Untitled Texas Attorney General Opinion
GA-0913
Tex. Att'y Gen.Jul 2, 2012Background
- Attorney General of Texas addresses whether eight-liner machines in a bingo hall are gambling devices under Penal Code §47.01(4).
- Machines would dispense tickets redeemable only at the bingo hall for items like daubers, cards, or concession items; tickets have no value outside the hall.
- Penal Code §47.01(4) generally defines gambling devices and sets a narrow exclusion for bona fide amusement devices under §47.01(4)(B).
- §47.01(4)(B) requires devices to be designed, made, and adapted solely for bona fide amusement and to reward exclusively with noncash prizes or redeemable value for those items, with a limit on value per play.
- Prior opinions defined noncash prizes and the exclusion; awards redeemable for cash/credit and for bingo play do not qualify for the §47.01(4)(B) exclusion.
- Texas courts have held eight-liner machines may be used for gambling; if produced or intended for gambling purposes, they fail the exclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do eight-liner machines meet the §47.01(4)(B) exclusion? | Pence argues they might qualify if solely for bona fide amusement with noncash prizes. | Hodge/Schenck: machines described do not satisfy 'solely for bona fide amusement' as they issue tickets for play or cash-equivalent value. | They do not satisfy the exclusion; illegal gambling devices. |
| Are eight-liner machines in bingo halls legal under general prohibition on gambling devices? | If excluded, machines would be legal as amusement devices. | Broad prohibition remains; exclusion is narrow and not met by described devices. | Likely illegal gambling devices under the Penal Code. |
Key Cases Cited
- Hardy v. State, 102 S.W.3d 123 (Tex. 2003) (eight-liners and general definition of gambling devices; exclusion analysis)
- In re FiftyOne Gambling Devices, 298 S.W.3d 768 (Tex. App.—Amarillo 2009) (awarding cash/credit for further play not within §47.01(4)(B))
- Elmore v. State, 116 S.W.3d 809 (Tex. App.—Fort Worth 2003) (awards for further play not within §47.01(4)(B))
- State v. One Super Cherry Master Video 8-Liner Mach., 102 S.W.3d 132 (Tex. 2003) (eight-liner machines held to be gambling devices)
- Williams v. State, 264 S.W.2d 731 (Tex. Crim. App. 1954) (definition of 'design' as intended)
- Consol. Underwriters v. Wilson, 111 S.W.2d 865 (Tex. Civ. App.—Texarkana 1937) (definition of 'solely' meanings)