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

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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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