89R2000 BEE-D     By: Middleton S.B. No. 517       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.