BILL ANALYSIS H.B. 2996 By: Guillen Licensing & Administrative Procedures Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that under current law there is ambiguity regarding what constitutes an "economic benefit" in gambling situations and regarding the defenses to prosecution for gambling in private places. The bill author has also informed the committee that this ambiguity can create enforcement challenges and legal uncertainty for individuals engaging in private, noncommercial gambling. H.B. 2996 seeks to resolve this ambiguity by defining "economic benefit" for purposes of gambling offenses and by revising provisions relating to applicable defenses for keeping a gambling place. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2996 amends the Penal Code to establish that the following conditions constituting an affirmative defense to prosecution for the offense of keeping a gambling place under current law instead constitute a defense to prosecution for that offense: the gambling occurred in a private place; no person received any economic benefit other than personal winnings; and except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants. H.B. 2996 defines "economic benefit" for purposes of gambling offenses as direct winnings from a game of skill or luck and excludes from the term a benefit received before a game commences or after payment of the direct winnings from the game. The bill revises the definition of "private place" for purposes of gambling offenses by specifying that a private place is a place to which the public does not have access without a valid membership, special invitation, or prior grant of permission. H.B. 2996 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2996
By: Guillen
Licensing & Administrative Procedures
Committee Report (Unamended)
H.B. 2996
By: Guillen
Licensing & Administrative Procedures
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that under current law there is ambiguity regarding what constitutes an "economic benefit" in gambling situations and regarding the defenses to prosecution for gambling in private places. The bill author has also informed the committee that this ambiguity can create enforcement challenges and legal uncertainty for individuals engaging in private, noncommercial gambling. H.B. 2996 seeks to resolve this ambiguity by defining "economic benefit" for purposes of gambling offenses and by revising provisions relating to applicable defenses for keeping a gambling place.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2996 amends the Penal Code to establish that the following conditions constituting an affirmative defense to prosecution for the offense of keeping a gambling place under current law instead constitute a defense to prosecution for that offense: the gambling occurred in a private place; no person received any economic benefit other than personal winnings; and except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants. H.B. 2996 defines "economic benefit" for purposes of gambling offenses as direct winnings from a game of skill or luck and excludes from the term a benefit received before a game commences or after payment of the direct winnings from the game. The bill revises the definition of "private place" for purposes of gambling offenses by specifying that a private place is a place to which the public does not have access without a valid membership, special invitation, or prior grant of permission. H.B. 2996 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that under current law there is ambiguity regarding what constitutes an "economic benefit" in gambling situations and regarding the defenses to prosecution for gambling in private places. The bill author has also informed the committee that this ambiguity can create enforcement challenges and legal uncertainty for individuals engaging in private, noncommercial gambling. H.B. 2996 seeks to resolve this ambiguity by defining "economic benefit" for purposes of gambling offenses and by revising provisions relating to applicable defenses for keeping a gambling place.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2996 amends the Penal Code to establish that the following conditions constituting an affirmative defense to prosecution for the offense of keeping a gambling place under current law instead constitute a defense to prosecution for that offense:
the gambling occurred in a private place;
no person received any economic benefit other than personal winnings; and
except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
H.B. 2996 defines "economic benefit" for purposes of gambling offenses as direct winnings from a game of skill or luck and excludes from the term a benefit received before a game commences or after payment of the direct winnings from the game. The bill revises the definition of "private place" for purposes of gambling offenses by specifying that a private place is a place to which the public does not have access without a valid membership, special invitation, or prior grant of permission.
H.B. 2996 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.