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.