(1) was authorized under:

(A) the Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes);

(B) the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or

(C) the Charitable Raffle Enabling Act (Article 179f, Revised Statutes);

(2) [amended 9/1/95] consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or

(3) [amended 9/1/95] was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:

(A) Chapter 466, Government Code;

(B) [amended 6/19/97] the lottery division of the Texas Lottery Commission;

(C) [amended 6/19/97] the Texas Lottery Commission; or

(D) [amended 6/19/97] the director of the lottery division of the Texas Lottery Commission.

(b) [amended 5/16/97] 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) except as permitted by Subdivision (3), at all times while the vessel is in the territorial waters of this state:

(A) the portion of the vessel in which the device, equipment, or paraphernalia is located is locked or otherwise physically secured in a manner that makes the area inaccessible to anyone other than the master and crew of the vessel; or

(B) all devices, equipment, or paraphernalia are:

(i) covered in a manner that prevents the use or viewing of the device, equipment, or paraphernalia and that allows only the master or crew of the vessel to uncover the device, equipment, or paraphernalia; and

(ii) 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, no person other than the master and crew of the vessel is permitted, except for the purposes of inspecting or repairing the device, equipment, or paraphernalia, to:

(A) enter or view the portion of the vessel in which the device, equipment, or paraphernalia is locked or secured under Subdivision (2)(A); or

(B) uncover the device, equipment, or paraphernalia or remove any disabling device located on the vessel; 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.

(B) the lottery division of the comptroller's office;

(C) the comptroller; or

(D) the director of the lottery division.

(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) the portion of the vessel in which the device, equipment, or paraphernalia is located is locked or otherwise physically secured in a manner that makes the area inaccessible to anyone other than the master and crew of the vessel at all times while the vessel is in the territorial waters of this state;

(3) no person other than the master and crew of the vessel is permitted to enter or view the portion of the vessel in which the device, equipment, or paraphernalia is located while the vessel is in the territorial waters of this state; 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.

(2) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Article 179g, Vernon's Texas Civil Statutes); or

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

(A) State Lottery Act;

(B) lottery division of the comptroller's office;

(C) comptroller; or

(D) director of the lottery division.