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.