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Honorable Ward Casey, Page 5
Our opinion is that the coin operated machine which you describe is a gaming device and a lottery within the prohibition of Article 619, 642a, Section lb, and 654. SUMMARY The coin operated machine designed and manufac- tured or operated so that with each play for the sum of $.25 the machine delivers, in addition to the trade discount ticket of a value which is known to the player, the additional option to purchase another trade discount ticket which may range in value from $1.00 to $31.00 in trade discounts, is a gaming device and lottery within the prohibition of Article 619, 654, and 642a, Texas Penal Code. Yours very truly, CRAWFORD C. MARTIN Attorney General of Texas By: NOLA WHITE First Assistant Prepared by Guy C. Fisher Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Wardlow Lane James McCoy Jay Floyd Rex White MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant