Opinions
Opinion No. JC-0480
The Honorable Frank Madla, Chair, Intergovernmental Relations Committee,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Whether a raffle ticket may be awarded as a prize in a bingo game (RQ-0439-JC)
S U M M A R Y
The award of a raffle ticket as a bingo prize would violate section 47.03
of the Penal Code, if the bingo conductor acts knowingly or intentionally.
See Tex. Pen. Code Ann. § 47.03(4), (5) (Vernon 1994). As the conduct
is not expressly authorized by either the Bingo Enabling Act, Tex. Occ. Code
Ann. ch. 2001 (Vernon 2002), or the Charitable Raffle Enabling Act, id. ch.
2002, the conduct does not fall within the defenses to gambling offenses set
forth in section 47.09(a)(1)(A) or 47.09(a)(1)(B) of the Penal Code. See Tex.
Pen. Code Ann.§ 47.09(a)(1)(A), (B) (Vernon Supp. 2002). This office
cannot determine in an attorney general opinion whether the conduct of a particular
actor runs afoul of section 47.03.
Opinion No. JC-0481
The Honorable Clyde Alexander, Chair, House Committee on Transportation,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether Harris County may prohibit a tow truck from having auxiliary
stop and tail lamps in or under the factory-mounted light bar, and related
question (RQ-0441-JC)
S U M M A R Y
Assuming that Harris County's regulations regarding nonconsent towing and
storage services are in all aspects proprietary in nature, Harris County may,
by rule or ordinance, prohibit a tow truck operator performing nonconsent
tows from having auxiliary stop and tail lamps in or under the factory-mounted
light bar. In addition, Harris County may prohibit a tow truck from having
a red or blue lens in the emergency lights.
Opinion No. JC-0482
The Honorable Tom Ramsay, Chair, County Affairs Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether a private Texas nonprofit corporation may operate a "charitable
sweepstakes fundraising program," and related questions (RQ-0443-JC)
S U M M A R Y
A particular "charitable sweepstakes fundraising program" conducted by
a private nonprofit corporation is illegal under Texas law. The described
sweepstakes scheme is a "lottery," the promotion of or setting up of which
would violate section 47.03 of the Penal Code. Use of any "gambling devices"
in the conduct of this sweepstakes would also violate chapter 47 of the Penal
Code. Given that the sweepstakes scheme is prohibited under Texas law, the
fact that four percent of the sweepstakes proceeds is designated for "charitable"
purposes does not make the sweepstakes scheme "legal."
Opinion No. JC-0483
The Honorable Juan J. Hinojosa, Chair, Committee on Criminal Jurisprudence,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether the term of a justice of the peace may be reduced from four
to two years as a result of redistricting (RQ-0447-JC)
S U M M A R Y
Pursuant to article V, section 18(c) of the Texas Constitution, a justice
of the peace elected to a four-year term is entitled to serve out his or her
term of office in the precinct in which he or she resides when the precinct
to which he or she was elected is abolished by redistricting. The justice
of the peace is not required to resign from the office and to run for reelection
instead of serving out the full four-year term.
For further information,
please call the Opinion Committee at 512/ 463-2110 or access the website at
www.oag.state.tx.us.
TRD-200201915
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 26, 2002
RQ-0520.
The Honorable Ken Armbrister, Chair, Criminal Justice Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711, regarding whether the son
of a city council member may be promoted to a higher position in the municipal
police department (Request No. 0520-JC)
Briefs requested by April 20, 2002.
RQ-0521.
The Honorable Jim Solis, Chair, Committee on Economic Development, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
whether an individual may simultaneously serve as an employee of a municipal
economic development corporation and as its chairman (Request No. 0521-JC).
Briefs requested by April 21, 2002.
RQ-0522.
The Honorable Robert Junell, Chair, Committee on Appropriations, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
whether sections 1701.356, Occupations Code, applies to state park peace officers
(Request No. 0522-JC).
Briefs requested by April 21, 2002.
RQ-0523.
The Honorable Warren Chisum, Chair, Environmental Regulation Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
authority of the Texas Funeral Service Commission to investigate cemeteries
and crematoria, and related questions (Request No. 0523-JC).
Briefs requested by April 21, 2002.
For further information,
please call the Opinion Committee at (512) 463-2110 or access the website
at www.oag.state.tx.us.
TRD-200201929
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 27, 2002
Request for Opinions