Tepper Bill Lets Bingo Groups Run Amusement Machines During Bingo

The text as introduced · 1,047 words

89R2000 BEE-D

By: Tepper
H.B. No. 487

A BILL TO BE ENTITLED

AN ACT

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 [ 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 :

(A) an eight-liner; and

(B) a [ , but is not limited to, ] 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 ].

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 [ A ]

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.