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Statutes > Texas > Penal-code > Title-10-offenses-against-public-health-safety-and-morals > Chapter-47-gambling

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 47. GAMBLING

Sec. 47.01. DEFINITIONS. In this chapter:

(1) "Bet" means an agreement to win or lose something of value

solely or partially by chance. A bet does not include:

(A) contracts of indemnity or guaranty, or life, health,

property, or accident insurance;

(B) an offer of a prize, award, or compensation to the actual

contestants in a bona fide contest for the determination of

skill, speed, strength, or endurance or to the owners of animals,

vehicles, watercraft, or aircraft entered in a contest; or

made by the proprietor of a bona fide carnival contest conducted

at a carnival sponsored by a nonprofit religious, fraternal,

school, law enforcement, youth, agricultural, or civic group,

including any nonprofit agricultural or civic group incorporated

by the state before 1955, if the person to receive the

merchandise from the proprietor is the person who performs the

carnival contest.

(2) "Bookmaking" means:

(A) to receive and record or to forward more than five bets or

offers to bet in a period of 24 hours;

(B) to receive and record or to forward bets or offers to bet

totaling more than $1,000 in a period of 24 hours; or

forward a bet or an offer to bet.

(3) "Gambling place" means any real estate, building, room,

tent, vehicle, boat, or other property whatsoever, one of the

uses of which is the making or settling of bets, bookmaking, or

the conducting of a lottery or the playing of gambling devices.

(4) "Gambling device" means any electronic, electromechanical,

or mechanical contrivance not excluded under Paragraph (B) that

for a consideration affords the player an opportunity to obtain

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, but is not limited to, gambling device versions of

bingo, keno, blackjack, lottery, roulette, video poker, or

similar electronic, electromechanical, or mechanical games, or

facsimiles thereof, that 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.

(5) "Altered gambling equipment" means any contrivance that has

been altered in some manner, including, but not limited to,

shaved dice, loaded dice, magnetic dice, mirror rings, electronic

sensors, shaved cards, marked cards, and any other equipment

altered or designed to enhance the actor's chances of winning.

(6) "Gambling paraphernalia" means any book, instrument, or

apparatus by means of which bets have been or may be recorded or

registered; any record, ticket, certificate, bill, slip, token,

writing, scratch sheet, or other means of carrying on bookmaking,

wagering pools, lotteries, numbers, policy, or similar games.

(7) "Lottery" means any scheme or procedure whereby one or more

prizes are distributed by chance among persons who have paid or

promised consideration for a chance to win anything of value,

whether such scheme or procedure is called a pool, lottery,

raffle, gift, gift enterprise, sale, policy game, or some other

name.

(8) "Private place" means a place to which the public does not

have access, 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.

(9) "Thing of value" means any benefit, but does not include an

unrecorded and immediate right of replay not exchangeable for

value.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., ch. 313, Sec. 1, 2, eff. Sept.

1, 1987; Acts 1989, 71st Leg., ch. 396, Sec. 1, eff. June 14,

1989; Acts 1993, 73rd Leg., ch. 774, Sec. 1, eff. Aug. 30, 1993;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;

Acts 1995, 74th Leg., ch. 318, Sec. 19, eff. Sept. 1, 1995.

Sec. 47.02. GAMBLING. (a) A person commits an offense if he:

(1) makes a bet on the partial or final result of a game or

contest or on the performance of a participant in a game or

contest;

(2) makes a bet on the result of any political nomination,

appointment, or election or on the degree of success of any

nominee, appointee, or candidate; or

(3) plays and bets for money or other thing of value at any game

played with cards, dice, balls, or any other gambling device.

(b) It is a defense to prosecution under this section that:

(1) the actor engaged in gambling 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.

actor reasonably believed that the conduct:

(1) was permitted under Chapter 2001, Occupations Code;

(2) was permitted under Chapter 2002, Occupations Code;

(3) consisted entirely of participation in the state lottery

authorized by the State Lottery Act (Chapter 466, Government

Code);

(4) was permitted under the Texas Racing Act (Article 179e,

Vernon's Texas Civil Statutes); or

(5) consisted entirely of participation in a drawing for the

opportunity to participate in a hunting, fishing, or other

recreational event conducted by the Parks and Wildlife

Department.

(d) An offense under this section is a Class C misdemeanor.

(e) It is a defense to prosecution under this section that a

person played for something of value other than money using an

electronic, electromechanical, or mechanical contrivance excluded

from the definition of "gambling device" under Section

47.01(4)(B).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, Sec.

43, eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, Sec. 2,

eff. Jan. 1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 3;

Acts 1993, 73rd Leg., ch. 107, Sec. 4.04, eff. Aug. 30, 1993;

Acts 1993, 73rd Leg., ch. 774, Sec. 2, eff. Aug. 30, 1993. Acts

1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts

1995, 74th Leg., ch. 76, Sec. 14.53, eff. Sept. 1, 1995; Acts

1995, 74th Leg., ch. 318, Sec. 20, eff. Sept. 1, 1995; Acts 1995,

74th Leg., ch. 931, Sec. 79, eff. June 16, 1995; Acts 1997, 75th

Leg., ch. 1256, Sec. 124, eff. Sept. 1, 1997; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.834, eff. Sept. 1, 2001.

Sec. 47.03. GAMBLING PROMOTION. (a) A person commits an

offense if he intentionally or knowingly does any of the

following acts:

(1) operates or participates in the earnings of a gambling

place;

(2) engages in bookmaking;

(3) for gain, becomes a custodian of anything of value bet or

offered to be bet;

(4) sells chances on the partial or final result of or on the

margin of victory in any game or contest or on the performance of

any participant in any game or contest or on the result of any

political nomination, appointment, or election or on the degree

of success of any nominee, appointee, or candidate; or

(5) for gain, sets up or promotes any lottery or sells or offers

to sell or knowingly possesses for transfer, or transfers any

card, stub, ticket, check, or other device designed to serve as

evidence of participation in any lottery.

(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., ch. 313, Sec. 3, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 47.04. KEEPING A GAMBLING PLACE. (a) A person commits an

offense if he knowingly uses or permits another to use as a

gambling place any real estate, building, room, tent, vehicle,

boat, or other property whatsoever owned by him or under his

control, or rents or lets any such property with a view or

expectation that it be so used.

(b) It is 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff.

Aug. 29, 1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept.

1, 1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 47.05. COMMUNICATING GAMBLING INFORMATION. (a) A person

commits an offense if, with the intent to further gambling, he

knowingly communicates information as to bets, betting odds, or

changes in betting odds or he knowingly provides, installs, or

maintains equipment for the transmission or receipt of such

information.

(b) It is an exception to the application of Subsection (a) that

the information communicated is intended for use in placing a

lawful wager under Article 11, Texas Racing Act (Article 179e,

Vernon's Texas Civil Statutes), and is not communicated in

violation of Section 14.01 of that Act.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR

PARAPHERNALIA. (a) A person commits an offense if, with the

intent to further gambling, he knowingly owns, manufactures,

transfers, or possesses any gambling device that he knows is

designed for gambling purposes or any equipment that he knows is

designed as a subassembly or essential part of a gambling device.

(b) A person commits an offense if, with the intent to further

gambling, he knowingly owns, manufactures, transfers

commercially, or possesses any altered gambling equipment that he

knows is designed for gambling purposes or any equipment that he

knows is designed as a subassembly or essential part of such

device.

gambling, the person knowingly owns, manufactures, transfers

commercially, or possesses gambling paraphernalia.

(d) It is a defense to prosecution under Subsections (a) and (c)

that:

(1) the device, equipment, or paraphernalia is used for or is

intended for use in gambling that is to occur entirely in a

private place;

(2) a person involved in the gambling does not receive any

economic benefit other than personal winnings; and

(3) except for the advantage of skill or luck, the chance of

winning is the same for all participants.

(e) An offense under this section is a Class A misdemeanor.

(f) It is a defense to prosecution under Subsection (a) or (c)

that the person owned, manufactured, transferred, or possessed

the gambling device, equipment, or paraphernalia for the sole

purpose of shipping it to another jurisdiction where the

possession or use of the device, equipment, or paraphernalia was

legal.

(g) A district or county attorney is not required to have a

search warrant or subpoena to inspect a gambling device or

gambling equipment or paraphernalia on an ocean-going vessel that

enters the territorial waters of this state to call at a port in

this state.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., p. 668, ch. 251, Sec. 2, eff.

Aug. 29, 1977; Acts 1977, 65th Leg., p. 1865, ch. 741, Sec. 1,

eff. Aug. 29, 1977; Acts 1987, 70th Leg., ch. 167, Sec.

5.01(a)(48), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 458,

Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1030, Sec.

2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 44, Sec. 1, eff.

Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 315, Sec. 1, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 4; Acts

1993, 73rd Leg., ch. 107, Sec. 4.05, eff. Aug. 30, 1993; Acts

1993, 73rd Leg., ch. 284, Sec. 30, eff. Sept. 1, 1993; Acts 1993,

73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 47.07. EVIDENCE. In any prosecution under this chapter in

which it is relevant to prove the occurrence of a sporting event,

a published report of its occurrence in a daily newspaper,

magazine, or other periodically printed publication of general

circulation shall be admissible in evidence and is prima facie

evidence that the event occurred.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 47.08 and amended by Acts 1993,

73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 47.08. TESTIMONIAL IMMUNITY. (a) A party to an offense

under this chapter may be required to furnish evidence or testify

about the offense.

(b) A party to an offense under this chapter may not be

prosecuted for any offense about which he is required to furnish

evidence or testify, and the evidence and testimony may not be

used against the party in any adjudicatory proceeding except a

prosecution for aggravated perjury.

means a proceeding before a court or any other agency of

government in which the legal rights, powers, duties, or

privileges of specified parties are determined.

(d) A conviction under this chapter may be had upon the

uncorroborated testimony of a party to the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 47.09 by Acts 1993, 73rd Leg.,

ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 47.09. OTHER DEFENSES. (a) It is a defense to prosecution

under this chapter that the conduct:

(1) was authorized under:

(A) Chapter 2001, Occupations Code;

(B) Chapter 2002, Occupations Code; or

Statutes);

(2) consisted entirely of participation in the state lottery

authorized by Chapter 466, Government Code; or

(3) was a necessary incident to the operation of the state

lottery and was directly or indirectly authorized by:

(A) Chapter 466, Government Code;

(B) the lottery division of the Texas Lottery Commission;

(D) the director of the lottery division of the Texas Lottery

Commission.

(b) It is an affirmative defense to prosecution under Sections

47.04, 47.06(a), and 47.06(c) that the gambling device,

equipment, or paraphernalia is aboard an ocean-going vessel that

enters the territorial waters of this state to call at a port in

this state if:

(1) before the vessel enters the territorial waters of this

state, the district attorney or, if there is no district

attorney, the county attorney for the county in which the port is

located receives notice of the existence of the device,

equipment, or paraphernalia on board the vessel and of the

anticipated dates on which the vessel will enter and leave the

territorial waters of this state;

(2) at all times while the vessel is in the territorial waters

of this state all devices, equipment, or paraphernalia are

disabled, electronically or by another method, from a remote and

secured area of the vessel in a manner that allows only the

master or crew of the vessel to remove any disabling device;

(3) at all times while the vessel is in the territorial waters

of this state any disabling device is not removed except for the

purposes of inspecting or repairing the device, equipment, or

paraphernalia; and

(4) the device, equipment, or paraphernalia is not used for

gambling or other gaming purposes while the vessel is in the

territorial waters of this state.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May

16, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19,

1997; Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001.

Sec. 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. If 18

U.S.C. Section 1082 is repealed, the affirmative defenses

provided by Section 47.09(b) apply only if the vessel is

documented under the laws of the United States.

Added by Acts 1989, 71st Leg., ch. 1030, Sec. 4, eff. Sept. 1,

1989. Renumbered from Penal Code Sec. 47.12 by Acts 1990, 71st

Leg., 6th C.S., ch. 12, Sec. 2(27), eff. Sept. 6, 1990.

Renumbered from Penal Code Sec. 47.13 and amended by Acts 1993,

73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.