The Honorable Robert F. Deuell, M.D.
AGO GA-1074
Opinion No. GA-1074
Texas Attorney General Opinions
Attorney General Of Texas
August 8, 2014
The Honorable Robert F. Deuell, M.D.
Chair, Committee on Economic Development
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 -2068
Re: Whether Texas Triple Chance, a game proposed by the Lottery Commission, violates the Texas Constitution (RQ-1185-GA)
Dear Senator Deuell:
You ask whether a new game, Texas Triple Chance, created by the Texas Lottery Commission (the "Commission") violates the Texas Constitution.[1] Article III, subsection 47(e) of the Texas Constitution provides that "[t]he Legislature by general law may authorize the State to operate lotteries." Tex. Const, art. Ill, § 47(e). Pursuant to this authority, the Legislature has enacted chapter 466 of the Government Code, titled the State Lottery Act ("the Act"). Tex. Gov't Code Ann. § 466.001 (West 2012); see generally id. §§ 466.002-.453 (West 2012 & Supp. 2013). Under section 466.015 of the Act, the Commission "may adopt rules governing the establishment and operation of the lottery, including rules governing ... the type of lottery games to be conducted." Id. § 466.015(c)(1) (West 2012).
Pursuant to its rule making authority, the Commission has adopted a new administrative rule explaining the game design, operation, and prize structure for Texas Triple Chance. See 16 Tex. Admin. Code § 401.322 (West 2014) (Tex. Lottery Comm'n). For each $2 play, "the player gets three sets of 7 numbers, or three Chances to win." Id. § 401.322(d), (e)(2). Each set is selected from a field of 55 (numbered 1-55)." Id. § 401.322(d). Drawings for Texas Triple Chance will be held daily, Monday through Saturday, at which time "[f]en (10) different numbers from 1 through 55 shall be drawn." Id. § 401.322(f)(l)-(2). "If the player matches all 7 numbers in any one chance to the numbers drawn in the drawing, the player wins the top prize" of $100,000, subject to certain exceptions.[2] Id. § 401.322(d), (h)(1)(A). If a player matches 6 numbers in any one chance to the numbers drawn in the drawing, the player wins $500, and smaller prizes exist for a match of 5, 4 or 3 numbers. Id. § 401.322(h)(1)(A) (table). In describing Texas Triple Chance, you state that the game "contains a preset prize amount" and that "[i]n the event there is not a jackpot winner...
