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