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.