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Texas Laws | Penal Code
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

(A) Chapter 466, Government Code; (5975)

(B) the lottery division of the Texas Lottery Commission; (5976)

(C) the Texas Lottery Commission; or (5977)

(D) the director of the lottery division of the Texas Lottery Commission. (5978)

Text of subsection effective on April 01, 2019 (5979)

(a) It is a defense to prosecution under this chapter that the conduct: (5980)

(1) was authorized under: (5981)

(A) Chapter 2001, Occupations Code; (5982)

(B) Chapter 2002, Occupations Code; (5983)

(C) Chapter 2004, Occupations Code; (5984)

(D) Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (5985)

(E) Chapter 280, Finance Code; (5986)

(2) consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or (5987)

(3) was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by: (5988)

(A) Chapter 466, Government Code; (5989)

(B) the lottery division of the Texas Lottery Commission; (5990)

(C) the Texas Lottery Commission; or (5991)

(D) the director of the lottery division of the Texas Lottery Commission. (5992)

(b) It is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: (5993)

(1) before the vessel enters the territorial waters of this state, the district attorney or, if there is no district attorney, the county attorney for the county in which the port is located receives notice of the existence of the device, equipment, or paraphernalia on board the vessel and of the anticipated dates on which the vessel will enter and leave the territorial waters of this state; (5994)

(2) at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are disabled, electronically or by another method, from a remote and secured area of the vessel in a manner that allows only the master or crew of the vessel to remove any disabling device; (5995)

(3) at all times while the vessel is in the territorial waters of this state any disabling device is not removed except for the purposes of inspecting or repairing the device, equipment, or paraphernalia; and (5996)

(4) the device, equipment, or paraphernalia is not used for gambling or other gaming purposes while the vessel is in the territorial waters of this state. (5997)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May 16, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001. (5998)

Amended by: (5999)

Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 3, eff. January 1, 2016. (6000)

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.10, eff. April 1, 2019. (6001)

Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 5, eff. November 7, 2017. (6002)

Sec. 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. (6003)(Text)

If 18 U.S.C. Section 1082 is repealed, the affirmative defenses provided by Section 47.09(b) apply only if the vessel is documented under the laws of the United States. (6004)

Added by Acts 1989, 71st Leg., ch. 1030, Sec. 4, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 47.12 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(27), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 47.13 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (6005)

Sec. 47.11. DEPOSITS IN CERTAIN ACCOUNTS NOT CONSIDERATION. (6006)(Text)

For purposes of this chapter, opening or making a deposit in a savings account or other savings program subject to a savings promotion raffle under Chapter 280, Finance Code, does not constitute consideration. (6007)

Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 6, eff. November 7, 2017. (6008)

CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH (6009)(Text)

Sec. 48.01. SMOKING TOBACCO. (6010)(Text)

(a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code. (6011)

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place. (6012)

(b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500. (6013)

(c) All conveyances and public places set out in Subsection (a-1) shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped. (6014)

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