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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offenses applicable to gambling and |
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gambling devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.01, Penal Code, is amended by |
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amending Subdivisions (4) and (9) and adding Subdivisions (10) and |
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(11) to read as follows: |
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(4) "Gambling device" means any electronic, |
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electromechanical, or mechanical contrivance [not excluded under
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Paragraph (B)] that for [a] consideration affords the player an |
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opportunity to obtain any thing [anything] of value, the award of |
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which is determined solely or partially by chance, even though |
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accompanied by some skill, whether or not the prize is |
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automatically paid by the contrivance |
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. The term[:
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[(A)] includes, but is not limited to, gambling |
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device versions of bingo, keno, blackjack, lottery, roulette, video |
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poker, or similar electronic, electromechanical, or mechanical |
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games, or facsimiles of those games [thereof], that operate by |
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chance or partially so, that as a result of the play or operation of |
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the game award credits or free games, and that record the number of |
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free games or credits so awarded and the cancellation or removal of |
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the free games or credits[; and
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[(B) does not include any electronic,
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electromechanical, or mechanical contrivance designed, made, and
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adapted solely for bona fide amusement purposes if the contrivance
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rewards the player exclusively with noncash merchandise prizes,
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toys, or novelties, or a representation of value redeemable for
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those items, that have a wholesale value available from a single
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play of the game or device of not more than 10 times the amount
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charged to play the game or device once or $5, whichever is less]. |
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(9) "Thing of value" means any property, money, right, |
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privilege, or other benefit, including a representation of value |
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redeemable for any property, money, right, privilege, or other |
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benefit [but does not include an unrecorded and immediate right of
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replay not exchangeable for value]. |
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(10) "Device" includes all or part of a mechanical, |
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electronic, or electromechanical contrivance, machine, or |
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apparatus. |
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(11) "Bona fide amusement device" means a device on |
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which an amusement game or other activity can be played or conducted |
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for consideration, for which skill is the predominating requirement |
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for a player of the device to win or be awarded a thing of value. |
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The term does not include electronic, electromechanical, or |
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mechanical versions of bingo, keno, blackjack, lottery, roulette, |
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video poker, or similar games, or facsimiles of those games, that |
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operate wholly or partially by chance. |
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SECTION 2. Chapter 47, Penal Code, is amended by adding |
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Section 47.091 to read as follows: |
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Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICES. (a) |
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It is an affirmative defense to prosecution under Section 47.02 |
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that the conduct consists entirely of the use of a bona fide |
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amusement device and the user may not win or be awarded a thing of |
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value for playing or using the device other than: |
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(1) noncash merchandise available only on the premises |
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where the device is located; or |
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(2) a ticket, coupon, or other representation of value |
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redeemable only on the premises where the device is located for |
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noncash merchandise. |
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(b) For purposes of Subsection (a): |
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(1) the noncash merchandise or representation of value |
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redeemable for noncash merchandise that may be won or awarded for a |
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single play of a game or activity on the device may not have a |
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wholesale value of more than 10 times the amount charged for a |
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single play or $5, whichever is less; and |
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(2) an item of noncash merchandise that may be won or |
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awarded for playing or using the device or for which a person may |
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redeem one or more tickets, coupons, or other representations of |
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value won or awarded for playing or using the device may not have a |
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wholesale value of more than $50. |
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(c) It is an affirmative defense to prosecution under |
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Section 47.03, 47.04, or 47.06 that the conduct consists of or is a |
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necessary incident to offering, using, or maintaining one or more |
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bona fide amusement devices used exclusively for conduct for which |
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Subsection (a) provides an affirmative defense to a person using |
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the device, including the manufacturing, transporting, storing, or |
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repairing of such a device. |
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SECTION 3. Section 47.02(e), Penal Code, is repealed. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |