The bill amends the Texas Penal Code to clarify definitions related to gambling criminal offenses. It introduces a new definition for "economic benefit," which specifies that it refers to 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 still excluding various public locations such as streets, restaurants, and schools.
Furthermore, the bill revises the affirmative defense criteria for prosecution under gambling laws. It stipulates that for a defense to be valid, the gambling must occur in a private place, no economic benefit other than personal winnings should be received, and the risks and chances of winning must be equal for all participants, aside from skill or luck. The changes will apply only to offenses committed on or after the bill's effective date, with prior offenses governed by the existing law at the time of the offense. 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)
House Committee Report: Penal Code 47.01, Penal Code 47.04 (Penal Code 47)