| 1 | 1 | | H.B. No. 358 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the seizure of the circuit board of a gambling device or |
|---|
| 6 | 6 | | equipment, altered gambling equipment, or gambling paraphernalia. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Chapter 18, Code of Criminal Procedure, is |
|---|
| 9 | 9 | | amended by adding Article 18.095 to read as follows: |
|---|
| 10 | 10 | | Art. 18.095. SEIZURE OF CIRCUIT BOARD OF GAMBLING DEVICE, |
|---|
| 11 | 11 | | EQUIPMENT, OR PARAPHERNALIA. For purposes of this chapter, an |
|---|
| 12 | 12 | | officer directed under a search warrant to search for and seize a |
|---|
| 13 | 13 | | gambling device or equipment, altered gambling equipment, or |
|---|
| 14 | 14 | | gambling paraphernalia in the discretion of the officer may: |
|---|
| 15 | 15 | | (1) seize only the programmable main circuit board of |
|---|
| 16 | 16 | | the device, equipment, or paraphernalia if that circuit board is |
|---|
| 17 | 17 | | designed as a subassembly or essential part of the device, |
|---|
| 18 | 18 | | equipment, or paraphernalia to provide the information necessary |
|---|
| 19 | 19 | | for the device, equipment, or paraphernalia to operate as a |
|---|
| 20 | 20 | | gambling device or equipment, altered gambling equipment, or |
|---|
| 21 | 21 | | gambling paraphernalia; |
|---|
| 22 | 22 | | (2) carry the circuit board before the magistrate; and |
|---|
| 23 | 23 | | (3) retain custody of the circuit board as the |
|---|
| 24 | 24 | | property seized pursuant to the warrant as required under this |
|---|
| 25 | 25 | | chapter. |
|---|
| 26 | 26 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|
| 27 | 27 | | ______________________________ ______________________________ |
|---|
| 28 | 28 | | President of the Senate Speaker of the House |
|---|
| 29 | 29 | | I certify that H.B. No. 358 was passed by the House on May 15, |
|---|
| 30 | 30 | | 2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
|---|
| 31 | 31 | | voting; and that the House concurred in Senate amendments to H.B. |
|---|
| 32 | 32 | | No. 358 on May 29, 2009, by the following vote: Yeas 144, Nays 0, 1 |
|---|
| 33 | 33 | | present, not voting. |
|---|
| 34 | 34 | | ______________________________ |
|---|
| 35 | 35 | | Chief Clerk of the House |
|---|
| 36 | 36 | | I certify that H.B. No. 358 was passed by the Senate, with |
|---|
| 37 | 37 | | amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|---|
| 38 | 38 | | 0. |
|---|
| 39 | 39 | | ______________________________ |
|---|
| 40 | 40 | | Secretary of the Senate |
|---|
| 41 | 41 | | APPROVED: __________________ |
|---|
| 42 | 42 | | Date |
|---|
| 43 | 43 | | __________________ |
|---|
| 44 | 44 | | Governor |
|---|