
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the criminal offenses applicable to gambling and
1-2 gambling devices.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 47.01, Penal Code, is amended by amending
1-5 Subdivision (4) and adding Subdivisions (10), (11), and (12) to
1-6 read as follows:
1-7 (4) "Gambling device" means any electronic,
1-8 electromechanical, or mechanical contrivance [not excluded under
1-9 Paragraph (B)] that for a consideration affords the player an
1-10 opportunity to obtain anything of value, the award of which is
1-11 determined solely or partially by chance, even though accompanied
1-12 by some skill, whether or not the prize is automatically paid by
1-13 the contrivance. The term[:]
1-14 [(A)] includes, but is not limited to, gambling
1-15 device versions of bingo, keno, blackjack, lottery, roulette, slot
1-16 machine, video poker, or similar electronic, electromechanical, or
1-17 mechanical games, or facsimiles thereof, that operate by chance or
1-18 partially so, that as a result of the play or operation of the game
1-19 award credits or free games, and that record the number of free
1-20 games or credits so awarded and the cancellation or removal of the
1-21 free games or credits[; and]
1-22 [(B) does not include any electronic,
1-23 electromechanical, or mechanical contrivance designed, made, and
1-24 adapted solely for bona fide amusement purposes if the contrivance
2-1 rewards the player exclusively with noncash merchandise prizes,
2-2 toys, or novelties, or a representation of value redeemable for
2-3 those items, that have a wholesale value available from a single
2-4 play of the game or device of not more than 10 times the amount
2-5 charged to play the game or device once or $5, whichever is less].
2-6 (10) "Bona fide amusement device" means an amusement
2-7 game for which skill is the predominate requirement to win or be
2-8 awarded a thing of value. The thing of value must be merchandise
2-9 retained and redeemed on the premises. The thing of value may not
2-10 be cash, a cash equivalent, or redeemable for cash, except that for
2-11 a bona fide amusement device located on the premises of a licensed
2-12 gaming venue the thing of value may be redeemable for a game card
2-13 or ticket. A game card or ticket may not be redeemed for any
2-14 alcoholic beverage. The value of any thing awarded from a single
2-15 play shall not exceed $5, and for that purpose the value of a game
2-16 card or ticket is the dollar amount printed on the game card or
2-17 ticket representing the regular purchase price of the card or
2-18 ticket or, in the case of a bingo card that has no price printed on
2-19 the card, the value of a game card is the dollar amount charged by
2-20 the person conducting the bingo game. The average wholesale value
2-21 of all merchandise retained on the premises for award as a thing of
2-22 value may not exceed $10 and the wholesale value of any single item
2-23 of merchandise may not exceed $250. A bona fide amusement device
2-24 does not include a device that awards a thing of value and allows
2-25 amendment, cancellation, removal, or recording of the number of
2-26 free games or credits the player has accumulated as a result of
3-1 playing the device or game. Any device that is an electronic,
3-2 electromechanical, or mechanical contrivance as enumerated in
3-3 Subdivision (4), or any device that is substantially or deceptively
3-4 similar to a contrivance enumerated in Subdivision (4), is not a
3-5 "bona fide amusement device."
3-6 (11) "Licensed gaming venue" means a premises that is
3-7 licensed or permitted for the on-premises consumption of alcoholic
3-8 beverages under the Alcoholic Beverage Code and that is also:
3-9 (A) licensed as a premises for the conduct of
3-10 bingo under the Bingo Enabling Act (Article 179d, Vernon's Texas
3-11 Civil Statutes);
3-12 (B) an enclosure at which wagering is permitted
3-13 at a racetrack licensed under the Texas Racing Act (Article 179e,
3-14 Vernon's Texas Civil Statutes) and that also conducts live racing;
3-15 or
3-16 (C) the location of a licensed ticket sales
3-17 agent under Chapter 466, Government Code.
3-18 (12) "Game card or ticket" means:
3-19 (A) a bingo card for play at the premises on
3-20 which the bona fide amusement device is located; or
3-21 (B) a parimutuel ticket redeemable at a
3-22 racetrack at which the bona fide amusement device is located.
3-23 SECTION 2. Subsection (e), Section 47.02, Penal Code, is
3-24 amended to read as follows:
3-25 (e) It is an affirmative [a] defense to prosecution under
3-26 this section that a person played for something of value other than
4-1 money using a bona fide amusement device [an electronic,
4-2 electromechanical, or mechanical contrivance excluded from the
4-3 definition of "gambling device" under Section 47.01(4)(B)].
4-4 SECTION 3. Section 47.06, Penal Code, is amended by adding
4-5 Subsection (h) to read as follows:
4-6 (h) It is an affirmative defense to prosecution under
4-7 Subsection (a) that the device possessed was a bona fide amusement
4-8 device.
4-9 SECTION 4. (a) This Act takes effect September 1, 1999.
4-10 (b) The change in law made by this Act applies only to an
4-11 offense committed on or after the effective date of this Act. For
4-12 the purposes of this section, an offense is committed before the
4-13 effective date of this Act if any element of the offense occurs
4-14 before that date.
4-15 (c) An offense committed before the effective date of this
4-16 Act is covered by the law in effect when the offense was committed,
4-17 and the former law is continued in effect for that purpose.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.