OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SCLLCRS 

ATTGINSV GENERAL 

Eonorabla Alfred b. Clyde 

Criaim~l Dlatrlot Attormy 

Fort tiorth, Tezaa 

opinion No. 0-6653 

Re: bgmy 0r 

underArt. 65 

publfoationr 

. A. P. C. 

Your request for an opinion of this de 

as r0uor8; 

opinion, an individual or oor 

liehor and aells Wo 

the others o tlon a8 to 

he odda 

are certain pub1ioatim.e or 

ata about rariout~ harm moea 

traok,a,tho atartingtim66 for 

ea pertloipati~, name OS owner8 

Oeition~, bOttin&J odda, and pasta 

s;oh 

sotim 0t th6 inromation appars in the 

aa would ooamand the attention oi 

here regardlees of their intereat or laok 

We would not be so naive as to say 

thqt some or tha other matter submitted ie not or nia]r not be 

used In oonneotion with the laying bets on horse raoes. PtWli?lpfi 
Iionorable Alrred k. Clyde - page 2 

some were even publlehed primarily to aid or assist one interested in horse raoa gambling. However, we swat measure 

our answer In thdr opinion to the feats given without lndulglng In speoulatlon or presumption. 

Art. 65&, V. A. P. C., reade a8 follows: 

"Seotlon 1. Any person who takes or aooapts or 

plaoea for another a bet or wager of money or anything 

of value on a horse raoe, dog raoe, automobile MUJO, 

motoroyole.race or any other raoe of any kind whatsoever, football game, baa&all game, athletic ooutest 

or sports event of whatsoever kind or oharaoter; or 

any person who offera to take or aooept or plaoo for 

ar.other any such bet or wager; or any pereon who as 

an agent, aervant or employee or otherwise, aide or 

encourages another to take or aooept or plaoe any 

such bet or wager; or any person who direotly or 

indirectly authorizes, aide or enoourages any acent, 

servant or employee or other person to take or aooept 

or place or tranamlt any auoh bet olr wager shall be 

guilty of book making and upon oonvlotlon be punished 

by oonflneumnt in the State Penltentlary for any term 

0r year6 not less than one (1.) nor more than flvo (5) 

or by oonflnement in the oounty 

tan (10) days nor more than on0 i 1) year and by a tins 

all Sor not less than 

or not less than One Bundred ($100.00) Dollare nor 

more.than One Thousand ($l,OOO,OO) Dollars." 

Pe:ting on a horse raoe it3 the gist or the orrense denounced 

with referanoe to this pBrtiOular sport. 

12.0 S. W. (Zd) 1061. 

Ylmmons v. State, 

None of the publloatlons subaltred lnvite or offer to take or plaoe a horae raoe bat. Ho infore.atl;n is contained therein OonOernIng a plaoe where, tb 

manner In whloh, or the person or pamone with whom, suoh 

a bet may be plaoed. 

Your request doea not reveal that a partioular bet was 

ever aotually nude, taken, placed for another, or offered by 

mans or and through the uae and aid of any of the publication8 

submitted. 
247 

Honorable Alfred b.. Clyde - page 3 

The sole question presented is whether the pubiioation 

of such racing information In itself and standing alone, violates 

the provisions of Art. 05Za, V. A. E. C. It Is to I;r: noted that 

bets on footbau and other games and ruces are included within 

the prohlbltion of the statute inquired about. Are newspapers 

and sports writers who fill their pm-gaLe oUtions with the 

na566, numbers and weights of the players, the condition of 

their health, the new formtions and team strata&e&, to b; proseouted because some fana use this inforaation in aid OS’ Lhe 

illegal enterprise of betting upon the football game? :rre 

oolumnists and publishers of progralca for sporting events to 

be placed In fear of legal retribution where they have expertiy 

analyzed the abilities and reoords of op~osihg teams and mde 

prognostloatlons based t&oreon - plaoed in fear lest so!;e gunbler seize upon and use his data as a predicate for his bet: .de 

do not think that auoh is the case. The publloatlon and diss&s&nation of sporting lnrormatlon, statlstlos, and data is 

not in itself a violation 0s our statutea. To so hoid, we 

think, would violate a guaranty that is snored to every tierioan - freedom 0s the press. Such wound not he the oase of 

course if raots were developed showing that a given publioation was made and distributed for the purpose of and in furtnerance and aid of a epeoiflo illegal gambling enterprise or 

transaotioh. 

iilthout attempting to render hers an opinion on the 

legality of such publications if oolilblned with other fao~s or ciroumatanoes whloh are not presented in your request, it is our 

opinion that the bare publication and dlssemlnation of such lnformation oonstitutes no viol.ation 0s Art. 652a, V. A. r:. C. 

/J Pugene Alvis 

Assietaht