Relating to gambling criminal offenses and a defense to prosecution for a gambling offense; increasing criminal penalties.

89(R) SB 517 - Engrossed version - Bill Text

By: Middleton, Hall

S.B. No. 517

King

A BILL TO BE ENTITLED

AN ACT

relating to gambling criminal offenses and a defense to prosecution

for a gambling offense; increasing criminal penalties.

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 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.

(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
[
, 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
operates solely

or partially
[
operate
] by chance [
or partially so, that as a result

of the play or operation of the game award credits or free games,

and 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 gift card or any other

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. Section 47.03(b), Penal Code, is amended to read

as follows:

(b) An offense under this section is a
felony of the third

degree
[
Class A misdemeanor
].

SECTION 3. Section 47.04(c), Penal Code, is amended to read

as follows:

(c) An offense under this section is a
felony of the third

degree
[
Class A misdemeanor
].

SECTION 4. Section 47.05(c), Penal Code, is amended to read

as follows:

(c) An offense under this section is a
felony of the third

degree
[
Class A misdemeanor
].

SECTION 5. Section 47.06(e), Penal Code, is amended to read

as follows:

(e) An offense under this section is a
felony of the third

degree
[
Class A misdemeanor
].

SECTION 6. Section 47.02(e), Penal Code, is repealed.

SECTION 7. (a) The changes in law made by this Act apply

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 8. This Act takes effect September 1, 2025.