Texas 2019 - 86th Regular

Texas House Bill HB1775 Compare Versions

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

Old	New	Differences
1	1	86R2091 BEE-D
2	2	By: Middleton H.B. No. 1775
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elements of certain criminal offenses applicable to
8	8	gambling devices, including eight-liners, and defenses to
9	9	prosecution for those criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 47.01, Penal Code, is amended by
12	12	amending Subdivisions (4) and (9) and adding Subdivisions (10) and
13	13	(11) to read as follows:
14	14	(4) "Gambling device" means any device [electronic,
15	15	electromechanical, or mechanical contrivance not excluded under
16	16	Paragraph (B)] that for [a] consideration affords the player or
17	17	user of the device an opportunity to obtain any thing [anything] of
18	18	value, the award of which is determined solely or partially by
19	19	chance, even though accompanied by some skill[, whether or not the
20	20	prize is automatically paid by the contrivance]. The term[:
21	21	[(A)] includes, but is not limited to:
22	22	(A) an eight-liner; and
23	23	(B) a[,] gambling device version [versions] of
24	24	bingo, keno, blackjack, lottery, roulette, video poker, or similar
25	25	electronic, electromechanical, or mechanical games, or a facsimile
26	26	of any of those or similar games [facsimiles thereof], that:
27	27	(i) operates solely or partially [operate]
28	28	by chance;
29	29	(ii) [or partially so, that] as a result of
30	30	the play or use [operation] of the game, awards [award] credits or
31	31	free games; [,] and
32	32	(iii) records [that record] the number of
33	33	free games or credits [so] awarded and the cancellation or removal
34	34	of the free games or credits[; and
35	35	[(B) does not include any electronic,
36	36	electromechanical, or mechanical contrivance designed, made, and
37	37	adapted solely for bona fide amusement purposes if the contrivance
38	38	rewards the player exclusively with noncash merchandise prizes,
39	39	toys, or novelties, or a representation of value redeemable for
40	40	those items, that have a wholesale value available from a single
41	41	play of the game or device of not more than 10 times the amount
42	42	charged to play the game or device once or $5, whichever is less].
43	43	(9) "Thing of value" means any property, money, right,
44	44	privilege, or other benefit, including a representation of value
45	45	redeemable for any property, money, right, privilege, or other
46	46	benefit [but does not include an unrecorded and immediate right of
47	47	replay not exchangeable for value].
48	48	(10) "Device" includes all or part of an electronic,
49	49	electromechanical, or mechanical contrivance, machine, or
50	50	apparatus.
51	51	(11) "Eight-liner" means an electronic device capable
52	52	of simulating the play of a traditional mechanical slot machine, or
53	53	one-armed bandit, regardless of the number of lines of play, that
54	54	for consideration affords a player of the device an opportunity to
55	55	win a prize based solely or partially on chance.
56	56	SECTION 2. Chapter 47, Penal Code, is amended by adding
57	57	Section 47.091 to read as follows:
58	58	Sec. 47.091. DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
59	59	It is a defense to prosecution under Section 47.02 that the conduct
60	60	consists entirely of use of a gambling device in which:
61	61	(1) skill is the predominate requirement for the user
62	62	to win or be awarded a thing of value; and
63	63	(2) the user may not win or be awarded a thing of value
64	64	for playing or using the device other than:
65	65	(A) noncash merchandise available only on the
66	66	premises where the device is located; or
67	67	(B) a ticket, coupon, or other representation of
68	68	value redeemable only on the premises where the device is located
69	69	for noncash merchandise.
70	70	(b) For purposes of Subsection (a)(2):
71	71	(1) noncash merchandise or a representation of value
72	72	redeemable for noncash merchandise that may be won or awarded for a
73	73	single play of game or activity on the device may not have a
74	74	wholesale value of more than 10 times the amount charged for a
75	75	single play or $5, whichever is less; and
76	76	(2) an item of noncash merchandise that may be won or
77	77	awarded for playing or using the device or for which a person may
78	78	redeem one or more tickets, coupons, or other representations of
79	79	value won or awarded for playing or using the device may not have a
80	80	wholesale value of more than $50.
81	81	(c) It is a defense to prosecution under Section 47.02 that
82	82	the conduct consists entirely of use of a gambling device in which
83	83	the user of a device may win or be awarded only the opportunity to
84	84	continue playing the game or conducting an activity on the device
85	85	and the opportunity is not exchangeable for another thing of value.
86	86	(d) It is a defense to prosecution under Section 47.03,
87	87	47.04, or 47.06 that the conduct consists of or is a necessary
88	88	incident to offering, using, or maintaining one or more gambling
89	89	devices used exclusively for conduct for which Subsection (a) or
90	90	(c) provides a defense to a person using the device including
91	91	manufacturing, transporting, storing, or repairing such a device.
92	92	(e) In this section, "noncash merchandise" does not
93	93	include:
94	94	(1) a check, money order, or cashier's check;
95	95	(2) a traveler's check; or
96	96	(3) any other item of cash equivalence.
97	97	SECTION 3. The following provisions are repealed:
98	98	(1) Subchapter E, Chapter 234, Local Government Code;
99	99	and
100	100	(2) Section 47.02(e), Penal Code.
101	101	SECTION 4. (a) The change in law made by this Act applies
102	102	only to an offense committed on or after the effective date of this
103	103	Act. For purposes of this section, an offense is committed before
104	104	the effective date of this Act if any element of the offense occurs
105	105	before that date.
106	106	(b) An offense committed before the effective date of this
107	107	Act is covered by the law in effect when the offense was committed,
108	108	and the former law is continued in effect for that purpose.
109	109	SECTION 5. This Act takes effect September 1, 2019.