AUSTIN - Under the Penal Code, it is unlikely that a court would conclude that an amusement machine is a gambling device, according to a recent opinion by Attorney General Ken Paxton.
Records show that an opinion request was submitted to the Office of the Attorney General on April 19, asking whether an amusement machine is a gambling device under section 47.01 of the Penal Code where the amount awarded from play is determined partially by chance.
The request centers on a Republic Amusements machine that is already in several Texas counties.
According to the request, Republic contends that the game is not a gambling device under the Penal Code because players may win 105 percent of their bet on every play by employing skill, thus removing chance from the equation.
On Feb. 6, Paxton issued an opinion stating that because the request involves the resolution of fact questions, the OAG does not opine on whether a particular amusement machine constitutes a gambling device.
“Penal Code section 47.06 criminalizes possession of a gambling device. Subsection 47.01(4)’s definition of gambling device includes specified contrivances that afford a player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance,” the opinion states.
“It is unlikely a court would conclude that subsection 47.01(4) excludes an amusement machine where the amount awarded from play is partially determined by chance.”
Opinion No. KP-0425