R-115
. OPPICE OP
THE Ar~0Rm GENERAL
PRICE DANIEL
AITORNBY GENrm.4L March 6, 1947
Bon, Cecil Storey, Cheirman
Crimlual Jurisprudence Committee
House of Representatives
Austin, Texas Opinion Ho. V-72
Re: Validity of House Bill
to.,220 50th Legiala-
Dear Sir: .
You request au offiuial .opinlon on the con-~
atltutiouallty of Bouse,Blll lo. 220, wblch bill %t-
self Is attached to your request. This bill is short,
and we reproduce it in full aa follows:
"A BIIL *
"TO BE EIVTITIED ',
"AH ACT to amend Title 5, Chapter 1,
of the Penal Code of Texas
by adding thereto another
article to be kuoun a8 Art-
icle 178b, and meking bribery
of officials, players and
participants in athletic con-
tests a crime.
%E IT REACTEDBY TRE LEQISLATDRE
OF TgE STATR OF TEXAS:
"Section 1. That Title 5, Chapter 1,
of the Penal Code of Texas, be amended by
adding thereto another ertlcle to be known
as Article 178b, eud to'read as follows:
"'Article 178b. Whoever shell bribe
or attempt to bribe any player or partioi-
pant in any athletic contest, or any of-
ficial in any athletic coutest, whose ac-
tion or nonaction might affect the result
of such contest, with the intent to lnflu-
'ence or change the result or outcome of
such sthletic contest, shall be confined
ln the penitentiary for not less than two
nor more than five years,'"
.
Hon. Cecil Storey - Page 2,,V-72
We think there is great doubt as to the vali-
dity of House Bill Ro. 220 in its present form for the
Pollowlng rea s on9 .
The bill although creating the offense of
bribery, does not define the term “bribe” or “bribery,”
but makes the same a part of Title 5, Chspter 1, deal-
ing with bribery.
In this chapter, the term “bribe,” is defined,
but the definition there as given would’ not include the
Persons mentioned In your bill, that Is, the. “officials,
Players and particlpitants” In athletic contests; be-
cause such personsdo not perform “any duty, publlo or
official,” as do the persons specifically named in Art-
icle 177 of’that ohapt,er. The bill, therefore, if en-
acted into law, might be stricken down for want of de-
finitenes,s. .,
;;.-
s We s’uggest that’.the, preferable. ,way would be
tb amend the bill - body and title - and create a new
offense in which the word “bribe” Is specifically de-
fined.
Such a bill aa is suggested, if passed, would
in our opinion be a valid law.
We. return tee bill herewith.
j.. ;
SUMMARY
.: 1. House .Bill Ro. 220 of the 50th
Legislature proposing a new Article to
be added to Title 5, Chapter I, of the
Penal Code to be numbered Article 178b,
deallng with officials, players, and
Y
participants in athletic contests is’
probably uncoustitutiona 1.
2.’ such’ a bill proposing a new
aud independent act defining the word
“bribe, ‘” would be constitutiousl, and
if passed would be valid law.
Yours very truly
‘ATTORNEY
CRRRRALOF
OS/jbc /lh