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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of gambling and keeping |
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a gambling place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.02(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of [a defense to
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prosecution under] this section that: |
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(1) the actor engaged in gambling in a private place; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 2. Section 47.04(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of [affirmative
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defense to prosecution under] this section that: |
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(1) the gambling occurred in a private place; |
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(2) no person received any economic benefit other than |
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personal winnings; and |
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(3) except for the advantage of skill or luck, the |
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risks of losing and the chances of winning were the same for all |
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participants. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |