HBA-RBT H.B. 1690 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1690
By: Keel
Criminal Jurisprudence
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law allows for the use of electronic, electromechanical,
or mechanical devices designed for bona fide amusement purposes. This
provision in Section 47.01(4)(B), Penal Code, has been interpreted to
include eight-liner gambling machines that look and play like machines
found in casinos. However, a recent attorney general's opinion concluded
that such eight-liner machines are illegal gambling devices.  H.B. 1690
bans the use or possession of eight-liner machines 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 47.01, Penal Code, by amending Subdivision (4)
and adding Subdivision (10), to redefine "gambling device" and define "bona
fide amusement device." 

SECTION 2.  Amends Section 47.02(e), Penal Code, to provide that it is an
affirmative defense to prosecution under this section that a person played
for something of value other than money using a bona fide amusement device,
rather than an electronic, electromechanical, or mechanical contrivance
excluded from the definition of "gambling device" under Section
47.01(4)(B).  

SECTION 3.  Amends Section 47.06, Penal Code, by adding Subsection (h), to
provide that it is an affirmative defense to prosecution under this section
that the device possessed was a bona fide amusement device.  

SECTION 4.  Effective date: September 1, 1999. 
            Makes application of this Act prospective.

SECTION 5. Emergency clause.