THE ATTORNEY GENERAL
OF TEXAS
ATrsDRA‘xx ~mi~~:IIAlr September 9, 1963
Dr. George Beto, Director Opinion No. C-133
Texas Department of Corr,ec-
tions Re: Whether the Texas Depart-
Huntsville, Texas ment of Corrections could
include advertisements of
breweries in the souvenir
programs inlconnection with
Dear Dr. Beto: its Annual Prison Rodeo.
Your letter requesting an opinion of this office, reads as
follows :
“The Texas Department of Corrections
will present the 32nd Annual Prison Rodeo this
year. Each year, there have been souvenir pro-
grams which have been sold to fans who attend
the Rodeo. I am enclosing a copy of last year’s
program.
“The Rodeo nets approximately $100,000
each year and this money is used for various re-
habilitative services such as education, vocational
education, religion, recreation, welfare, etc.
“In the past, we have not accepted adver-
tisements from breweries. As you probably know,
Walker County is dry. We would appreciate a rul-
ing as to whether we could include advertisements
of breweries in the souvenir program.”
Article 667-24a, Vernon’s Penal Code, reads in part as follows:
“1. The term ‘outdoor advertising’ as
used herein shall mean any sign bearing any
words, marks, description or other device and
used to advertise the alcoholic beverage busi-
ness of any person engaged in the manufacture,
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Dr. George Deto, Page 2 (No. C-133)
sale, or distribution of alcoholic beverages,
or in the advertisement of any beverage con-
taining alcohol in excess of one-half of one
per cent (l/Z of 1%) by volume, when such
sign is displayed anywhere outside the walls
or enclosure of any building or structure where
there exists a license or permit to sell alco-
holic beverages. The term ‘outdoor advertis-
ing’ shall not be inclusive of any advertising
appearing on radio or television, or in any
public vehicular conveyances for hire, or in
a newspaper, magazine or ‘other literary publi-
cation published periodically. . . . (Emphasis
supplied)
“2. All outdoor advertising as herein
defined is hereby prohibited except as herein
expressly provided: . . . . ‘I
The Act does not define the words “magazine,” “literary,” or
“periodically.” However, Article 8 of Vernon’s Penal Code provides:
“Words which have their meaning
specially defined shall be understood in that
sense, though it be contrary to the usual mean-
ing; and all words used in this code, except
where a word, term or phrase is specially
defined, are to be taken and construed in the
sense in which they are understood in common
language, taking into consideration the context
and subject matter relative to which they are
employed.”
Webster’s 3rd International Dictionary defines “magazine” as
follows:
“4a(l): A periodical that usually con-
tains a miscellaneous collection of articles,
stories, poems, and pictures and is directed
at the general public reading; (2) a periodical
containing special material directed at a group
having a particular hobby, interest ‘or profession
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Dr. George Beto, Page 3 (No. c-133)
(as education, photography, or medicine)
or at a particular age group (as children,
teenagers) (alumni).”
Among the definitions of the word “periodically” in that lexi-
con is the following:
“1. At regular intervals of time;
“2. From time to time; re-currently, frequently.”
The word “literary” is defined in Webster’s Collegiate Dic-
tionary as follows:
“1. Of or pertaining to letters or literature.”
Among the definitions of the word “literature” in that Dic-
tionary is the following:
“4. Any kind of printed matter, as advertising.”
The publication enclosed contained informative articles concern-
ing the rehabilitation programs and special inmate activities conducted for
the prisoners, as well as general information about the Texas Department
of Corrections; messages by the Governor and Chairman of the Texas
Board of Corrections; pictures of various Board members and prison
officials along with pictures of the Rodeo participants. The publication is
sold annually to the public at each Rodeo performance.
Besides being distributed periodically, the publication under con-
sideration appears to fall within the broad dictionary definition of the term
“magazine or ‘other literary publications.”
It is, therefore, our opinion that the publication under
consideration falls within the exclusionary language of Article 667-24a,
Section 1 of Vernon’s Penal Code and as a result advertisements of
breweries may be accepted.
In considering the question presented, a study of the Texas Liquor
~Control Act revealed it was not material to the opinion to distinguish be-
tween “wet” and “dry” counties.
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Dr. George Beto, Page 4 (No. C-133)
SUMMARY
The souvenir programs sold by the Texas De-
partment of Corrections, in connection with its
Annual Prison Rodeo, may accept advertise-
ments from breweries as it falls within the ex-
clusionary language of Article 667-24a, V. P. C.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
IRWIN R. ~ALMANSON
Assistant Attorney General
1RS:nb
APPROVED
OPINION COMMITTEE
W. V. Geppert, Chairman
Scott Garrison
Joseph Trimble
Roger Tyler
W. 0. Shultz
APPROVEDFOR THEATTORNEYGENERAL
BY: Stanton Stone
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