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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses applicable to gambling and gambling |
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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(4), Penal Code, is amended to read |
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as follows: |
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(4) "Gambling device" means any electronic, |
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electromechanical, or mechanical device [contrivance] not excluded |
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under Paragraph (B) that for [a] consideration affords the player |
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or user an opportunity to obtain anything of value, regardless of |
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the number of plays or operations of the device, the award of which |
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is determined solely or partially by chance, even though |
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accompanied by some skill[, whether or not the prize is
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automatically paid by the contrivance]. The term: |
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(A) includes[, but is not limited to,] gambling |
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device versions of bingo, keno, blackjack, lottery, roulette, video |
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poker, or similar electronic, electromechanical, or mechanical |
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games, or facsimiles of those games [thereof], that: |
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(i) operate solely or partially by chance; |
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(ii) regardless of the number of plays or |
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operations [or partially so, that as a result of the play or
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operation] of the game or device, may result in the award of credits |
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or free games for the play or operation; [,] and |
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(iii) [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 device [contrivance] designed, |
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made, and adapted solely for bona fide amusement purposes if, |
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regardless of the number of games played or credits awarded, the |
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device [contrivance] rewards the player exclusively with noncash |
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merchandise prizes, toys, or novelties, or a representation of |
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value redeemable for those items, that have a wholesale value |
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[available from a single play of the game or device] of not more |
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than 10 times the amount charged to play the game or device once or |
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$5, whichever is less. |
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SECTION 2. (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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or the action taken, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |