88R3364 BEE-F
By: Wu H.B. No. 732
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offenses of gambling,
keeping a gambling place, and possession of a gambling device,
equipment, or paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.01(8), Penal Code, is amended to read
as follows:
(8) "Private residence [place]" means a dwelling
[place] to which the public does not have access, and excludes,
among other places, streets, highways, restaurants, taverns,
nightclubs, schools, hospitals, and the common areas of apartment
houses, hotels, motels, office buildings, transportation
facilities, and shops.
SECTION 2. Section 47.02(b), Penal Code, is amended to read
as follows:
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private
residence [place];
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
SECTION 3. Section 47.04(b), Penal Code, is amended to read
as follows:
(b) It is an affirmative defense to prosecution under this
section that:
(1) the gambling occurred in a private residence
[place];
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
SECTION 4. Section 47.06(d), Penal Code, is amended to read
as follows:
(d) It is a defense to prosecution under Subsections (a) and
(c) that:
(1) the device, equipment, or paraphernalia is used
for or is intended for use in gambling that is to occur entirely in a
private residence [place];
(2) a person involved in the gambling does not receive
any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the
chance of winning is the same for all participants.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2023.