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.