Texas Constitution:Article III, Section 47 - Revision history

Admin at 19:58, June 10, 2024

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	\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")		\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")
	\|seo_keywords=Article 3 Section 47, state lottery~~, charitable raffles~~		\|seo_keywords=Article 3 Section 47, charitable raffles, state lottery
	\|seo_description=The Legislature is required to prohibit lotteries and gift enterprises other than those authorized by this section.		\|seo_description=The Legislature is required to prohibit lotteries and gift enterprises other than those authorized by this section.
	\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg

Admin at 19:56, June 10, 2024

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Admin at 19:48, June 10, 2024

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	* ''City of Fort Worth v. Rylie'', 602 S.W.3d 459, [https://scholar.google.com/scholar_case?case=2362665170562240558#p460 460-61] (Tex. 2020) (footnotes ~~& citations~~ omitted) ("For as long as the State of Texas has been the State of Texas, its citizens have elected to constitutionally outlaw most types of 'lotteries.' Contrary to the term's popular understanding, a 'lottery' includes not just contests involving scratch-off tickets and numbered ping-pong balls, but a wide array of activities that involve, at a minimum, (1) the payment of 'consideration' (2) for a 'chance' (3) to win a 'prize.' Since its ratification in 1876, our current constitution has affirmatively required the legislature to 'pass laws prohibiting' lotteries.")		* ''City of Fort Worth v. Rylie'', 602 S.W.3d 459, [https://scholar.google.com/scholar_case?case=2362665170562240558#p460 460-61] (Tex. 2020) (citations & footnotes omitted) ("For as long as the State of Texas has been the State of Texas, its citizens have elected to constitutionally outlaw most types of 'lotteries.' Contrary to the term's popular understanding, a 'lottery' includes not just contests involving scratch-off tickets and numbered ping-pong balls, but a wide array of activities that involve, at a minimum, (1) the payment of 'consideration' (2) for a 'chance' (3) to win a 'prize.' Since its ratification in 1876, our current constitution has affirmatively required the legislature to 'pass laws prohibiting' lotteries.")

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	{{DISPLAYTITLE:Article III, Section 47 of the Texas Constitution (''<small>"General Prohibition on Lotteries and Gift Enterprises; Exceptions"</small>'')}}{{Texas Constitution\|text=As amended November 2, 2021:		{{DISPLAYTITLE:Article III, Section 47 of the Texas Constitution (''<small>"General Prohibition on Lotteries and Gift Enterprises; Exceptions"</small>'')}}{{Texas Constitution\|text=As amended November 2, 2021:

	(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), (d-1), and (e) of this section.		'''(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), (d-1), and (e) of this section.'''

	(b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization 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 organizations; (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 organization, 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.		'''(b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization 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 organizations; (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 organization, 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.'''

	(c) The law enacted by the Legislature authorizing bingo games must include: (1) a requirement that the entities conducting the games report quarterly to the Comptroller of Public Accounts about the amount of proceeds that the entities collect from the games and the purposes for which the proceeds are spent; and (2) criminal or civil penalties to enforce the reporting requirement.		'''(c) The law enacted by the Legislature authorizing bingo games must include: (1) a requirement that the entities conducting the games report quarterly to the Comptroller of Public Accounts about the amount of proceeds that the entities collect from the games and the purposes for which the proceeds are spent; and (2) criminal or civil penalties to enforce the reporting requirement.'''

	(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.		'''(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.'''

	(d-1) The ~~legislature~~ by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this State with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.		'''(d-1) The Legislature by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this State with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.'''

	(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.		'''(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.'''

	(e) The Legislature by general law may authorize the State to operate lotteries and may authorize the State to enter into a contract with one or more legal entities that will operate lotteries on behalf of the State.		'''(e) The Legislature by general law may authorize the State to operate lotteries and may authorize the State to enter into a contract with one or more legal entities that will operate lotteries on behalf of the State.'''

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Admin at 19:37, June 10, 2024

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	{{DISPLAYTITLE:Article III, Section 47 of the Texas Constitution (''<small>"General Prohibition on Lotteries and Gift Enterprises; Exceptions"</small>'')}}{{Texas Constitution\|text=As amended November 2, 2021:		{{DISPLAYTITLE:Article III, Section 47 of the Texas Constitution (''<small>"General Prohibition on Lotteries and Gift Enterprises; Exceptions"</small>'')}}{{Texas Constitution\|text=As amended November 2, 2021:

	~~'''~~(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), (d-1), and (e) of this section.~~'''~~		(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), (d-1), and (e) of this section.

	~~'''~~(b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization 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 organizations; (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 organization, 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.~~'''~~		(b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization 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 organizations; (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 organization, 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.

	~~'''~~(c) The law enacted by the Legislature authorizing bingo games must include: (1) a requirement that the entities conducting the games report quarterly to the Comptroller of Public Accounts about the amount of proceeds that the entities collect from the games and the purposes for which the proceeds are spent; and (2) criminal or civil penalties to enforce the reporting requirement.~~'''~~		(c) The law enacted by the Legislature authorizing bingo games must include: (1) a requirement that the entities conducting the games report quarterly to the Comptroller of Public Accounts about the amount of proceeds that the entities collect from the games and the purposes for which the proceeds are spent; and (2) criminal or civil penalties to enforce the reporting requirement.

	~~'''~~(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.~~'''~~		(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.

	~~'''~~(d-1) The ~~Legislature~~ by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this State with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.~~'''~~		(d-1) The legislature by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this State with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.

	~~'''~~(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.~~'''~~		(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.

	~~'''~~(e) The Legislature by general law may authorize the State to operate lotteries and may authorize the State to enter into a contract with one or more legal entities that will operate lotteries on behalf of the State.~~'''~~		(e) The Legislature by general law may authorize the State to operate lotteries and may authorize the State to enter into a contract with one or more legal entities that will operate lotteries on behalf of the State.

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	\|seo_keywords=Article 3 Section 47, state lottery, charitable raffles		\|seo_keywords=Article 3 Section 47, state lottery, charitable raffles
	\|seo_description=The Legislature is required to pass laws prohibiting lotteries and "gift enterprises" other than those authorized by this section.		\|seo_description=The Legislature is required to pass laws prohibiting lotteries and "gift enterprises" other than those authorized by this section.
	\|seo_image=~~Texas_Constitution_of_1876_Article_3~~.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department

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	'''(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.'''		'''(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law. The law must also require that: (1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and (2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.'''

	'''(d-1) The Legislature by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this ~~state~~ with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.'''		'''(d-1) The Legislature by general law may permit a professional sports team charitable foundation to conduct charitable raffles under the terms and conditions imposed by general law. The law may authorize the charitable foundation to pay with the raffle proceeds reasonable advertising, promotional, and administrative expenses. A law enacted under this subsection applies only to an entity defined as a professional sports team charitable foundation under that law and may only allow charitable raffles to be conducted at games or rodeo events hosted at the home venue of the professional sports team associated with a professional sports team charitable foundation. In this subsection, "professional sports team" means: (1) a team organized in this State that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association; (2) a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this State with a permanent seating capacity of not less than 75,000; (3) an organization hosting a Professional Golf Association event; (4) an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association; or (5) any other professional sports team defined by law.'''

	'''(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.'''		'''(d-2) Subsection (a) of this section does not prohibit the Legislature from authorizing credit unions and other financial institutions to conduct, under the terms and conditions imposed by general law, promotional activities to promote savings in which prizes are awarded to one or more of the credit union's or financial institution's depositors selected by lot.'''
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	\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")		\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")
	\|seo_keywords=Article 3 Section 47, state lottery, ~~bingo games~~		\|seo_keywords=Article 3 Section 47, state lottery, charitable raffles
	\|seo_description=The Legislature is required to pass laws prohibiting lotteries and "gift enterprises" other than those authorized by this section.		\|seo_description=The Legislature is required to pass laws prohibiting lotteries and "gift enterprises" other than those authorized by this section.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg

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	* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")		* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")

	* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) ("The question of whether or not such plan is condemned as being against public policy by reason of Art. III, Sec. 47, of the Constitution, Vernon's Ann.St., is not for this court to decide. See City of Wink v. Griffith Amusement Co., 129 Tex. 40, 100 S.W.2d 695. Under the authorities mentioned, we must conclude that in the absence of any character of favoritism shown to customers, the lottery statute, Art. 654, P.C., is not violated under a plan whereby a merchant awards a prize or prizes by chance to a registrant without requiring any registrant to be a customer or to purchase merchandise or to do other than to register without charge at the store, though the donor may receive a benefit from the drawing in the way of advertising. The evidence is therefore insufficient to sustain the conviction.")		* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) ("Under the authorities mentioned, we must conclude that in the absence of any character of favoritism shown to customers, the lottery statute, Art. 654, P.C., is not violated under a plan whereby a merchant awards a prize or prizes by chance to a registrant without requiring any registrant to be a customer or to purchase merchandise or to do other than to register without charge at the store, though the donor may receive a benefit from the drawing in the way of advertising. The evidence is therefore insufficient to sustain the conviction.")

	* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")		* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")

Admin at 19:37, August 4, 2023

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	* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")		* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")

	* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) (" ... .")		* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) ("The question of whether or not such plan is condemned as being against public policy by reason of Art. III, Sec. 47, of the Constitution, Vernon's Ann.St., is not for this court to decide. See City of Wink v. Griffith Amusement Co., 129 Tex. 40, 100 S.W.2d 695. Under the authorities mentioned, we must conclude that in the absence of any character of favoritism shown to customers, the lottery statute, Art. 654, P.C., is not violated under a plan whereby a merchant awards a prize or prizes by chance to a registrant without requiring any registrant to be a customer or to purchase merchandise or to do other than to register without charge at the store, though the donor may receive a benefit from the drawing in the way of advertising. The evidence is therefore insufficient to sustain the conviction.")

	* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")		* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")

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	* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")		* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")

			* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) (" ... .")

	* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")		* ''City of Wink v. Griffith Amusement Co.'', 100 S.W.2d 695, [https://texaslegalguide.com/images/100_SW2_695.pdf#page=7 701] (Tex. 1936) ("If it be granted that the plan of defendant in error's 'Bank Night' was not a lottery because a charge was not made for the registration entitling one to participate in the drawing (and this is the only distinction which is here or could be made), then it clearly comes within the condemnatory terms of the Constitution, because it is a 'gift enterprise' involving the lottery principle, which the authorities hold is that principle by which something is to be given by chance. . . . Being condemned by the Constitution, it is against the 'public policy of the State.'")

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	As adopted in 1876, this section read: "The Legislature shall pass laws prohibiting the establishment of lotteries and gift enterprises in this State, as well as the sale of tickets in lotteries, gift enterprises or other evasions involving the lottery principle, established or existing in other ~~States~~." It has been amended seven times. Amendments were approved in 1980, 1989, 1991, 2015, 2017 (two), and 2021.		As adopted in 1876, this section read: "The Legislature shall pass laws prohibiting the establishment of lotteries and gift enterprises in this State, as well as the sale of tickets in lotteries, gift enterprises or other evasions involving the lottery principle, established or existing in other states." It has been amended seven times. Amendments were approved in 1980, 1989, 1991, 2015, 2017 (two), and 2021.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2003/ga0103.pdf#page=8 GA-103] (2003), opined that: "To summarize, in approving the addition of subsection (e) to article III, section 47 of the Texas Constitution, Texas voters in 1991 did not intend to authorize the state to operate, or to contract for the operation of, 'lotteries' in the broad sense that it has been construed by the courts since the adoption of the 1876 constitution."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2003/ga0103.pdf#page=8 GA-103] (2003), opined that: "To summarize, in approving the addition of subsection (e) to article III, section 47 of the Texas Constitution, Texas voters in 1991 did not intend to authorize the state to operate, or to contract for the operation of, 'lotteries' in the broad sense that it has been construed by the courts since the adoption of the 1876 constitution."
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	* ''Tussey v. State'', 494 S.W.2d 866, [https://scholar.google.com/scholar_case?case=1098962787720458050#p869 869] (Tex.Crim.App. 1973) ("It is clear that these provisions of the Constitution were designed to require the passage of laws against the establishment of lotteries in various forms. . . . [T]he Legislature is likewise prohibited from indirectly doing so by way of exemption from criminal prosecution. See City of Wink v. Griffith Amusement Co., [] 100 S.W.2d 695, 700-702 (1936). It is clear that the Legislature was not authorized to exempt from the laws relating to lotteries the sale or drawing of a prize at a fair for the benefit of a church, religious society, veteran's organization, etc.")		* ''Tussey v. State'', 494 S.W.2d 866, [https://scholar.google.com/scholar_case?case=1098962787720458050#p869 869] (Tex.Crim.App. 1973) ("It is clear that these provisions of the Constitution were designed to require the passage of laws against the establishment of lotteries in various forms. . . . [T]he Legislature is likewise prohibited from indirectly doing so by way of exemption from criminal prosecution. See City of Wink v. Griffith Amusement Co., [] 100 S.W.2d 695, 700-702 (1936). It is clear that the Legislature was not authorized to exempt from the laws relating to lotteries the sale or drawing of a prize at a fair for the benefit of a church, religious society, veteran's organization, etc.")

	* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex.1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")		* ''Castilleja v. Camero'', 414 S.W.2d 424, [https://scholar.google.com/scholar_case?case=6092186767625944942#p428 428] (Tex. 1967) (J. Pope, dissenting) ("The majority has incorrectly identified the contract upon which plaintiff Severa Camero sued and must rely. The majority holds that the contract upon which plaintiff sued and recovered judgment was a Mexican contract where lotteries are legal. The contract between the lottery ticket owners and the Mexican National Lottery is one contract. The contract between the ticket holders themselves to share in and divide equally any winnings from the lottery is a distinct and separate contract. Plaintiff asserted no action against the Mexican National Lottery.")

	* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) ("Under the authorities mentioned, we must conclude that in the absence of any character of favoritism shown to customers, the lottery statute, Art. 654, P.C., is not violated under a plan whereby a merchant awards a prize or prizes by chance to a registrant without requiring any registrant to be a customer or to purchase merchandise or to do other than to register without charge at the store, though the donor may receive a benefit from the drawing in the way of advertising. The evidence is therefore insufficient to sustain the conviction.")		* ''Brice v. State'', 242 S.W.2d 433, [https://scholar.google.com/scholar_case?case=5207143765870185632#p435 435] (Tex.Crim.App. 1951) ("Under the authorities mentioned, we must conclude that in the absence of any character of favoritism shown to customers, the lottery statute, Art. 654, P.C., is not violated under a plan whereby a merchant awards a prize or prizes by chance to a registrant without requiring any registrant to be a customer or to purchase merchandise or to do other than to register without charge at the store, though the donor may receive a benefit from the drawing in the way of advertising. The evidence is therefore insufficient to sustain the conviction.")
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	\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")		\|seo_title=Article III, Section 47 of the Texas Constitution ("General Prohibition on Lotteries and Gift Enterprises; Exceptions")
	\|seo_keywords=Article 3 Section 47, state lottery, charitable raffles		\|seo_keywords=Article 3 Section 47, state lottery, charitable raffles
	\|seo_description=The Legislature is required to ~~pass laws prohibiting~~ lotteries and "gift enterprises" other than those authorized by this section.		\|seo_description=The Legislature is required to prohibit lotteries and gift enterprises other than those authorized by this section.
	\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department