By:  Sibley                                            S.B. No. 970
         99S0472/1                           
                                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 Subdivision (10) to read as follows:
 1-6                 (4)  "Gambling device" means any electronic,
 1-7     electromechanical, or mechanical contrivance [not excluded under
 1-8     Paragraph (B)] that for a consideration affords the player an
 1-9     opportunity to obtain anything of value, the award of which is
1-10     determined solely or partially by chance, even though accompanied
1-11     by some skill, whether or not the prize is automatically paid by
1-12     the contrivance.  The term[:]
1-13                       [(A)]  includes, but is not limited to, gambling
1-14     device versions of bingo, keno, blackjack, lottery, roulette, slot
1-15     machine, video poker, or similar electronic, electromechanical, or
1-16     mechanical games, or facsimiles thereof, that operate by chance or
1-17     partially so, that as a result of the play or operation of the game
1-18     award credits or free games, and that record the number of free
1-19     games or credits so awarded and the cancellation or removal of the
1-20     free games or credits[; and]
1-21                       [(B)  does not include any electronic,
1-22     electromechanical, or mechanical contrivance designed, made, and
1-23     adapted solely for bona fide amusement purposes if the contrivance
1-24     rewards the player exclusively with noncash merchandise prizes,
 2-1     toys, or novelties, or a representation of value redeemable for
 2-2     those items, that have a wholesale value available from a single
 2-3     play of the game or device of not more than 10 times the amount
 2-4     charged to play the game or device once or $5, whichever is less].
 2-5                 (10)  "Bona fide amusement device" is an amusement game
 2-6     for which skill is the predominate requirement to win or be awarded
 2-7     a thing of value.  The thing of value must be merchandise retained
 2-8     and redeemed on the premises.  The thing of value may not be cash,
 2-9     a cash equivalent, or redeemable for cash.  The value of any thing
2-10     awarded from a single play shall not exceed $5.  The average
2-11     wholesale value of all merchandise retained on the premises for
2-12     award as a thing of value may not exceed $10.  Any device that is
2-13     an electronic, electromechanical, or mechanical contrivance as
2-14     enumerated in Subdivision (4), or any device that is substantially
2-15     or deceptively similar to a contrivance enumerated in Subdivision
2-16     (4), is not a "bona fide amusement device."
2-17           SECTION 2.  Subsection (e), Section 47.02, Penal Code, is
2-18     amended to read as follows:
2-19           (e)  It is an affirmative [a] defense to prosecution under
2-20     this section that a person played for something of value other than
2-21     money using a bona fide amusement device [an electronic,
2-22     electromechanical, or mechanical contrivance excluded from the
2-23     definition of "gambling device" under Section 47.01(4)(B)].
2-24           SECTION 3.  Section 47.06, Penal Code, is amended by adding
2-25     Subsection (h) to read as follows:
2-26           (h)  It is an affirmative defense to prosecution under
 3-1     Subsection (a) that the device possessed was a bona fide amusement
 3-2     device.
 3-3           SECTION 4.  (a)  This Act takes effect September 1, 1999.
 3-4           (b)  The change in law made by this Act applies only to an
 3-5     offense committed on or after the effective date of this Act.  For
 3-6     the purposes of this section, an offense is committed before the
 3-7     effective date of this Act if any element of the offense occurs
 3-8     before that date.
 3-9           (c)  An offense committed before the effective date of this
3-10     Act is covered by the law in effect when the offense was committed,
3-11     and the former law is continued in effect for that purpose.
3-12           SECTION 5.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended.