By: Flynn (Senate Sponsor - Gallegos) H.B. No. 358

(In the Senate - Received from the House May 18, 2009; May 21, 2009, read first time and referred to Committee on State Affairs; May 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0, 1 present not voting; May 23, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 358 By: Van de Putte

A BILL TO BE ENTITLED

AN ACT

relating to the seizure of the circuit board of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 18, Code of Criminal Procedure, is amended by adding Article 18.095 to read as follows:

Art. 18.095. SEIZURE OF CIRCUIT BOARD OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. For purposes of this chapter, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:

(1) seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;

(2) carry the circuit board before the magistrate; and

(3) retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.

SECTION 2. This Act takes effect September 1, 2009.

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