xonor8blacar01 s. VaJwe opinionNo. p-245
Dimtrfct Attorney of mrrir County
R8rri8 county courthou8e wr Legaq of 'Pinball"or
Houaton,*xau 77002 *Marble machineswith
imediate right of replay.
Dear Mr. VanC~X
Pou have recentlyrmquuted an opinionof thie offim con-
ceraingthe legalityo flplnballaor %arble* aaebineawith m-
diate aad unrecorded right of replay. You ask tlb@ ~Oll~lng
qwmtioa8 :
1) Doe8 Attic10630, V.P.C., a8 amendedin 1965, latcopt
fro Jutfclo642a, V.PX., all pi-11 and marbl*
amchine uhich.ccnfer on uinainp pliyem u -iate
and unrecorded right of replay?
2) Under Article 6628 and Article 630, V.P.C., in it
unlaufulto poamessa pinbalf. or urble machinewhich
auarda free qaaea and is any way, by coua$er of OtbOr-
wi+ racorda the ntmhor of free 9ans auarded?
Article642, V.P.C., daffau .tlrr, torr 'alot8achine.a xt readr
in part a0 follou8:
-Art. 642a. slot UChbb.8
*Definitionof 8lot machine
“section 1. The tUl8 '8$Ot aWhine', l8 Wed ia thi8
et, mUL8t
"(a) &ty
&O-C8ll0d '8lOt machine'or any Other
m8chituor mechaaical&i&e, by uhat8ceyer
nam kncm, aa 88nntial part of which i8 8
drum or reel with iluipniathereon,and,
. -
Honorable Carol S. Vance, Page 2 (M-245)
(1) which when operated may de-
liver, as the result of the appli-
cation of an element of chance,
any money, or propertyor other
valuable thing, or
(2) by the operation of which a per-
aon may be entitled to receive, a8
the reclultof the application of
an element of chance, any money or'
property or other valuable thing; or
"(b) tiy machine or mechanical device designed and
manufactured or adapted to operate by means
of the insertion of a coin, token, or other
object and desig'ned,manufactured
. or adapted
89 that when operated it may deliver, as
the~result of an application of an element
of chance, any money or property; or
"(c) Any subassembly or essential part intended
to be u8ed in connection with 8Uch machine
or mechanical device."
Article 642a, V.P.C., ha8 been interpreted by the Court of Civil
ADDealS in State v. _One
._ Slot Machine, 305 S.W.Zd 386 (Tex.Crim.App.
lG7, no wrm,mthat Court framed the issue involved by stating:
"The question involved is whether a marble table
which is dea$gned and manufac,turedto operate by
means of the insertion of a coin, and designed
and manufactured so that when operated it may
deliver free games, as a result of an application
of an element of chance, is a,slot machine under
the terms and provisions of Article 642a. . .even
though the condition of the machine at the time
of its seizure was such that free gamer could not
be played on it:*
The evidence in that ca8e 8howed that the machine in question
was a marble machine designed and manufactured to deliver free
games 88 an elementof chance after the insertion of a coin. The
evidence further showed, however , that at the time the machine was
seized by officers it would not award free games for the reason
+-tatcertain parts of the machine had been disconnected so that it
would not give free games.
-1191-
. .
mals Carol s . Vance, Page 3 04-24s)
holding in thi8 ca88, the court 8tated tbat within t#e
In it8
roanhg of the grpi~
law8 the award of free grnrs i8 both proparty
and a thing of value, further teatiraq,"We believe that the machine
if2 involved i8 a 810t machine within the praVi8iOnR Of Article
I(
. . .
In a965 the &$3l8latwa alter& the law oomcernieg pinball
Mchily8 by en anendment to Article 630, V.P.C. The pertinent
wrtion of that amendment reads a8 follou8:
“Art. 630. 562 Peaittiaq device on premises
"(a) . . .
'(b) An inudiate end uwwoe&d right of
repleyr uchanicrlly confermd on p1eyW8 of pinbell
nachinea end rimilar devicw, ir not iatended to be
included in the phrase ‘menryr property, or other val-
u&U tbinp’ in thirr chapter or any othot related
statuteof this 8tate. Aa amended mta W65, S8th
-8.4 p. 690, ch. 329 91."
It 18 our opinioe that the evident intent of'the Leg-
f8latote in 8uch amendment war to authorize pinbell machine8
Utd 8irrilU dtivicesto be operated, used and pWaeS88d even
though they & award en immediate and unrecorded right of replay.
._
nmmverr unaor Article8 642(b) end 630, V.P.C., it would be
unlaufulto p088uo eny pinball aachine or 8i8ilu devioe
which reaorded any right of replay. We are of the further
opiniwiiihm uord ‘u#Wecorded’ as wed in the Ametibent
prohibit8 8uch a mhine if it i8 equipPea with en indllcator
shcuing the nunbor of frm -8 yet to be plqed or if it
dimplay a counter uhich regietu8 free gm8 awarded. Our
Ma8oming ia thi8 rogud i8 irwsr from tbcaw of Peaches et al.
tJm Suprcr#r Court of Indiure (1960) ,?m Id .
&$%!%E?id 4.1 89 i.L.R.2d 8Ol.
mdet Article 630(b), V.P.C., p&W11 m&wIna
8nd 8hilu device8 aam noul8wfultpbo powwe-
mctxdod riqht of raplay. It
#rM be Ualmt?itl houever under Article8 642(b)
and 638, V.P.C., b poet& ury pinball aachine
. .
Honorable Carol S. Vance, Page 4 (M-245)
( or similar device which recorded any right of
replay. Consequently, such a machine would be un-
lawful if it is equipped with an indicator show-
in9 the number of free games yet to be played or
if it displays a counter for free games awarded.
Prepared by Jo Betsy Lewallen
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairmen
Alfred Walker
Brandon Bickett
Bonald Luna
Fielding Early
EXECUTIVE ASSISTANT
A. J. Carubbi, Jr.
- 1193-