Amend CSSB 309 (Senate committee printing) as follows:                       
	(1)  In SECTION 1 of the bill, strike added Section 
2153.502(1), Occupations Code (page 1, lines 23 and 24), and 
substitute the following:
		(1)  "Amusement redemption machine" means an 
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, or 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.
	(2)  In SECTION 1 of the bill, in added Section 
2153.503(c)(9), Occupations Code (page 1, line 63), strike "Section 
47.01(4)(B), Penal Code" and substitute "this subchapter and rules 
adopted under this subchapter".
	(3)  In SECTION 1 of the bill, in added Section 2153.503(e), 
Occupations Code (page 2, lines 15 and 20), strike "Section 
47.01(4)(B), Penal Code" both places it appears and substitute 
"this subchapter and rules adopted under this subchapter".
	(4)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent  SECTIONS of the bill accordingly:
	 SECTION ___.  Section 47.01(4), Penal Code, is 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, a slot 
machine, gray machine, video lottery machine, eight-liner or 
gambling device versions of bingo, keno, blackjack, lottery, 
roulette, video poker, 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, or 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].
	SECTION ____.  Section 47.02(e), Penal Code, is repealed.                      
	SECTION ____.  (a)  The change in law made by this Act 
applies  only to an offense committed on or after September 1, 2009. 
For  purposes of this section, an offense is committed before 
September  1, 2009, if any element of the offense occurs before that 
date. 
	(b)  An offense committed before September 1, 2009, is 
covered  by the law in effect when the offense was committed, and 
the former  law is continued in effect for that purpose.