78R5009 YDB-F

By:  Wohlgemuth                                                   H.B. No. 977



A BILL TO BE ENTITLED

AN ACT

relating to criminal offenses for conduct involving gambling 
devices.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 47.01(4) and (9), Penal Code, are 
amended to read as follows:
		(4)  "Gambling device" means any electronic, 
electromechanical, or mechanical contrivance not excluded under 
Paragraph (B) that for a consideration affords the player an 
opportunity to obtain anything of value, the award of which is 
determined solely or partially by chance, even though accompanied 
by some skill, whether or not the prize is automatically paid by the 
contrivance.  The term:
			(A)  includes, but is not limited to, gambling 
device versions of bingo, keno, blackjack, lottery, roulette, and
video poker, and slot machines, video slot machines, video 
sweepstakes machines, and [or] similar electronic, 
electromechanical, or mechanical games, or facsimiles thereof, 
that operate by chance or partially so, that as a result of the play 
or operation of the game award credits or free games, and that 
record the number of free games or credits so awarded and the 
cancellation or removal of the free games or credits; and
			(B)  does not include any electronic, 
electromechanical, or mechanical contrivance designed, made, and 
adapted solely for bona fide amusement purposes if the contrivance 
rewards the player exclusively with noncash merchandise prizes, 
toys, novelties, or a representation of value redeemable for those 
items, that have a wholesale value available from a single play of 
the game or device of not more than 10 times the amount charged to 
play the game or device once or $5, whichever is less.
		(9)  "Thing of value" means any benefit, but does not 
include an [unrecorded and] immediate right of replay not 
exchangeable for value.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.