76R14274 E
By Sibley S.B. No. 970
Substitute the following for S.B. No. 970:
By Keel C.S.S.B. No. 970
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal offenses applicable to gambling and
1-3 gambling devices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 47.01, Penal Code, is amended by amending
1-6 Subdivision (4) and adding Subdivisions (10), (11), and (12) to
1-7 read as follows:
1-8 (4) "Gambling device" means any electronic,
1-9 electromechanical, or mechanical contrivance [not excluded under
1-10 Paragraph (B)] that for a consideration affords the player an
1-11 opportunity to obtain anything of value, the award of which is
1-12 determined solely or partially by chance, even though accompanied
1-13 by some skill, whether or not the prize is automatically paid by
1-14 the contrivance. The term[:]
1-15 [(A)] includes, but is not limited to, gambling
1-16 device versions of bingo, keno, blackjack, lottery, roulette, slot
1-17 machine, video poker, or similar electronic, electromechanical, or
1-18 mechanical games, or facsimiles thereof, that operate by chance or
1-19 partially so, that as a result of the play or operation of the game
1-20 award credits or free games, and that record the number of free
1-21 games or credits so awarded and the cancellation or removal of the
1-22 free games or credits[; and]
1-23 [(B) does not include any electronic,
2-1 electromechanical, or mechanical contrivance designed, made, and
2-2 adapted solely for bona fide amusement purposes if the contrivance
2-3 rewards the player exclusively with noncash merchandise prizes,
2-4 toys, or novelties, or a representation of value redeemable for
2-5 those items, that have a wholesale value available from a single
2-6 play of the game or device of not more than 10 times the amount
2-7 charged to play the game or device once or $5, whichever is less].
2-8 (10) "Bona fide amusement device" means an amusement
2-9 game for which skill is the predominate requirement to win or be
2-10 awarded a thing of value. The thing of value must be merchandise.
2-11 The thing of value may not be cash, a cash equivalent, or
2-12 redeemable for cash, except that for a bona fide amusement device
2-13 located on the premises of a licensed gaming venue the thing of
2-14 value may be redeemable for a game card or ticket. A game card or
2-15 ticket may not be redeemed for any alcoholic beverage. The value
2-16 of any thing awarded from a single play shall not exceed $5, and
2-17 for that purpose the value of a game card or ticket is the dollar
2-18 amount printed on the game card or ticket representing the regular
2-19 purchase price of the card or ticket or, in the case of a bingo
2-20 card that has no price printed on the card, the value of a game
2-21 card is the dollar amount charged by the person conducting the
2-22 bingo game. The term "bona fide amusement device" does not
2-23 include:
2-24 (A) a device that employs an inherent, material
2-25 element of chance to affect whether a player will win or be awarded
2-26 a thing of value and that is designed to be preset in a way that
2-27 limits the overall percentage of the consideration paid by players
3-1 that will be awarded to players as a thing of value; or
3-2 (B) a device that is an electronic,
3-3 electromechanical, or mechanical contrivance as enumerated in
3-4 Subdivision (4).
3-5 (11) "Licensed gaming venue" means a premises that is
3-6 licensed or permitted for the on-premises consumption of alcoholic
3-7 beverages under the Alcoholic Beverage Code and that is also:
3-8 (A) licensed as a premises for the conduct of
3-9 bingo under the Bingo Enabling Act (Article 179d, Vernon's Texas
3-10 Civil Statutes);
3-11 (B) an enclosure at which wagering is permitted
3-12 at a racetrack licensed under the Texas Racing Act (Article 179e,
3-13 Vernon's Texas Civil Statutes) and that also conducts live racing;
3-14 or
3-15 (C) the location of a licensed ticket sales
3-16 agent under Chapter 466, Government Code.
3-17 (12) "Game card or ticket" means:
3-18 (A) a bingo card for play at the premises on
3-19 which the bona fide amusement device is located; or
3-20 (B) a parimutuel ticket redeemable at a
3-21 racetrack at which the bona fide amusement device is located.
3-22 SECTION 2. Subsection (e), Section 47.02, Penal Code, is
3-23 amended to read as follows:
3-24 (e) It is an affirmative [a] defense to prosecution under
3-25 this section that a person played for something of value other than
3-26 money using a bona fide amusement device [an electronic,
3-27 electromechanical, or mechanical contrivance excluded from the
4-1 definition of "gambling device" under Section 47.01(4)(B)].
4-2 SECTION 3. Section 47.06, Penal Code, is amended by adding
4-3 Subsection (h) to read as follows:
4-4 (h) It is an affirmative defense to prosecution under
4-5 Subsection (a) that the device possessed was a bona fide amusement
4-6 device.
4-7 SECTION 4. Chapter 47, Penal Code, is amended by adding
4-8 Section 47.11 to read as follows:
4-9 Sec. 47.11. USE OF CERTAIN DEVICES BY INDIAN TRIBE. (a)
4-10 This section applies only to a federally recognized Indian tribe
4-11 that on January 1, 1999, had a reservation within this state.
4-12 (b) For the purposes of this chapter, a device used in
4-13 gaming conducted by an Indian tribe, or owned or possessed by the
4-14 tribe in connection with that gaming, is a gambling device only if
4-15 it would have been a gambling device under this chapter as it
4-16 existed on January 1, 1999.
4-17 SECTION 5. (a) This Act takes effect September 1, 1999.
4-18 (b) The change in law made by this Act applies only to an
4-19 offense committed on or after the effective date of this Act. For
4-20 the purposes of this section, an offense is committed before the
4-21 effective date of this Act if any element of the offense occurs
4-22 before that date.
4-23 (c) An offense committed before the effective date of this
4-24 Act is covered by the law in effect when the offense was committed,
4-25 and the former law is continued in effect for that purpose.
4-26 SECTION 6. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended.