Texas 2009 - 81st Regular

Texas House Bill HB73 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R543 YDB-F
2	2	By: Flynn H.B. No. 73
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal offenses applicable to gambling and
8	8	gambling devices.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 47.01, Penal Code, is amended by
11	11	amending Subdivisions (4) and (9) and adding Subdivisions (10) and
12	12	(11) to read as follows:
13	13	(4) "Gambling device" means any device [electronic,
14	14	electromechanical, or mechanical contrivance not excluded under
15	15	Paragraph (B)] that for [a] consideration affords the player or
16	16	user of the device an opportunity to obtain any thing [anything] of
17	17	value, the award of which is determined solely or partially by
18	18	chance, even though accompanied by some skill[, whether or not the
19	19	prize is automatically paid by the contrivance]. The term[:
20	20	[(A)] includes, but is not limited to, a gambling
21	21	device version [versions] of bingo, keno, blackjack, lottery,
22	22	roulette, video poker, or similar electronic, electromechanical,
23	23	or mechanical games, or a facsimile of any of those games
24	24	[facsimiles thereof], that:
25	25	(A) operates solely or partially [operate] by
26	26	chance;
27	27	(B) [or partially so, that] as a result of the
28	28	play or use [operation] of the game, awards [award] credits or free
29	29	games; [,] and
30	30	(C) records [that record] the number of free
31	31	games or credits [so] awarded and the cancellation or removal of the
32	32	free games or credits[; and
33	33	[(B) does not include any electronic,
34	34	electromechanical, or mechanical contrivance designed, made, and
35	35	adapted solely for bona fide amusement purposes if the contrivance
36	36	rewards the player exclusively with noncash merchandise prizes,
37	37	toys, or novelties, or a representation of value redeemable for
38	38	those items, that have a wholesale value available from a single
39	39	play of the game or device of not more than 10 times the amount
40	40	charged to play the game or device once or $5, whichever is less].
41	41	(9) "Thing of value" means any property, money, right,
42	42	privilege, or other benefit, including a representation of value
43	43	redeemable for any property, money, right, privilege, or other
44	44	benefit [but does not include an unrecorded and immediate right of
45	45	replay not exchangeable for value].
46	46	(10) "Device" includes all or part of an electronic,
47	47	electromechanical, or mechanical contrivance, machine, or
48	48	apparatus.
49	49	(11) "Bona fide amusement device" means a device on
50	50	which an amusement game or other activity can be played or conducted
51	51	for consideration and for which skill is the predominating
52	52	requirement for a player or user of the device to win or be awarded a
53	53	thing of value. The term does not include an electronic,
54	54	electromechanical, or mechanical version of bingo, keno,
55	55	blackjack, lottery, roulette, video poker, or similar game, or a
56	56	facsimile of any of those games, that operates wholly or partially
57	57	by chance.
58	58	SECTION 2. Chapter 47, Penal Code, is amended by adding
59	59	Section 47.091 to read as follows:
60	60	Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
61	61	It is an affirmative defense to prosecution under Section 47.02
62	62	that:
63	63	(1) the conduct consists entirely of the play or use of
64	64	a bona fide amusement device; and
65	65	(2) the player or user may not win or be awarded a
66	66	thing of value for playing or using the device other than:
67	67	(A) noncash merchandise available only on the
68	68	premises where the device is located; or
69	69	(B) a ticket, coupon, or other representation of
70	70	value redeemable only on the premises where the device is located
71	71	for noncash merchandise.
72	72	(b) For purposes of Subsection (a):
73	73	(1) the noncash merchandise or representation of value
74	74	redeemable for noncash merchandise that may be won or awarded for a
75	75	single play of a game or use of the device may not have a wholesale
76	76	value of more than the lesser of:
77	77	(A) 10 times the amount charged for the single
78	78	play or use; or
79	79	(B) $5; and
80	80	(2) an item of noncash merchandise that may be won or
81	81	awarded for playing or using the device or for which a person may
82	82	redeem one or more tickets, coupons, or other representations of
83	83	value won or awarded for playing or using the device may not have a
84	84	wholesale value of more than $50.
85	85	(c) It is an affirmative defense to prosecution under
86	86	Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
87	87	necessary incident to offering, using, or maintaining one or more
88	88	bona fide amusement devices used exclusively for conduct for which
89	89	Subsection (a) provides an affirmative defense to a person playing
90	90	or using the device, including the manufacturing, transporting,
91	91	storing, or repairing of the device.
92	92	SECTION 3. Section 47.02(e), Penal Code, is repealed.
93	93	SECTION 4. (a) The change in law made by this Act applies
94	94	only to an offense committed on or after the effective date of this
95	95	Act. For purposes of this section, an offense is committed before
96	96	the effective date of this Act if any element of the offense occurs
97	97	before that date.
98	98	(b) An offense committed before the effective date of this
99	99	Act is covered by the law in effect when the offense was committed,
100	100	and the former law is continued in effect for that purpose.
101	101	SECTION 5. This Act takes effect September 1, 2009.