## 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 ofCorrections 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. Iam 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,

-660-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 ofany building or structure where there exists a license or permit to sell alcoholic beverages. The term ‘outdoor advertising’ shall not be inclusive ofany 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 8ofVernon’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 inwhich they are understood in common language, taking into consideration the context and subject matter relative towhich 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

-661-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 ofthe 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 ofCorrections; messages by the Governor and Chairman ofthe Texas Board of Corrections; pictures ofvarious Board members and prison officials along with pictures ofthe 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 ofArticle 667-24a, Section 1ofVernon’s Penal Code and as a result advertisements of breweries may be accepted.

In considering the question presented, a study ofthe Texas Liquor ~Control Act revealed it was not material to the opinion to distinguish between “wet” and “dry” counties.

-662-Dr. George Beto, Page 4 (No. C-133)

SUMMARY
The souvenir programs sold by the Texas Department ofCorrections, in connection with its Annual Prison Rodeo, may accept advertisements from breweries as it falls within the exclusionary language ofArticle 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

-663-