Guillen Gambling Bill Counts Members-Only Venues As Private Places

The text as introduced · 358 words

89R11591 BEE-F

By: Guillen
H.B. No. 2996

A BILL TO BE ENTITLED

AN ACT

relating to definitions for purposes of gambling criminal offenses

and the prosecution of gambling criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 47.01, Penal Code, is amended by adding

Subdivision (2-a) and amending Subdivision (8) to read as follows:

(2-a) "Economic benefit" means direct winnings from a

game of skill or luck. The term does not include a benefit received

before a game commences or after payment of the direct winnings from

the game.

(8) "Private place" means a place to which the public

does not have access without a valid membership, special

invitation, or prior grant of permission [ , ] and excludes, among

other places, streets, highways, restaurants, taverns, nightclubs,

schools, hospitals, and the common areas of apartment houses,

hotels, motels, office buildings, transportation facilities, and

shops.

SECTION 2. Section 47.04(b), Penal Code, is amended to read

as follows:

(b) It is a [ an affirmative ] defense to prosecution under

this section that:

(1) the gambling occurred in a private place;

(2) no person received any economic benefit other than

personal winnings; and

(3) except for the advantage of skill or luck, the

risks of losing and the chances of winning were the same for all

participants.

SECTION 3. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.