82R1457 KYF-F
By: Flynn H.B. No. 82
A BILL TO BE ENTITLED
AN ACT
relating to the criminal offenses applicable to gambling and
gambling devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.01, Penal Code, is amended by
amending Subdivisions (4) and (9) and adding Subdivisions (10) and
(11) to read as follows:
(4) "Gambling device" means any device [electronic,
electromechanical, or mechanical contrivance not excluded under
Paragraph (B)] that for [a] consideration affords the player or
user of the device an opportunity to obtain any thing [anything] of
value, 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, a gambling
device version [versions] of bingo, keno, blackjack, lottery,
roulette, video poker, or similar electronic, electromechanical,
or mechanical games, or a facsimile of any of those games
[facsimiles thereof], that:
(A) operates solely or partially [operate] by
chance;
(B) [or partially so, that] as a result of the
play or use [operation] of the game, awards [award] credits or free
games; [,] and
(C) records [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 contrivance designed, made, and
adapted solely for bona fide amusement purposes if the 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].
(9) "Thing of value" means any property, money, right,
privilege, or other benefit, including a representation of value
redeemable for any property, money, right, privilege, or other
benefit [but does not include an unrecorded and immediate right of
replay not exchangeable for value].
(10) "Device" includes all or part of an electronic,
electromechanical, or mechanical contrivance, machine, or
apparatus.
(11) "Bona fide amusement device" means a device on
which an amusement game or other activity can be played or conducted
for consideration and for which skill is the predominating
requirement for a player or user of the device to win or be awarded a
thing of value. The term does not include an electronic,
electromechanical, or mechanical version of bingo, keno,
blackjack, lottery, roulette, video poker, or similar game, or a
facsimile of any of those games, that operates wholly or partially
by chance.
SECTION 2. Chapter 47, Penal Code, is amended by adding
Section 47.091 to read as follows:
Sec. 47.091. DEFENSES FOR BONA FIDE AMUSEMENT DEVICE. (a)
It is an affirmative defense to prosecution under Section 47.02
that:
(1) the conduct consists entirely of the play or use of
a bona fide amusement device; and
(2) the player or user may not win or be awarded a
thing of value for playing or using the device other than:
(A) noncash merchandise available only on the
premises where the device is located; or
(B) a ticket, coupon, or other representation of
value redeemable only on the premises where the device is located
for noncash merchandise.
(b) For purposes of Subsection (a):
(1) the noncash merchandise or representation of value
redeemable for noncash merchandise that may be won or awarded for a
single play of a game or use of the device may not have a wholesale
value of more than the lesser of:
(A) 10 times the amount charged for the single
play or use; or
(B) $5; and
(2) an item of noncash merchandise that may be won or
awarded for playing or using the device or for which a person may
redeem one or more tickets, coupons, or other representations of
value won or awarded for playing or using the device may not have a
wholesale value of more than $50.
(c) It is an affirmative defense to prosecution under
Section 47.03, 47.04, or 47.06 that the conduct consists of or is a
necessary incident to offering, using, or maintaining one or more
bona fide amusement devices used exclusively for conduct for which
Subsection (a) provides an affirmative defense to a person playing
or using the device, including the manufacturing, transporting,
storing, or repairing of the device.
SECTION 3. Section 47.02(e), Penal Code, is repealed.
SECTION 4. (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,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.