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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of the criminal offenses of gambling, |
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the prosecution of the criminal offenses of gambling, gambling |
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promotion, and keeping a gambling place. |
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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 adding |
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Subdivision (2-a) and amending Subdivision (8) to read as follows: |
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(2-a) "Economic benefit" means direct winnings from a game |
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of skill or luck. The term does not include a benefit received |
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before a game commences or after payment of the direct winnings from |
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the game. |
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(8) "Private place" means a place to which the public does |
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not have access without a valid membership, special invitation, or |
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prior grant of permission[,] and excludes, among other places, |
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streets, highways, restaurants, taverns, nightclubs, schools, |
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hospitals, and the common areas of apartment houses, hotels, |
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motels, office buildings, transportation 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 an exception to the application of [a defense to |
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prosecution under] this section that: |
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(1) the actor engaged in gambling in a private 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 47.03, Penal Code, is amended by adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a-1) It is an exception to the application of Subsection |
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(a)(1) that: |
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(1) the gambling place was located in a private place; |
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(2) the gambling place did not provide any economic |
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benefit other than personal winnings to any person; 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 at the gambling place |
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were the same for all participants. |
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(a-2) It is an exception to the application of Subsection |
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(a)(3) that: |
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(1) the thing of value was bet or offered in a private |
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place; |
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(2) the thing of value bet or offered did not provide |
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any economic benefit other than personal winnings to any person; |
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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 the thing of value bet or |
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offered were the same for all participants. |
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SECTION 4. Section 47.04(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of [affirmative |
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defense to prosecution under] this section that: |
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(1) the gambling occurred in a private 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 5. 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 6. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |