86R2091 BEE-D
By: Middleton H.B. No. 1775
A BILL TO BE ENTITLED
AN ACT
relating to the elements of certain criminal offenses applicable to
gambling devices, including eight-liners, and defenses to
prosecution for those criminal offenses.
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) an eight-liner; and
(B) 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 or similar games [facsimiles thereof], that:
(i) operates solely or partially [operate]
by chance;
(ii) [or partially so, that] as a result of
the play or use [operation] of the game, awards [award] credits or
free games; [,] and
(iii) 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) "Eight-liner" means an electronic device capable
of simulating the play of a traditional mechanical slot machine, or
one-armed bandit, regardless of the number of lines of play, that
for consideration affords a player of the device an opportunity to
win a prize based solely or partially on chance.
SECTION 2. Chapter 47, Penal Code, is amended by adding
Section 47.091 to read as follows:
Sec. 47.091. DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
It is a defense to prosecution under Section 47.02 that the conduct
consists entirely of use of a gambling device in which:
(1) skill is the predominate requirement for the user
to win or be awarded a thing of value; and
(2) the 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)(2):
(1) noncash merchandise or a representation of value
redeemable for noncash merchandise that may be won or awarded for a
single play of game or activity on the device may not have a
wholesale value of more than 10 times the amount charged for a
single play or $5, whichever is less; 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 a defense to prosecution under Section 47.02 that
the conduct consists entirely of use of a gambling device in which
the user of a device may win or be awarded only the opportunity to
continue playing the game or conducting an activity on the device
and the opportunity is not exchangeable for another thing of value.
(d) It is a 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 gambling
devices used exclusively for conduct for which Subsection (a) or
(c) provides a defense to a person using the device including
manufacturing, transporting, storing, or repairing such a device.
(e) In this section, "noncash merchandise" does not
include:
(1) a check, money order, or cashier's check;
(2) a traveler's check; or
(3) any other item of cash equivalence.
SECTION 3. The following provisions are repealed:
(1) Subchapter E, Chapter 234, Local Government Code;
and
(2) Section 47.02(e), Penal Code.
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, 2019.