Texas House Bill HB358

Texas 2009 - 81st Regular

• Out of House Committee: 3/30/09
• Voted on by House: 5/17/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/31/09
• Passed: 6/19/09

Caption

Relating to the seizure of the circuit board of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia.

Impact

The enactment of HB358 is designed to streamline the procedures related to the enforcement of gambling laws in Texas. By enabling law enforcement officers to specifically seize only critical parts of gambling devices, the bill aims to reduce unnecessary confiscation of entire devices, thereby decreasing the burden on individuals and businesses. This bill could potentially improve efficiency within law enforcement agencies, as they will have clearer guidelines on what constitutes a legitimate seizure during investigations involving gambling activities.

Summary

House Bill 358 introduces specific provisions regarding the seizure of gambling devices and their components by law enforcement. The bill amends Chapter 18 of the Code of Criminal Procedure to include Article 18.095, which allows officers executing a search warrant to seize only the programmable main circuit board of gambling devices or paraphernalia, rather than the entire device. This makes the seizure process more focused on the essential components that provide the necessary operational information for the gambling devices.

Contention

One notable aspect of the bill is the simplicity and clarity it provides to the process of seizing gambling-related equipment. However, there may be concerns regarding how the bill could affect the definition and scope of gambling regulation in the state. Some lawmakers and stakeholders could find contention in the implications that this legislation has on the existing mechanisms for controlling illegal gambling activities, raising questions about enforcement practices and accountability in handling seized equipment.