Tex.
Penal Code Section 47.01
Definitions
Mentioned in
Daily Fantasy Sports and the 'Fuzzy Animal' Debate in Texas
UNLV Law Journal, January 1, 2020
“Texas Penal Code §47.01(4) is the so-called ‘fuzzy animal’ exception, which is ambiguous and is both loved and hated. It is, at best, a badly written statute.”
Bibliographic info
(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(C)
an offer of merchandise, with a value not greater than $25, 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(C)
a scheme by three or more persons to receive, record, 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.
Source:
Section 47.01 — Definitions, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.47.htm#47.01 (accessed Jun. 5, 2024).
