OFFICE OX?
THE ATTORNEY GENERAL
PRICE DANIEL
*rro*weu 0ENHR.u.
April 28, 1947
Hon. Ernest Cuinn Cpiaion Ro. v-167
County Attorney
El Paso county Re : Are the Texas lottery 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 in
your opinioo request of March. 26, 1947, has been care-
fully considered. 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
.
Pursuant to this coastitutional command, the
legislature passed Article 654 of the Penal Code, ahich
reads as follows: