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1994 Texas Attorney General Reports and Opinions 1468 (1994)

handle is hein.sag/sagtx0055 and id is 1 raw text is: @ffice of the lttornep kneral 6tate of ecxas DAN MORALES mORNLY GENERAL January 3, 1994 Honorable Ken Armbrister Opinion No. DM-280 Chair Committee on Intergovernmental Relations Re: Whether Senate Bill 522, Acts Texas State Senate 1993, 73d Leg., ch. 774, which sets forth P.O. Box 12068 certain exceptions to the definition of the Austin, Texas 78711 term gambling device, conflicts with provisions of Senate Bill 1067, Acts 1993, 73d Leg., ch. 900, defining that term (RQ-609) Dear Senator Armbrister: You ask whether Senate Bill 522, setting forth certain exceptions to the definition of the term gambling device, conflicts with provisions of Senate Bill 1067 defining that term. The legislature recently enacted Senate Bill 1067, which significantly revises the Penal Code. See Acts 1993, 73d Leg., ch. 900. Senate Bill 1067 amends the definition of the term gambling device in section 47.01 of the Penal Code as follows: Gambling device means any contrivance 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. Id. § 1.01 (italics indicate new language). This provision will become effective September 1, 1994. Id. § 1.19. It was enacted by the legislature on May 29, 1993. H.J. of Tex., 73d Leg., at 5164 (1993). Senate Bill 522 amends the section 47.01 definition of the term gambling device as follows: (3) Gambling device means any electronic, electromechan- ical, or mechanical contrivance not excluded under Paragraph (B) of this subdivision 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. Gambling device: (A) includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or p. 1468

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