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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offenses of gambling, |
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keeping a gambling place, and possession of a gambling device, |
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equipment, or paraphernalia. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.01(8), Penal Code, is amended to read |
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as follows: |
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(8) "Private residence [place]" means a dwelling |
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[place] to which the public does not have access, and excludes, |
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among other places, streets, highways, restaurants, taverns, |
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nightclubs, schools, hospitals, and the common areas of apartment |
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houses, hotels, motels, office buildings, transportation |
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facilities, and shops. |
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SECTION 2. Section 47.02(b), Penal Code, is amended to read |
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as follows: |
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(b) It is a defense to prosecution under this section that: |
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(1) the actor engaged in gambling in a private |
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residence [place]; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 3. Section 47.04(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the gambling occurred in a private residence |
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[place]; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 4. Section 47.06(d), Penal Code, is amended to read |
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as follows: |
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(d) It is a defense to prosecution under Subsections (a) and |
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(c) that: |
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(1) the device, equipment, or paraphernalia is used |
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for or is intended for use in gambling that is to occur entirely in a |
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private residence [place]; |
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(2) a person involved in the gambling does not receive |
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any economic benefit other than personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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chance of winning is the same for all participants. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |