THE ATTORNEY GENERAL 

OF TEXAS 

ATrsDRA‘xx ~mi~~:IIAlr September 9, 1963 

Dr. George Beto, Director 

Texas Department of Corr,ections 

Huntsville, Texas 

Opinion No. C-133 

Re: Whether the Texas Department of Corrections could 

include advertisements of 

breweries in the souvenir 

Dear Dr. Beto: 

programs inlconnection with 

its Annual Prison Rodeo. 

Your letter requesting an opinion of this office, reads as 

follows : 

“The Texas Department of Corrections 

will present the 32nd Annual Prison Rodeo this 

year. Each year, there have been souvenir programs which have been sold to fans who attend 

the Rodeo. I am enclosing a copy of last year’s 

program. 

“The Rodeo nets approximately $100,000 

each year and this money is used for various rehabilitative services such as education, vocational 

education, religion, recreation, welfare, etc. 

“In the past, we have not accepted advertisements from breweries. As you probably know, 

Walker County is dry. We would appreciate a ruling as to whether we could include advertisements 

of breweries in the souvenir program.” 

Article 667-24a, Vernon’s Penal Code, reads in part as follows: 

“1. The term ‘outdoor advertising’ as 

used herein shall mean any sign bearing any 

words, marks, description or other device and 

used to advertise the alcoholic beverage business of any person engaged in the manufacture, 

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Dr. George Deto, Page 2 (No. C-133) 

sale, or distribution of alcoholic beverages, 

or in the advertisement of any beverage containing alcohol in excess of one-half of one 

per cent (l/Z of 1%) by volume, when such 

sign is displayed anywhere outside the walls 

or enclosure of any building or structure where 

there exists a license or permit to sell alcoholic beverages. The term ‘outdoor advertising’ shall not be inclusive of any advertising 

appearing on radio or television, or in any 

public vehicular conveyances for hire, or in 

a newspaper, magazine or ‘other literary publication published periodically. . . . (Emphasis 

supplied) 

“2. All outdoor advertising as herein 

defined is hereby prohibited except as herein 

expressly provided: . . . . ‘I 

The Act does not define the words “magazine,” “literary,” or 

“periodically.” However, Article 8 of Vernon’s Penal Code provides: 

“Words which have their meaning 

specially defined shall be understood in that 

sense, though it be contrary to the usual meaning; and all words used in this code, except 

where a word, term or phrase is specially 

defined, are to be taken and construed in the 

sense in which they are understood in common 

language, taking into consideration the context 

and subject matter relative to which they are 

employed.” 

Webster’s 3rd International Dictionary defines “magazine” as 

follows: 

“4a(l): A periodical that usually contains a miscellaneous collection of articles, 

stories, poems, and pictures and is directed 

at the general public reading; (2) a periodical 

containing special material directed at a group 

having a particular hobby, interest ‘or profession 

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Dr. George Beto, Page 3 (No. c-133) 

(as education, photography, or medicine) 

or at a particular age group (as children, 

teenagers) (alumni).” 

Among the definitions of the word “periodically” in that lexicon is the following: 

“1. At regular intervals of time; 

“2. From time to time; re-currently, frequently.” 

The word “literary” is defined in Webster’s Collegiate Dictionary as follows: 

“1. Of or pertaining to letters or literature.” 

Among the definitions of the word “literature” in that Dictionary is the following: 

“4. Any kind of printed matter, as advertising.” 

The publication enclosed contained informative articles concerning the rehabilitation programs and special inmate activities conducted for 

the prisoners, as well as general information about the Texas Department 

of Corrections; messages by the Governor and Chairman of the Texas 

Board of Corrections; pictures of various Board members and prison 

officials along with pictures of the Rodeo participants. The publication is 

sold annually to the public at each Rodeo performance. 

Besides being distributed periodically, the publication under consideration appears to fall within the broad dictionary definition of the term 

“magazine or ‘other literary publications.” 

It is, therefore, our opinion that the publication under 

consideration falls within the exclusionary language of Article 667-24a, 

Section 1 of Vernon’s Penal Code and as a result advertisements of 

breweries may be accepted. 

In considering the question presented, a study of the Texas Liquor 

~Control Act revealed it was not material to the opinion to distinguish between “wet” and “dry” counties. 

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Dr. George Beto, Page 4 (No. C-133) 

SUMMARY 

The souvenir programs sold by the Texas Department of Corrections, in connection with its 

Annual Prison Rodeo, may accept advertisements from breweries as it falls within the exclusionary language of Article 667-24a, V. P. C. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

IRWIN R. ~ALMANSON 

Assistant Attorney General 

1RS:nb 

APPROVED 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Scott Garrison 

Joseph Trimble 

Roger Tyler 

W. 0. Shultz 

APPROVEDFOR THEATTORNEYGENERAL 

BY: Stanton Stone 

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