| 1 | 1 | | 88R3364 BEE-F |
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| 2 | 2 | | By: Wu H.B. No. 732 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offenses of gambling, |
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| 8 | 8 | | keeping a gambling place, and possession of a gambling device, |
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| 9 | 9 | | equipment, or paraphernalia. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 47.01(8), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (8) "Private residence [place]" means a dwelling |
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| 14 | 14 | | [place] to which the public does not have access, and excludes, |
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| 15 | 15 | | among other places, streets, highways, restaurants, taverns, |
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| 16 | 16 | | nightclubs, schools, hospitals, and the common areas of apartment |
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| 17 | 17 | | houses, hotels, motels, office buildings, transportation |
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| 18 | 18 | | facilities, and shops. |
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| 19 | 19 | | SECTION 2. Section 47.02(b), Penal Code, is amended to read |
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| 20 | 20 | | as follows: |
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| 21 | 21 | | (b) It is a defense to prosecution under this section that: |
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| 22 | 22 | | (1) the actor engaged in gambling in a private |
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| 23 | 23 | | residence [place]; |
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| 24 | 24 | | (2) no person received any economic benefit other than |
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| 25 | 25 | | personal winnings; and |
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| 26 | 26 | | (3) except for the advantage of skill or luck, the |
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| 27 | 27 | | risks of losing and the chances of winning were the same for all |
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| 28 | 28 | | participants. |
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| 29 | 29 | | SECTION 3. Section 47.04(b), Penal Code, is amended to read |
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| 30 | 30 | | as follows: |
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| 31 | 31 | | (b) It is an affirmative defense to prosecution under this |
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| 32 | 32 | | section that: |
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| 33 | 33 | | (1) the gambling occurred in a private residence |
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| 34 | 34 | | [place]; |
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| 35 | 35 | | (2) no person received any economic benefit other than |
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| 36 | 36 | | personal winnings; and |
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| 37 | 37 | | (3) except for the advantage of skill or luck, the |
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| 38 | 38 | | risks of losing and the chances of winning were the same for all |
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| 39 | 39 | | participants. |
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| 40 | 40 | | SECTION 4. Section 47.06(d), Penal Code, is amended to read |
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| 41 | 41 | | as follows: |
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| 42 | 42 | | (d) It is a defense to prosecution under Subsections (a) and |
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| 43 | 43 | | (c) that: |
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| 44 | 44 | | (1) the device, equipment, or paraphernalia is used |
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| 45 | 45 | | for or is intended for use in gambling that is to occur entirely in a |
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| 46 | 46 | | private residence [place]; |
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| 47 | 47 | | (2) a person involved in the gambling does not receive |
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| 48 | 48 | | any economic benefit other than personal winnings; and |
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| 49 | 49 | | (3) except for the advantage of skill or luck, the |
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| 50 | 50 | | chance of winning is the same for all participants. |
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| 51 | 51 | | SECTION 5. The changes in law made by this Act apply only to |
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| 52 | 52 | | an offense committed on or after the effective date of this Act. An |
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| 53 | 53 | | offense committed before the effective date of this Act is governed |
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| 54 | 54 | | by the law in effect on the date the offense was committed, and the |
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| 55 | 55 | | former law is continued in effect for that purpose. For purposes of |
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| 56 | 56 | | this section, an offense was committed before the effective date of |
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| 57 | 57 | | this Act if any element of the offense occurred before that date. |
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| 58 | 58 | | SECTION 6. This Act takes effect September 1, 2023. |
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