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.