Texas 2023 - 88th Regular

Texas House Bill HB3649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13489 TYPED
2	2	By: Guillen H.B. No. 3649
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the definitions of the criminal offenses of gambling,
8	8	the prosecution of the criminal offenses of gambling, gambling
9	9	promotion, and keeping a gambling place.
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 adding
12	12	Subdivision (2-a) and amending Subdivision (8) to read as follows:
13	13	(2-a) "Economic benefit" means direct winnings from a game
14	14	of skill or luck. The term does not include a benefit received
15	15	before a game commences or after payment of the direct winnings from
16	16	the game.
17	17	(8) "Private place" means a place to which the public does
18	18	not have access without a valid membership, special invitation, or
19	19	prior grant of permission[,] and excludes, among other places,
20	20	streets, highways, restaurants, taverns, nightclubs, schools,
21	21	hospitals, and the common areas of apartment houses, hotels,
22	22	motels, office buildings, transportation facilities, and shops.
23	23	SECTION 2. Section 47.02(b), Penal Code, is amended to read
24	24	as follows:
25	25	(b) It is an exception to the application of [a defense to
26	26	prosecution under] this section that:
27	27	(1) the actor engaged in gambling in a private place;
28	28	(2) no person received any economic benefit other than
29	29	personal winnings; and
30	30	(3) except for the advantage of skill or luck, the
31	31	risks of losing and the chances of winning were the same for all
32	32	participants.
33	33	SECTION 3. Section 47.03, Penal Code, is amended by adding
34	34	Subsections (a-1) and (a-2) to read as follows:
35	35	(a-1) It is an exception to the application of Subsection
36	36	(a)(1) that:
37	37	(1) the gambling place was located in a private place;
38	38	(2) the gambling place did not provide any economic
39	39	benefit other than personal winnings to any person; and
40	40	(3) except for the advantage of skill or luck, the
41	41	risks of losing and the chances of winning at the gambling place
42	42	were the same for all participants.
43	43	(a-2) It is an exception to the application of Subsection
44	44	(a)(3) that:
45	45	(1) the thing of value was bet or offered in a private
46	46	place;
47	47	(2) the thing of value bet or offered did not provide
48	48	any economic benefit other than personal winnings to any person;
49	49	and
50	50	(3) except for the advantage of skill or luck, the
51	51	risks of losing and the chances of winning the thing of value bet or
52	52	offered were the same for all participants.
53	53	SECTION 4. Section 47.04(b), Penal Code, is amended to read
54	54	as follows:
55	55	(b) It is an exception to the application of [affirmative
56	56	defense to prosecution under] this section that:
57	57	(1) the gambling occurred in a private place;
58	58	(2) no person received any economic benefit other than
59	59	personal winnings; and
60	60	(3) except for the advantage of skill or luck, the
61	61	risks of losing and the chances of winning were the same for all
62	62	participants.
63	63	SECTION 5. The change in law made by this Act applies only
64	64	to an offense committed on or after the effective date of this Act.
65	65	An offense committed before the effective date of this Act is
66	66	governed by the law in effect on the date the offense was committed,
67	67	and the former law is continued in effect for that purpose. For
68	68	purposes of this section, an offense was committed before the
69	69	effective date of this Act if any element of the offense occurred
70	70	before that date.
71	71	SECTION 6. This Act takes effect immediately if it
72	72	receives a vote of two-thirds of all the members elected to each
73	73	house, as provided by Section 39, Article III, Texas Constitution.
74	74	If this Act does not receive the vote necessary for immediate
75	75	effect, this Act takes effect September 1, 2023.