DAN MORALES 

ATTORNEY GENERAL 

QBffice of tfje !Zlttornep @enera 

&ate of tEexa$ 

January 34 1992 

Honorable Doyle Willis 

chairman 

General Jnvestigating Committee 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 78768-2910 

Opinion No. DM-83 

Re: Application of article RI, section 

47(b), of the Texas Constitution, which 

imposes limitations on the kinds of 

organizations that may conduct bingo 

games (RG-255) 

Dear Representative Willk 

You have requested our opinion regarding the application of article RI, 

section 47(b), of the Texas Constitution, which imposes restrictions on playing 

bingo. That section provides: 

The Legislature by law may authorize and regulate bingo 

games conducted by a church, synagogue, religious society, 

volunteer fire department, nonprofit veterans organization, 

fraternal organixation, or nonprofit organixation supporting 

medical research or treatment programs. A law enacted under 

this subsection must permit the qualified voters of any county. 

justice precinct, or incorporated city or town to determine from 

time to time by a majority vote of the qualified voters voting on 

the question at an election whether bingo games may be held in 

the county, justice precinct, or city or town. The law must also 

require that: 

(1) all proceeds from the games are spent in Texas for 

charitable purposes of the organixations; 

(2) the games are limited to one location as defined by law 

on property owned or leased by the church, synagogue, religious 

society, volunteer fire department, nonprofit veterans organixap. 412 
Honorable Doyle Willis - Page 2 (DM-83) 

tion, fraternal organization, or nonprofit organization supporting 

medical research or treatment programs; and 

(3) the games are conducted, promoted, and administered 

by members of the church, synagogue, religious society, 

volunteer fire department, nonprofit veterans organization, 

fraternal organization, or nonprofit organization supporting 

medical research or treatment programs.* 

You first ask which organizations may conduct bingo under article III, section 47(b) 

and whether an organization not listed therein may do so. 

Section 47(b) makes clear that the legislature is empowered to authorize only 

those bingo games that are “conducted” by an organization which falls within one of 

the categories listed therein. An organization that may not properly be classified 

into one of those categories is not authorized to conduct bingo games. Of course, 

whether a particular organization falls within one of the categories requires the 

resolution of factual inquiries that we cannOt accomplish in the opinion process. 

You also express concern about compliance with subsection (b)(2). You 

indicate that 

[hlundreds of so-called charitable institutions now have permits 

to play bingo. Many take their permits to lessors who have 

buildings and who then use the permits and require only one 

member of each organization to be present. This means that the 

permit-holder neither owns the building nor leases it. This 

would appear to be in direct violation of the constitutional 

provision. 

If in fact the charitable organization neither owns nor leases the property on which 

it conducts a bingo game, the constitutional provision would be violated. See, eg., 

V.T.C.S. art. 179d, 5 lla (restrictions on rent for bingo premises). 

*Pursuant to this subsection, the legislature has enacted article 1794 V.T.C.S. You do not ask 

any questions relating to this statute, but rather confiie your inquiry to the authorizing language of the 

constitution. 

P- 413 
Honorable Doyle Willis - Page 3 (DM-83) 

You appear to be most alarmed about the lack of compliance with subsection 

(b)(3). You state that 

[t]he organization that holds the bingo permit frequently sends 

only one member over to the commercial hall where the game is 

being played and does not conduct the game itself. I feel that 

this is a violation of this section of the Constitution in that the 

word “administered” means that the members of the 

organization shall conduct the bingo games themselves. At the 

present time, these commercial lessors are paying personnel not 

affiliated with the bingo permit holders to mn bingo games. 

In that regard, you ask whether “hired hands who are not members of the 

organization can actually run the game.” 

The constitutional provision directs that the games be “conducted, promoted, 

and administered by members of’ the organization that holds the bingo permit. In 

our opinion, this requirement means that members of the organization must play a 

substantial role in “running” the bingo game. Black’s Law Dictionary defines the 

verb “conduct” as meaning 

[t]o manage; direct; lead; have direction; carry on; regulate; do 

business. 

BLACK’S LAW DKX’IONARY 268 (5th ed. 1979). That same work defines 

“administer” as 

[t]o manage or conduct.. . . to take charge of business;. . . to 

manage affairs. 

Id at 41. In WKam Bz&ana~~ Found v. Shepperd, 283 S.W.2d 325,334 (Tex. Civ. 

App.-Texarkana 1955), wrir dism’d by ugr., 289 S.W.2d 553 (Tex. 1956). the court 

declared that the word “administer” does not have a “strict legal or technical import” 

but is rather “a word in general use,” and that it is synonymous with “manage” and 

“conduct.” 

We believe it is evident that subsection (b)(3) requires that every bingo game 

be managed, supervised, and directed by members of the organization holding the 

p. 414 
Honorable Doyle Willis - Page 4 (DM-83) 

permit. See V.T.C.S. art. 179d, 8 11(g). The constitution does not, however, 

demand that every game be conducted or administered exclusively by members of 

the organization. Because we cannot resolve factual issues in the opinion process, 

we cannot opine on the amount of outside involvement in games which is 

permissible. 

SUMMARX 

Only those organizations named in article III, section 47(b), 

of the Texas Constitution may conduct bingo games, and such an 

organization may conduct the bingo game only on property 

owned or leased by the organization. 

DAN MORALES 

AttorneyGeneral of Texas 

WJLL PRYOR 

First Assistant Attorney General 

MARY KELLER 

Deputy Assistant Attorney General 

JUDGE ZOLLIE SfEAKLEY (Ret.) 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

MADELEINE B. JOHNSON 

Chair, Opinion Committee 

Prepared by Rick Gilpin 

Assistant Attorney General 

p. 415