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Amusements

Summaries

KP-0057
Ken Paxton

Participation in daily fantasy sports leagues is illegal gambling under Penal Code section 47.02.|Participants in traditional fantasy sports leagues may avail themselves of a statutory defense to prosecution under Penal Code subsection 47.02(b) when play is in a private place, no person receives any economic benefit other than personal winnings, and the risks of winning or losing are the same for all participants.|County indigent health care, commissioners court authority to adopt eligibility requirements

KP-0107
Ken Paxton

Sales agent license - language in Occupations Code section 53.021 does not authorize Lottery Commission to deny, suspend, or revoke a sales agent license due to deferred adjudication for offense of gambling|Deferred adjudication on a gambling-related offense - Lottery Commission may comply with applicable statutes and consider deferred adjudication on a gambling-related offense to be a conviction if circumstances meet requirements of 53.021(d), Occupations Code, thereby authorizing it to deny, suspend, or revoke license|Applicant character and fitness - Whether Lottery Commission may consider presence of illegal gambling activity at applicant's retail location in examining applicant's character and fitness under 466.151(e), Lottery Act, depends on facts|illegal gambling activity - court would likely conclude that Lottery Commission's express authority to make findings under 466.151(e), State Lottery Act, implies authority to determine whether particular activity constitutes illegal gambling, or if particular item constitutes an illegal gambling machine under Penal Code|"Professional gambler" - Court would likely conclude that rule broadening scope of the term "professional gambler" to include person who conducts or allows illegal gambling activity at proposed or existing lottery retail location would exceed authority Legislature granted to Lottery Commission|A court is not likely to infer authority from sections 466.351 and 466.355, Lottery Act, for the Lottery Commission to consider the presence of illegal activity at a retail location in deciding whether to deny, suspend, or revoke a sales agent license

KP-0153
Ken Paxton

Raffle prize by nonprofit charitable organization - because the award of alcohol as a raffle prize by is not prohibited by the Charitable Raffle Enabling Act and is not a sale or otherwise an activity regulated by the Alcoholic Beverage Code, a court would likely conclude that current law does not prohibit such a raffle prize

KP-0202
Ken Paxton

Transfer of commercial lessor license under Bingo Enabling Act|Transfer of right to lease more than one licensed authorized organization under the Bingo Enabling Act|Authority to reopen order granting transfer of commercial lessor license|Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure Act

KP-0218
Ken Paxton

Agritourism - statutory limitations on liability for private property owners when private aircraft lands for agritourism purposes

GA-0007
Greg Abbott

Commercial lessor license, continuation upon conversion of business entity or transfer of|Bingo commercial lessor license, continuation upon conversion of business entity or transfer of

GA-0097
Greg Abbott

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 begun|Raffles, whether raffle ticket holders may resell tickets|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 |Raffles, whether charitable organization may award refund of raffle ticket price as a prize, auction a raffle ticket for a price that is not printed on the ticket, or auction or sell additional tickets or chances after the drawing has begun|Lottery promotion, 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 begu

GA-0103
Greg Abbott

Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operate

GA-0173
Greg Abbott

Sales-tax exemption for bingo equipment purchased by municipal senior citizen community center|Bingo equipment purchased by municipal senior citizen community center, sales-tax exemption|Bingo, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia|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 paraphernalia|Gambling, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia

GA-0186
Greg Abbott

License, corporate applicant's eligibility for bingo manufacturer's or distributor's

GA-0248
Greg Abbott

Bingo TV, whether it is legal under Bingo Enabling Act|Sweepstakes, Bingo TV is not

GA-0278
Greg Abbott

Indian tribes, authority to engage in casino gambling in Texas|Indian Gaming Regulatory Act, application to federally recognized Indian tribes in Texas|Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, applicable to gaming by those two tribes|Video Lottery Terminals

GA-0286
Greg Abbott

Statutes regulating the manner of holding an election are directory and a departure from their provisions will not ordinarily invalidate an election, unless each departure affects or changes the result of the election|Statutory enactments concerning elections must be liberally construed in order to ascertain and effectuate the will of the voters|Submission of election predict returns to the Secretary of State, whether county's timely submission constitutes certification of election results within Texas Racing Act is fact question for the Commission|Certification of local option election results to Secretary of State within ten days, statute requiring is directory|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 application|Certification of election results is ministerial task

GA-0335
Greg Abbott

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 a|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 a

GA-0341
Greg Abbott

Charitable raffle, use of savings bonds and prepaid credit cards as prizes in a|Raffle, use of savings bonds and prepaid credit cards as prizes in a charitable

GA-0358
Greg Abbott

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 lottery

GA-0385
Greg Abbott

"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-0410
Greg Abbott

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 Code

GA-0458
Greg Abbott

Licensing requirements, manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment, definition of "person"|Licensing requirements, Texas Lottery Commission's authority to issue group license|Authority to issue group license to manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment|Person|Group

GA-0499
Greg Abbott

Nonsubstantive codification, the unambiguous language of must be effectuated unless there is an obvious error or effectuating the statute as written would lead to an absurd result\r\n|Health insurance and benefits for employees and their dependents, an authorized organization licensed to conduct bingo games is not allowed to incur expenses for

GA-0505
Greg Abbott

Agency orders, when void\r\nAuthority of agency to reopen orders that have become administratively final\r\n|Authority of Lottery Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Texas Lottery Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder|Authority of Commission to reopen an order granting a transfer of a commercial lessor license that has become administratively final\r\n\r\nOrders of the Commission, when void\r\n\r\nTransfer of a commercial bingo lessor license to a person other than a corporation formed or owned by the license holder\r\n|Codification to be give effect over prior repealed statute if specific provisions of a codification and the code as a whole are direct, unambiguous, and cannot be reconciled with prior law\r\n

GA-0520
Greg Abbott

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 \r\n|Pool slide, to the extent a municipality that operates is subject to the Amusement Ride Safety Insurance and Inspection Act but must purchase insurance only in amounts sufficient to satisfy the municipality’s potential liability under the Tort Claims Act\r\n

GA-0527
Greg Abbott

Eight-liner machine that reward play with a stored-value card is a gambling device

GA-0533
Greg Abbott

Contraband, sale by county|Conditioning sale of gambling contraband on agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n |Authority of commissioners court to condition sale of seized gambling contraband on bidder’s agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n\r\n

GA-0541
Greg Abbott

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\r\n|Bingo|Electronic pull-tab bingo

GA-0563
Greg Abbott

Manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Bingo manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Holding company|Equitable or credit interest

GA-0591
Greg Abbott

Event ticket game with "graphic and dynamic" video confirmation|Video confirmation device described as "graphic and dynamic" used solely to inform players of th winning numbers in a bingo game|Rules on "graphic and dynamic" video confirmation device for event ticket game|Event ticket|Smart card

GA-0592
Greg Abbott

Raffle-style game, Lottery Commission may not operate |Raffle-style game, Commission may not operate

GA-0602
Greg Abbott

Venue project, Terrell County may not borrow money to pay to construct|Venue project, Terrell County may not borrow money

GA-0675
Greg Abbott

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 use

GA-0804
Greg Abbott

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 the|Squares game

GA-0812
Greg Abbott

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 Code

GA-0837
Greg Abbott

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 the

GA-0867
Greg Abbott

Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.|Citizenship|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.|Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179e|Fact questions cannot be answered in an attorney general opinion. U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves mixed questions of fact and law.|U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves questions of fact that cannot be answered in an attorney general opinion.|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.

GA-0913
Greg Abbott

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 novelties|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 illegal|Gambling device

GA-0926
Greg Abbott

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 Code

GA-0931
Greg Abbott

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 the|Major Events Trust Fund, the Comptroller 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 the

GA-0950
Greg Abbott

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 for

GA-0963
Greg Abbott

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 regarding

GA-1052
Greg Abbott

Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the METF statute|Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statute|Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statute article 5190.14, section 5A to adopt rules to implement the METF statute

GA-1065
Greg Abbott

Lottery Commission - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses|Bingo-related licenses - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses

DM-0032
Dan Morales

Indian tribes, right to conduct gaming on Indian land in states that otherwise allow gaming, as regulated by Indian Gaming Regulatory Act | Indian tribes, right to conduct class III gaming on Indian lands in Texas if legislature authorizes class III gaming on Texas waters

DM-0062
Dan Morales

Bingo games, Commission may not waive fee for small prizes in|Bingo games, Alcoholic Beverage Commission may not waive fee for small prizes in|Alcoholic Beverage Commission may not waive fee for small prizes in bingo games

DM-0063
Dan Morales

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 annually|Bingo games, interest on delinquent tax payments due on taxable gross receipts from conduct of and penalty is ten percent annually

DM-0083
Dan Morales

Bingo, organizations that may conduct limited to those specified in Texas Constitution|Organizations that may conduct bingo games limited to those specified in Texas Constitution

DM-0110
Dan Morales

Admission fee|Pay-per-view fees charged to subscribers of boxing match simulcast, gross receipts tax does not apply|Cable television company charging pay-per-view fee to subscribers to live boxing simulcast need not be licensed as boxing promoter; pay-per-view fees are not subject to three-percent gross receipts tax|Boxing promoter, cable television company charging pay-per-view fee for live simulcast of boxing match is not|Boxing match, gross receipts tax on admission fees to view does not apply to pay-per-view fees charged by cable television company to subscribers for live simulcast|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 tax

DM-0112
Dan Morales

Carnival contest|Casino night|Bet|Nonprofit corporation, legality of "casino night" fundraising by

DM-0211
Dan Morales

Rules proposed by Texas Greyhound Association for use of breakage allocated to it are subject to approval by Commission|Breakage|Breakage generated by pari-mutuel wagering on greyhound races, allocation of

DM-0305
Dan Morales

Computerized or electronic device|Public accommodation|Power bingo system, Americans with Disabilities Act prohibits charging handicapped person for use of|Power bingo system, whether availability to handicapped persons is required by Americans with Disabilities Act|Americans with Disabilities Act, whether charging handicapped persons fee for use of power bingo system prohibited by and whether availability of power bingo system to handicapped persons is required by|Public accommodation, licensed bingo operation is "place of public accommodation"|Device using keypad and electronic memory as aid in bingo prohibited

DM-0327
Dan Morales

Racetrack premises, authority of private security guards and off duty peace officers to carry firearms on|Private security guards and off-duty peace officers, authority to carry firearms on racetrack premises|Off-duty peace officers, authority to carry firearms on racetrack premises

DM-0344
Dan Morales

Gambling laws, application to persons in separate locations who bet on card games using computers and to persons facilitating such bets|Betting on card games by computer, application of gambling laws to persons doing so from separate locations|Computers, application of gambling laws to persons in separate locations who bet on card games by using

DM-0388
Dan Morales

Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those duties|Athletic trainer, no one, including a coach, may perform as unless licensed

DM-0408
Dan Morales

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

DM-0429
Dan Morales

Amusement park operated on real property owned by state university, whether property is exempt from ad valorem tax|Real property owned by state university and operated as amusement park, whether subject to ad valorem tax

DM-0442
Dan Morales

Currency Exchange Act, Department may not enforce on Indian reservation|Currency Exchange Act may not be enforced on Kickapoo Indian Reservation because incompatible with federal and tribal interests|Indian reservation, Banking Department may not enforce Currency Exchange Act on gambling facility operated on

DM-0466
Dan Morales

Gambling, Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect to|Gambling offense, Commission has rulemaking and statutory authority to regulate permittees and licensees found to have engaged in|Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas Constitution

JC-0001
John Cornyn

Racetrack admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Occupation tax, racetrack admission fee collected by Harris County to distribute to municipalities constitutes because municipalities have no authority to regulate racetrack outside their jurisdiction

JC-0046
John Cornyn

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 raffles|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\r\n\r\n

JC-0064
John Cornyn

Filed|Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submitted|License to sell lottery tickets, Lottery Commission may not renew unless application timely filed|License to conduct games, Lottery Commission may not renew unless application timely filed|Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submitted

JC-0111
John Cornyn

Certificate of deposit|Money|Charitable Raffle Enabling Act, if certificate of deposit may be offered as a prize under|Charitable Raffle Enabling Act, certificate of deposit may not be offered as a prize under

JC-0174
John Cornyn

Test drive, automobile dealer's contest that requires entrant to participate in is not a lottery

JC-0201
John Cornyn

HIV testing for professional boxers, Department may not by rule require|HIV testing for professional boxers, Department of Licensing and Regulation may not by rule require

JC-0296
John Cornyn

Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipment

JC-0315
John Cornyn

Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward|Historically underutilized business participation goal, Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward

JC-0449
John Cornyn

Bingo occasion|Gambling device|Game of chance|Video poker during bingo occasion, Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play|Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play

JC-0450
John Cornyn

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 prohibiting

JC-0466
John Cornyn

Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determine|Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of Mexico|Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both the State of Texas and the United States, law of ship's flag state and international law|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 s

JC-0480
John Cornyn

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 defenses

JC-0482
John Cornyn

Particular "charitable sweepstakes fundraising program" conducted by private nonprofit corporation is illegal under Texas law

JC-0581
John Cornyn

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 one

JM-1134
Jim Mattox

Nonpari-mutuel racetracks may not be regulated by Racing Commission|Racing Act delegates legislative authority without sufficient standards to allow Racing Commission to regulate nonpari-mutuel racetracks|Nonpari-mutuel racetracks may not be regulated by

JM-1176
Jim Mattox

Charitable raffle, school district not qualified to hold under Charitable Raffle Enabling Act but parent-teacher association may be qualified|School district not qualified to hold charitable raffle under Charitable Raffle Enabling Act, but parent-teacher association may be qualified

JM-1180
Jim Mattox

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 a

JM-1265
Jim Mattox

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 enterprise|College scholarships awarded by school district, funding by money raised by PTA and similar organizations that has become public school property|Necessary

JM-1267
Jim Mattox

Gaming activities that do not comprise elements of a lottery, without amending the constitution the legislature may amend chapter 47 of the Penal Code to authorize|Gaming activities that do not comprise elements of a lottery, authority of the legislature to permit without constitutional amendment|Consideration, prize, and chance are the elements of a lottery