Texas 2025 - 89th Regular

Texas Senate Bill SB517 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R2000 BEE-D
1	2		By: Middleton S.B. No. 517
2		-	(In the Senate - Filed December 2, 2024; February 3, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 14, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 517 By: Middleton
9	3
10	4
11	5
12	6
13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15		-	relating to ~~gambling~~ criminal offenses ~~and a defense~~ to ~~prosecution~~
16		-	~~for a~~ gambling ~~offense; increasing criminal penalties~~.
	9	+	relating to criminal offenses applicable to and authorized uses of
	10	+	gambling devices, including eight-liners.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Section 47.01, Penal Code, is amended by adding
19		-	~~Subdivision~~ (2-a) and amending Subdivisions (4) and (9) ~~to read as~~
20		-	follows:
	13	+	Subdivisions (2-a) and (2-b) and amending Subdivisions (4) and (9)
	14	+	to read as follows:
21	15		(2-a) "Device" includes all or part of an electronic,
22	16		electromechanical, or mechanical contrivance, machine, or
23	17		apparatus.
	18	+	(2-b) "Eight-liner" means an electronic device
	19	+	capable of simulating the play of a traditional mechanical slot
	20	+	machine, regardless of the number of lines of play, that for
	21	+	consideration affords a player or user of the device an opportunity
	22	+	to win a prize based solely or partially on chance.
24	23		(4) "Gambling device" means any device [electronic,
25	24		electromechanical, or mechanical contrivance not excluded under
26	25		Paragraph (B)] that for [a] consideration affords the player or
27	26		user of the device an opportunity to obtain any thing [anything] of
28	27		value, the award of which is determined solely or partially by
29		-	chance, even though accompanied by some skill, whether or not the
30		-	prize is automatically paid by the contrivance. The term[:
31		-	[(A)] includes a[, but is not limited to,]
32		-	gambling device version [versions] of bingo, keno, blackjack,
33		-	lottery, roulette, video poker, or similar electronic,
34		-	electromechanical, or mechanical games, or a facsimile of any of
35		-	those or similar games [facsimiles thereof], that operates solely
36		-	or partially [operate] by chance [or partially so, that as a result
37		-	of the play or operation of the game award credits or free games,
38		-	and that record the number of free games or credits so awarded and
39		-	the cancellation or removal of the free games or credits; and
	28	+	chance, even though accompanied by some skill[, whether or not the
	29	+	prize is automatically paid by the contrivance]. The term[:
	30	+	[(A)] includes:
	31	+	(A) an eight-liner; and
	32	+	(B) a[, but is not limited to,] gambling device
	33	+	version [versions] of bingo, keno, blackjack, lottery, roulette,
	34	+	video poker, or similar electronic, electromechanical, or
	35	+	mechanical games, or a facsimile of any of those or similar games
	36	+	[facsimiles thereof], that:
	37	+	(i) operates solely or partially [operate]
	38	+	by chance;
	39	+	(ii) [or partially so, that] as a result of
	40	+	the play or use [operation] of the game, awards [award] credits or
	41	+	free games; [,] and
	42	+	(iii) records [that record] the number of
	43	+	free games or credits [so] awarded and the cancellation or removal
	44	+	of the free games or credits[; and
40	45		[(B) does not include any electronic,
41	46		electromechanical, or mechanical contrivance designed, made, and
42	47		adapted solely for bona fide amusement purposes if the contrivance
43	48		rewards the player exclusively with noncash merchandise prizes,
44	49		toys, or novelties, or a representation of value redeemable for
45	50		those items, that have a wholesale value available from a single
46	51		play of the game or device of not more than 10 times the amount
47	52		charged to play the game or device once or $5, whichever is less].
48	53		(9) "Thing of value" means any property, money, right,
49		-	privilege, or other benefit, including a gift card or any other
50		-	representation of value redeemable for any property, money, right,
51		-	privilege, or other benefit [but does not include an unrecorded and
52		-	immediate right of replay not exchangeable for value].
53		-	SECTION 2. Section 47.03(b), Penal Code, is amended to read
54		-	as follows:
55		-	(b) An offense under this section is a felony of the third
56		-	degree [Class A misdemeanor].
57		-	SECTION 3. Section 47.04(c), Penal Code, is amended to read
58		-	as follows:
59		-	(c) An offense under this section is a felony of the third
60		-	degree [Class A misdemeanor].
61		-	SECTION 4. Section 47.05(c), Penal Code, is amended to read
62		-	as follows:
63		-	(c) An offense under this section is a felony of the third
64		-	degree [Class A misdemeanor].
65		-	SECTION 5. Section 47.06(e), Penal Code, is amended to read
66		-	as follows:
67		-	(e) An offense under this section is a felony of the third
68		-	degree [Class A misdemeanor].
69		-	SECTION 6. Section 47.02(e), Penal Code, is repealed.
70		-	SECTION 7. (a) The changes in law made by this Act apply
	54	+	privilege, or other benefit, including a representation of value
	55	+	redeemable for any property, money, right, privilege, or other
	56	+	benefit [but does not include an unrecorded and immediate right of
	57	+	replay not exchangeable for value].
	58	+	SECTION 2. Chapter 47, Penal Code, is amended by adding
	59	+	Section 47.091 to read as follows:
	60	+	Sec. 47.091. DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
	61	+	It is a defense to prosecution under Section 47.02 that the conduct
	62	+	consists entirely of playing or using a gambling device in which:
	63	+	(1) skill is the predominant requirement for the
	64	+	player or user to win or be awarded a thing of value for playing or
	65	+	using the device; and
	66	+	(2) the player or user may only win or be awarded as a
	67	+	thing of value for playing or using the device:
	68	+	(A) noncash merchandise available only on the
	69	+	premises where the device is located; or
	70	+	(B) a ticket, coupon, or other representation of
	71	+	value redeemable only on the premises where the device is located
	72	+	for noncash merchandise.
	73	+	(b) For purposes of Subsection (a)(2):
	74	+	(1) the value of the noncash merchandise or
	75	+	representation of value redeemable for noncash merchandise won or
	76	+	awarded for a single play of game on or use of a gambling device may
	77	+	not exceed the lesser of a wholesale value of 10 times the amount
	78	+	charged for the single play or use or $5; and
	79	+	(2) the wholesale value of an item of noncash
	80	+	merchandise won or awarded for playing or using the device or for
	81	+	which a person may redeem one or more tickets, coupons, or other
	82	+	representations of value won or awarded for playing or using the
	83	+	device may not exceed $50.
	84	+	(c) It is a defense to prosecution under Section 47.02 that
	85	+	the conduct consists entirely of playing or using a gambling device
	86	+	in which the player or user of the device may win or be awarded only
	87	+	the opportunity to continue playing the game or using the device and
	88	+	the opportunity is not exchangeable for another thing of value.
	89	+	(d) It is a defense to prosecution under Section 47.03,
	90	+	47.04, or 47.06 that the conduct consists of or is a necessary
	91	+	incident to offering, using, or maintaining one or more gambling
	92	+	devices used exclusively for conduct for which Subsection (a) or
	93	+	(c) provides a defense to a person playing or using the device,
	94	+	including manufacturing, transporting, storing, or repairing the
	95	+	device.
	96	+	(e) In this section, "noncash merchandise" does not
	97	+	include:
	98	+	(1) a check, money order, or cashier's check;
	99	+	(2) a traveler's check; or
	100	+	(3) any other item of cash equivalence.
	101	+	SECTION 3. Section 2001.416, Occupations Code, is amended
	102	+	by amending Subsection (a) and adding Subsection (e) to read as
	103	+	follows:
	104	+	(a) Except as otherwise provided by Subsection (e), a [A]
	105	+	game of chance other than bingo or a raffle conducted under Chapter
	106	+	2002 may not be conducted or allowed during a bingo occasion.
	107	+	(e) A licensed authorized organization may exhibit and
	108	+	allow patrons to play or use a gambling device described by Section
	109	+	47.091, Penal Code.
	110	+	SECTION 4. The following provisions are repealed:
	111	+	(1) Subchapter E, Chapter 234, Local Government Code;
	112	+	and
	113	+	(2) Section 47.02(e), Penal Code.
	114	+	SECTION 5. (a) The change in law made by this Act applies
71	115		only to an offense committed on or after the effective date of this
72	116		Act. For purposes of this section, an offense is committed before
73	117		the effective date of this Act if any element of the offense occurs
74	118		before that date.
75	119		(b) An offense committed before the effective date of this
76	120		Act is covered by the law in effect when the offense was committed,
77	121		and the former law is continued in effect for that purpose.
78		-	SECTION 8. This Act takes effect September 1, 2025.
79		-	* * * * *
	122	+	SECTION 6. This Act takes effect September 1, 2025.