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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a bet for purposes of gambling |
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criminal offenses. |
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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 Subdivision (1) and adding Subdivision (2-a) to read as |
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follows: |
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(1) "Bet" means an agreement to win or lose something |
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of value solely or partially by chance. A bet does not include: |
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(A) contracts of indemnity or guaranty, or life, |
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health, property, or accident insurance; |
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(B) an offer of a prize, award, or compensation |
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to the actual contestants or participants in a bona fide contest for |
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the determination of skill, speed, strength, or endurance or to the |
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owners of animals, vehicles, watercraft, or aircraft entered in a |
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contest; [or] |
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(C) an offer of merchandise, with a value not |
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greater than $25, made by the proprietor of a bona fide carnival |
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contest conducted at a carnival sponsored by a nonprofit religious, |
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fraternal, school, law enforcement, youth, agricultural, or civic |
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group, including any nonprofit agricultural or civic group |
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incorporated by the state before 1955, if the person to receive the |
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merchandise from the proprietor is the person who performs the |
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carnival contest; or |
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(D) an offer of a prize, award, or compensation |
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to the participants in a fantasy or simulated game or contest. |
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(2-a) "Fantasy or simulated game or contest" means a |
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bona fide contest, reflecting the knowledge and skill of the |
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participants, in which: |
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(A) participants assemble a fictional sports |
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team composed of actual professional or amateur athletes to compete |
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against other fictional sports teams assembled by other |
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participants for a prize, award, or compensation; |
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(B) the value of any prize, award, or |
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compensation is established in advance of the beginning of the game |
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or contest; |
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(C) the outcome of the game or contest is |
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determined by the accumulated statistical performances of the |
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individual athletes on a participant's fictional sports team; and |
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(D) the outcome of the game or contest is not |
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based solely on the score, point spread, or performance of a single |
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professional or amateur team or athlete. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |