Texas 2025 89th Regular

Texas Senate Bill SB517 Analysis / Analysis

Filed 04/11/2025

                    BILL ANALYSIS        Senate Research Center   C.S.S.B. 517     89R23328 BEE-D   By: Middleton         State Affairs         4/10/2025         Committee Report (Substituted)          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Electronic gambling devicescommonly known as "eight-liners"have become increasingly prevalent in Texas. These devices mimic traditional slot machines and offer prizes based on chance, often skirting the line between amusement and illegal gambling. Despite ongoing efforts by local jurisdictions to restrict or regulate their use, enforcement has proven inconsistent, creating legal ambiguities and opportunities for abuse. The lack of clear statewide guidelines has allowed some operators to exploit loopholes, leading to unregulated gambling activity under the guise of entertainment. S.B. 517 addresses this issue by updating the Penal Code to clearly define eight-liners and expand the definition of "gambling device." The bill eliminates ambiguity by establishing objective criteria for determining when a device is used for illegal gambling versus lawful amusement. It also introduces statutory defenses for legitimate amusement devices that reward only noncash prizes of limited value or additional plays. Additionally, S.B. 517 creates consistency across the state by repealing local regulations that conflict with this standardized framework. This legislation strengthens the state's ability to regulate gambling activity, reduces the potential for abuse, and preserves space for lawful, skill-based amusement.  (Original Author's/Sponsor's Statement of Intent)    C.S.S.B. 517 amends current law relating to gambling criminal offenses and a defense to prosecution for a gambling offense and increases criminal penalties.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 47.01, Penal Code, by adding Subdivision (2-a) to define "device" and amending Subdivisions (4) and (9) to redefine "gambling device" and "thing of value."   SECTION 2. Amends Section 47.03(b), Penal Code, to provide that an offense under Section 47.03 (Gambling Promotion) is a felony of the third degree, rather than a Class A misdemeanor.   SECTION 3. Amends Section 47.04(c), Penal Code, to provide that an offense under Section 47.04 (Keeping a Gambling Place) is a felony of the third degree, rather than a Class A misdemeanor.   SECTION 4. Amends Section 47.05(c), Penal Code, to provide that an offense under Section 47.05 (Communicating Gambling Information) is a felony of the third degree, rather than a Class A misdemeanor.   SECTION 5. Amends Section 47.06(e), Penal Code, to provide that an offense under Section 47.06 (Possession of Gambling Device, Equipment, or Paraphernalia) is a felony of the third degree, rather than a Class A misdemeanor.   SECTION 6. Repealer: Section 47.02(e) (relating to providing that it is a defense to prosecution that a person played for something other than money using certain devices excluded from the definition of "gambling device"), Penal Code.   SECTION 7. Makes application of this Act prospective.    SECTION 8. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center C.S.S.B. 517
89R23328 BEE-D By: Middleton
 State Affairs
 4/10/2025
 Committee Report (Substituted)



Senate Research Center

C.S.S.B. 517

89R23328 BEE-D

By: Middleton

State Affairs

4/10/2025

Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Electronic gambling devicescommonly known as "eight-liners"have become increasingly prevalent in Texas. These devices mimic traditional slot machines and offer prizes based on chance, often skirting the line between amusement and illegal gambling. Despite ongoing efforts by local jurisdictions to restrict or regulate their use, enforcement has proven inconsistent, creating legal ambiguities and opportunities for abuse. The lack of clear statewide guidelines has allowed some operators to exploit loopholes, leading to unregulated gambling activity under the guise of entertainment.

S.B. 517 addresses this issue by updating the Penal Code to clearly define eight-liners and expand the definition of "gambling device." The bill eliminates ambiguity by establishing objective criteria for determining when a device is used for illegal gambling versus lawful amusement. It also introduces statutory defenses for legitimate amusement devices that reward only noncash prizes of limited value or additional plays. Additionally, S.B. 517 creates consistency across the state by repealing local regulations that conflict with this standardized framework.

This legislation strengthens the state's ability to regulate gambling activity, reduces the potential for abuse, and preserves space for lawful, skill-based amusement.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 517 amends current law relating to gambling criminal offenses and a defense to prosecution for a gambling offense and increases criminal penalties.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 47.01, Penal Code, by adding Subdivision (2-a) to define "device" and amending Subdivisions (4) and (9) to redefine "gambling device" and "thing of value."

SECTION 2. Amends Section 47.03(b), Penal Code, to provide that an offense under Section 47.03 (Gambling Promotion) is a felony of the third degree, rather than a Class A misdemeanor.

SECTION 3. Amends Section 47.04(c), Penal Code, to provide that an offense under Section 47.04 (Keeping a Gambling Place) is a felony of the third degree, rather than a Class A misdemeanor.

SECTION 4. Amends Section 47.05(c), Penal Code, to provide that an offense under Section 47.05 (Communicating Gambling Information) is a felony of the third degree, rather than a Class A misdemeanor.

SECTION 5. Amends Section 47.06(e), Penal Code, to provide that an offense under Section 47.06 (Possession of Gambling Device, Equipment, or Paraphernalia) is a felony of the third degree, rather than a Class A misdemeanor.

SECTION 6. Repealer: Section 47.02(e) (relating to providing that it is a defense to prosecution that a person played for something other than money using certain devices excluded from the definition of "gambling device"), Penal Code.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Effective date: September 1, 2025.