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Amend CSHB 2159 by striking all below the enacting clause and 
substituting the following:
	SECTION 1. Section 47, Penal Code, is amended to read as 
follows:            
	Sec. 47.04. KEEPING A GAMBLING PLACE. (a) A person commits an 
offense if he knowingly uses or permits another to use as a gambling 
place any real estate, building, room, tent, vehicle, boat, or 
other property whatsoever owned by him or under his control, or 
rents or lets any such property with a view or expectation that it 
be so used.
	(b) It is an affirmative defense to prosecution under this 
section that:     
		(1) the gambling occurred in a private place;                                 
		(2) no person received any economic benefit other than 
personal winnings; and
		(3) except for the advantage of skill or luck, the risks 
of losing and the chances of winning were the same for all 
participants.
	(c) An offense under this section is a Class A misdemeanor.                    
	(d) This section does not apply to a member of the Kickapoo 
Traditional Tribe of Texas who possesses documentation of 
membership issued by the Bureau of Indian Affairs and the gambling 
activity the participants were engaged in was the game of 
Tic-Tac-Toe, Hangman, or Old Maid.
	SECTION 2. This Act takes effect January 1, 2005.