*1 OFFICE OX?

THE ATTORNEY GENERAL PRICE DANIEL *rro*weu 0ENHR.u. April 28, 1947

Hon. Ernest Cuinn Cpiaion Ro. v-167 County Attorney Re : Are the Texas lottery

El Paso county laws El Paso, Texas violated under a plan where-

by a merchant awards a vash- lng machine by chance to a registrant .uithout requir- ing the registrant to be a customer or purchase mer- Dear Mr. Culnn: chandise ?

The question of whether’ or not the lottery laws of Texas are violated by the plan presented your opinioo request of March. 26, 1947, has been care- fully considered. in

It is stated in the enclosure to your letter that the company has moved its place of .business and proposes to.request anyone to register at the new place of business, and on a certain night, some 30 days or more thereafter, a drawing will be had and the lucky .person will draw a washing machine. It Is further. stated that the registrants are not required to .be customers nor are they, required .to make a purahase.

This department has In the p&t rendered num- erous opinions concerning the legality of various ad- vert ising and promotional. plans. However, a review of these former oplnlons shows that uone of them were writ- ten on a fact ‘situation similar to the one outlined In your request.

Article III, Sect,ion 47 of the Constitution of Texas provides:

“The legislature shall pass laws pro- hibiting the establlahmsat of lotteries and gift enterprises in this State, as well as the sale of tickets in lotteries, gift enter- prises or other evasions involving the lottery g;$;;p+e, established or existing in other . to this coastitutional command, the

Pursuant Article 654 of the Penal Code, ahich legislature passed reads as follows: