The bill amends the Texas Penal Code to clarify definitions related to gambling criminal offenses. It introduces a new definition for "economic benefit," which is specified as direct winnings from a game of skill or luck, excluding any benefits received before the game starts or after the winnings are paid. Additionally, the definition of "private place" is modified to require valid membership, special invitation, or prior permission for public access, while explicitly excluding various public locations such as streets, restaurants, and schools.

Furthermore, the bill establishes an affirmative defense to prosecution for gambling offenses if the gambling occurred in a private place, no economic benefit was received other than personal winnings, and the risks and chances were equal for all participants, aside from skill or luck. The changes will only apply to offenses committed on or after the bill's effective date, with prior offenses governed by the law in effect at the time they were committed. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

Statutes affected:
Introduced: Penal Code 47.01, Penal Code 47.04 (Penal Code 47)