By: De la Garza H.B. No. 242
73R1637 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dedication of state lottery funds to programs for the
1-3 prevention of juvenile violence, gang activity, and drug use.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.02(b), State Lottery Act (Article 179g,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 (b) Money in the state lottery account shall be used only
1-8 for the following purposes and shall be distributed as follows:
1-9 (1) the payment of prizes to the holders of winning
1-10 tickets;
1-11 (2) the payment of costs incurred in the operation and
1-12 administration of the lottery, including any fees received by a
1-13 lottery operator, provided that the costs incurred in a fiscal
1-14 biennium may not exceed an amount equal to 15 percent of the gross
1-15 revenue accruing from the sale of tickets in that biennium;
1-16 (3) the transfer of amounts to the state lottery
1-17 stabilization fund as provided by Subsections (c), (d), and (e) of
1-18 this section; and
1-19 (4) the balance, after creation of a reserve
1-20 sufficient to pay the amounts provided by Subdivisions (1) and (2)
1-21 of this subsection, to be transferred on or before the 15th day of
1-22 each month as follows:
1-23 (A) an amount equal to 90 percent of that
1-24 balance to the unobligated portion of the general revenue fund; and
2-1 (B) an amount equal to 10 percent of that
2-2 balance to the juvenile criminal activity prevention fund
2-3 established by Section 772.006(c), Government Code <, on or before
2-4 the 15th day of each month>.
2-5 SECTION 2. Section 5.02(e), State Lottery Act (Article 179g,
2-6 Vernon's Texas Civil Statutes), is amended to read as follows:
2-7 (e) Money in the state lottery stabilization fund shall be
2-8 distributed only as follows:
2-9 (1) if in any month the net lottery revenue is less
2-10 than 90 percent of the monthly estimate of net lottery revenue, an
2-11 amount equal to the difference between the monthly estimate of net
2-12 lottery revenue<,> and the net lottery revenue shall be transferred
2-13 as follows:
2-14 (A) 90 percent of that amount to the unobligated
2-15 portion of the general revenue fund; and
2-16 (B) 10 percent of that amount to the juvenile
2-17 criminal activity prevention fund established by Section
2-18 772.006(c), Government Code; and
2-19 (2) on the first day of each fiscal biennium, an
2-20 amount equal to one-half of the balance in the state lottery
2-21 stabilization fund shall be transferred as follows:
2-22 (A) 90 percent of that amount to the unobligated
2-23 portion of the general revenue fund; and
2-24 (B) 10 percent of that amount to the juvenile
2-25 criminal activity prevention fund established by Section
2-26 772.006(c), Government Code.
2-27 SECTION 3. Section 5.02(k), State Lottery Act (Article 179g,
3-1 Vernon's Texas Civil Statutes), is amended to read as follows:
3-2 (k) Notwithstanding Subsection (d) of this section, the
3-3 first transfer from the state lottery account to the state lottery
3-4 stabilization fund may not be made before September 1, 1993.
3-5 Notwithstanding Subsection (e)(1) of this section, the first
3-6 transfer from the state lottery stabilization fund to the
3-7 unobligated portion of the general revenue fund and the juvenile
3-8 criminal activity prevention fund may not be made before December
3-9 1, 1993.
3-10 SECTION 4. Section 772.006, Government Code, is amended by
3-11 adding a new Subsection (c) and redesignating existing Subsection
3-12 (c) as Subsection (d) to read as follows:
3-13 (c) The juvenile criminal activity prevention fund is a fund
3-14 in the state treasury. The legislature shall appropriate money
3-15 from the fund only to the criminal justice division of the
3-16 governor's office. The division may distribute the money only to
3-17 local programs for the prevention of juvenile violence, gang
3-18 activity, or drug use. The division may adopt a budget and rules
3-19 for the distribution of money to the local programs. The
3-20 comptroller may audit money collected under this subsection.
3-21 (d) <(c)> The criminal justice division and any project
3-22 funded by the division is subject to examination, inspection, and
3-23 audit by the State Auditor's Office, the Legislative Budget Board,
3-24 and the division of planning coordination to determine compliance
3-25 with this section and the approved annual comprehensive criminal
3-26 justice plans.
3-27 SECTION 5. This Act takes effect September 1, 1993.
4-1 SECTION 6. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.