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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 device [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 or |
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user of the device an opportunity to obtain any thing [anything] of |
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value, the award of which is determined solely or partially by |
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chance, even though accompanied by some skill[, whether or not the
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prize is automatically paid by the contrivance]. The term[:
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[(A)] includes, but is not limited to, a gambling |
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device version [versions] of bingo, keno, blackjack, lottery, |
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roulette, video poker, or similar electronic, electromechanical, |
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or mechanical games, or a facsimile of any of those games |
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[facsimiles thereof], that: |
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(A) operates solely or partially [operate] by |
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chance; |
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(B) [or partially so, that] as a result of the |
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play or use [operation] of the game, awards [award] credits or free |
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games; [,] and |
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(C) records [that record] the number of free |
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games or credits [so] awarded and the cancellation or removal of the |
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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 an electronic, |
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electromechanical, or mechanical 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 and for which skill is the predominating |
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requirement for a player or user of the device to win or be awarded a |
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thing of value. The term does not include an electronic, |
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electromechanical, or mechanical version of bingo, keno, |
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blackjack, lottery, roulette, video poker, or similar game, or a |
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facsimile of any of those games, that operates wholly or partially |
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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 DEVICE. (a) |
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It is an affirmative defense to prosecution under Section 47.02 |
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that: |
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(1) the conduct consists entirely of the play or use of |
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a bona fide amusement device; and |
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(2) the player or user may not win or be awarded a |
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thing of value for playing or using the device other than: |
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(A) noncash merchandise available only on the |
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premises where the device is located; or |
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(B) a ticket, coupon, or other representation of |
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value redeemable only on the premises where the device is located |
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for 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 use of the device may not have a wholesale |
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value of more than the lesser of: |
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(A) 10 times the amount charged for the single |
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play or use; or |
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(B) $5; 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 playing |
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or using the device, including the manufacturing, transporting, |
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storing, or repairing of the 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, 2009. |