| 1 | 1 | | 81R2972 PMO-D |
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| 2 | 2 | | By: Carona S.B. No. 422 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to criminal offenses applicable to gambling and gambling |
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| 8 | 8 | | devices. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 47.01(4), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (4) "Gambling device" means any electronic, |
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| 13 | 13 | | electromechanical, or mechanical device [contrivance] not excluded |
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| 14 | 14 | | under Paragraph (B) that for [a] consideration affords the player |
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| 15 | 15 | | or user an opportunity to obtain anything of value, regardless of |
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| 16 | 16 | | the number of plays or operations of the device, the award of which |
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| 17 | 17 | | is determined solely or partially by chance, even though |
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| 18 | 18 | | accompanied by some skill[, whether or not the prize is |
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| 19 | 19 | | automatically paid by the contrivance]. The term: |
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| 20 | 20 | | (A) includes[, but is not limited to,] gambling |
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| 21 | 21 | | device versions of bingo, keno, blackjack, lottery, roulette, video |
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| 22 | 22 | | poker, or similar electronic, electromechanical, or mechanical |
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| 23 | 23 | | games, or facsimiles of those games [thereof], that: |
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| 24 | 24 | | (i) operate solely or partially by chance; |
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| 25 | 25 | | (ii) regardless of the number of plays or |
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| 26 | 26 | | operations [or partially so, that as a result of the play or |
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| 27 | 27 | | operation] of the game or device, may result in the award of credits |
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| 28 | 28 | | or free games for the play or operation; [,] and |
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| 29 | 29 | | (iii) [that] record the number of free |
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| 30 | 30 | | games or credits [so] awarded and the cancellation or removal of the |
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| 31 | 31 | | free games or credits; and |
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| 32 | 32 | | (B) does not include any electronic, |
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| 33 | 33 | | electromechanical, or mechanical device [contrivance] designed, |
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| 34 | 34 | | made, and adapted solely for bona fide amusement purposes if, |
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| 35 | 35 | | regardless of the number of games played or credits awarded, the |
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| 36 | 36 | | device [contrivance] rewards the player exclusively with noncash |
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| 37 | 37 | | merchandise prizes, toys, or novelties, or a representation of |
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| 38 | 38 | | value redeemable for those items, that have a wholesale value |
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| 39 | 39 | | [available from a single play of the game or device] of not more |
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| 40 | 40 | | than 10 times the amount charged to play the game or device once or |
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| 41 | 41 | | $5, whichever is less. |
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| 42 | 42 | | SECTION 2. (a) The change in law made by this Act applies |
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| 43 | 43 | | only to an offense committed on or after the effective date of this |
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| 44 | 44 | | Act. For purposes of this section, an offense is committed before |
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| 45 | 45 | | the effective date of this Act if any element of the offense occurs |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | (b) An offense committed before the effective date of this |
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| 48 | 48 | | Act is covered by the law in effect when the offense was committed |
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| 49 | 49 | | or the action taken, and the former law is continued in effect for |
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| 50 | 50 | | that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2009. |
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