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.