HBA-KMH C.S.S.B. 970 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 970 By: Sibley Criminal Jurisprudence 5/20/1999 Committee Report (Substituted) 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) (Definitions), 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 eightliner machines are illegal gambling devices. C.S.S.B. 970 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 Subdivisions (10), (11), and (12), to redefine "gambling device" and to define "bona fide amusement device," "licensed gaming venue," and "game card or ticket." 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. Amends Chapter 47, Penal Code, by adding Section 47.11, as follows: Sec. 47.11. USE OF CERTAIN DEVICES BY INDIAN TRIBE. Provides that if a device used for gaming conducted by a federally recognized Indian tribe, or owned or possessed by the tribe in connection with that gaming, is a gambling device only if it would have been a gambling device under this chapter as it existed on January 1, 1999. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 970 modifies the original in SECTION 1 (proposed Section 47.01(10), Penal Code), to redefine "bona fide amusement device," to remove the condition that the thing of value must be merchandise "retained and redeemed on the premises." The substitute removes the provision providing that the average wholesale value of all merchandise retained on the premises for award as a thing of value may not exceed $10 and the wholesale value of any single item of merchandise may not exceed $250. The substitute removes the provisions that a bonafide amusement device does not include: _a device that awards a thing of value and allows amendment, cancellation, removal, or recording of the number of free games or credits the player has accumulated as a result of playing the device or game; or _any device that is substantially or deceptively similar to a contrivance enumerated in Subdivision (4) (defining "gambling device"). C.S.S.B. 970 adds text providing that a bonafide amusement device does not include: _a device that employs an inherent, material element of chance to affect whether a player will win or be awarded a thing of value and that is designed to be preset in a way that limits the overall percentage of the consideration paid by players that will be awarded to players as a thing of value. C.S.S.B. 970 modifies the original by creating a new SECTION 4 to add Section 47.11 (Use of Certain Devices by Indian Tribe). Proposed Section 47.11 provides that if a device used for gaming conducted by a federally recognized Indian tribe, or owned or possessed by the tribe in connection with that gaming, is a gambling device only if it would have been a gambling device under this chapter as it existed on January 1, 1999. Proposed Section 47.11 also provides that this section applies only to a federally recognized Indian tribe that on January 1, 1999, had a reservation within this state. C.S.S.B. 970 redesignates SECTION 4 (effective date and prospective clause) and SECTION 5 (short emergency clause) of the original as SECTIONS 5 and 6, respectively.