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1940 Book 2 Texas Attorney General Reports and Opinions 0 (1940)

handle is hein.sag/sagtx0168 and id is 1 raw text is: ['ii t v LII) t~c~', I~A -At' JR1I Gerald C. Mann A-rrx , 1 .P-x- Arro NI *X4C X - xiY J'XA. Hon. Homer Garrison, Jr., Director Department of Public Safety Camp Mabry Austin, Texas Dear Sir: Opinion No. 0-1947 Re: Is the Department of Public Safety authorized to seize punch boards, tip sheets, and/or slot machines from the warehouse or distrib4iting point-of a person or persons in the business of distributing same? We have rec! 4ivd your letter requesting the opinion of this department upon the above stated question. Your letter reads as follows: Please advise me whether or not, in your opinion, we will be authorized to seize punch boards, tip sheets, and/or slot ma- chines from the warehouse or distributing point of a person, or , per.ons, in the business of distributing the aforementioned devices. The aforementioned devices, of course, are not being used for gambling purposes in the warehouses, but are being held to be distributed for illegal purposes. We presume that you are interested in ascertaining whether or not punch boards, tip sheets, and/or slot machines must be exhibited for the pur- pose of gaming before they are subject to seizure, or may they be seized from the warehouse or distributing point of a person, or persons, In the business of distributing same, before they are actually distributed and exhibited for ille- gal purposes. Article 630 of the Penal Code of Texas provides: If any person shall knowingly permit any gaming para- phernalia, table, or device or equipment of a gaming house, of any character whatever to remain in his poession or on premises under his control or of which he is owner and to be used for gam- ing purposes, he shall be im ptloned in jail not less than thirty days nor more than one year.

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