79R4823 MSE-D

By:  Dutton                                                       H.B. No. 1824



A BILL TO BE ENTITLED

AN ACT

relating to authorizing an alcoholic beverage permit holder to host 
a card game.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 47.02, Penal Code, is amended by adding 
Subsection (f) to read as follows:
	(f)  It is a defense to prosecution under this section that:            
		(1)  the actor bet or played for money or other thing of 
value at a game played with cards on premises at which the actor 
reasonably believed the sale and consumption of alcoholic beverages 
was authorized by law;
		(2)  the actor reasonably believed that no participant 
in the card game received any economic benefit from that 
participation other than personal winnings; and
		(3)  except for the advantage of skill or luck, the 
risks of losing and the chances of winning at the card game were the 
same for all participants.
	SECTION 2.  Section 47.09, Penal Code, is amended by adding 
Subsections (c) and (d) to read as follows:
	(c)  It is a defense to prosecution under this chapter that:            
		(1)  the gambling for money or other thing of value 
involved a game played with cards that occurred on premises at which 
the sale and consumption of alcoholic beverages was authorized 
under an alcoholic beverage permit issued under Title 3, Alcoholic 
Beverage Code;
		(2)  no person other than a participant in the card game 
received any direct economic benefit from the card game, other than 
a participation or admission charge collected by the owner of the 
premises from persons participating in or observing the card game;
		(3)  no participant in the card game received any 
economic benefit from that participation other than personal 
winnings; and
		(4)  except for the advantage of skill or luck, the 
risks of losing and the chances of winning at the card game were the 
same for all participants.
	(d)  For purposes of Subsection (c), money received from 
sales of beverages, food, or other goods or services is not a direct 
economic benefit from a card game.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 4.  This Act takes effect September 1, 2005.