No. V-0072 (1947).

• Case Date: March 06, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0072 (1947). 1March 6, 1947Hon. Cecil Storey, ChairmanCriminal Jurisprudence CommitteeHouse of RepresentativesAustin, TexasOpinion No. V-72Re: Validity of House Bill No. 220 50th Legislature.Dear Sir:You request an official opinion on the constitutionality of House Bill No, 220, which bill itself is attached to your request. This bill is short, and we reproduce it in full as follows: "A BILL "TO BE ENTITLED

"AN ACT to amend Title 5, Chapter 1, of the Penal Code of Texas by adding thereto another article to be known as Article 178b, and making bribery of officials, players and participants in athletic contests a crime.

"BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

"Section 1. That Title 5, Chapter 1, of the Penal Code of Texas, be amended by adding thereto another article to be known as Article 178b, and to read as follows:

"'Article 178b. Whoever shall bribe or attempt to bribe any player or participant in any athletic contest, or any official in any athletic contest, whose action or nonaction might affect the result of such contest, with the intent to influence or change the result or outcome of such athletic contest, shall be confined in the penitentiary for not less than two nor more than five years.'"

2We think there is great doubt as to the validity of House Bill No. 220 in its present form for the following reasons. The bill although creating the offense of bribery, does not define the term "bribe" or "bribery," but makes the same a part of Title 5, Chapter 1, dealing with bribery. In this chapter, the term...