By: Middleton S.B. No. 517
(In the Senate - Filed December 2, 2024; February 3, 2025,
read first time and referred to Committee on State Affairs;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 517 By: Middleton
A BILL TO BE ENTITLED
AN ACT
relating to gambling criminal offenses and a defense to prosecution
for a gambling offense; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.01, Penal Code, is amended by adding
Subdivision (2-a) and amending Subdivisions (4) and (9) to read as
follows:
(2-a) "Device" includes all or part of an electronic,
electromechanical, or mechanical contrivance, machine, or
apparatus.
(4) "Gambling device" means any device [electronic,
electromechanical, or mechanical contrivance not excluded under
Paragraph (B)] that for [a] consideration affords the player or
user of the device an opportunity to obtain any thing [anything] of
value, the award of which is determined solely or partially by
chance, even though accompanied by some skill, whether or not the
prize is automatically paid by the contrivance. The term[:
[(A)] includes a[, but is not limited to,]
gambling device version [versions] of bingo, keno, blackjack,
lottery, roulette, video poker, or similar electronic,
electromechanical, or mechanical games, or a facsimile of any of
those or similar games [facsimiles thereof], that operates solely
or partially [operate] by chance [or partially so, that as a result
of the play or operation of the game award credits or free games,
and that record the number of free games or credits so awarded and
the cancellation or removal of the free games or credits; and
[(B) does not include any electronic,
electromechanical, or mechanical contrivance designed, made, and
adapted solely for bona fide amusement purposes if the contrivance
rewards the player exclusively with noncash merchandise prizes,
toys, or novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single
play of the game or device of not more than 10 times the amount
charged to play the game or device once or $5, whichever is less].
(9) "Thing of value" means any property, money, right,
privilege, or other benefit, including a gift card or any other
representation of value redeemable for any property, money, right,
privilege, or other benefit [but does not include an unrecorded and
immediate right of replay not exchangeable for value].
SECTION 2. Section 47.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 3. Section 47.04(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 4. Section 47.05(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 5. Section 47.06(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 6. Section 47.02(e), Penal Code, is repealed.
SECTION 7. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2025.
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