TITLE attorney-general

DM-466(RQ-1060). Request from the Honorable David Sibley, Chair, Senate Committee on Economic Development, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning Constitutionality of §47.01(4)(B), Penal Code, which excepts certain types of electronic contrivances from the definition of "gambling device," and related questions.

S U M M A R Y. The amended definition of "gambling device" in paragraph (B) of §47.01(4) of the Penal Code invalidly authorizes the operation of certain "lotteries" proscribed by Texas Constitution, Article III, §47. The Lottery Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect to gambling. Additionally, the Alcoholic Beverage Commission has rulemaking and statutory authority to regulate permittees and licensees who have been found, after proper notice and a hearing, to have engaged in a gambling offense as defined in the Penal Code.

Request for Opinions

RQ-1062. Request from Ms. Linda Cloud, Executive Director, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630, concerning Promotional activities for the state lottery at events where alcohol is sold.

RQ-1063. Request from the Honorable Charles R. Matthews, Chair, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, concerning authority of the Railroad Commission with regard to refund requests for LPG delivery fees.

RQ-1064. Request from the Honorable Judith Zaffirini, Chair, Health and Human Services, Texas Senate, P.O. Box 12068, Austin, Texas 78711, concerning Whether an appraisal district may reimburse the attorney fees of its chief appraiser in a prosecution for official misconduct.

RQ-1065. Request from the Honorable Robert T. Jarvis, County Attorney, Grayson County Justice Center, Suite 116A, Sherman, Texas 75090, authority of a chief of police to strip an officer of his seniority in a disciplinary action.

RQ-1066. Request from the Honorable Richard B. Townsend, County and District Attorney, 76th and 276 Judicial Districts, 500 Broadnax Street, Daingerfield, Texas 75638, concerning whether an interest fee should be retroactively deducted from trust accounts held by a county clerk.

RQ-1067. Request from the Honorable Michael P. Fleming, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, concerning authority of the Harris County Hospital District to expend funds for the temporary housing of visiting army medical personnel.

RQ-1068. Request from the Honorable John Vance, Dallas County District Attorney, 411 Elm, Fifth Floor, Dallas, Texas 75202, concerning authority of commissioners court to provide economic development funds based on a percentage of additional property tax revenues generated by the development.

RQ-1069. Request from Ms. Linda Cloud, Executive Director, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630, concerning authority of the Texas Lottery Commission to establish a priority of payments.