JIM MATTOX 

Attorney Getma 

supmme cowl suihiing 

P. 0. Box 12949 

Atmtln. TX. 797ll- 2548 

51214752991 

Telex Slow74.1297 

1-r 512/4750289 

4924 Albmte Ave. Stdtb 10 

ElP4SO.T% - 

91615939484 

Uoo N. Tenlh, Sulto S 

MeAllenn. lx. 7s5o1-1(185 

51-7 

2ooMalnPleza,sune400 

San Anlonlo, lx 7aw-2797 

612@29.4191 

: ! 

The Attorney General of Texas 

October 22, 1985 

Honorable Oscar Hauey 

chsirmeu 

Committee on Jurisprudence 

Texas State Senate 

P. 0. Box 12068 

Amstin. Texas 78711 

Opiuiou R0.~'&368 

Re: Whether a ticket-vending 

computer terminal which merely 

dispenaes.tickets is a "gambling 

device" 'under chapter 47 of the 

Penal Code, and related questions 

D& SAator ibusy: 

Pea ask whethw the PAT-2000, a tickat-veading computer terminal 

is a "gadlius dev!r:e" uader sections 47.01(3) and 47.06 of.the Texas 

Peuslr code. Pou.also ask whether subsections .(a):.&.(b) of 47.06, 

whickSet forth'thr! elements of~the 'crime of possession-of a "gsmbliug 

device," are unccau~titutionally vague. 

;.i; (' '. 

Sectlon'47.06 provides, in part: 

. 

y. ~'(a): 1~' persou cumlts au offen.se'~~.if he 

kuowiugl~r ~.owus, mauufactures;~ ttaasfers;~ or 

poasesseu any gambling de+ice that he .knWs is 

designed for gambl&ng purposes or snp'equip&at 

that.~ he knows is designed as a subassembly or 

esseatia:t part of a gambling device. 

(b) A person comlts an offense if. with the 

intent 1.0 further gsmbling, he knowingly. owns, 

marmfaCtw:es. transfers coumerc%all~, or p?asesses 

any altered gambling equipment 'that' he knows is 

designed for gambling purposes ore any equipment 

that he knows is daslgaed as a subassembly or 

eseeutisl part of such device. 

Section 47.01(9) provides: 

'GembLLng device' means, any mechanical ctitriVance that for a consideration affords the player 

an opportunity to obtain~aaytbing of value. %he 

award OF which is determined by chance, even 

though r.ccompanied by some skill. whether or not 

the prim is' automatically paid 'by the ~'contrivance. 

p. 1689 
Howrable Oscar Mausy - Page 2 (~'~-368) 

Application of these provfsioua depeuds upon the physical 

characteristics of the prtuticular object or device ia question. 

See Attorney General Opiafaas MI-168 (1980); E-1153 (1978); H-940 

v77). Syatech PAT-2000 computer tennluals are kucwu as "transaction 

processing equipment." Tt.e technical information submitted to us 

shows that they record transaction Information and distribute tickets. 

The PAT-2000 is capable of dispeusing a wide range of products, such 

as airline tickets, euterta:iumeut tickets, and money orders. It is 

similar in function to the automatic teller machines which are mu in 

use across the state. Neu,ertheless, many of the PAT-2000 termiuals 

which are. presently produced in Texas are manufactured to produce 

tickets which are used in the New York State Lottery. Because the 

PAT-2000 terminal contains uo data base for lottery tickets, however, 

the tickets csnnot actually be dispensed until it is connected to the 

main computer in New York. 

The statutory defiultiw of "gambling device" requires, among 

other things, proof that the award of a th%ug of value by the device 

be "determined by chance, even though accompanied by some skill." 

Peual Code 147.01(3); Attorney General Opiufous ~~-168 (1980); E-1153, 

(1978). Thus. even if ths PAT-2000 wasdesigned specifically for a 

purpose, such as a lottery,, which would copstltute au offense iu 

Texae. the offenses described in subsectious (a) aud (b) of sectlou 

47.06 require proof that the machlue in question is itself a "gambling 

dcvicee or subassembly of a "gambling device" withiu the mesuiag of 

eection 47*01(3). - See Attomey General Opinion MW-168 (1980). 

The foregoing descrlptioa of the PAT-2000 demoustrates that its 

sole fuactloa is to dispenee~tickats. Ooze the temfual is connected 

with the rain computer.fu New York,~ .the tickets dispensed by the 

PAT-2000 will have state lottery numbers ou them. The element of 

chauce, however, is added :ln au eatlrely separate process and is uot 

au asseutlal element-of the product at issue. The element of chance 

occurs %u the lotteig drtariag. 

ticket. 

not in the transfer of a lottery 

Although the ac=i :sale ore possession of lottery tickets in 

Texas is au offeuse. see Paaal Code 4547.03(a)(S), 47.07(a). we deal 

here cmly tith the Gov question of whether the PAT-2000 ‘is a 

"gsmblbg device" per se. 

Cousequeutly. based 01, .the information about the PAT-2000 submitted in couuectiou with :rour opinion request, we conclude that the 

.esseatial element of chaacc: is not present in the PAT-2000 termfual. 

We uote that'although the elameut of chance may be temporarily removed 

by "disabliug" a device, this will 

"gambling device." 

uot prevent it from being a 

is not, however, 

See Attmney General Opinion E-940 (1977). This 

re&t to the case at hand because the PAT-2000 

contains PO element of chance aud~need uot be "disabled." 

We do.uot believe that ,the legislature intended to include within 

"gaubliug device," 

tickets. 

a termlaal which IS capable only of dispensing 

The legislature yintended section 47.01(3) to reach devices 

p. 1690 
. . 

Douorable Oscar Mausy - Page 3 (JM-368) 

such as slot pachiues aud roulette vheels. See Practice Comeutary to 

section 47.01 (suggest* that a "sachauical~ontrivauce" may also be 

required by the deff.nitf.on), 

In light of this couclusion, ve do not reach your second question 

of whether the void-for-vzgueness doctrine prevents application of 

section 47.01(3) aud subsec:tious (a) and (b) of section 47.06 to the 

PAY-2000 terminal. 

SUMMARY 

A "gambling device," as defined in section 

47.01(3) in coujrmctlon with subsections (a) aud 

(b) of section 4,7.06~, does not apply to the 

Syntech PAY-ZOOO,, a ticket-vending 

terminal uhlch awrely dispenses tickets. TFz 

device lacks the eleawxtt of chance essential to a 

"gambling device" uuder section 47.01(3). 

JIM WATTOX 

Attorney General of Texas 

TCMGNNEN 

First Assistant Attorney General 

DAVID B. XICDAXDS 

Executive Assistant Attonwy General 

RCBXXYCSAY 

Special Assistant Attomey General 

RICX GILPIN 

Chairman, Opinion Cosdttec: 

Prepared by Jennifer luggs 

Assistant Attorney General 

APPROVED: 

OP7.DIONCOMMITl'gE 

Rick Gilpin. Chairman 

Coliu Carl 

Susan Garrison 

Tony Guillory 

Jim Moelliuger 

Jennifer Xiggs 

Nancy Sutton 

Sareh Woelk 

p. 1691