| 1 | 1 | | 88R3716 ADM-F |
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| 2 | 2 | | By: Moody H.B. No. 904 |
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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 definitions for purposes of gambling criminal offenses. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 47.01, Penal Code, is amended by |
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| 10 | 10 | | amending Subdivision (1) and adding Subdivision (2-a) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (1) "Bet" means an agreement to win or lose something |
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| 13 | 13 | | of value solely or partially by chance. A bet does not include: |
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| 14 | 14 | | (A) contracts of indemnity or guaranty, or life, |
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| 15 | 15 | | health, property, or accident insurance; |
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| 16 | 16 | | (B) an offer of a prize, award, or compensation |
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| 17 | 17 | | to the actual contestants or participants in a bona fide contest for |
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| 18 | 18 | | the determination of skill, speed, strength, or endurance or to the |
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| 19 | 19 | | owners of animals, vehicles, watercraft, or aircraft entered in a |
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| 20 | 20 | | contest; [or] |
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| 21 | 21 | | (C) an offer of merchandise, with a value not |
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| 22 | 22 | | greater than $25, made by the proprietor of a bona fide carnival |
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| 23 | 23 | | contest conducted at a carnival sponsored by a nonprofit religious, |
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| 24 | 24 | | fraternal, school, law enforcement, youth, agricultural, or civic |
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| 25 | 25 | | group, including any nonprofit agricultural or civic group |
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| 26 | 26 | | incorporated by the state before 1955, if the person to receive the |
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| 27 | 27 | | merchandise from the proprietor is the person who performs the |
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| 28 | 28 | | carnival contest; or |
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| 29 | 29 | | (D) an offer of a prize, award, or compensation |
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| 30 | 30 | | to the participants in a fantasy or simulated game or contest. |
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| 31 | 31 | | (2-a) "Fantasy or simulated game or contest" means a |
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| 32 | 32 | | bona fide contest, reflecting the knowledge and skill of the |
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| 33 | 33 | | participants, in which: |
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| 34 | 34 | | (A) participants assemble fictional sports teams |
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| 35 | 35 | | composed of actual professional or amateur athletes that compete |
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| 36 | 36 | | against the other assembled teams for a prize, award, or |
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| 37 | 37 | | compensation; |
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| 38 | 38 | | (B) the value of any prize, award, or |
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| 39 | 39 | | compensation is established before the game or contest begins; |
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| 40 | 40 | | (C) the outcome of the game or contest is |
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| 41 | 41 | | determined by the accumulated statistical performances of the |
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| 42 | 42 | | individual athletes on a participant's assembled team; and |
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| 43 | 43 | | (D) the outcome of the game or contest is not |
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| 44 | 44 | | based solely on the score, point spread, or performance of a single |
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| 45 | 45 | | professional or amateur team or athlete. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For |
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| 51 | 51 | | purposes of this section, an offense was committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense occurred |
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| 53 | 53 | | before that date. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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