BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2394

81R3160 PMO-D                                                                                                           By: Gallegos

                                                                                                                                       State Affairs

                                                                                                                                            4/22/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Law enforcement officials are tasked with enforcing Texas' existing gambling laws, but are hindered in doing so because offenses related to the illegal use and operation of eight liner machines require cumbersome investigations and costly storing of the machines, which are typically very large and heavy.  Prosecutors and peace officers rely on local tax dollars to store and transport these machines.

 

The bill adds clarifying language to the current definition of a gambling device so that law enforcement agencies and prosecutors need only retain the motherboard or other similar portions of the device for the purposes of prosecution, rather than the entire machine.

 

As proposed,  S.B. 2394 amends current law relating to criminal offenses applicable to gambling and gambling devices.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 47.01, Penal Code, by adding Subdivision (4-a) to define "device" and "contrivance."

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2009.