TITLE attorney-general

Opinion

Opinion No. JC-0449

Mr. C. Tom Clowe, Jr., Chair, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630

Re: Whether the Texas Lottery Commission is authorized to approve or disapprove secondary components or features of an electronic bingo card-minding device unrelated to the game of bingo that allow a player to play various games, such as video poker, during a bingo occasion, and related questions (RQ-0383-JC)

S U M M A R Y

The Texas Lottery Commission is required to examine the secondary components or features of an electronic bingo card-minding device unrelated to the game of bingo and disapprove them if they allow a player to play a "game of chance" or use a "gambling device" during a bingo occasion. The video poker game, as described, is a prohibited "game of chance." It is likewise a prohibited "gambling device" if it records the "cancellation or removal of credits" awarded; and the credits awarded provide a benefit to which a price can be assigned other than an immediate right to replay. The Commission must determine, in the first instance, whether the video poker game is a gambling device.

For further information, please contact the Opinion Committee at (512) 463-2110.

TRD-200200105

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: January 9, 2002


Request for Opinions

RQ-0479-JC

Mr. William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711

Re: Whether the executive director of the Department of Licensing and Regulation may require elevators, escalators, and related equipment to comply with the current version of code provisions promulgated by the American Society of Mechanical Engineers, and related questions (Request No. 0479-JC)

Briefs requested by February 3, 2002

RQ-0480-JC

Mr. Jim Loyd, Executive Director, Texas Health Care Information Council, 206 East Ninth Street, Suite 19.140, Austin, Texas 78701

Re: Authority of the Texas Health Care Information Council to develop reports based on particular data from files of hospital patients (Request No. 0480-JC)

Briefs requested by February 4, 2002

RQ-0481-JC

Mr. Jim Loyd, Executive Director, Texas Health Care Information Council, 206 East Ninth Street, Suite 19.140, Austin, Texas 78701

Re: Whether a hospital is authorized to report information required by chapter 108, Health and Safety Code, without obtaining the written consent of the affected patient (Request No. 0481-JC)

Briefs requested by February 4, 2002

RQ-0482-JC

The Honorable Warren Chisum, Chair, Committee on Environmental Regulation, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether the Texas Natural Resource Conservation Commission may properly construe House Bill 2912, acts 2001, 77th Legislator, chapter. 965, at 1825, et seq, to refer to compliance events that take place prior to February 2002 (Request No. 0482-JC)

Briefs requested by February 4, 2002

For further information, please contact the Opinion Committee at (512) 463-2110 or access the website at www.oag.state.texas.us .

TRD-200200072

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: January 7, 2002