In my small County, several businesses have opened. My Sheriff asked local TABC agents about helping stop the 8 liners, but the agents responded that their "lawyers" told them the new scenario was off limits. Here's how it works: player comes in and gets "free" play card for time, then can purchase additional cards for play, they can play them or simply have them "swiped" to see if they are a winner and get their cash. The TABC told Sheriff that this is a Sweepstakes because the first card is free. Ok, I need input. Mr. Brumley?

We have found that the actual operation of just about every one of these "legal sweepstakes" operations varies from the driven-snow-pure prospectus they're so eager to send us in hopes of a mistake-of-law caliber get out of jail free card.

On the face of your facts, the most glaring problem is that one free play does not ensure universal "sweepstakes" status. The free play is just bait. By contrast, the idea of a sweepstakes is that the player doesn't pay to play at all. That the player doesn't pay the first time doesn't mean it's not gambling every time he/she pays to play thereafter. Particularly where cash is being awarded. I'll be happy to discuss it further if you want to e-mail me.

If it works the way they have described, no one could ever lose money. I find it hard to believe an 8-liner business could become an alturistic enterprise and survive in West Texas or anywhere else for that matter.
The second the customer pays money to the business the sweepstakes is over and the betting has begun. However, if you report that in Kermit there are only winners, then Scott and I may have to make a trip to view this personally!