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.