1994 Texas Attorney General Reports and Opinions 1468 (1994)

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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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