H.B. No. 358
AN ACT
relating to the seizure of the circuit board of a gambling device or
equipment, altered gambling equipment, or gambling paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.095 to read as follows:
Art. 18.095. SEIZURE OF CIRCUIT BOARD OF GAMBLING DEVICE,
EQUIPMENT, OR PARAPHERNALIA. For purposes of this chapter, an
officer directed under a search warrant to search for and seize a
gambling device or equipment, altered gambling equipment, or
gambling paraphernalia in the discretion of the officer may:
(1) seize only the programmable main circuit board of
the device, equipment, or paraphernalia if that circuit board is
designed as a subassembly or essential part of the device,
equipment, or paraphernalia to provide the information necessary
for the device, equipment, or paraphernalia to operate as a
gambling device or equipment, altered gambling equipment, or
gambling paraphernalia;
(2) carry the circuit board before the magistrate; and
(3) retain custody of the circuit board as the
property seized pursuant to the warrant as required under this
chapter.
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 358 was passed by the House on May 15,
2009, by the following vote: Yeas 138, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 358 on May 29, 2009, by the following vote: Yeas 144, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 358 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor