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OFPlCE OF THE ATTORNE"
STATE OF TEXAS
Mr. Brett Bray Division Director Motor Vehicle Board Texas Department of Transportation 200 East Riverside Drive, Building 150 Austin, Texas 78768-2293 Dear Mr. Bray:
Opinion No. JC-0174 Re: Whether a promotional contest that requires entrants to take a "test drive" constitutes a lottery under Texas law (RQ-0106-JC)
You ask whether an automobile dealer' s promotional contest that requires an entrant to participate in a test drive as a condition of entry constitutes a "lottery" under section 47.03 of the Penal Code. For the reasons set forth below, we conclude that it does not. As you describe the scheme, an individual who visits an automobile dealer is eligible to enter a drawing for a prize on the condition that he or she take a test drive in one of the dealer' s vehicles. Section 47.03 of the Penal Code provides that a person commits a Class A misdemeanor "if he intentionally or knowingly," inter alia, "for gain, sets up or ...