The Laws of Texas, 1937-1939 [Volume 31] Page: 11 of 1,313
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FORTY-FIFTH LEGISLATURE-FIRST CALLED SESSION. 1739
DEFINING AND PROHIBITING BOOK MAKING.
S. B. No. 2.] CHAPTER 2.
An Act defining and prohibiting the offenses of "book making" and of
"pursuing the business of book making"; making it unlawful to permit
the use of certain property in connection with book making; prohibiting
and regulating the use of certain methods of communication in connection
with or in aid of book making; declaring certain property
used in connection with book making to be a public nuisance and
providing procedure for the abatement of that nuisance; authorizing
conviction for any offense under this Act upon the uncorroborated
testimony of an accomplice; and exempting from prosecution accomplices
who testify; providing the quantum of proof and allegation
upon trial of cases arising under this Act; prescribing penalties for
a violation of the several provisions hereof; making the provisions
of this Act cumulative of existing laws; providing that peace officers
and other officers named herein may make arrests without warrants
in certain instances; providing for the joinder of persons in indictment
for the offenses herein and for joint indictment and joint trial for
offenses under this Act and prescribing procedure relative thereto;
providing a saving or severance clause; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. Any person who takes or accepts or places for
another a bet or wager of money or anything of value on a
horse race, dog race, automobile race, motorcycle race or any
other race of any kind whatsoever, football game, baseball
game, athletic contest or sports event of whatsoever kind or
character; or any person who offers to take or accept or place
for another any such bet or wager; or any person who as an
agent, servant or employee or otherwise, aids or encourages
another to take or accept or place any such bet or wager; or any
person who directly or indirectly authorizes, aids or encourages
any agent, servant or employee or other person to take or accept
or place or transmit any such bet or wager shall be guilty of
book making and upon conviction be punished by confinement
in the State Penitentiary for any term of years not less than
one (1) nor more than five (5) or by confinement in the county
jail for not less than ten (10) days nor more than one (1) year
and by a fine of not less than One Hundred ($100.00) Dollars
nor more than One Thousand ($1,000.00) Dollars.
SEC. 2. Any person who shall within a period of one (1)
year next preceding the filing of the indictment commit as many
as three (3) acts which are prohibited under Section 1 of this
Act shall be guilty of engaging in the business of book making
and upon conviction shall be punished as provided in Section 1
of this Act.
SEC. 3. The term "pursuing the business of book making"
within the meaning of Section 2 shall not be restricted to mean
the primary or principal vocation or business of the defendant.
SEC. 4. Using Pla6e for Book making.-Any owner, agent,
lessor or lessee of any real or personal property who shall know-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth18824/m1/11/: accessed December 10, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .