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Texas Constitution:Article III, Section 47 (view source)
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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 | 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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* ''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 | * ''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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* ''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 | |seo_keywords=Article 3 Section 47, charitable raffles, state lottery | ||
|seo_description=The Legislature is required to | |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 | ||