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A BILL TO BE ENTITLED
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AN ACT
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relating to gambling criminal offenses and a defense to prosecution |
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for a gambling offense; increasing criminal penalties. |
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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 Subdivisions (4) and (9) to read as |
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follows: |
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(2-a) "Device" includes all or part of an electronic, |
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electromechanical, or mechanical contrivance, machine, or |
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apparatus. |
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(4) "Gambling device" means any device [electronic, |
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electromechanical, or mechanical contrivance not excluded under |
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Paragraph (B)] that for [a] consideration affords the player or |
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user of the device an opportunity to obtain any thing [anything] of |
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value, the award of which is determined solely or partially by |
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chance, even though accompanied by some skill, whether or not the |
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prize is automatically paid by the contrivance. The term[: |
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[(A)] includes a[, but is not limited to,] |
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gambling device version [versions] of bingo, keno, blackjack, |
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lottery, roulette, video poker, or similar electronic, |
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electromechanical, or mechanical games, or a facsimile of any of |
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those or similar games [facsimiles thereof], that operates solely |
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or partially [operate] by chance [or partially so, that as a result |
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of the play or operation of the game award credits or free games, |
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and that record the number of free games or credits so awarded and |
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the cancellation or removal of the free games or credits; and |
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[(B) does not include any electronic, |
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electromechanical, or mechanical contrivance designed, made, and |
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adapted solely for bona fide amusement purposes if the contrivance |
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rewards the player exclusively with noncash merchandise prizes, |
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toys, or novelties, or a representation of value redeemable for |
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those items, that have a wholesale value available from a single |
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play of the game or device of not more than 10 times the amount |
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charged to play the game or device once or $5, whichever is less]. |
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(9) "Thing of value" means any property, money, right, |
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privilege, or other benefit, including a gift card or any other |
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representation of value redeemable for any property, money, right, |
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privilege, or other benefit [but does not include an unrecorded and |
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immediate right of replay not exchangeable for value]. |
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SECTION 2. Section 47.03(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the third |
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degree [Class A misdemeanor]. |
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SECTION 3. Section 47.04(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under this section is a felony of the third |
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degree [Class A misdemeanor]. |
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SECTION 4. Section 47.05(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under this section is a felony of the third |
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degree [Class A misdemeanor]. |
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SECTION 5. Section 47.06(e), Penal Code, is amended to read |
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as follows: |
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(e) An offense under this section is a felony of the third |
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degree [Class A misdemeanor]. |
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SECTION 6. Section 47.02(e), Penal Code, is repealed. |
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SECTION 7. (a) The changes in law made by this Act apply |
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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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and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |