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.