86R2091 BEE-D
	By: Middleton	H.B. No. 1775

	A BILL TO BE ENTITLED
	AN ACT
	relating to the elements of certain criminal offenses applicable to
	gambling devices, including eight-liners, and defenses to
	prosecution for those criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 47.01, Penal Code, is amended by
	amending Subdivisions (4) and (9) and adding Subdivisions (10) and
	(11) to read as follows:
	(4)  "Gambling device" means any device [electronic,
	electromechanical, or mechanical contrivance not excluded under
	Paragraph (B)] that for [a] consideration affords the player or
	user of the device an opportunity to obtain any thing [anything] of
	value, the award of which is determined solely or partially by
	chance, even though accompanied by some skill[, whether or not the
	prize is automatically paid by the contrivance].  The term[:
	[(A)]  includes, but is not limited to:
	(A)  an eight-liner; and
	(B)  a[,] gambling device version [versions] of
	bingo, keno, blackjack, lottery, roulette, video poker, or similar
	electronic, electromechanical, or mechanical games, or a facsimile
	of any of those or similar games [facsimiles thereof], that:
	(i)  operates solely or partially [operate]
	by chance;
	(ii)  [or partially so, that] as a result of
	the play or use [operation] of the game, awards [award] credits or
	free games; [,] and
	(iii)  records [that record] the number of
	free games or credits [so] awarded and the cancellation or removal
	of the free games or credits[; and
	[(B)     does not include any electronic,
	electromechanical, or mechanical contrivance designed, made, and
	adapted solely for bona fide amusement purposes if the contrivance
	rewards the player exclusively with noncash merchandise prizes,
	toys, or novelties, or a representation of value redeemable for
	those items, that have a wholesale value available from a single
	play of the game or device of not more than 10 times the amount
	charged to play the game or device once or $5, whichever is less].
	(9)  "Thing of value" means any property, money, right,
	privilege, or other benefit, including a representation of value
	redeemable for any property, money, right, privilege, or other
	benefit [but does not include an unrecorded and immediate right of
	replay not exchangeable for value].
	(10)  "Device" includes all or part of an electronic,
	electromechanical, or mechanical contrivance, machine, or
	apparatus.
	(11)  "Eight-liner" means an electronic device capable
	of simulating the play of a traditional mechanical slot machine, or
	one-armed bandit, regardless of the number of lines of play, that
	for consideration affords a player of the device an opportunity to
	win a prize based solely or partially on chance.
	SECTION 2.  Chapter 47, Penal Code, is amended by adding
	Section 47.091 to read as follows:
	Sec. 47.091.  DEFENSES FOR CERTAIN AMUSEMENT DEVICES. (a)
	It is a defense to prosecution under Section 47.02 that the conduct
	consists entirely of use of a gambling device in which:
	(1)  skill is the predominate requirement for the user
	to win or be awarded a thing of value; and
	(2)  the user may not win or be awarded a thing of value
	for playing or using the device other than:
	(A)  noncash merchandise available only on the
	premises where the device is located; or
	(B)  a ticket, coupon, or other representation of
	value redeemable only on the premises where the device is located
	for noncash merchandise.
	(b)  For purposes of Subsection (a)(2):
	(1)  noncash merchandise or a representation of value
	redeemable for noncash merchandise that may be won or awarded for a
	single play of game or activity on the device may not have a
	wholesale value of more than 10 times the amount charged for a
	single play or $5, whichever is less; and
	(2)  an item of noncash merchandise that may be won or
	awarded for playing or using the device or for which a person may
	redeem one or more tickets, coupons, or other representations of
	value won or awarded for playing or using the device may not have a
	wholesale value of more than $50.
	(c)  It is a defense to prosecution under Section 47.02 that
	the conduct consists entirely of use of a gambling device in which
	the user of a device may win or be awarded only the opportunity to
	continue playing the game or conducting an activity on the device
	and the opportunity is not exchangeable for another thing of value.
	(d)  It is a defense to prosecution under Section 47.03,
	47.04, or 47.06 that the conduct consists of or is a necessary
	incident to offering, using, or maintaining one or more gambling
	devices used exclusively for conduct for which Subsection (a) or
	(c) provides a defense to a person using the device including
	manufacturing, transporting, storing, or repairing such a device.
	(e)  In this section, "noncash merchandise" does not
	include:
	(1)  a check, money order, or cashier's check;
	(2)  a traveler's check; or
	(3)  any other item of cash equivalence.
	SECTION 3.  The following provisions are repealed:
	(1)  Subchapter E, Chapter 234, Local Government Code;
	and
	(2)  Section 47.02(e), Penal Code.
	SECTION 4.  (a) The change in law made by this Act applies
	only to an offense committed on or after the effective date of this
	Act. For purposes of this section, an offense is committed before
	the effective date of this Act if any element of the offense occurs
	before that date.
	(b)  An offense committed before the effective date of this
	Act is covered by the law in effect when the offense was committed,
	and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2019.