Texas 2017 - 85th Regular

Texas Senate Bill SB106 Compare Versions

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

Old	New	Differences
1	1	85R1967 DMS-D
2	2	By: Hall S.B. No. 106
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal offenses applicable to gambling devices,
8	8	including eight-liners.
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:
21	21	(A) an eight-liner; and
22	22	(B) a[,] gambling device version [versions] of
23	23	bingo, keno, blackjack, lottery, roulette, video poker, or similar
24	24	electronic, electromechanical, or mechanical games, or a facsimile
25	25	of any of those or similar games [facsimiles thereof], that:
26	26	(i) operates solely or partially [operate]
27	27	by chance;
28	28	(ii) [or partially so, that] as a result of
29	29	the play or use [operation] of the game, awards [award] credits or
30	30	free games; [,] and
31	31	(iii) records [that record] the number of
32	32	free games or credits [so] awarded and the cancellation or removal
33	33	of the free games or credits[; and
34	34	[(B) does not include any electronic,
35	35	electromechanical, or mechanical contrivance designed, made, and
36	36	adapted solely for bona fide amusement purposes if the contrivance
37	37	rewards the player exclusively with noncash merchandise prizes,
38	38	toys, or novelties, or a representation of value redeemable for
39	39	those items, that have a wholesale value available from a single
40	40	play of the game or device of not more than 10 times the amount
41	41	charged to play the game or device once or $5, whichever is less].
42	42	(9) "Thing of value" means any property, money, right,
43	43	privilege, or other benefit, including a representation of value
44	44	redeemable for any property, money, right, privilege, or other
45	45	benefit [but does not include an unrecorded and immediate right of
46	46	replay not exchangeable for value].
47	47	(10) "Device" includes all or part of an electronic,
48	48	electromechanical, or mechanical contrivance, machine, or
49	49	apparatus.
50	50	(11) "Eight-liner" means an electronic device capable
51	51	of simulating the play of a traditional mechanical slot machine, or
52	52	one-armed bandit, regardless of the number of lines of play, that
53	53	for consideration affords a player of the device an opportunity to
54	54	win a prize based solely or partially on chance.
55	55	SECTION 2. Chapter 47, Penal Code, is amended by adding
56	56	Section 47.091 to read as follows:
57	57	Sec. 47.091. DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
58	58	It is a defense to prosecution under Section 47.02 that the conduct
59	59	consists entirely of use of a gambling device in which:
60	60	(1) skill is the predominate requirement for the user
61	61	to win or be awarded a thing of value; and
62	62	(2) the user may not win or be awarded a thing of value
63	63	for playing or using the device other than:
64	64	(A) noncash merchandise available only on the
65	65	premises where the device is located; or
66	66	(B) a ticket, coupon, or other representation of
67	67	value redeemable only on the premises where the device is located
68	68	for noncash merchandise.
69	69	(b) For purposes of Subsection (a)(2):
70	70	(1) noncash merchandise or a representation of value
71	71	redeemable for noncash merchandise that may be won or awarded for a
72	72	single play of game or activity on the device may not have a
73	73	wholesale value of more than 10 times the amount charged for a
74	74	single play or $5, whichever is less; and
75	75	(2) an item of noncash merchandise that may be won or
76	76	awarded for playing or using the device or for which a person may
77	77	redeem one or more tickets, coupons, or other representations of
78	78	value won or awarded for playing or using the device may not have a
79	79	wholesale value of more than $50.
80	80	(c) It is a defense to prosecution under Section 47.02 that
81	81	the conduct consists entirely of use of a gambling device in which
82	82	the user of a device may win or be awarded only the opportunity to
83	83	continue playing the game or conducting an activity on the device
84	84	and the opportunity is not exchangeable for another thing of value.
85	85	(d) It is a defense to prosecution under Section 47.03,
86	86	47.04, or 47.06 that the conduct consists of or is a necessary
87	87	incident to offering, using, or maintaining one or more gambling
88	88	devices used exclusively for conduct for which Subsection (a) or
89	89	(c) provides a defense to a person using the device including
90	90	manufacturing, transporting, storing, or repairing such a device.
91	91	(e) In this section, "noncash merchandise" does not
92	92	include:
93	93	(1) a check, money order, or cashier's check;
94	94	(2) a traveler's check; or
95	95	(3) any other item of cash equivalence.
96	96	SECTION 3. The following provisions are repealed:
97	97	(1) Subchapter E, Chapter 234, Local Government Code;
98	98	and
99	99	(2) Section 47.02(e), Penal Code.
100	100	SECTION 4. (a) The change in law made by this Act applies
101	101	only to an offense committed on or after the effective date of this
102	102	Act. For purposes of this section, an offense is committed before
103	103	the effective date of this Act if any element of the offense occurs
104	104	before that date.
105	105	(b) An offense committed before the effective date of this
106	106	Act is covered by the law in effect when the offense was committed,
107	107	and the former law is continued in effect for that purpose.
108	108	SECTION 5. This Act takes effect September 1, 2017.