Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 47.09 - Other Defenses

CHAPTER 47. GAMBLING

        § 47.09.  OTHER DEFENSES.
        (a)  It is a defense to prosecution under this chapter that the conduct:
                (1)  was authorized under:
                        (A)  Chapter 2001, Occupations Code;
                        (B)  Chapter 2002, Occupations Code;  or
                        (C)  the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes);
                (2)  consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code;  or
                (3)  was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:
                        (A)  Chapter 466, Government Code;
                        (B)  the lottery division of the Texas Lottery Commission;
                        (C)  the Texas Lottery Commission;  or
                        (D)  the director of the lottery division of the Texas Lottery Commission.
        (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:
                (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;
                (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;
                (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
                (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.

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