Texas 2009 - 81st Regular

Texas Senate Bill SB311

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the criminal offenses applicable to gambling and gambling devices.

Impact

The new legislation will particularly affect establishments that operate amusement devices, as they now need to adhere to stricter definitions that separate permissible amusement activities from illegal gambling operations. Under this bill, it becomes an affirmative defense against prosecution related to gambling activities if the device in question is classified as a bona fide amusement device, provided it meets certain criteria, such as the nature of prizes awarded being limited to noncash merchandise.

Summary

Senate Bill 311 aims to amend the Penal Code in Texas regarding gambling and gambling devices. It introduces new definitions and regulations concerning what constitutes a 'gambling device' and a 'bona fide amusement device.' The bill clarifies that any device that provides a chance to win something of value through skill or chance will now fall under the category of gambling devices. Such a redefinition may significantly impact how many amusement games are categorized and controlled under Texas law.

Conclusion

SB311 is expected to reshape the regulatory landscape of gambling and amusement devices in Texas. By introducing firm definitions and regulatory frameworks, the bill looks to clarify the legal standing of devices that could be construed as gambling devices while providing a pathway for legitimate amusement businesses to operate without facing criminal liability, provided they comply with the outlined conditions.

Contention

Notable points of contention surrounding SB311 include the implications for local businesses relying on amusement devices that may previously not have been deemed gambling devices. Opponents might raise concerns that the stricter definitions could lead to greater scrutiny of their operations, potentially resulting in increased regulation or even closure of some businesses that cannot comply with the new standards. The balance between regulating gambling for public welfare and allowing businesses to operate freely is likely to be a contentious topic.

Companion Bills

TX HB73

Identical Relating to the criminal offenses applicable to gambling and gambling devices.

Previously Filed As

TX HB1719

Relating to local option elections to legalize or prohibit the operation of eight-liners; imposing fees and issuing fee permits; creating criminal offenses; increasing criminal penalties.

TX HB2142

Relating to definitions for purposes of gambling criminal offenses.

TX HB3649

Relating to the definitions of the criminal offenses of gambling, the prosecution of the criminal offenses of gambling, gambling promotion, and keeping a gambling place.

TX SB1680

Relating to the definitions of the criminal offenses of gambling, the prosecution of the criminal offenses of gambling, gambling promotion, and keeping a gambling place.

TX HB904

Relating to definitions for purposes of gambling criminal offenses.

TX HB2345

Relating to definitions for purposes of gambling criminal offenses and the prosecution of the criminal offenses of gambling, gambling promotion, and keeping a gambling place.

TX HB1601

Relating to defenses to prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment, or paraphernalia and county regulation of poker clubs; providing civil penalties; authorizing an occupational license; authorizing a fee; creating a criminal offense.

TX SB2100

Relating to defenses to prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment, or paraphernalia and county regulation of poker clubs; providing civil penalties; authorizing an occupational license; authorizing a fee; creating a criminal offense.

TX HB2843

Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.

TX HB732

Relating to the prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment, or paraphernalia.

Similar Bills

No similar bills found.