Texas 2025 - 89th Regular

Texas House Bill HB487 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2000 BEE-D
2	2	By: Tepper H.B. No. 487
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal offenses applicable to and authorized uses of
10	10	gambling devices, including eight-liners.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 47.01, Penal Code, is amended by adding
13	13	Subdivisions (2-a) and (2-b) and amending Subdivisions (4) and (9)
14	14	to read as follows:
15	15	(2-a) "Device" includes all or part of an electronic,
16	16	electromechanical, or mechanical contrivance, machine, or
17	17	apparatus.
18	18	(2-b) "Eight-liner" means an electronic device
19	19	capable of simulating the play of a traditional mechanical slot
20	20	machine, regardless of the number of lines of play, that for
21	21	consideration affords a player or user of the device an opportunity
22	22	to win a prize based solely or partially on chance.
23	23	(4) "Gambling device" means any device [electronic,
24	24	electromechanical, or mechanical contrivance not excluded under
25	25	Paragraph (B)] that for [a] consideration affords the player or
26	26	user of the device an opportunity to obtain any thing [anything] of
27	27	value, the award of which is determined solely or partially by
28	28	chance, even though accompanied by some skill[, whether or not the
29	29	prize is automatically paid by the contrivance]. The term[:
30	30	[(A)] includes:
31	31	(A) an eight-liner; and
32	32	(B) a[, but is not limited to,] gambling device
33	33	version [versions] of bingo, keno, blackjack, lottery, roulette,
34	34	video poker, or similar electronic, electromechanical, or
35	35	mechanical games, or a facsimile of any of those or similar games
36	36	[facsimiles thereof], that:
37	37	(i) operates solely or partially [operate]
38	38	by chance;
39	39	(ii) [or partially so, that] as a result of
40	40	the play or use [operation] of the game, awards [award] credits or
41	41	free games; [,] and
42	42	(iii) records [that record] the number of
43	43	free games or credits [so] awarded and the cancellation or removal
44	44	of the free games or credits[; and
45	45	[(B) does not include any electronic,
46	46	electromechanical, or mechanical contrivance designed, made, and
47	47	adapted solely for bona fide amusement purposes if the contrivance
48	48	rewards the player exclusively with noncash merchandise prizes,
49	49	toys, or novelties, or a representation of value redeemable for
50	50	those items, that have a wholesale value available from a single
51	51	play of the game or device of not more than 10 times the amount
52	52	charged to play the game or device once or $5, whichever is less].
53	53	(9) "Thing of value" means any property, money, right,
54	54	privilege, or other benefit, including a representation of value
55	55	redeemable for any property, money, right, privilege, or other
56	56	benefit [but does not include an unrecorded and immediate right of
57	57	replay not exchangeable for value].
58	58	SECTION 2. Chapter 47, Penal Code, is amended by adding
59	59	Section 47.091 to read as follows:
60	60	Sec. 47.091. DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
61	61	It is a defense to prosecution under Section 47.02 that the conduct
62	62	consists entirely of playing or using a gambling device in which:
63	63	(1) skill is the predominant requirement for the
64	64	player or user to win or be awarded a thing of value for playing or
65	65	using the device; and
66	66	(2) the player or user may only win or be awarded as a
67	67	thing of value for playing or using the device:
68	68	(A) noncash merchandise available only on the
69	69	premises where the device is located; or
70	70	(B) a ticket, coupon, or other representation of
71	71	value redeemable only on the premises where the device is located
72	72	for noncash merchandise.
73	73	(b) For purposes of Subsection (a)(2):
74	74	(1) the value of the noncash merchandise or
75	75	representation of value redeemable for noncash merchandise won or
76	76	awarded for a single play of game on or use of a gambling device may
77	77	not exceed the lesser of a wholesale value of 10 times the amount
78	78	charged for the single play or use or $5; and
79	79	(2) the wholesale value of an item of noncash
80	80	merchandise won or awarded for playing or using the device or for
81	81	which a person may redeem one or more tickets, coupons, or other
82	82	representations of value won or awarded for playing or using the
83	83	device may not exceed $50.
84	84	(c) It is a defense to prosecution under Section 47.02 that
85	85	the conduct consists entirely of playing or using a gambling device
86	86	in which the player or user of the device may win or be awarded only
87	87	the opportunity to continue playing the game or using the device and
88	88	the opportunity is not exchangeable for another thing of value.
89	89	(d) It is a defense to prosecution under Section 47.03,
90	90	47.04, or 47.06 that the conduct consists of or is a necessary
91	91	incident to offering, using, or maintaining one or more gambling
92	92	devices used exclusively for conduct for which Subsection (a) or
93	93	(c) provides a defense to a person playing or using the device,
94	94	including manufacturing, transporting, storing, or repairing the
95	95	device.
96	96	(e) In this section, "noncash merchandise" does not
97	97	include:
98	98	(1) a check, money order, or cashier's check;
99	99	(2) a traveler's check; or
100	100	(3) any other item of cash equivalence.
101	101	SECTION 3. Section 2001.416, Occupations Code, is amended
102	102	by amending Subsection (a) and adding Subsection (e) to read as
103	103	follows:
104	104	(a) Except as otherwise provided by Subsection (e), a [A]
105	105	game of chance other than bingo or a raffle conducted under Chapter
106	106	2002 may not be conducted or allowed during a bingo occasion.
107	107	(e) A licensed authorized organization may exhibit and
108	108	allow patrons to play or use a gambling device described by Section
109	109	47.091, Penal Code.
110	110	SECTION 4. The following provisions are repealed:
111	111	(1) Subchapter E, Chapter 234, Local Government Code;
112	112	and
113	113	(2) Section 47.02(e), Penal Code.
114	114	SECTION 5. (a) The change in law made by this Act applies
115	115	only to an offense committed on or after the effective date of this
116	116	Act. For purposes of this section, an offense is committed before
117	117	the effective date of this Act if any element of the offense occurs
118	118	before that date.
119	119	(b) An offense committed before the effective date of this
120	120	Act is covered by the law in effect when the offense was committed,
121	121	and the former law is continued in effect for that purpose.
122	122	SECTION 6. This Act takes effect September 1, 2025.