By: Uher H.B. No. 785
73R3549 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain violations involving improper influence,
1-3 lobbying, and political contributions in connection with the state
1-4 lottery.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 4.06(a)-(e) and (g), State Lottery Act
1-7 (Article 179g, Vernon's Texas Civil Statutes), are amended to read
1-8 as follows:
1-9 (a) The comptroller, <the state treasurer,> the director, or
1-10 an employee of the division may not knowingly accept a gift or
1-11 political contribution from:
1-12 (1) a person that has a significant financial interest
1-13 in the lottery;
1-14 (2) a person related in the first degree of
1-15 consanguinity or affinity to a person that has a significant
1-16 financial interest in the lottery;
1-17 (3) a person that owns more than a 10 percent interest
1-18 in an entity that has a significant financial interest in the
1-19 lottery;
1-20 (4) a political committee that is directly
1-21 established, administered, or controlled, in whole or in part, by a
1-22 person that has a significant financial interest in the lottery; or
1-23 (5) a person who, within the two years preceding the
1-24 date of the gift or contribution, won a lottery prize exceeding
2-1 $600 in amount or value.
2-2 (b) A former comptroller<, former state treasurer,> or
2-3 former director may not:
2-4 (1) for compensation, represent a person that has made
2-5 or intends to make a bid to operate the lottery before the
2-6 comptroller before the second anniversary of the date that the
2-7 person's service in office or employment with the division ceases;
2-8 (2) represent any person or receive compensation for
2-9 services rendered on behalf of any person regarding a particular
2-10 matter in which the former officer or employee participated during
2-11 the period of service or employment with the division, either
2-12 through personal involvement or because the matter was within the
2-13 scope of the officer's or employee's official responsibility; or
2-14 (3) for compensation, communicate directly with a
2-15 member of the legislative branch to influence legislation on behalf
2-16 of a person that has a significant financial interest in the
2-17 lottery, before the second anniversary of the date that the
2-18 person's service in office or employment with the division ceases.
2-19 (c) A former comptroller, <former state treasurer,> former
2-20 director, or former employee of the division may not, before the
2-21 second anniversary of the date that the person's service in office
2-22 or employment with the division ceases, knowingly accept a gift or
2-23 political contribution from:
2-24 (1) a person that has a significant financial interest
2-25 in the lottery;
2-26 (2) a person related in the first degree of
2-27 consanguinity or affinity to a person that has a significant
3-1 financial interest in the lottery;
3-2 (3) a person that owns more than a 10 percent interest
3-3 in an entity that has a significant financial interest in the
3-4 lottery;
3-5 (4) a political committee that is directly
3-6 established, administered, or controlled, in whole or in part, by a
3-7 person that has a significant financial interest in the lottery; or
3-8 (5) a person who, within the two years preceding the
3-9 date of the gift or contribution, won a lottery prize exceeding
3-10 $600 in amount or value.
3-11 (d) A person may not knowingly make a gift or political
3-12 contribution to the comptroller, <the state treasurer,> the
3-13 director, or an employee of the division if the person:
3-14 (1) has a significant financial interest in the
3-15 lottery;
3-16 (2) is related in the first degree of consanguinity or
3-17 affinity to a person that has a significant financial interest in
3-18 the lottery;
3-19 (3) owns more than a 10 percent interest in an entity
3-20 that has a significant financial interest in the lottery;
3-21 (4) is a political committee that is directly
3-22 established, administered, or controlled, in whole or in part, by a
3-23 person that has a significant financial interest in the lottery;
3-24 or
3-25 (5) within the two years preceding the date of the
3-26 gift or contribution, won a lottery prize exceeding $600 in amount
3-27 or value.
4-1 (e) A person may not knowingly make a gift or political
4-2 contribution to a former comptroller, <former state treasurer,>
4-3 former director, or former employee of the division before the
4-4 second anniversary of the date that the person's service in office
4-5 or employment with the division ceases, if the person:
4-6 (1) has a significant financial interest in the
4-7 lottery;
4-8 (2) is related in the first degree of consanguinity or
4-9 affinity to a person that has a significant financial interest in
4-10 the lottery;
4-11 (3) owns more than a 10 percent interest in an entity
4-12 that has a significant financial interest in the lottery;
4-13 (4) is a political committee that is directly
4-14 established, administered, or controlled, in whole or in part, by a
4-15 person that has a significant financial interest in the lottery;
4-16 or
4-17 (5) within the two years preceding the date of the
4-18 gift or contribution, won a lottery prize exceeding $600 in amount
4-19 or value.
4-20 (g) Subsections (b) and (c) of this section do not apply to
4-21 a former comptroller <or former state treasurer> who left office on
4-22 or before August 10, 1991 <the date of the final approval by the
4-23 legislature of the joint resolution proposing a constitutional
4-24 amendment authorizing the state to conduct a lottery>. Subsection
4-25 (e) of this section does not apply to a person who makes a gift or
4-26 political contribution to a former comptroller <or former state
4-27 treasurer> if the former comptroller <or former state treasurer>
5-1 left office on or before August 10, 1991 <the date of the final
5-2 approval by the legislature of the joint resolution proposing a
5-3 constitutional amendment authorizing the state to conduct a
5-4 lottery>.
5-5 SECTION 2. This Act takes effect September 1, 1993.
5-6 SECTION 3. (a) The change in law made by this Act applies
5-7 only to an offense committed on or after the effective date of this
5-8 Act. For purposes of this section, an offense is committed before
5-9 the effective date of this Act if any element of the offense occurs
5-10 before that date.
5-11 (b) An offense committed before the effective date of this
5-12 Act is covered by the law in effect when the offense was committed,
5-13 and the former law is continued in effect for this purpose.
5-14 SECTION 4. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.