Cumulative Subject Index
AG Opinions 1990-Present

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AMUSEMENTS
Amusement park operated on real property owned by state university, whether property is exempt from ad valorem taxDM-0429
Amusement Ride Safety Insurance and Inspection Act, to the extent a municipality that operates a pool slide is a person operating an amusement ride, the municipality is subject to the GA-0520
Amusement Ride Safety Insurance and Inspection Act, to the extent a municipality that operates a pool slide is a person operating an amusement ride, the municipality is subject to the GA-0520
Charitable raffle prize may be valued in excess of $50,000 if prize was not purchased by organization and organization gave no consideration for prize JC-0046
County gaming districts, absent a constitutional amendment the legislature may not authorize creation of such districts on a local option basis to administer a state video lotteryGA-0358
Payment of an entry fee to participate in a contest that tests skill or speed and does not involve an element of chance is likely not a bet as provided by subsection 47.01(B) of the Texas Penal CodeGA-0926
Raffle proceeds may be used to pay reasonable, incidental, and necessary expenses of conducting raffle from which proceeds were raised, but no raffle proceeds may be used to fund subsequent rafflesJC-0046
Simulated check requirement under Contest and Gift Giveaway Act, when applicableLO98-088
Tattoo, minimum age for obtaining is eighteen yearsLO92-057
Unclaimed prize in matched contest, prize may not revert to offeror but must be awarded by drawingLO98-088
Bingo
A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with "noncash merchandise prizes, toys, or novelties," as that phrase is used in subsection 47.01(4)(B) of the Penal CodeGA-0812
Alcoholic Beverage Commission may not waive fee for small prizes in bingo gamesDM-0062
Authority of Lottery Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final Orders of the Texas Lottery Commission, when void Transfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holderGA-0505
Bingo TV, whether it is legal under Bingo Enabling ActGA-0248
Commercial lessor license, continuation upon conversion of business entity or transfer ofGA-0007
Device using keypad and electronic memory as aid in bingo prohibitedDM-0305
Event ticket game with "graphic and dynamic" video confirmationGA-0591
Health insurance and benefits for employees and their dependents, an authorized organization licensed to conduct bingo games is not allowed to incur expenses forGA-0499
Illegal lottery, “electronic pull-tab bingo” is not within the authorization for bingo in article III, section 47(b) of Texas Constitution and is therefore an GA-0541
Jeopardy determination of delinquent tax payments due on taxable gross receipts from conduct of bingo games, interest rate on delinquent tax and penalty is ten percent annuallyDM-0063
Lease and sublease of bingo premises, when lessor and sublessor must hold commercial lessor's licenseLO93-099
License to conduct games, Lottery Commission may not renew unless application timely filedJC-0064
License, corporate applicant's eligibility for bingo manufacturer's or distributor'sGA-0186
Licensee's nonforfeitable written promise to pay taxes and prize fees, Lottery Commission may not accept as securityLO93-117
Licensing requirements, manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment, definition of "person"GA-0458
Licensing requirements, Texas Lottery Commission's authority to issue group licenseGA-0458
Manufacturer's or distributor's license eligibility, equitable or credit interest in a holding companyGA-0563
Municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption, exemption provides a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernaliaGA-0173
Organizations that may conduct bingo games limited to those specified in Texas ConstitutionDM-0083
Out-of-state bingo game, person in Texas may not participate inLO90-088
Price fixing, revenue-share leasing agreement that permits manufacturer of bingo equipment to control price at which distributor leases equipment to conductor violates Bingo Enabling Act provision prohibitingJC-0450
Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipmentJC-0296
Public accommodation, licensed bingo operation is "place of public accommodation"DM-0305
Raffle ticket, a bingo conductor may not award as a bingo prize; conduct would constitute gambling offense and, as it is not expressly authorized by either the Bingo Enabling Act or the Charitable Raffle Enabling Act, it would not fall within the defensesJC-0480
Rented bingo premises, lessor of may charge lessee-sublessor $600 for each day of sublease term on which bingo is conducted on the propertyLO96-024
Video confirmation device described as "graphic and dynamic" used solely to inform players of th winning numbers in a bingo gameGA-0591
Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to playJC-0449
Gambling
"Poker run" in which participants are entitled to receive a five-card hand for each $10.00 donation they make to a charitable cause and will receive cash prizes for the best, second best, and worst hands, sponsoring nonprofit organization violates Penal Code section 47.03(a)(3) and (5)GA-0385
A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with "noncash merchandise prizes, toys, or novelties," as that phrase is used in subsection 47.01(4)(B) of the Penal CodeGA-0812
Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas ConstitutionDM-0466
Amount specified in the Charitable Raffle Enabling Act, the cap on the value of a residential dwelling that has not yet been constructed and that is offered or awarded as a prize at a raffle for which a qualified organization provides any consideration is theGA-0837
Casino boats, Texas peace officers acting as security guards have authority to make arrests under state law within state's territorial waters; on the high seas, beyond jurisdiction of both the State of Texas and the United States, the law of ship's flag sJC-0466
Casino games of chance, Legislature may authorize without amendment to article III, section 47 of the Texas Constitution only if they do not comprise a lottery or gift enterpriseJM-1265
Charitable Raffle Enabling Act, certificate of deposit may not be offered as a prize underJC-0111
Computers, application of gambling laws to persons in separate locations who bet on card games by usingDM-0344
Contraband, sale by countyGA-0533
Eight-liner machine that reward play with a stored-value card is a gambling deviceGA-0527
Eight-liner machines are gambling devices under the Penal Code and thus illegal because they issue tickets redeemable for some items that do not constitute noncash merchandise prizes, toys, or noveltiesGA-0913
Gambling device, whether machine that dispenses sweepstakes tickets isLO97-008
Gaming activities that do not comprise elements of a lottery, authority of the legislature to permit without constitutional amendmentJM-1267
If an eight-liner machine is designed, made, or adapted as anything other than a pure amusement device, the machine cannot meet the requirement of subsection 47.01(4)(B) of the Penal Code and is therefore illegalGA-0913
Indian Gaming Regulatory Act, application to federally recognized Indian tribes in TexasGA-0278
Indian reservation, Banking Department may not enforce Currency Exchange Act on gambling facility operated onDM-0442
Indian tribes, authority to engage in casino gambling in TexasGA-0278
Indian tribes, right to conduct class III gaming on Indian lands in Texas if legislature authorizes class III gaming on Texas watersDM-0032
Nonprofit corporation, legality of "casino night" fundraising byDM-0112
Offense of gambling under section 47.02 and the offense of gambling promotion under section 47.03, charitable squares game as described does not implicate theGA-0804
Out-of-state gambling, person in Texas may not participate inLO90-088
Particular "charitable sweepstakes fundraising program" conducted by private nonprofit corporation is illegal under Texas lawJC-0482
Poker tournament in which participants do not risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may host aGA-0335
Poker tournament in which participants risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may not host aGA-0335
Raffle ticket, a bingo conductor may not award as a bingo prize; conduct would constitute gambling offense and, as it is not expressly authorized by either the Bingo Enabling Act or the Charitable Raffle Enabling Act, it would not fall within the defensesJC-0480
Raffles, charitable organization that awards cash refund of raffle ticket price as a prize, auctions a raffle ticket for a price that is not printed on the ticket, or auctions off or sells additional tickets or chances after the drawing has begun may not GA-0097
Sporting events, nonparticipants' wagering on outcome constitutes gambling offense under Penal CodeLO94-051
Staging fights between hogs and dogs is a criminal offenseLO94-071
University association, legality of "casino night" fundraising byLO92-018
Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to playJC-0449
Lotteries
Cash equivalent of a prize, Lottery Commission must award to a person who is at least 18 years of age but not yet 21 years of age in accordance with section 466.405 of the Government CodeGA-0410
Charitable raffle, use of savings bonds and prepaid credit cards as prizes in aGA-0341
Consideration, prize, and chance are the elements of a lotteryJM-1267
Gambling device, whether machine that dispenses sweepstakes tickets isLO97-008
License to sell lottery tickets, Lottery Commission may not renew unless application timely filedJC-0064
Out-of-state lottery, person in Texas may not participate inLO90-088
Promotional second-chance drawings for losing tickets, pursuant to broad authority under State Lottery Act and absent prohibition otherwise, it is likely that Texas Lottery Commission has authority to utilize Internet forGA-0950
Qualified nonprofit corporation under Charitable Raffle Enabling Act, opposition before Department of Health of approval of landfill permit does not constitute lobbying and does not disqualify organization from being aJM-1180
Raffle ticket, a bingo conductor may not award as a bingo prize; conduct would constitute gambling offense and, as it is not expressly authorized by either the Bingo Enabling Act or the Charitable Raffle Enabling Act, it would not fall within the defensesJC-0480
Raffle-style game, Lottery Commission may not operate GA-0592
Raffles, whether charitable organization may award cash refund of raffle ticket price as a prize, auction and raffle ticket for a price that is not printed on the ticket, or auction off or sell additional tickets or chances after the drawing has begunGA-0097
Raffles, whether raffle ticket holders may resell ticketsGA-0097
School district not qualified to hold charitable raffle under Charitable Raffle Enabling Act, but parent-teacher association may be qualifiedJM-1176
Sweepstakes ticket sold with long-distance telephone card, conditions necessary for Lottery Commission to find it a prohibited lotteryLO97-008
Test drive, automobile dealer's contest that requires entrant to participate in is not a lotteryJC-0174
Lottery Commission
Electronically readable information encoded on the magnetic stripe of a driver’s license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to useGA-0675
Racing
Admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdictionJC-0001
Bankruptcy proceeding, Racing Commission may revoke racetrack license if licensee has been subject toLO92-078
Breakage generated by pari-mutuel wagering on greyhound races, allocation ofDM-0211
Breeders' Cup races for which race track may obtain reimbursement for capital costs and improvements under section 6.094 of the Texas Racing Act, "The Great State Challenge" does not qualify as oneJC-0581
Cross-simulcasting, Racing Commission may not promulgate rule authorizing wagers onLO96-036
Fees collected at licensed racetrack to be used solely to enforce provisions of Racing Act, but not limited solely to use of county or district attorney's officeLO90-050
Horse owners' association, authority of racetrack to pay percentage of winner's prize toLO95-042
Investor in racetrack with pari-mutuel wagering must be licensed by Racing CommissionLO93-044
Nonpari-mutuel racetracks may not be regulated by Racing CommissionJM-1134
Percentage of total gross monies allocated from betting handle to the purse, whether under article 179e, Revised Civil Statutes, a racetrack may pay to a horse owners' organizationLO95-042
Private security guards and off-duty peace officers, authority to carry firearms on racetrack premisesDM-0327
Racetrack license held by corporation, Racing Commission may reinstate if new owner of corporation was not associated with corporation that formerly owned racetrackLO92-078
Reinstatement of racetrack license, duty of Racing Commission to investigate individual who requests and who has not been subject to prior investigation (Clarifies and Modifies Tex. Att'y Gen. LO-92-078 & LO-92-001)LO93-029
Results of a local option election on pari-mutuel wagering propositions must be certified to the Secretary of State before the Texas Racing Commission may accept or act on a license applicationGA-0286
Simulcast races, application for wagering on when racetrack facility incomplete or has not yet conducted live racesLO96-137
Simulcasting, Racing Commission may promulgate rule authorizing at a class 3 or 4 racetrack on dates unconnected with livestock show, exhibition, or fairLO96-036
Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.GA-0867
Racing Commission
Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179eGA-0867
Sports and Athletics
Athletic trainer, no one, including a coach, may perform as unless licensedDM-0388
Boxing and Wrestling Act, Department of Licensing and Regulation has duty to enforceLO90-046
Boxing match, cable television company charging pay-per-view fee for live simulcast of is not boxing promoter and is not subject to three-percent gross receipts taxDM-0110
Boxing match, whether promoter is required to pay gross receipt tax on proceeds from sale of right to televiseLO93-067
Coliseum concession contract, county's authority to enter into contract that authorizes assignment of contract and option to extend lease termLO98-057
Concealed handgun law and Penal Code prohibit license holder from carrying concealed handgun on premises of school or educational institution during high school or collegiate sporting eventLO96-009
Eligibility for funds from the Major Events Trust Fund, requirement of prior application to site selection organization by a local organizing committee, endorsing municipality, or endorsing county regardingGA-0963
HIV testing for professional boxers, Department of Licensing and Regulation may not by rule requireJC-0201
Horse-tripping, person who intentionally engages in may be convicted of torturing an animalLO94-095
Major Events Trust Fund, the Comptroller of Public Accounts is required to follow the precise procedures described in section 5A, article 5190.14 of the Revised Civil Statutes before committing expenditure of funds from theGA-0931
Martial arts events in which contestants exchange blows with hands, arms, feet, or legs, Department of Licensing and Regulation has authority to regulate as boxingLO96-040
Professional baseball and football facilities, county's authority to provideLO96-120
Venue project, Terrell County may not borrow money to pay to constructGA-0602
Wager on outcome of sporting events by nonparticipants constitutes gambling offense under Penal CodeLO94-051
State Lottery
Events where alcoholic beverages are sold for on-premises consumption, if promotional activities for the state lottery do not involve sale of lottery tickets they are permitted atLO98-089
Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity towardJC-0315
Prizes, Lottery Commission may not prioritize deductions from prizes contrary to statuteLO98-126
Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners fromDM-0408
Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operateGA-0103
Revised: June 08, 2012