| AMUSEMENTS |
| 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-0107 |
| Agritourism - statutory limitations on liability for private property owners when private aircraft lands for agritourism purposes | KP-0218 |
| Amusement park operated on real property owned by state university, whether property is exempt from ad valorem tax | DM-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 lottery | GA-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 Code | GA-0926 |
| 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-0153 |
| 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 | JC-0046 |
| Simulated check requirement under Contest and Gift Giveaway Act, when applicable | LO98-088 |
| Tattoo, minimum age for obtaining is eighteen years | LO92-057 |
| Unclaimed prize in matched contest, prize may not revert to offeror but must be awarded by drawing | LO98-088 |
| 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 Code | GA-0812 |
| Alcoholic Beverage Commission may not waive fee for small prizes in bingo games | DM-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 holder | GA-0505 |
| Bingo TV, whether it is legal under Bingo Enabling Act | GA-0248 |
| Commercial lessor license, continuation upon conversion of business entity or transfer of | GA-0007 |
| Device using keypad and electronic memory as aid in bingo prohibited | DM-0305 |
| Event ticket game with "graphic and dynamic" video confirmation | GA-0591 |
| 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-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 annually | DM-0063 |
| Lease and sublease of bingo premises, when lessor and sublessor must hold commercial lessor's license | LO93-099 |
| License to conduct games, Lottery Commission may not renew unless application timely filed | JC-0064 |
| License, corporate applicant's eligibility for bingo manufacturer's or distributor's | GA-0186 |
| Licensee's nonforfeitable written promise to pay taxes and prize fees, Lottery Commission may not accept as security | LO93-117 |
| 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 license | GA-0458 |
| 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 | GA-1065 |
| Manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company | GA-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 paraphernalia | GA-0173 |
| Organizations that may conduct bingo games limited to those specified in Texas Constitution | DM-0083 |
| Out-of-state bingo game, person in Texas may not participate in | LO90-088 |
| 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 prohibiting | JC-0450 |
| Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipment | JC-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 defenses | JC-0480 |
| Rented bingo premises, lessor of may charge lessee-sublessor $600 for each day of sublease term on which bingo is conducted on the property | LO96-024 |
| Transfer of commercial lessor license under Bingo Enabling Act | KP-0202 |
| Transfer of right to lease more than one licensed authorized organization under the Bingo Enabling Act | KP-0202 |
| Video confirmation device described as "graphic and dynamic" used solely to inform players of th winning numbers in a bingo game | GA-0591 |
| Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play | JC-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 Code | GA-0812 |
| Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas Constitution | DM-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 the | GA-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 s | JC-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 enterprise | JM-1265 |
| Charitable Raffle Enabling Act, certificate of deposit may not be offered as a prize under | JC-0111 |
| Computers, application of gambling laws to persons in separate locations who bet on card games by using | DM-0344 |
| Contraband, sale by county | GA-0533 |
| Eight-liner machine that reward play with a stored-value card is a gambling device | GA-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 novelties | GA-0913 |
| Gambling device, whether machine that dispenses sweepstakes tickets is | LO97-008 |
| Gaming activities that do not comprise elements of a lottery, authority of the legislature to permit without constitutional amendment | JM-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 illegal | GA-0913 |
| Indian Gaming Regulatory Act, application to federally recognized Indian tribes in Texas | GA-0278 |
| Indian reservation, Banking Department may not enforce Currency Exchange Act on gambling facility operated on | DM-0442 |
| Indian tribes, authority to engage in casino gambling in Texas | GA-0278 |
| Indian tribes, right to conduct class III gaming on Indian lands in Texas if legislature authorizes class III gaming on Texas waters | DM-0032 |
| Nonprofit corporation, legality of "casino night" fundraising by | DM-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 the | GA-0804 |
| Out-of-state gambling, person in Texas may not participate in | LO90-088 |
| 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. | KP-0057 |
| Participation in daily fantasy sports leagues is illegal gambling under Penal Code section 47.02. | KP-0057 |
| Particular "charitable sweepstakes fundraising program" conducted by private nonprofit corporation is illegal under Texas law | JC-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 a | GA-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 a | GA-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 defenses | JC-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 Code | LO94-051 |
| Staging fights between hogs and dogs is a criminal offense | LO94-071 |
| University association, legality of "casino night" fundraising by | LO92-018 |
| Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play | JC-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 Code | GA-0410 |
| Charitable raffle, use of savings bonds and prepaid credit cards as prizes in a | GA-0341 |
| Consideration, prize, and chance are the elements of a lottery | JM-1267 |
| Gambling device, whether machine that dispenses sweepstakes tickets is | LO97-008 |
| License to sell lottery tickets, Lottery Commission may not renew unless application timely filed | JC-0064 |
| Out-of-state lottery, person in Texas may not participate in | LO90-088 |
| 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 for | GA-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 a | JM-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 defenses | JC-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 begun | GA-0097 |
| Raffles, whether raffle ticket holders may resell tickets | GA-0097 |
| School district not qualified to hold charitable raffle under Charitable Raffle Enabling Act, but parent-teacher association may be qualified | JM-1176 |
| Sweepstakes ticket sold with long-distance telephone card, conditions necessary for Lottery Commission to find it a prohibited lottery | LO97-008 |
| Test drive, automobile dealer's contest that requires entrant to participate in is not a lottery | JC-0174 |
| Lottery Commission |
| "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 | KP-0107 |
| 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 | KP-0107 |
| Authority to reopen order granting transfer of commercial lessor license | KP-0202 |
| 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 | GA-1065 |
| Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure Act | KP-0202 |
| 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 | KP-0107 |
| 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-0675 |
| 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 | KP-0107 |
| 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 | KP-0107 |
| Racing |
| Admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction | JC-0001 |
| Bankruptcy proceeding, Racing Commission may revoke racetrack license if licensee has been subject to | LO92-078 |
| Breakage generated by pari-mutuel wagering on greyhound races, allocation of | DM-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 one | JC-0581 |
| Cross-simulcasting, Racing Commission may not promulgate rule authorizing wagers on | LO96-036 |
| 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 office | LO90-050 |
| Horse owners' association, authority of racetrack to pay percentage of winner's prize to | LO95-042 |
| Investor in racetrack with pari-mutuel wagering must be licensed by Racing Commission | LO93-044 |
| Nonpari-mutuel racetracks may not be regulated by Racing Commission | JM-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' organization | LO95-042 |
| Private security guards and off-duty peace officers, authority to carry firearms on racetrack premises | DM-0327 |
| Racetrack license held by corporation, Racing Commission may reinstate if new owner of corporation was not associated with corporation that formerly owned racetrack | LO92-078 |
| 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 application | GA-0286 |
| Simulcast races, application for wagering on when racetrack facility incomplete or has not yet conducted live races | LO96-137 |
| Simulcasting, Racing Commission may promulgate rule authorizing at a class 3 or 4 racetrack on dates unconnected with livestock show, exhibition, or fair | LO96-036 |
| 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. 179e | GA-0867 |
| Sports and Athletics |
| Athletic trainer, no one, including a coach, may perform as unless licensed | DM-0388 |
| Boxing and Wrestling Act, Department of Licensing and Regulation has duty to enforce | LO90-046 |
| 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 tax | DM-0110 |
| Boxing match, whether promoter is required to pay gross receipt tax on proceeds from sale of right to televise | LO93-067 |
| Coliseum concession contract, county's authority to enter into contract that authorizes assignment of contract and option to extend lease term | LO98-057 |
| 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 event | LO96-009 |
| 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 regarding | GA-0963 |
| HIV testing for professional boxers, Department of Licensing and Regulation may not by rule require | JC-0201 |
| Horse-tripping, person who intentionally engages in may be convicted of torturing an animal | LO94-095 |
| 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 | GA-1052 |
| 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 | GA-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 boxing | LO96-040 |
| Professional baseball and football facilities, county's authority to provide | LO96-120 |
| Venue project, Terrell County may not borrow money to pay to construct | GA-0602 |
| Wager on outcome of sporting events by nonparticipants constitutes gambling offense under Penal Code | LO94-051 |
| 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 at | LO98-089 |
| Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward | JC-0315 |
| Prizes, Lottery Commission may not prioritize deductions from prizes contrary to statute | LO98-126 |
| Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from | DM-0408 |
| Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operate | GA-0103 |
