You aren't required to include any tx in a block.
You are misunderstanding if you think a "winning" hash is universal however. A block hash below the target difficulty allows the network to accept that block and that block only. So for example this particular block hash only "solves" this EXACT block. Change a single tx and you end up with a completely different block hash.
http://blockr.io/block/info/291962If you are asking what prevents you from mining "empty" blocks (techincally no block can be empty all must include one and only one coinbase tx)? The answer is simple ... nothing. Of course in time tx fees will become more important so that is a good way to go bankrupt but if you want to do it, nobody can stop you.