Bill Text: TX SB517 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to criminal offenses applicable to and authorized uses of gambling devices, including eight-liners.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-02 - Filed [SB517 Detail]
Download: Texas-2025-SB517-Introduced.html
89R2000 BEE-D | ||
By: Middleton | S.B. No. 517 |
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relating to criminal offenses applicable to and authorized uses of | ||
gambling devices, including eight-liners. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 47.01, Penal Code, is amended by adding | ||
Subdivisions (2-a) and (2-b) and amending Subdivisions (4) and (9) | ||
to read as follows: | ||
(2-a) "Device" includes all or part of an electronic, | ||
electromechanical, or mechanical contrivance, machine, or | ||
apparatus. | ||
(2-b) "Eight-liner" means an electronic device | ||
capable of simulating the play of a traditional mechanical slot | ||
machine, regardless of the number of lines of play, that for | ||
consideration affords a player or user of the device an opportunity | ||
to win a prize based solely or partially on chance. | ||
(4) "Gambling device" means any device [ |
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user of the device an opportunity to obtain any thing [ |
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value, the award of which is determined solely or partially by | ||
chance, even though accompanied by some skill[ |
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[ |
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(A) an eight-liner; and | ||
(B) a[ |
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version [ |
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video poker, or similar electronic, electromechanical, or | ||
mechanical games, or a facsimile of any of those or similar games | ||
[ |
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(i) operates solely or partially [ |
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by chance; | ||
(ii) [ |
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the play or use [ |
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free games; [ |
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(iii) records [ |
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free games or credits [ |
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of the free games or credits[ |
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[ |
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(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 [ |
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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 playing or using a gambling device in which: | ||
(1) skill is the predominant requirement for the | ||
player or user to win or be awarded a thing of value for playing or | ||
using the device; and | ||
(2) the player or user may only win or be awarded as a | ||
thing of value for playing or using the device: | ||
(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) the value of the noncash merchandise or | ||
representation of value redeemable for noncash merchandise won or | ||
awarded for a single play of game on or use of a gambling device may | ||
not exceed the lesser of a wholesale value of 10 times the amount | ||
charged for the single play or use or $5; and | ||
(2) the wholesale value of an item of noncash | ||
merchandise 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 exceed $50. | ||
(c) It is a defense to prosecution under Section 47.02 that | ||
the conduct consists entirely of playing or using a gambling device | ||
in which the player or user of the device may win or be awarded only | ||
the opportunity to continue playing the game or using 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 playing or using the device, | ||
including manufacturing, transporting, storing, or repairing the | ||
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. Section 2001.416, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) Except as otherwise provided by Subsection (e), a [ |
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game of chance other than bingo or a raffle conducted under Chapter | ||
2002 may not be conducted or allowed during a bingo occasion. | ||
(e) A licensed authorized organization may exhibit and | ||
allow patrons to play or use a gambling device described by Section | ||
47.091, Penal Code. | ||
SECTION 4. The following provisions are repealed: | ||
(1) Subchapter E, Chapter 234, Local Government Code; | ||
and | ||
(2) Section 47.02(e), Penal Code. | ||
SECTION 5. (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 6. This Act takes effect September 1, 2025. |