Untitled Texas Attorney General Opinion ( 1945 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SCLLCRS
GENERAL
ATTGINSV
Eonorabla Alfred b. Clyde
Criaim~l Dlatrlot Attormy
Fort tiorth,Tezaa
opinion No. 0-6653
Re: bgmy 0r publfoationr
underArt. 65 . A. P. C.
Your request for an opinion of this de
as r0uor8;
opinion, an individualor oor
liehor and aells Wo
the others o tlon a8 to
he odda
are certain pub1ioatim.eor
ata about rariout~harm moea
traok,a,tho atartingtim66 for
ea pertloipati~, name OS owner8
Oeition~, bOttin&Jodda, and pasta
sotim 0t th6 inromation appars in the
s;oh aa would ooamand the attention oi
here regardleesof their intereat or laok
We would not be so naive as to say
thqt some or tha other matter submitted ie not or nia]r
not be
used In oonneotionwith the laying bets on horse raoes. PtWli?lpfi
Iionorable Alrred k. Clyde - page 2
some were even publlehed primarily to aid or assist one in-
terested in horse raoa gambling. However, we swat measure
our answer In thdr opinion to the feats given without lndulg-
lng In speoulatlonor presumption.
Art. 65&, V. A. P. C., reade a8 follows:
"Seotlon 1. Any person who takes or aooapts or
plaoea for another a bet or wager of money or anything
of value on a horse raoe, dog raoe, automobile MUJO,
motoroyole.raceor any other raoe of any kind whatso-
ever, football game, baa&all game, athletic ooutest
or sports event of whatsoever kind or oharaoter; or
any person who offera to take or aooept or plaoo for
ar.otherany such bet or wager; or any pereon who as
an agent, aervant or employee or otherwise,aide or
encourages another to take or aooept or plaoe any
such bet or wager; or any person who direotly or
indirectlyauthorizes,aide or enoourages any acent,
servant or employee or other person to take or aooept
or place or tranamlt any auoh bet olrwager shall be
guilty of book making and upon oonvlotlon be punished
by oonflneumnt in the State Penltentlaryfor any term
0r year6 not less than one (1.)nor more than flvo (5)
or by oonflnement in the oounty all Sor not less than
tan (10) days nor more than on0 i 1) year and by a tins
or not less than One Bundred ($100.00)Dollare nor
more.than One Thousand ($l,OOO,OO)Dollars."
Pe:ting on a horse raoe it3the gist or the orrense denounced
with referanoe to this pBrtiOular sport. Ylmmons v. State,
12.0S. W. (Zd) 1061. None of the publloatlonssubaltred ln-
vite or offer to take or plaoe a horae raoe bat. Ho infor-
e.atl;nis contained therein OonOernInga plaoe where, tb
manner In whloh, or the person or pamone with whom, suoh
a bet may be plaoed.
Your request doea not reveal that a partioular bet was
ever aotually nude, taken, placed for another, or offered by
mans or and through the uae and aid of any of the publication8
submitted.
247
Honorable Alfred b.. Clyde - page 3
The sole question presented is whether the pubiioation
of such racing information In itself and standing alone, violates
the provisions of Art. 05Za, V. A. E. C. It Is to I;r: noted that
bets on footbau and other games and ruces are included within
the prohlbltion of the statute inquired about. Are newspapers
and sports writers who fill their pm-gaLe oUtions with the
na566, numbers and weights of the players, the condition of
their health, the new formtions and team strata&e&, to b; pro-
seouted because some fana use this inforaation in aid OS’ Lhe
illegal enterprise of betting upon the football game? :rre
oolumnists and publishers of progralca for sporting events to
be placed In fear of legal retribution where they have expertiy
analyzed the abilities and reoords of op~osihg teams and mde
prognostloatlons based t&oreon - plaoed in fear lest so!;e gunb-
ler seize upon and use his data as a predicate for his bet: .de
do not think that auoh is the case. The publloatlon and dis-
s&s&nation of sporting lnrormatlon, statlstlos, and data is
not in itself a violation 0s our statutea. To so hoid, we
think, would violate a guaranty that is snored to every tier-
ioan - freedom 0s the press. Such wound not he the oase of
course if raots were developed showing that a given publioa-
tion was made and distributed for the purpose of and in fur-
tnerance and aid of a epeoiflo illegal gambling enterprise or
transaotioh.
iilthout attempting to render hers an opinion on the
legality of such publications if oolilblnedwith other fao~s or cir-
oumatanoes whloh are not presented in your request, it is our
opinion that the bare publication and dlssemlnation of such ln-
formation oonstitutes no viol.ation 0s Art. 652a, V. A. r:. C.
/J Pugene Alvis
Assietaht