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Jim Guidry Commentaries
State of Texas
Texas Attorney General's Office
Monday, February 27, 2012
The Texas Attorney General's Office today issued opinions on three requests for legal interpretations, including whether an eight-liner machine that dispenses tickets for prizes redeemable only at the bingo hall it is located at is a "gambling device".
In regards to whether an eight-liner machine qualifies as a "gambling machine" under the state's Penal Code, the Attorney General's Office stated that, because the eight-liner machines described in the opinion request "issue tickets redeemable for items that do not constitute non-cash merchandise prizes, toys, or novelties, the machines do not meet the standard for the illegal gambling device exception provided in subsection 47.01(4)(B), Penal Code".
"Accordingly, the eight-liner machines are illegal gambling devices under the Penal Code.
The opinion was requested by Erath County Attorney Lisa Pense.
The Attorney General's Office issued an opinion regarding whether a justice of the peace may adjudicate truancy cases where an interlocal agreement between the county and the school district provides that a school attendance officer will serve as juvenile court coordinator.
According to the Attorney General's Office, "no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts".
"Questions about the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct," stated the opinon.
The opinion was requested by Texas House of Representatives Committee on Human Services Chair Richard Peña Raymond.
The Attorney General's Office issued an opinion regarding whether the Board of Physical Therapy Examiners may provide the social security numbers of its licensees to a nonprofit organization composed of physical therapy licensing authorities in the United States.
According to the opinion, the Board of Physical Therapy Examiners "is not authorized to provide the social security number or a partial social security number of one of its license holders or applicants to a nonprofit organization composed of physical therapy licensing authorities in the United States".
The opinion was requested by John P. Maline, executive director of the Executive Council of Physical Therapy & Occupational Therapy Examiners.
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