Texas Alcoholic Beverage Commission v. Amusement & Music Operators of Texas, Inc.

• BEA ANN SMITH, Justice.

This case comes before us on an interlocutory appeal from a temporary injunction. The Amusement and Music Operators of Texas, Inc. (“AMOT”) filed a declaratory judgment action against the Texas Alcoholic Beverage Commission (the “Commission”); Doyne Bailey, the Administrator of the Commission; the Department of Public Safety; and Dudley Thomas, the Director of the Department of Public Safety. AMOT challenged the constitutionality of a Commission memorandum and interoffice communication interpreting the definition of “gambling devices” in section 47.01 of the Texas…