73R7535 JSA-D
          By Wilson                                             H.B. No. 1587
          Substitute the following for H.B. No. 1587:
          By Wilson                                         C.S.H.B. No. 1587
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of the state lottery; creating the State
    1-3  Lottery Commission; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 1.02(1) and (2), State Lottery Act
    1-6  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
    1-7  as follows:
    1-8              (1)  "Commission" means the State Lottery Commission
    1-9  <"Director" means the director of the division>.
   1-10              (2)  "Executive director" means the executive director
   1-11  of the commission <"Division" means the lottery division
   1-12  established in the office of the comptroller under this Act>.
   1-13        SECTION 2.  Sections 1.03 and 2.01, State Lottery Act
   1-14  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   1-15  as follows:
   1-16        Sec. 1.03.  Application of Sunset Act.  <(a)>  The commission
   1-17  <lottery division> is subject to Chapter 325, Government Code
   1-18  (Texas Sunset Act).  Unless continued in existence as provided by
   1-19  that chapter, the commission <division> is abolished and this Act
   1-20  expires September 1, 2003.
   1-21        <(b)  A contract between the division and a lottery operator
   1-22  under Section 2.02(g) of this Act must terminate on or before
   1-23  September 1, 2004.>
   1-24        Sec. 2.01.  EXECUTIVE DIRECTOR <Lottery Division>.  (a)  <A
    2-1  division to administer a state lottery is created in the office of
    2-2  the comptroller.  The division is administered by the director.>
    2-3        <(b)>  The governor <comptroller> shall appoint a person to
    2-4  serve as executive director with the advice and consent of the
    2-5  senate <and chief executive officer of the division subject to the
    2-6  comptroller's direction>.  The executive director holds office for
    2-7  a term concurrent with that <at the will> of the governor
    2-8  <comptroller> and is specifically exempted from the Position
    2-9  Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
   2-10  Statutes).  The executive director is entitled to receive an annual
   2-11  salary in an amount set by the commission <comptroller>.  The
   2-12  executive director also is entitled to reimbursement for expenses
   2-13  actually and necessarily incurred in the performance of the
   2-14  executive director's duties.
   2-15        (b) <(c)>  The executive director may create, abolish,
   2-16  transfer, and consolidate bureaus and other units in the commission
   2-17  <division> that are not expressly established by law as the
   2-18  executive director determines to be necessary for the efficient
   2-19  operation of the commission <division>.
   2-20        (c) <(d)>  Except as otherwise provided by law, the executive
   2-21  director may appoint deputies, assistants, other officers and
   2-22  employees, committees, and consultants and may prescribe their
   2-23  powers and their expenses.  Commission <Division> employees serve
   2-24  at the will of the executive director.  The executive director may
   2-25  not employ any person who would be denied a license as a sales
   2-26  agent under Section 3.02 of this Act.  The executive director may
   2-27  not employ or continue to employ any person who owns a financial
    3-1  interest in a lottery sales agency or a lottery operator.
    3-2        (d) <(e)>  The executive director may employ or contract with
    3-3  marketing representatives to promote the sale of tickets, to
    3-4  encourage persons to apply to become sales agents, or to
    3-5  investigate the qualifications of sales agent applicants.  The
    3-6  marketing representatives are exempted from the Position
    3-7  Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
    3-8  Statutes) and may be compensated based on a sales incentive system
    3-9  to be established by the executive director.
   3-10        (e) <(f)>  The legislature intends that the commission
   3-11  <division> be a self-supporting, revenue-raising agency of state
   3-12  government.  Except as provided by <Subsection (g) of this section
   3-13  or by> Section 13, Chapter 6 <of H.B. No.  54>, Acts of the 72nd
   3-14  Legislature, 1st Called Session, 1991, no appropriation, loan, or
   3-15  other transfer of state funds may be made to the commission
   3-16  <division>.
   3-17        <(g)  The comptroller may transfer to the division amounts
   3-18  appropriated to the comptroller for purposes other than the
   3-19  administration of this Act.  If the comptroller proposes to
   3-20  transfer amounts under this subsection, the comptroller shall
   3-21  notify the Legislative Budget Board in writing of the amount of the
   3-22  proposed transfer.  The comptroller may not make the proposed
   3-23  transfer unless the board approves it.  If the board does not
   3-24  approve or disapprove the proposed transfer before the 10th day
   3-25  after the date that the comptroller notifies the board of the
   3-26  proposed transfer, the board is considered to have approved the
   3-27  transfer.  If the board disapproves the proposed transfer, the
    4-1  comptroller may request the governor to make a proposal for the
    4-2  transfer of an appropriation as provided by Chapter 317, Government
    4-3  Code.>
    4-4        <(h)  The comptroller shall reimburse any amount of an
    4-5  appropriation transferred under Subsection (g) of this section to
    4-6  the account or fund from which it was transferred.  The
    4-7  reimbursement must:>
    4-8              <(1)  be made from funds received by the comptroller
    4-9  for license fees and ticket sales under this Act; and>
   4-10              <(2)  be made not later than the first anniversary of
   4-11  the date of the transfer.>
   4-12        <(i)  The comptroller's authority to transfer funds to the
   4-13  division under Subsection (g) of this section expires September 1,
   4-14  1993.  This subsection and Subsections (g) and (h) of this section
   4-15  expire January 1, 1995.>
   4-16        (f) <(j)>  Commission <Division> employees are specifically
   4-17  exempted from the Position Classification Act of 1961 (Article
   4-18  6252-11, Vernon's Texas Civil Statutes).  The salary of these
   4-19  employees shall be set by the executive director.
   4-20        (g) <(l)>  The legislature intends that advertisements or
   4-21  promotions sponsored by the commission <comptroller's office or the
   4-22  division> for the lottery not be of a nature that unduly influences
   4-23  any person to purchase a lottery ticket or number.
   4-24        SECTION 3.  Article 1, State Lottery Act (Article 179g,
   4-25  Vernon's Texas Civil Statutes), is amended by adding Section 1.041
   4-26  to read as follows:
   4-27        Sec. 1.041.  DAILY ON-LINE GAME.  (a)  The commission shall
    5-1  conduct a continuous daily on-line game with daily ticket sales.
    5-2        (b)  The commission shall initiate the operation of the daily
    5-3  on-line game not later than April 1, 1994.
    5-4        SECTION 4.  Section 2.02, State Lottery Act (Article 179g,
    5-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    5-6        Sec. 2.02.  POWERS AND DUTIES OF EXECUTIVE <COMPTROLLER,>
    5-7  DIRECTOR<,> AND COMMISSION <DIVISION>.  (a)  The commission
    5-8  <comptroller> and executive director have broad authority and shall
    5-9  exercise strict control and close supervision over all lottery
   5-10  games conducted in this state to promote and ensure integrity,
   5-11  security, honesty, and fairness in the operation and administration
   5-12  of the lottery.
   5-13        (b)  The commission <comptroller> shall adopt all rules
   5-14  necessary to administer this Act.  The executive director may
   5-15  propose rules to be adopted by the commission <comptroller>, but
   5-16  the executive director's proposed rules have no effect until
   5-17  adopted by the commission <comptroller>.
   5-18        (c)  The commission <comptroller> shall adopt rules to the
   5-19  extent they are not inconsistent with the Open Meetings Act
   5-20  (Article 6252-17, Vernon's Texas Civil Statutes) and the Open
   5-21  Records Act (Article 6252-17a, Vernon's Texas Civil Statutes)
   5-22  governing the:
   5-23              (1)  security for the lottery and the commission
   5-24  <division>, including the development of an internal security plan;
   5-25              (2)  apportionment of the total revenues from the sale
   5-26  of tickets and from all other sources in the amounts provided by
   5-27  this Act;
    6-1              (3)  enforcement of prohibitions on the sale of tickets
    6-2  to or by an individual younger than 18 years of age; and
    6-3              (4)  enforcement of prohibitions on a person playing a
    6-4  lottery game or activity by telephone.
    6-5        (d)  The commission <comptroller> may adopt rules governing
    6-6  the establishment and operation of the lottery, including rules
    6-7  governing:
    6-8              (1)  the type of lottery games or activities to be
    6-9  conducted;
   6-10              (2)  the price of each ticket;
   6-11              (3)  the number of winning tickets and amount of the
   6-12  prize paid on each winning ticket;
   6-13              (4)  the frequency of the drawing or selection of a
   6-14  winning ticket;
   6-15              (5)  the number and types of locations at which a
   6-16  ticket may be sold;
   6-17              (6)  the method to be used in selling a ticket;
   6-18              (7)  the use of vending machines or electronic or
   6-19  mechanical devices of any kind, other than machines or devices that
   6-20  dispense currency or coins as prizes;
   6-21              (8)  the manner of paying a prize to the holder of a
   6-22  winning ticket;
   6-23              (9)  the investigation of possible violations of this
   6-24  Act or any rule adopted under this Act;
   6-25              (10)  the means of advertising to be used for the
   6-26  lottery;
   6-27              (11)  the qualifications of vendors of lottery services
    7-1  or equipment;
    7-2              (12)  the confidentiality of information relating to
    7-3  the operation of the lottery, including:
    7-4                    (A)  trade secrets;
    7-5                    (B)  security measures, systems, or procedures;
    7-6                    (C)  security reports;
    7-7                    (D)  bids or other information regarding the
    7-8  commission's <division's> contracts, if disclosure of the
    7-9  information would impair the commission's <division's> ability to
   7-10  contract for facilities, goods, or services on terms favorable to
   7-11  the commission <division>;
   7-12                    (E)  personnel information unrelated to
   7-13  compensation, duties, qualifications, or responsibilities; and
   7-14                    (F)  information obtained by commission
   7-15  <division> security officers or investigators;
   7-16              (13)  the development and availability of a model
   7-17  agreement governing the division of a prize among multiple
   7-18  purchasers of a winning ticket purchased through a group purchase
   7-19  or pooling arrangement;
   7-20              (14)  the criteria to be used in evaluating bids for
   7-21  contracts for lottery facilities, goods, and services; or
   7-22              (15)  any other matter necessary or desirable as
   7-23  determined by the commission <comptroller>, to promote and ensure:
   7-24                    (A)  the integrity, security, honesty, and
   7-25  fairness of the operation and administration of the lottery; and
   7-26                    (B)  the convenience of players and holders of
   7-27  winning tickets.
    8-1        (e)  If the executive director authorizes a person who is not
    8-2  an employee of the commission <division> to sell tickets, the
    8-3  person must be licensed as a sales agent by the commission
    8-4  <division>.  The executive director may establish a provisional
    8-5  license or other classes of licenses necessary to regulate and
    8-6  administer the quantity and type of lottery games or activities
    8-7  provided at each licensed location.  Each sales agent shall post a
    8-8  cash bond, surety bond, letter of credit, certificate of deposit,
    8-9  or other security approved by the executive director, including the
   8-10  contribution of cash to a pooled bond fund established by the
   8-11  executive director to protect the state from possible losses.  The
   8-12  amount of the security shall be determined by the executive
   8-13  director and shall reflect the possible losses to the state from
   8-14  the operation of the sales agent.  The executive director may also
   8-15  require a sales agent to maintain insurance if necessary to protect
   8-16  the interests of the state.  As prescribed by rule <division
   8-17  rules>, each sales agent shall prominently display the license in
   8-18  each place of business or activity at which the sales agent sells
   8-19  tickets.
   8-20        (f)  The commission <comptroller> shall make an annual report
   8-21  to the governor and the legislature that provides a summary of
   8-22  lottery revenues, prize disbursements, and other expenses for the
   8-23  fiscal year preceding the report.  The report must be in the form
   8-24  and reported in the time provided by the General Appropriations
   8-25  Act.
   8-26        (g)  The executive director may contract with or employ a
   8-27  person to perform a function, activity, or service in connection
    9-1  with the operation of the lottery as prescribed by the executive
    9-2  director.  A person with whom the executive director contracts to
    9-3  operate a lottery must be eligible for a sales agent license under
    9-4  Section 3.02 of this Act.
    9-5        (h)  <A contract for independent consulting, management
    9-6  services, or activities related to the establishment or
    9-7  implementation of lottery operations is not subject to:>
    9-8              <(1)  the State Purchasing and General Services Act
    9-9  (Article 601b, Vernon's Texas Civil Statutes);>
   9-10              <(2)  the Professional Services Procurement Act
   9-11  (Article 664-4, Vernon's Texas Civil Statutes);>
   9-12              <(3)  Chapter 454, Acts of the 65th Legislature,
   9-13  Regular Session, 1977 (Article 6252-11c, Vernon's Texas Civil
   9-14  Statutes); or>
   9-15              <(4)  the Information Resources Management Act (Article
   9-16  4413(32j), Revised Statutes).>
   9-17        <(i)  This subsection and Subsection (h) of this section
   9-18  expire September 1, 1993.>
   9-19        <(j)>  Each lottery operator's and sales agent's records are
   9-20  subject to audit by the commission <division, the comptroller,> and
   9-21  the state auditor.  For the purpose of carrying out this Act, the
   9-22  executive director<, comptroller,> or state auditor may examine all
   9-23  books, records, papers, or other objects that the executive
   9-24  director<, comptroller,> or state auditor determines are necessary
   9-25  for conducting a complete examination under this Act and may also
   9-26  examine under oath any officer, director, or employee of a lottery
   9-27  operator or sales agent.  The executive director<, comptroller,> or
   10-1  state auditor may conduct an examination at the principal office or
   10-2  any other office of the lottery operator or sales agent or may
   10-3  require the lottery operator or sales agent to produce the records
   10-4  at the office of the commission <division,  comptroller,> or state
   10-5  auditor.  If a sales agent refuses to permit an examination or to
   10-6  answer any question authorized by this subsection, the executive
   10-7  director <comptroller> may summarily suspend the license of the
   10-8  sales agent under Section 3.03 of this Act until the examination is
   10-9  completed as required.  Section 321.013(h), Government Code, does
  10-10  not apply to an audit of a lottery operator or sales agent.
  10-11        (i) <(k)>  The commission <comptroller> shall adopt rules
  10-12  prohibiting the operation of any game using a video lottery machine
  10-13  or machine.  As used in this subsection "video lottery machine" or
  10-14  "machine" means any electronic video game machine that, upon
  10-15  insertion of cash, is available to play or simulate the play of a
  10-16  video game, including but not limited to video poker, keno, and
  10-17  blackjack, utilizing a video display and microprocessors in which
  10-18  the player may receive free games or credits that can be redeemed
  10-19  for cash, coins or tokens, or that directly dispenses cash, coins,
  10-20  or tokens.
  10-21        SECTION 5.  Section 2.03(a), State Lottery Act (Article 179g,
  10-22  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-23        (a)  The executive director or a lottery operator may not
  10-24  establish or operate a lottery game or activity in which the winner
  10-25  is chosen on the basis of the outcome of a sports event.
  10-26        SECTION 6.  Sections 2.04(a)-(f), (h), and (k), State Lottery
  10-27  Act (Article 179g, Vernon's Texas Civil Statutes), are amended to
   11-1  read as follows:
   11-2        (a)  The executive director may establish procedures for the
   11-3  purchase or lease of facilities, goods, and services and make any
   11-4  purchases, leases, or contracts that are necessary for carrying out
   11-5  the purposes of this Act.  The procedures shall, as determined
   11-6  feasible and appropriate by the executive director, promote
   11-7  competition to the maximum extent possible.  In all procurement
   11-8  decisions, the executive director shall take into account the
   11-9  particularly sensitive nature of the lottery and shall act to
  11-10  promote and ensure integrity, security, honesty, and fairness in
  11-11  the operation and administration of the lottery and the objective
  11-12  of producing revenues for the state treasury.
  11-13        (b)  The executive director may not award a contract for the
  11-14  purchase or lease of facilities, goods, or services related to
  11-15  lottery operations to a person who would be denied a license as a
  11-16  sales agent under Section 3.02 of this Act.
  11-17        (c)  The procurement procedures adopted by the executive
  11-18  director shall, as determined feasible and appropriate by the
  11-19  executive director, afford any party who is aggrieved by the terms
  11-20  of a solicitation or the award of a contract an opportunity to
  11-21  protest the executive director's action to the commission
  11-22  <comptroller>.  The protest procedures shall provide for an
  11-23  expedient resolution of the protest in order to avoid substantially
  11-24  delaying a solicitation or contract award that is necessary for the
  11-25  timely implementation of a lottery game.  A protest must be in
  11-26  writing and be filed with the commission <comptroller> not later
  11-27  than 72 hours after receipt of notice of the executive director's
   12-1  action.
   12-2        (d)  A party who is aggrieved by the commission's
   12-3  <comptroller's> resolution of a protest under Subsection (c) of
   12-4  this section may file an action in the district court of Travis
   12-5  County.  The court shall give preference to hearings and trials of
   12-6  actions under this section.  If the party filing the action seeks
   12-7  to enjoin the implementation of a solicitation or contract, the
   12-8  party shall post a bond that is payable to the state if the party
   12-9  does not prevail in the appeal, and is in an amount sufficient to
  12-10  compensate the state for the revenue that would be lost due to the
  12-11  delay in lottery operations.
  12-12        (e)  A contract for the acquisition or provision of
  12-13  facilities, supplies, equipment, materials, or services related to
  12-14  the operation of the lottery shall provide for liquidated damages
  12-15  and a performance bond in an amount equal to the executive
  12-16  director's best available estimate of the revenue that would be
  12-17  lost if the contractor fails to meet deadlines specified in the
  12-18  contract.
  12-19        (f)  On request of the executive director, the <State
  12-20  Purchasing and> General Services Commission shall assist the
  12-21  executive director in:
  12-22              (1)  acquiring facilities, supplies, materials,
  12-23  equipment, and services under the State Purchasing and General
  12-24  Services Act (Article 601b, Vernon's Texas Civil Statutes); or
  12-25              (2)  establishing procedures for the executive
  12-26  director's accelerated acquisition of facilities, supplies,
  12-27  materials, equipment, and services for the operation of the
   13-1  lottery.
   13-2        (h)  Notwithstanding the provisions of the Public Utility
   13-3  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), the
   13-4  executive director <comptroller> may negotiate rates and execute
   13-5  contracts with telecommunications service providers for the
   13-6  interexchange services necessary for the operation of the lottery.
   13-7  The executive director <comptroller> may acquire transmission
   13-8  facilities by lease, purchase, or lease-purchase.  The acquisition
   13-9  of transmission facilities shall be done on a competitive bid basis
  13-10  if possible.
  13-11        (k)  The commission <comptroller> shall require any person
  13-12  seeking to contract for goods or services relating to the
  13-13  implementation and administration of this Act to submit to
  13-14  competitive bidding procedures in accordance with rules established
  13-15  by the commission <comptroller>.  Such procedures shall be for the
  13-16  purpose of insuring fairness and integrity.
  13-17        SECTION 7.  Section 2.05(a), State Lottery Act (Article 179g,
  13-18  Vernon's Texas Civil Statutes), is amended to read as follows:
  13-19        (a)  In all contracts for lottery equipment, supplies,
  13-20  services, and advertising, the commission <division> and each
  13-21  lottery operator shall give preference to equipment or supplies
  13-22  produced in this state or services or advertising offered by
  13-23  bidders from this state, the cost to the state and quality being
  13-24  equal.
  13-25        SECTION 8.  Sections 2.06(a) and (c), State Lottery Act
  13-26  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
  13-27  as follows:
   14-1        (a)  The executive director<, the division,> and each lottery
   14-2  operator shall take positive steps to:
   14-3              (1)  inform minority businesses of opportunities to:
   14-4                    (A)  provide lottery equipment and supplies to
   14-5  the commission <division>;
   14-6                    (B)  provide services, including advertising, to
   14-7  the commission <division> for the operation of the lottery; or
   14-8                    (C)  obtain a license to sell lottery tickets;
   14-9              (2)  waive or modify bond requirements, if feasible;
  14-10              (3)  award contracts for lottery equipment or supplies
  14-11  to minority businesses when possible;
  14-12              (4)  award contracts for lottery services, including
  14-13  advertising, to minority businesses when possible;
  14-14              (5)  license minority businesses as sales agents;
  14-15              (6)  monitor the effectiveness of the efforts to
  14-16  increase the ability of minority businesses to do business with the
  14-17  commission <division>; and
  14-18              (7)  require all bidders or contractors, when
  14-19  appropriate, to include specific plans or arrangements to utilize
  14-20  subcontracts with minority businesses.
  14-21        (c)  The commission <comptroller> shall annually report to
  14-22  the legislature and the governor on the level of minority business
  14-23  participation as pertains to both the commission's <division's>
  14-24  contracts and the licensure of sales agents.  The report shall
  14-25  include recommendations for the improvement of minority business
  14-26  opportunities in lottery-related business.
  14-27        SECTION 9.  Sections 2.07-2.11, State Lottery Act (Article
   15-1  179g, Vernon's Texas Civil Statutes), are amended to read as
   15-2  follows:
   15-3        Sec. 2.07.  Television Contracts.  If the drawing or
   15-4  selection of winning tickets is televised under a contract with the
   15-5  commission <division>, the contract must be awarded by competitive
   15-6  bid.  The commission <comptroller> shall adopt rules governing the
   15-7  competitive bidding process.  Money received under the contract
   15-8  shall be deposited in the state lottery account established under
   15-9  Section 5.02 of this Act.
  15-10        Sec. 2.08.  Publicity of Individuals Prohibited.  A state
  15-11  officer <or employee>, including a commission member or <the
  15-12  comptroller,> the executive director, or an officer or employee of
  15-13  the commission <comptroller's office or the division,> may not
  15-14  appear in a paid <an> advertisement <or promotion> for the lottery
  15-15  that is sponsored by the commission <comptroller's office or the
  15-16  division> or in a televised lottery drawing.  A paid <An>
  15-17  advertisement <or promotion> for the lottery may not contain the
  15-18  likeness or name of a state officer <or employee>, including a
  15-19  commission member or <the comptroller,> the executive director, or
  15-20  an officer or employee of the commission <comptroller's office or
  15-21  the division>.  In connection with providing security for the
  15-22  lottery, this section shall not prohibit a security officer or
  15-23  investigator employed by the commission <division> from appearing
  15-24  in a televised lottery drawing <or other promotion> for the lottery
  15-25  that is sponsored by the commission <comptroller's office or the
  15-26  division>.  Notwithstanding the provisions of this section, the
  15-27  executive director may designate an employee of the commission
   16-1  <division> to participate in a promotional event<, the purpose of
   16-2  which is to award a prize>.
   16-3        Sec. 2.09.  Audit.  The executive director shall provide for
   16-4  a certified public accountant to conduct an independent audit for
   16-5  each fiscal year of all accounts and transactions of the lottery.
   16-6  The certified public accountant may not have, as determined by the
   16-7  executive director, a significant financial interest in a sales
   16-8  agent, lottery vendor, or lottery operator.  The certified public
   16-9  accountant shall present an audit report to the executive director,
  16-10  the commission <comptroller>, the governor, and the legislature not
  16-11  later than April 1 of the year following the fiscal year for which
  16-12  the audit was performed.  The report must contain recommendations
  16-13  to enhance the earnings capability of the lottery and improve the
  16-14  efficiency of lottery operations.  The state auditor may review the
  16-15  results of and working papers related to the audit.
  16-16        Sec. 2.10.  Investigations.  The attorney general, the
  16-17  district attorney for Travis County, or the district attorney,
  16-18  criminal district attorney, or county attorney performing the
  16-19  duties of district attorney for the county in which the violation
  16-20  or alleged violation occurred may investigate a violation or
  16-21  alleged violation of this Act and of the penal laws of this state
  16-22  by the commission <division> or its employees, a sales agent, a
  16-23  lottery vendor, or a lottery operator.
  16-24        Sec. 2.11.  Enforcement.  (a)  The executive director
  16-25  <comptroller> or designated personnel of the commission <division>
  16-26  may investigate violations of this Act and violations of the rules
  16-27  adopted under this Act.  After conducting investigations, the
   17-1  executive director <comptroller>, a person designated by the
   17-2  commission <comptroller>, or any law enforcement agency may file a
   17-3  complaint with the district attorney of Travis County or with the
   17-4  district attorney of the county in which a violation is alleged to
   17-5  have occurred.
   17-6        (b)  The executive director <comptroller> has the
   17-7  administrative, enforcement, and collection powers provided by
   17-8  Subtitle B, Title 2, Tax Code, in regard to the lottery.  For
   17-9  purposes of the application of Title 2 of the Tax Code:
  17-10              (1)<,> the state's share of proceeds from the sale of
  17-11  lottery tickets is treated as if it were a tax; and
  17-12              (2)  a power granted to the comptroller may be
  17-13  exercised by the commission.
  17-14        SECTION 10.  Article 2, State Lottery Act (Article 179g,
  17-15  Vernon's Texas Civil Statutes), is amended by adding Section 2.111
  17-16  to read as follows:
  17-17        Sec. 2.111.  VENUE.  Venue is proper in Travis County or any
  17-18  county in which venue is proper under Chapter 13, Code of Criminal
  17-19  Procedure, and its subsequent amendments for:
  17-20              (1)  an offense under this Act;
  17-21              (2)  an offense under the Penal Code, if the accused:
  17-22                    (A)  is a lottery operator, lottery vendor, sales
  17-23  agent, or employee of the division; and
  17-24                    (B)  is alleged to have committed the offense
  17-25  while engaged in lottery activities; or
  17-26              (3)  an offense that involves property consisting of or
  17-27  including lottery tickets under Title 7 or 11, Penal Code, and its
   18-1  subsequent amendments.
   18-2        SECTION 11.  Sections 2.12(a)-(f), State Lottery Act (Article
   18-3  179g, Vernon's Texas Civil Statutes), are amended to read as
   18-4  follows:
   18-5        (a)  The executive director shall maintain a department of
   18-6  security in the commission <division>.  The executive director
   18-7  shall appoint a deputy to administer the department.  The deputy
   18-8  must be qualified by training and experience in law enforcement or
   18-9  security to supervise, direct, and administer the activities of the
  18-10  department.
  18-11        (b)  The executive director may employ security officers or
  18-12  investigators as the executive director considers necessary and may
  18-13  commission security officers or investigators as peace officers.
  18-14  The deputy and all investigators employed by the department of
  18-15  security as peace officers must meet the requirements under Chapter
  18-16  415, Government Code, for employment and commission as peace
  18-17  officers.
  18-18        (c)  A security officer or investigator employed by the
  18-19  department of security or a peace officer who is working in
  18-20  conjunction with the commission <comptroller> or the Department of
  18-21  Public Safety in the enforcement of this Act, without a search
  18-22  warrant, may search and seize a lottery vending machine, lottery
  18-23  computer terminal, or other lottery equipment that is located on
  18-24  premises for which a person holds a sales agent license issued
  18-25  under this Act.
  18-26        (d)  The Department of Public Safety, at the commission's
  18-27  <comptroller's> request, shall perform a full criminal background
   19-1  investigation of a prospective deputy or investigator of the
   19-2  department of security.  The commission <comptroller> shall
   19-3  reimburse the Department of Public Safety for the actual costs of
   19-4  an investigation.
   19-5        (e)  At least once every two years, the executive director
   19-6  shall employ an independent firm that is experienced in security,
   19-7  including computer security and systems security, to conduct a
   19-8  comprehensive study of all aspects of lottery security, including:
   19-9              (1)  lottery personnel security;
  19-10              (2)  sales agent security;
  19-11              (3)  lottery operator and vendor security;
  19-12              (4)  security against ticket counterfeiting and
  19-13  alteration and other means of fraudulent winning;
  19-14              (5)  security of lottery drawings;
  19-15              (6)  lottery computer, data communications, database,
  19-16  and systems security;
  19-17              (7)  lottery premises and warehouse security;
  19-18              (8)  security of distribution of tickets;
  19-19              (9)  security of validation and payment procedures;
  19-20              (10)  security involving unclaimed prizes;
  19-21              (11)  security aspects of each lottery game;
  19-22              (12)  security against the deliberate placement of
  19-23  winning tickets in lottery games that involve preprinted winning
  19-24  tickets by persons involved in the production, storage,
  19-25  transportation, or distribution of tickets; and
  19-26              (13)  other security aspects of lottery operations.
  19-27        (f)  The executive director shall provide the commission
   20-1  <comptroller> with a complete report of the security study
   20-2  conducted under Subsection (e) of this section.  The commission
   20-3  <comptroller> shall provide the governor and the legislature,
   20-4  before the convening of each regular legislative session, with a
   20-5  summary of the security study that shows the overall evaluation of
   20-6  the lottery's security.
   20-7        SECTION 12.  Sections 2.13 and 2.14, State Lottery Act
   20-8  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   20-9  as follows:
  20-10        Sec. 2.13.  DEMOGRAPHIC STUDIES.  (a)  The executive director
  20-11  shall, every two years, employ an independent firm experienced in
  20-12  demographic analysis to conduct a demographic study of lottery
  20-13  players.  The study shall include the income, age, sex, race,
  20-14  education, and frequency of participation of players.
  20-15        (b)  The executive director shall report the results of the
  20-16  demographic study conducted under Subsection (a) of this section to
  20-17  the commission <comptroller>, the governor, and the legislature
  20-18  before the convening of each regular legislative session.
  20-19        Sec. 2.14.  Confidential Information.  The following
  20-20  information is confidential and is exempt from disclosure under the
  20-21  open records law, Chapter 424, Acts of the 63rd Legislature,
  20-22  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
  20-23  Statutes):
  20-24              (1)  security plans and procedures of the commission
  20-25  <division or the office of the comptroller> designed to ensure the
  20-26  integrity and security of the operation of the lottery;
  20-27              (2)  information of a nature that is designed to ensure
   21-1  the integrity and security of the selection of winning tickets or
   21-2  numbers in the lottery, other than information describing the
   21-3  general procedures for selecting winning tickets or numbers; and
   21-4              (3)  the street address and telephone number of a prize
   21-5  winner, if the prize winner has not consented to the release of the
   21-6  information.
   21-7        SECTION 13.  Section 2.15(b), State Lottery Act (Article
   21-8  179g, Vernon's Texas Civil Statutes), is amended to read as
   21-9  follows:
  21-10        (b)  An investigation report or other document submitted by
  21-11  the Department of Public Safety to the commission <division>
  21-12  becomes part of the investigative files of the commission
  21-13  <division> and is subject to discovery by a person that is the
  21-14  subject of the investigation report or other document.
  21-15        SECTION 14.  The State Lottery Act (Article 179g, Vernon's
  21-16  Texas Civil Statutes) is amended by adding Article 2A to read as
  21-17  follows:
  21-18                 ARTICLE 2A.  STATE LOTTERY COMMISSION
  21-19        Sec. 2A.01.  MEMBERSHIP.  (a)  The State Lottery Commission
  21-20  is composed of three members appointed by the governor with the
  21-21  advice and consent of the senate.
  21-22        (b)  In making appointments to the commission, the governor
  21-23  shall strive to achieve representation by all the population groups
  21-24  of the state with regard to economic status, sex, race, and
  21-25  ethnicity.
  21-26        Sec. 2A.02.  TERM OF OFFICE.  Members hold office for
  21-27  staggered terms of six years with one member's term expiring
   22-1  February 1 of each odd-numbered year.
   22-2        Sec. 2A.03.  RESIDENCE REQUIREMENT.  An individual is not
   22-3  eligible to be a member of the commission unless the individual has
   22-4  been a resident of this state for at least 10 consecutive years
   22-5  immediately before appointment.
   22-6        Sec. 2A.04.  ELIGIBILITY.  (a)  An individual is not eligible
   22-7  to be an appointed member of the commission if the individual:
   22-8              (1)  owns or controls, directly or indirectly, more
   22-9  than a 10 percent interest in a business entity or other
  22-10  organization regulated by the commission or receiving funds from
  22-11  the commission;
  22-12              (2)  is employed by or participates in the management
  22-13  of a business entity or other organization regulated by the
  22-14  commission or receiving funds from the commission;
  22-15              (3)  uses or receives a substantial amount of tangible
  22-16  goods, services, or funds from the commission, other than
  22-17  compensation or reimbursement authorized by law for commission
  22-18  membership, attendance, or expenses;
  22-19              (4)  is an officer, employee, or paid consultant of a
  22-20  Texas trade association in the lottery business;
  22-21              (5)  is required to register as a lobbyist under
  22-22  Chapter 305, Government Code, and its subsequent amendments because
  22-23  of the person's activities for compensation on behalf of a
  22-24  profession related to the operation of the commission;
  22-25              (6)  is married to an individual described by
  22-26  Subdivisions (1)-(5);
  22-27              (7)  has been convicted of a felony or of any crime
   23-1  involving moral turpitude; or
   23-2              (8)  is not a citizen of the United States.
   23-3        (b)  In this section, "Texas trade association" means a
   23-4  nonprofit, cooperative, and voluntarily joined association of
   23-5  business or professional competitors in this state designed to
   23-6  assist its members and its industry or profession in dealing with
   23-7  mutual business or professional problems and in promoting their
   23-8  common interest.
   23-9        Sec. 2A.05.  PROHIBITED CONDUCT.  (a)  A commission member
  23-10  may not:
  23-11              (1)  accept any employment or remuneration from a
  23-12  person that has a significant financial interest in the lottery;
  23-13              (2)  play any lottery game conducted in this state;
  23-14              (3)  accept or be entitled to accept any part of the
  23-15  winnings to be paid from a lottery game conducted in this state;
  23-16              (4)  use the member's official authority to affect the
  23-17  result of an election or nomination for public office; or
  23-18              (5)  directly or indirectly coerce, attempt to coerce,
  23-19  command, or advise a person to pay, lend, or contribute anything of
  23-20  value to another person for political purposes.
  23-21        (b)  A commission member or former commission member or the
  23-22  spouse of a commission member or former commission member may not
  23-23  solicit or accept employment from a person regulated by the
  23-24  commission before the second anniversary of the date on which the
  23-25  commission member's service on the commission ends.
  23-26        (c)  In this section, "person that has a significant
  23-27  financial interest in the lottery" has the meaning assigned by
   24-1  Section 4.06 of this Act.
   24-2        Sec. 2A.06.  REMOVAL OF COMMISSION MEMBER.  (a)  The governor
   24-3  may remove a commission member if the member:
   24-4              (1)  does not have at the time of appointment the
   24-5  qualifications required for appointment to the commission;
   24-6              (2)  does not maintain during service on the commission
   24-7  the qualifications required for appointment to the commission;
   24-8              (3)  violates a prohibition established by Section
   24-9  2A.05 of this Act;
  24-10              (4)  cannot discharge the member's duties for a
  24-11  substantial part of the term for which the member is appointed
  24-12  because of illness or disability; or
  24-13              (5)  is absent from more than half of the regularly
  24-14  scheduled commission meetings that the member is eligible to attend
  24-15  during a calendar year unless the absence is excused by majority
  24-16  vote of the commission.
  24-17        (b)  The validity of an action of the commission is not
  24-18  affected by the fact that it is taken when a ground for removal of
  24-19  a commission member exists.
  24-20        (c)  If the presiding officer has knowledge that a potential
  24-21  ground for removal exists, the presiding officer shall notify the
  24-22  governor.
  24-23        Sec. 2A.07.  COMPENSATION AND EXPENSES.  (a)  A commission
  24-24  member is not entitled to compensation for serving on the
  24-25  commission.
  24-26        (b)  A commission member is entitled to reimbursement for
  24-27  actual and necessary expenses incurred in performing the member's
   25-1  duties, subject to any applicable limitation in the General
   25-2  Appropriations Act.
   25-3        Sec. 2A.08.  OFFICES.  The commission shall maintain its
   25-4  general office in the city of Austin.  The commission may also
   25-5  establish branch offices.
   25-6        Sec. 2A.09.  PRESIDING OFFICER.  The governor shall designate
   25-7  one member of the commission as presiding officer of the commission
   25-8  to serve in that capacity at the pleasure of the governor.
   25-9        Sec. 2A.10.  MEETINGS.  The commission shall hold at least
  25-10  six regular meetings each year on dates fixed by the commission.
  25-11  The commission may meet at other times at the call of the presiding
  25-12  officer or as provided by commission rule.
  25-13        Sec. 2A.11.  POWERS AND DUTIES OF COMMISSION.  The commission
  25-14  shall:
  25-15              (1)  oversee the executive director's administration of
  25-16  this Act;
  25-17              (2)  approve the operating budget of the commission and
  25-18  the commission's request for appropriations; and
  25-19              (3)  appoint the members of any advisory committees to
  25-20  the commission.
  25-21        SECTION 15.  Sections 3.01(a)-(c), (f), and (g), State
  25-22  Lottery Act (Article 179g, Vernon's Texas Civil Statutes), are
  25-23  amended to read as follows:
  25-24        (a)  The executive director shall attempt to license minority
  25-25  businesses as sales agents in at least 20 percent of the licenses
  25-26  issued.  Implementation of this subsection must be consistent with
  25-27  the rest of this section.
   26-1        (b)  The executive director may license as a sales agent each
   26-2  person the executive director believes will best serve the public
   26-3  convenience.  The executive director may not issue a license to a
   26-4  person to engage in business exclusively as a sales agent.  A
   26-5  license may not be transferred or assigned to any other person or
   26-6  location.
   26-7        (c)  An applicant for a license under this section must apply
   26-8  to the commission <division> under rules prescribed by the
   26-9  commission <comptroller>, provide information necessary to
  26-10  determine the applicant's eligibility for a license under Section
  26-11  3.02 of this Act, and provide other information considered
  26-12  necessary by the executive director <comptroller>.  The applicant
  26-13  must include an application fee with each application.  The
  26-14  executive director shall set the application fee in an amount that
  26-15  is at least sufficient to cover the costs incurred by the
  26-16  commission <division> and by the Department of Public Safety to
  26-17  process the application.  The executive director shall determine
  26-18  from information provided by the Department of Public Safety the
  26-19  amount required for costs incurred by the department and shall
  26-20  allocate those amounts to the department at least monthly.  If the
  26-21  executive director denies an application for a license based on a
  26-22  factor listed in Subsection (f) of this section, the executive
  26-23  director shall refund one-half of the application fee to the
  26-24  applicant.  If the executive director denies an application based
  26-25  on another factor, the executive director may not refund any part
  26-26  of the application fee.  Applications for licenses must be
  26-27  available for public inspection during regular office hours.
   27-1        (f)  The commission <comptroller> shall adopt rules under
   27-2  which, before issuing a license to an applicant, the executive
   27-3  director shall consider:
   27-4              (1)  the financial responsibility and security of the
   27-5  applicant and the business or activity in which the applicant is
   27-6  engaged;
   27-7              (2)  the public accessibility of the applicant's place
   27-8  of business or activity;
   27-9              (3)  the sufficiency of existing sales agents to serve
  27-10  the public convenience;
  27-11              (4)  whether individuals under 18 years of age
  27-12  constitute a majority of the applicant's customers or as customers
  27-13  provide a majority of the applicant's sales volume;
  27-14              (5)  the volume of expected sales; and
  27-15              (6)  any other factor that the executive director
  27-16  considers appropriate.
  27-17        (g)  The executive director may issue a license to a person
  27-18  only if the executive director finds that the person's experience,
  27-19  character, and general fitness are such that the person's
  27-20  participation as a sales agent will not detract from the integrity,
  27-21  security, honesty, and fairness of the operation of the lottery.
  27-22        SECTION 16.  Sections 3.02(a)-(d) and (f)-(i), State Lottery
  27-23  Act (Article 179g, Vernon's Texas Civil Statutes), are amended to
  27-24  read as follows:
  27-25        (a)  After a hearing, the executive director shall deny an
  27-26  application for a license or the commission <comptroller> shall
  27-27  suspend or revoke a license if the executive director or commission
   28-1  <comptroller>, as applicable, finds that the applicant or sales
   28-2  agent:
   28-3              (1)  is an individual who:
   28-4                    (A)  has been convicted of a felony, criminal
   28-5  fraud, gambling or a gambling-related offense, or a misdemeanor
   28-6  involving moral turpitude, if less than 10 years has elapsed since
   28-7  the termination of the sentence, parole, mandatory supervision, or
   28-8  probation served for the offense;
   28-9                    (B)  is or has been a professional gambler; <or>
  28-10                    (C)  is married to <or related in the first
  28-11  degree of consanguinity or affinity to> an individual:
  28-12                          (i)  described in Paragraph (A) or (B) of
  28-13  this subdivision; or
  28-14                          (ii)  who is currently delinquent in the
  28-15  payment of any state tax; or
  28-16                    (D)  is an officer or employee of the commission
  28-17  or a lottery operator; or
  28-18                    (E)  is a spouse, child, brother, sister, or
  28-19  parent residing as a member of the same household in the principal
  28-20  place of residence of a person described by Paragraph (D) of this
  28-21  subdivision;
  28-22              (2)  is not an individual, and an individual described
  28-23  in Subdivision (1) of this subsection:
  28-24                    (A)  is an officer or director of the applicant
  28-25  or sales agent;
  28-26                    (B)  holds more than 10 percent of the stock in
  28-27  the applicant or sales agent;
   29-1                    (C)  holds an equitable interest greater than 10
   29-2  percent in the applicant or sales agent;
   29-3                    (D)  is a creditor of the applicant or sales
   29-4  agent who holds more than 10 percent of the applicant's or sales
   29-5  agent's outstanding debt;
   29-6                    (E)  is the owner or lessee of a business that
   29-7  the applicant or sales agent conducts or through which the
   29-8  applicant will conduct a ticket sales agency;
   29-9                    (F)  shares or will share in the profits, other
  29-10  than stock dividends, of the applicant or sales agent; or
  29-11                    (G)  participates in managing the affairs of the
  29-12  applicant or sales agent; <or>
  29-13                    <(H)  is an employee of the applicant or sales
  29-14  agent who is or will be involved in:>
  29-15                          <(i)  selling tickets; or>
  29-16                          <(ii)  handling money from the sale of
  29-17  tickets;>
  29-18              (3)  is currently delinquent in the payment of any
  29-19  state tax;
  29-20              (4)  is a person whose location for the sales agency
  29-21  is:
  29-22                    (A)  a racetrack at which wagering is authorized
  29-23  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
  29-24  Statutes); or
  29-25                    (B)  a location licensed for games of bingo under
  29-26  the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
  29-27  Statutes); or
   30-1                    <(C)  on land that is owned by:>
   30-2                          <(i)  this state; or>
   30-3                          <(ii)  a political subdivision of this
   30-4  state, other than land used as a mass transportation facility that
   30-5  is used by commercial carriers; or>
   30-6                    <(D)  a location for which a person holds a wine
   30-7  and beer retailer's permit, mixed beverage permit, mixed beverage
   30-8  late hours permit, private club registration permit, or private
   30-9  club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
  30-10  Alcoholic Beverage Code;>
  30-11              (5)  has violated this Act or a rule adopted under this
  30-12  Act.
  30-13        (b)  Except as provided by Subsection (c) of this section, an
  30-14  applicant or sales agent shall notify the executive director of any
  30-15  change in the information in the applicant's or sales agent's most
  30-16  recent application for a license or renewal of a license.  The
  30-17  applicant or sales agent shall notify the executive director of the
  30-18  change in the information not later than the 10th day after the
  30-19  date of the change.
  30-20        (c)  A corporate applicant or sales agent is not required to
  30-21  notify the executive director under Subsection (b) of this section
  30-22  of a transfer of less than 10 percent of the corporate stock unless
  30-23  the transfer results in a shareholder who previously held 10
  30-24  percent or less of the stock holding more than 10 percent of the
  30-25  stock.
  30-26        (d)  If the executive director proposes to deny an
  30-27  application for a license or the commission <comptroller> proposes
   31-1  to suspend or revoke a license under this section, the applicant or
   31-2  sales agent is entitled to written notice of the time and place of
   31-3  the hearing.  A notice may be served on an applicant or sales agent
   31-4  personally or sent by certified or registered mail, return receipt
   31-5  requested, to the person's mailing address as it appears on the
   31-6  commission's <division's> records.  A notice must be served or
   31-7  mailed not later than the 20th day before the date of the hearing.
   31-8        (f)  The Administrative Procedure and Texas Register Act
   31-9  (Article 6252-13a, Vernon's Texas Civil Statutes) applies to a
  31-10  hearing under this section.  An administrative law judge of the
  31-11  State Office of Administrative Hearings shall conduct the hearing
  31-12  as provided by Chapter 591, Acts of the 72nd Legislature, Regular
  31-13  Session, 1991 (Article 6252-13f, Vernon's Texas Civil Statutes).
  31-14  The commission may review the decision of an administrative law
  31-15  judge as provided by the Administrative Procedure and Texas
  31-16  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
  31-17        (g)  The executive director shall give an applicant or sales
  31-18  agent written notice of a denial of an application or a suspension
  31-19  or revocation of a license.
  31-20        (h)  The executive director may not issue a license to a
  31-21  person who has previously had a license under this Act revoked
  31-22  unless the executive director is satisfied the person will comply
  31-23  with this Act and the rules adopted under this Act.  The executive
  31-24  director may prescribe the terms under which a suspended license
  31-25  will be reissued.
  31-26        (i)  The executive director shall not issue a license to sell
  31-27  lottery tickets to applicants who fail to certify to the executive
   32-1  director the applicant's compliance with the federal Americans With
   32-2  Disabilities Act.
   32-3        SECTION 17.  Section 3.03, State Lottery Act (Article 179g,
   32-4  Vernon's Texas Civil Statutes), is amended to read as follows:
   32-5        Sec. 3.03.  Summary Suspension of License.  (a)  The
   32-6  commission <comptroller> may suspend a sales agent's license
   32-7  summarily without notice or hearing if the commission <comptroller>
   32-8  finds that the action is necessary to maintain the integrity,
   32-9  security, honesty, or fairness of the operation or administration
  32-10  of the lottery or to prevent financial loss to the state and:
  32-11              (1)  the sales agent fails to deposit money received
  32-12  from ticket sales under Section 5.01 of this Act;
  32-13              (2)  an event occurs that would render the sales agent
  32-14  ineligible for a license under Section 3.02 of this Act;
  32-15              (3)  the sales agent refuses to permit the executive
  32-16  director, the commission <comptroller>, or the state auditor to
  32-17  examine the agent's books, records, papers, or other objects under
  32-18  Section 2.02(h) <2.02(j)> of this Act; or
  32-19              (4)  the executive director learns the sales agent has
  32-20  failed to disclose information that would, if disclosed, render the
  32-21  sales agent ineligible for a license under Section 3.02 of this
  32-22  Act.
  32-23        (b)  The commission <comptroller> may summarily suspend a
  32-24  sales agent's license if proceedings for a preliminary hearing
  32-25  before an administrative law judge of the State Office of
  32-26  Administrative Hearings <the comptroller or the comptroller's
  32-27  representative> are initiated simultaneously with the summary
   33-1  suspension.  The preliminary hearing shall be set for a date not
   33-2  later than 10 days after the date of the summary suspension, unless
   33-3  the parties agree to a later date.
   33-4        (c)  At the preliminary hearing, the sales agent must show
   33-5  cause why the license should not remain suspended pending a final
   33-6  hearing on suspension or revocation.  The Administrative Procedure
   33-7  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   33-8  Statutes) does not apply <to the comptroller> in the administration
   33-9  and enforcement of the summary suspension of a license under this
  33-10  section.  The rules governing a hearing on any other license
  33-11  suspension or revocation under this Act govern a final
  33-12  administrative hearing under this subsection.
  33-13        (d)  To initiate a proceeding to summarily suspend a sales
  33-14  agent's license, the commission <comptroller> must serve notice to
  33-15  the sales agent informing the agent of the right to a preliminary
  33-16  hearing <before the comptroller or the comptroller's
  33-17  representative> and of the time and place of the preliminary
  33-18  hearing.  The notice must be personally served on the sales agent
  33-19  or an officer, employee, or agent of the sales agent or sent by
  33-20  certified or registered mail, return receipt requested, to the
  33-21  sales agent's mailing address as it appears on the commission's
  33-22  <division's> records.  The notice must state the alleged violations
  33-23  that constitute grounds for summary suspension.  The suspension is
  33-24  effective at the time the notice is served.  If notice is served in
  33-25  person, the sales agent shall immediately surrender the license to
  33-26  the commission <comptroller or to the comptroller's
  33-27  representative>.  If notice is served by mail, the sales agent
   34-1  shall immediately return the license to the commission
   34-2  <comptroller>.  If the sales agent uses an on-line electronic
   34-3  terminal to sell tickets, the executive director or a lottery
   34-4  operator on the instructions of the executive director may
   34-5  terminate the connection of the terminal to the commission's
   34-6  <division's> lottery computer at the time:
   34-7              (1)  the proceeding to summarily suspend the license is
   34-8  initiated; or
   34-9              (2)  the division discovers the sales agent has failed
  34-10  to deposit money received from ticket sales, if the sales agent's
  34-11  license is being summarily suspended under Subsection (a)(1) of
  34-12  this section.
  34-13        SECTION 18.  Section 3.05(b), State Lottery Act (Article
  34-14  179g, Vernon's Texas Civil Statutes), is amended to read as
  34-15  follows:
  34-16        (b)  If a license expires under Subsection (a) of this
  34-17  section and the sales agent's successor in interest desires to
  34-18  operate the sales agency, the successor shall file an application
  34-19  for an extended license not later than the 30th day after the date
  34-20  the license expired.  The application must state the basis for the
  34-21  applicant's claim to be the successor in interest to the sales
  34-22  agent and must contain a certification that the applicant would be
  34-23  eligible for a license under Section 3.02 of this Act.  The
  34-24  executive director shall permit a qualified applicant to operate
  34-25  under an extended license for not more than one year or until a new
  34-26  license is issued to the applicant, whichever occurs first.
  34-27        SECTION 19.  Section 3.06, State Lottery Act (Article 179g,
   35-1  Vernon's Texas Civil Statutes), is amended to read as follows:
   35-2        Sec. 3.06.  ACCESS TO CRIMINAL HISTORY AND FEDERAL TAX
   35-3  INFORMATION.  (a)  The commission <comptroller> is entitled to
   35-4  conduct an investigation of and is entitled to obtain criminal
   35-5  history record information maintained by the Department of Public
   35-6  Safety, the Federal Bureau of Investigation Identification
   35-7  Division, or another law enforcement agency to assist in the
   35-8  investigation of:
   35-9              (1)  a sales agent or an applicant for a sales agent
  35-10  license;
  35-11              (2)  a person required to be named in a license
  35-12  application;
  35-13              (3)  a lottery operator or prospective lottery
  35-14  operator;
  35-15              (4)  an employee of a lottery operator or prospective
  35-16  lottery operator, if the employee is or will be directly involved
  35-17  in lottery operations;
  35-18              (5)  a person who manufactures or distributes lottery
  35-19  equipment or supplies, or a representative of a person who
  35-20  manufactures or distributes lottery equipment or supplies offered
  35-21  to the lottery;
  35-22              (6)  a person who has submitted a written bid or
  35-23  proposal to the commission <division> in connection with the
  35-24  procurement of goods or services by the commission <division>, if
  35-25  the amount of the bid or proposal exceeds $500;
  35-26              (7)  an employee or other person who works for or will
  35-27  work for a sales agent or an applicant for a sales agent license;
   36-1              (8)  a person who proposes to enter into or who has a
   36-2  contract with the commission <division> to supply goods or services
   36-3  to the commission <division>; or
   36-4              (9)  if a person described in Subdivisions (1) through
   36-5  (8) of this subsection is not an individual, an individual who:
   36-6                    (A)  is an officer or director of the person;
   36-7                    (B)  holds more than 10 percent of the stock in
   36-8  the person;
   36-9                    (C)  holds an equitable interest greater than 10
  36-10  percent in the person;
  36-11                    (D)  is a creditor of the person who holds more
  36-12  than 10 percent of the person's outstanding debt;
  36-13                    (E)  is the owner or lessee of a business that
  36-14  the person conducts or through which the person will conduct
  36-15  lottery-related activities;
  36-16                    (F)  shares or will share in the profits, other
  36-17  than stock dividends, of the person;
  36-18                    (G)  participates in managing the affairs of the
  36-19  person; or
  36-20                    (H)  is an employee of the person who is or will
  36-21  be involved in:
  36-22                          (i)  selling tickets; or
  36-23                          (ii)  handling money from the sale of
  36-24  tickets.
  36-25        (b)  The commission <comptroller> shall conduct an
  36-26  investigation of and obtain criminal history record information
  36-27  maintained by the Department of Public Safety, the Federal Bureau
   37-1  of Investigation Identification Division, or another law
   37-2  enforcement agency to assist in the investigation of<:>
   37-3              <(1)  the director or a prospective director of the
   37-4  division; or>
   37-5              <(2)>  an employee or prospective employee of the
   37-6  commission <division>.
   37-7        (c)  Not later than one year after the date of each renewal,
   37-8  the commission <comptroller> shall obtain criminal history record
   37-9  information maintained by the Department of Public Safety on a
  37-10  sales agent whose license is renewed under Section 3.01(h) of this
  37-11  Act.
  37-12        (d)  The executive director may discharge from employment an
  37-13  employee of the commission <division> who fails to provide a
  37-14  complete legible set of fingerprints on request.  The executive
  37-15  director may refuse to consider a prospective employee of the
  37-16  commission <division> who fails to provide a complete legible set
  37-17  of fingerprints on request.
  37-18        (e)  The executive director may deny an application for a
  37-19  license or the commission <comptroller> may suspend or revoke a
  37-20  license if the applicant or sales agent fails on request to provide
  37-21  a complete legible set of fingerprints of<:>
  37-22              <(1)>  a person required to be named in a license
  37-23  application<; or>
  37-24              <(2)  an employee or other person who works or will
  37-25  work for the applicant or sales agent, if the person:>
  37-26                    <(A)  is or will be involved in the sale of
  37-27  tickets; or>
   38-1                    <(B)  handles or will handle money from the sale
   38-2  of tickets>.
   38-3        (f)  All criminal history record information received by the
   38-4  executive director is privileged information and is for the
   38-5  exclusive use of the executive director and employees of the
   38-6  commission <division> designated by the executive director.  Except
   38-7  on court order or as provided by Subsection (h) of this section,
   38-8  the information may not be released or otherwise disclosed to any
   38-9  other person or agency.
  38-10        (g)  All information received by the executive director from
  38-11  the Internal Revenue Service is confidential and may only be used
  38-12  as provided by the contract between the comptroller and the
  38-13  Internal Revenue Service under which the information was obtained.
  38-14        (h)  The executive director or an employee of the commission
  38-15  <division> may not provide any person being investigated under this
  38-16  section with a copy of the person's criminal history record
  38-17  obtained from the Department of Public Safety, the Federal Bureau
  38-18  of Investigation Identification Division, or another law
  38-19  enforcement agency.  This subsection does not prevent the executive
  38-20  director from disclosing to the person the dates and places of
  38-21  arrests, offenses, and dispositions contained in the criminal
  38-22  history records.
  38-23        (i)  A person commits an offense if the person releases or
  38-24  discloses information received by the commission <comptroller>
  38-25  under this section except on court order or as provided by
  38-26  Subsection (h) of this section.  An offense under this subsection
  38-27  is a Class A misdemeanor.
   39-1        (j)  The executive director may request the cooperation of
   39-2  the Department of Public Safety to perform a background
   39-3  investigation of a person listed in Subsection (a) or (b) of this
   39-4  section.  The executive director shall reimburse the Department of
   39-5  Public Safety for the actual cost of an investigation.  The
   39-6  executive director may require a person who is subject to
   39-7  investigation to pay all costs of the investigation and to provide
   39-8  any information, including fingerprints, necessary to carry out the
   39-9  investigation or facilitate access to state or federal criminal
  39-10  history record information.  Payments made to the executive
  39-11  director under this subsection shall be deposited in the general
  39-12  revenue fund and may be used to reimburse the Department of Public
  39-13  Safety for the actual costs of an investigation.
  39-14        (k)  Unless otherwise prohibited by law, the Department of
  39-15  Public Safety may retain any record or information submitted to it
  39-16  under this section.  The Department of Public Safety shall notify
  39-17  the executive director of any change in information provided to the
  39-18  executive director when the Department of Public Safety learns of
  39-19  the change.
  39-20        (l)  The commission shall adopt rules governing the custody
  39-21  and use of criminal history record information obtained under this
  39-22  section.  The comptroller shall adopt necessary rules governing the
  39-23  custody and use of information obtained from the Internal Revenue
  39-24  Service under this section.
  39-25        (m)  The executive director may obtain information relating
  39-26  to a person's qualification for licensing, employment, or
  39-27  contracting under this Act from the Internal Revenue Service under
   40-1  a contract between the comptroller and the Internal Revenue Service
   40-2  on:
   40-3              (1)  a sales agent or an applicant for a sales agent
   40-4  license;
   40-5              (2)  an employee or prospective employee of the
   40-6  commission <division>;
   40-7              (3)  a person required to be named in a license
   40-8  application;
   40-9              (4)  a lottery operator or prospective lottery
  40-10  operator;
  40-11              (5)  an employee of a lottery operator or prospective
  40-12  lottery operator, if the employee is or will be directly involved
  40-13  in lottery operations;
  40-14              (6)  a person who manufactures or distributes lottery
  40-15  equipment or supplies, or a representative of a person who
  40-16  manufactures or distributes lottery equipment or supplies offered
  40-17  to the lottery;
  40-18              (7)  a person who has submitted a written bid or
  40-19  proposal to the commission <division> in connection with the
  40-20  procurement of goods or services by the commission <division>;
  40-21              (8)  an employee or other person who works for or will
  40-22  work for a sales agent or an applicant for a sales agent license;
  40-23  or
  40-24              (9)  a person who proposes to enter into or who has a
  40-25  contract with the commission <division> to supply goods or services
  40-26  to the commission <division>.
  40-27        (n)  The executive director may award a contract for lottery
   41-1  supplies or services, including a contract under Section 2.02(g) of
   41-2  this Act, pending the completion of any investigation authorized by
   41-3  this Act.  A contract awarded under this subsection must include a
   41-4  provision permitting the executive director to terminate the
   41-5  contract without penalty if the investigation reveals that the
   41-6  person to whom the contract is awarded would not be eligible for a
   41-7  sales agent license under Section 3.02 of this Act.  <The
   41-8  director's authority to award a contract under this subsection
   41-9  expires September 1, 1993.  This subsection expires January 1,
  41-10  1995.>
  41-11        (o)  The governor shall conduct an investigation of and
  41-12  obtain criminal history record information maintained by the
  41-13  Department of Public Safety, the Federal Bureau of Investigation
  41-14  identification division, or another law enforcement agency to
  41-15  assist in the investigation of the executive director or a
  41-16  prospective executive director <The comptroller shall obtain
  41-17  criminal history record information maintained by the Department of
  41-18  Public Safety on any person receiving a temporary license under
  41-19  Section 3.04 of this Act not later than one year after the date of
  41-20  issuance of the temporary license.  This subsection expires
  41-21  September 1, 1993>.
  41-22        (p)  All fingerprints submitted to the Department of Public
  41-23  Safety must be on a form prescribed by the Department of Public
  41-24  Safety.
  41-25        SECTION 20.  Section 4.01, State Lottery Act (Article 179g,
  41-26  Vernon's Texas Civil Statutes), is amended to read as follows:
  41-27        Sec. 4.01.  Tickets.  (a)  The executive director shall
   42-1  prescribe the form of tickets.  The toll-free "800" telephone
   42-2  number established by the Texas Commission on Alcohol and Drug
   42-3  Abuse under Section 461.018, Health and Safety Code, must be
   42-4  printed on each ticket.  The overall estimated odds of winning a
   42-5  prize in a given game or activity must be printed on each ticket
   42-6  and prominently displayed in association with the sale of lottery
   42-7  products.  The estimate must be based on reasonable projections and
   42-8  past experience.
   42-9        (b)  By purchasing a ticket in a particular lottery game or
  42-10  activity, a player agrees to abide by and be bound by the
  42-11  commission's <division's> rules, including the rules applicable to
  42-12  the particular lottery game or activity involved.  The player also
  42-13  acknowledges that the determination of whether the player is a
  42-14  valid winner is subject to the commission's <division's> rules and
  42-15  claims procedures, including those developed for the particular
  42-16  lottery game or activity involved, and subject to any validation
  42-17  tests established by the commission <division> for the particular
  42-18  lottery game or activity involved.  If the lottery uses tickets, an
  42-19  abbreviated form of the rules or a reference to the rules may
  42-20  appear on the tickets.
  42-21        (c)  A person claiming or attempting to claim a lottery prize
  42-22  or a share of a lottery prize represents that the ticket or other
  42-23  item showing that the person is entitled to the prize or share was
  42-24  lawfully obtained, is not stolen, forged, or altered, and has not
  42-25  previously been redeemed.
  42-26        SECTION 21.  Section 4.02, State Lottery Act (Article 179g,
  42-27  Vernon's Texas Civil Statutes), is amended to read as follows:
   43-1        Sec. 4.02.  Certain Sales of Tickets Prohibited.  (a)  A
   43-2  person commits an offense if the person intentionally or knowingly
   43-3  sells a ticket at a price the person knows is greater than that
   43-4  fixed by the commission <division> or by the lottery operator
   43-5  authorized to set that price.  An offense under this subsection is
   43-6  a Class A misdemeanor.
   43-7        (b)  Except as provided by this subsection, a person who is
   43-8  not a sales agent or an employee of a sales agent commits an
   43-9  offense if the person intentionally or knowingly sells a ticket.
  43-10  An offense under this subsection is a felony of the third degree.
  43-11  A lottery operator may sell tickets to a licensed sales agent.  A
  43-12  person who is not a sales agent may distribute tickets as premiums
  43-13  to customers, employees, or other persons who deal with the person
  43-14  if no purchase <or service> is required to entitle the recipient to
  43-15  the ticket.
  43-16        (c)  A person commits an offense if the person sells a ticket
  43-17  at a location other than the location of a sales agency.  An
  43-18  offense under this subsection is a Class A misdemeanor.
  43-19        (d)  A sales agent or an employee of a sales agent commits an
  43-20  offense if the person <may not> intentionally or knowingly sells or
  43-21  offers <sell or offer> to sell a ticket to an individual that the
  43-22  person knows is younger than 18 years of age.  An offense under
  43-23  this subsection is a Class C misdemeanor.
  43-24        (e)  A person may not purchase <sell> a ticket or claim,
  43-25  collect, or receive <pay> a lottery prize or a share of a lottery
  43-26  prize if <to another person that> the person <knows> is:
  43-27              (1)  a member, officer, or employee of a person that
   44-1  has a contract with the commission <division> to sell or lease
   44-2  goods or services used in the lottery;
   44-3              (2)  a member, officer, or employee of a lottery
   44-4  operator;
   44-5              (3)  an officer or employee of the commission
   44-6  <comptroller>; or
   44-7              (4)  a spouse, child, brother, sister, or parent
   44-8  residing as a member of the same household in the principal place
   44-9  of residence of a person described by Subdivision (1), (2), or (3)
  44-10  of this subsection.
  44-11        (f)  A person 18 years of age or older may purchase a ticket
  44-12  to give as a gift to another person, including an individual
  44-13  younger than 18 years of age.
  44-14        (g)  If an individual listed in Subsection (e) of this
  44-15  section purchases a ticket or claims or otherwise attempts to
  44-16  collect or receive a lottery prize or a share of a lottery prize or
  44-17  an individual younger than 18 years of age directly purchases a
  44-18  ticket, the individual is not eligible to receive a prize or share
  44-19  of a prize, and the prize or share of a prize otherwise payable on
  44-20  the ticket is treated as an unclaimed prize as provided by Section
  44-21  5.05 of this Act.
  44-22        (h) <(g)>  A sales agent or an employee of a sales agent
  44-23  commits an offense if the person intentionally or knowingly sells a
  44-24  ticket to another person by extending credit or lending money to
  44-25  the person to enable the person to purchase the ticket.  An offense
  44-26  under this subsection is a Class C misdemeanor.
  44-27        (i) <(h)>  A person commits an offense if the person
   45-1  intentionally or knowingly sells <may not purchase> a ticket and:
   45-2              (1)  accepts <with> a food stamp coupon issued under
   45-3  the food stamp program administered under Chapter 33, Human
   45-4  Resources Code, as payment;
   45-5              (2)  accepts <with> a credit card or a debit card as a
   45-6  source of payment;
   45-7              (3)  the sale is made over the telephone; or
   45-8              (4)  the sale is made by mail-order sales.
   45-9        (j) <(i)>  A person commits an offense if the person
  45-10  intentionally or knowingly purchases <may not pay> for a ticket
  45-11  with:
  45-12              (1)  a food stamp coupon issued under the food stamp
  45-13  program administered under Chapter 33, Human Resources Code; or
  45-14              (2)  the proceeds of a check issued as a payment under
  45-15  the Aid to Families with Dependent Children program administered
  45-16  under Chapter 31, Human Resources Code.
  45-17        (k)  An offense under Subsection (i) or (j) of this section
  45-18  is a Class C misdemeanor.
  45-19        (l)  A person commits an offense if, for financial gain, the
  45-20  person establishes or promotes a group purchase or pooling
  45-21  arrangement under which tickets are purchased on behalf of the
  45-22  group or pool and any prize is divided among the members of the
  45-23  group or pool, and the person intentionally or knowingly:
  45-24              (1)  uses any part of the funds solicited or accepted
  45-25  for a purpose other than purchasing tickets on behalf of the group
  45-26  or pool; or
  45-27              (2)  retains a share of any prize awarded as
   46-1  compensation for establishing or promoting the group purchase or
   46-2  pooling arrangement.
   46-3        (m)  An offense under Subsection (l) of this section is a
   46-4  felony of the third degree.
   46-5        SECTION 22.  Section 4.03, State Lottery Act (Article 179g,
   46-6  Vernon's Texas Civil Statutes), is amended by amending Subsection
   46-7  (d) and adding Subsection (h) to read as follows:
   46-8        (d)  An offense under Subsection (c) of this section is a
   46-9  Class A misdemeanor unless it is shown on the trial of the offense
  46-10  that:
  46-11              (1)  the amount claimed <or attempted to be claimed> is
  46-12  greater than $200 but not more than $10,000, in which event the
  46-13  offense is a felony of the third degree;
  46-14              (2)  the amount claimed <or attempted to be claimed> is
  46-15  greater than $10,000, in which event the offense is a felony of the
  46-16  second degree; or
  46-17              (3)  the person has previously been convicted of an
  46-18  offense under this section, in which event the offense is a felony
  46-19  of the third degree, unless the offense is designated as a felony
  46-20  of the second degree under Subdivision (2) of this subsection.
  46-21        (h)  In this section, "claim" includes an attempt to claim,
  46-22  without regard to whether the attempt is successful.
  46-23        SECTION 23.  Section 4.04(b), State Lottery Act (Article
  46-24  179g, Vernon's Texas Civil Statutes), is amended to read as
  46-25  follows:
  46-26        (b)  A person commits an offense if the person knowingly
  46-27  refuses to produce for inspection by the executive director,
   47-1  commission <comptroller>, or state auditor a book, record, or
   47-2  document required to be maintained or made by this Act or a rule
   47-3  adopted under this Act.
   47-4        SECTION 24.  Section 4.045(a), State Lottery Act (Article
   47-5  179g, Vernon's Texas Civil Statutes), is amended to read as
   47-6  follows:
   47-7        (a)  A person commits an offense if the person intentionally
   47-8  or<,> knowingly<, recklessly, or with criminal negligence> makes a
   47-9  material and false, incorrect, or deceptive statement to a person
  47-10  conducting an investigation or exercising discretion under this Act
  47-11  or a rule adopted under this Act.
  47-12        SECTION 25.  Sections 4.06(a)-(e), State Lottery Act (Article
  47-13  179g, Vernon's Texas Civil Statutes), are amended to read as
  47-14  follows:
  47-15        (a)  A commission member <The comptroller, the state
  47-16  treasurer>, the executive director, or an employee of the
  47-17  commission <division> may not knowingly accept a gift or political
  47-18  contribution from:
  47-19              (1)  a person that has a significant financial interest
  47-20  in the lottery;
  47-21              (2)  a person related in the first degree of
  47-22  consanguinity or affinity to a person that has a significant
  47-23  financial interest in the lottery;
  47-24              (3)  a person that owns more than a 10 percent interest
  47-25  in an entity that has a significant financial interest in the
  47-26  lottery;
  47-27              (4)  a political committee that is directly
   48-1  established, administered, or controlled, in whole or in part, by a
   48-2  person that has a significant financial interest in the lottery; or
   48-3              (5)  a person who, within the two years preceding the
   48-4  date of the gift or contribution, won a lottery prize exceeding
   48-5  $600 in amount or value.
   48-6        (b)  A former commission member <comptroller, former state
   48-7  treasurer,> or former executive director may not:
   48-8              (1)  for compensation, represent a person that has made
   48-9  or intends to make a bid to operate the lottery before the
  48-10  commission <comptroller> before the second anniversary of the date
  48-11  that the person's service in office or employment with the
  48-12  commission <division> ceases;
  48-13              (2)  represent any person or receive compensation for
  48-14  services rendered on behalf of any person regarding a particular
  48-15  matter in which the former officer or employee participated during
  48-16  the period of service or employment with the commission <division>,
  48-17  either through personal involvement or because the matter was
  48-18  within the scope of the officer's or employee's official
  48-19  responsibility; or
  48-20              (3)  for compensation, communicate directly with a
  48-21  member of the legislative branch to influence legislation on behalf
  48-22  of a person that has a significant financial interest in the
  48-23  lottery, before the second anniversary of the date that the
  48-24  person's service in office or employment with the commission
  48-25  <division> ceases.
  48-26        (c)  A former commission member <comptroller, former state
  48-27  treasurer>, former executive director, or former employee of the
   49-1  commission <division> may not, before the second anniversary of the
   49-2  date that the person's service in office or employment with the
   49-3  commission <division> ceases, knowingly accept a gift or political
   49-4  contribution from:
   49-5              (1)  a person that has a significant financial interest
   49-6  in the lottery;
   49-7              (2)  a person related in the first degree of
   49-8  consanguinity or affinity to a person that has a significant
   49-9  financial interest in the lottery;
  49-10              (3)  a person that owns more than a 10 percent interest
  49-11  in an entity that has a significant financial interest in the
  49-12  lottery;
  49-13              (4)  a political committee that is directly
  49-14  established, administered, or controlled, in whole or in part, by a
  49-15  person that has a significant financial interest in the lottery; or
  49-16              (5)  a person who, within the two years preceding the
  49-17  date of the gift or contribution, won a lottery prize exceeding
  49-18  $600 in amount or value.
  49-19        (d)  A person may not knowingly make a gift or political
  49-20  contribution to a commission member <the comptroller, the state
  49-21  treasurer>, the executive director, or an employee of the
  49-22  commission <division> if the person:
  49-23              (1)  has a significant financial interest in the
  49-24  lottery;
  49-25              (2)  is related in the first degree of consanguinity or
  49-26  affinity to a person that has a significant financial interest in
  49-27  the lottery;
   50-1              (3)  owns more than a 10 percent interest in an entity
   50-2  that has a significant financial interest in the lottery;
   50-3              (4)  is a political committee that is directly
   50-4  established, administered, or controlled, in whole or in part, by a
   50-5  person that has a significant financial interest in the lottery; or
   50-6              (5)  within the two years preceding the date of the
   50-7  gift or contribution, won a lottery prize exceeding $600 in amount
   50-8  or value.
   50-9        (e)  A person may not knowingly make a gift or political
  50-10  contribution to a former commission member <comptroller, former
  50-11  state treasurer>, former executive director, or former employee of
  50-12  the commission <division> before the second anniversary of the date
  50-13  that the person's service in office or employment with the
  50-14  commission <division> ceases, if the person:
  50-15              (1)  has a significant financial interest in the
  50-16  lottery;
  50-17              (2)  is related in the first degree of consanguinity or
  50-18  affinity to a person that has a significant financial interest in
  50-19  the lottery;
  50-20              (3)  owns more than a 10 percent interest in an entity
  50-21  that has a significant financial interest in the lottery;
  50-22              (4)  is a political committee that is directly
  50-23  established, administered, or controlled, in whole or in part, by a
  50-24  person that has a significant financial interest in the lottery; or
  50-25              (5)  within the two years preceding the date of the
  50-26  gift or contribution, won a lottery prize exceeding $600 in amount
  50-27  or value.
   51-1        SECTION 26.  Article 4, State Lottery Act (Article 179g,
   51-2  Vernon's Texas Civil Statutes), is amended by adding Section 4.07
   51-3  to read as follows:
   51-4        Sec. 4.07.  AGGREGATION OF AMOUNTS INVOLVED.  When amounts
   51-5  are claimed, attempted to be claimed, or obtained in violation of
   51-6  this Act pursuant to one scheme or continuing course of conduct,
   51-7  whether from the same or several sources, the conduct may be
   51-8  considered as one offense and the amounts aggregated in determining
   51-9  the grade of the offense.
  51-10        SECTION 27.  Section 5.01, State Lottery Act (Article 179g,
  51-11  Vernon's Texas Civil Statutes), is amended to read as follows:
  51-12        Sec. 5.01.  Delivery of Funds.  (a)  Except as provided by
  51-13  Subsection (e) of this section, all revenue received from the sale
  51-14  of tickets and all money credited to the state lottery account from
  51-15  any other source shall be deposited in the state treasury through
  51-16  approved state depositories on the settlement day or days
  51-17  established by the executive director.
  51-18        (b)  The executive director may require sales agents to
  51-19  establish separate electronic funds transfer accounts for the
  51-20  purposes of depositing money from ticket sales, making payments to
  51-21  the commission <division>, and receiving payments from the
  51-22  commission <division>.  The commission <comptroller> by rule shall
  51-23  establish the procedures for depositing money from ticket sales
  51-24  into electronic funds transfer accounts, as well as other
  51-25  procedures regarding the handling of money from ticket sales.  The
  51-26  executive director may not permit a sales agent to make payments to
  51-27  the commission <division> or a lottery operator in cash.
   52-1        (c)  The state treasurer, in consultation with the executive
   52-2  director, shall establish procedures for the efficient
   52-3  implementation and operation of an electronic funds transfer system
   52-4  to meet the needs of the executive director under this Act.
   52-5        (d)  The executive director may require a sales agent to file
   52-6  with the commission <division> reports of receipts and transactions
   52-7  relating to the sale of tickets in the form and containing the
   52-8  information that the executive director requires.  Each sales agent
   52-9  shall maintain records adequate to establish the disposition of
  52-10  each ticket provided to the sales agent, the amounts of money
  52-11  received for the sale of those tickets, and any prizes awarded by
  52-12  the sales agent.
  52-13        (e)  The executive director may provide for a sales agent to
  52-14  retain from the money received from the sale of tickets the amount
  52-15  of prizes paid by the agent or the agent's commission, if any, and
  52-16  may establish how often the agent will make settlement payments to
  52-17  the treasury.
  52-18        (f)  The executive director may provide for a sales agent to
  52-19  pay amounts received for the sale of tickets directly to an officer
  52-20  or employee of the commission <division> for immediate deposit in
  52-21  the state treasury.
  52-22        (g)  A sales agent is liable to the commission <division> for
  52-23  all tickets accepted or generated by the sales agent or any
  52-24  employee or agent of the sales agent, and tickets shall be deemed
  52-25  to have been purchased by the sales agent unless returned to the
  52-26  commission <division> within the time and manner prescribed by the
  52-27  commission <division>.  Money received by a sales agent from the
   53-1  sales of tickets, less the amount retained for prizes paid by the
   53-2  sales agent or for the agent's commission, if any, together with
   53-3  any unsold tickets, shall be held in trust for the benefit of the
   53-4  state before delivery to a lottery operator or the commission
   53-5  <division> or electronic transfer to the state treasury, and the
   53-6  sales agent is liable to the commission <division> for the full
   53-7  amount of the money or unsold tickets so held.  If the sales agent
   53-8  is not an individual, each officer, director, or owner of the sales
   53-9  agent is personally liable to the commission <division> for the
  53-10  full amount of the money or unsold tickets held in trust for the
  53-11  benefit of the state.
  53-12        SECTION 28.  Sections 5.02(b), (f), and (j), State Lottery
  53-13  Act (Article 179g, Vernon's Texas Civil Statutes), are amended to
  53-14  read as follows:
  53-15        (b)  Money in the state lottery account shall be used only
  53-16  for the following purposes and shall be distributed as follows:
  53-17              (1)  the payment of prizes to the holders of winning
  53-18  tickets;
  53-19              (2)  the payment of costs incurred in the operation and
  53-20  administration of the lottery, including any fees received by a
  53-21  lottery operator, provided that the costs incurred in a fiscal
  53-22  biennium may not exceed an amount equal to 15 percent of the gross
  53-23  revenue accruing from the sale of tickets in that biennium;
  53-24              (3)  the establishment of a pooled bond fund, lottery
  53-25  prize reserve fund, unclaimed prize fund, and prize payment
  53-26  account;
  53-27              (4)  the transfer of amounts to the state lottery
   54-1  stabilization fund as provided by Subsections (c), (d), and (e) of
   54-2  this section; and
   54-3              (5) <(4)>  the balance, after creation of a reserve
   54-4  sufficient to pay the amounts needed or estimated to be needed
   54-5  under <provided by> Subdivisions (1) through (3) <and (2)> of this
   54-6  subsection, to be transferred to the unobligated portion of the
   54-7  general revenue fund, on or before the 15th day of each month.
   54-8        (f)  The state treasurer periodically shall file reports with
   54-9  the executive director providing information regarding the revenue
  54-10  credited to the state lottery account, the investments of the money
  54-11  in the account, and the distributions made from the account.
  54-12        (j)  Notwithstanding Subsection (b)(5) <(b)(4)> and
  54-13  Subsection (d) of this section, the initial transfer of revenue
  54-14  from the state lottery account to the unobligated portion of the
  54-15  general revenue fund and the state lottery stabilization fund under
  54-16  those subsections shall be made on the 15th day of the month
  54-17  following the month in which the earlier of the following occurs:
  54-18              (1)  the first ticket is sold to a player under this
  54-19  Act; or
  54-20              (2)  the executive director receives liquidated damages
  54-21  or a payment under a performance bond under a contract with a
  54-22  lottery operator.
  54-23        SECTION 29.  Section 5.02(h)(4), State Lottery Act (Article
  54-24  179g, Vernon's Texas Civil Statutes), is amended to read as
  54-25  follows:
  54-26              (4)  "Net lottery revenue" means the gross lottery
  54-27  revenue minus the amounts distributed or obligated for a purpose
   55-1  described by Subsections (b)(1) through (b)(3) <and (b)(2)> of this
   55-2  section.
   55-3        SECTION 30.  Sections 5.03(c)-(f) and (h)-(l), State Lottery
   55-4  Act (Article 179g, Vernon's Texas Civil Statutes), are amended to
   55-5  read as follows:
   55-6        (c)  An employee of the commission <division> and the
   55-7  independent certified public accountant witnessing the drawing
   55-8  shall inspect any equipment used in the drawing.  The equipment
   55-9  must be inspected immediately before and after the drawing.  The
  55-10  drawing and inspections must be recorded on video and audio tape.
  55-11        (d)  The executive director may authorize prizes to be paid
  55-12  by warrants to be drawn on the state lottery account.  If the
  55-13  executive director determines that prize money is to be paid in
  55-14  installments, the state treasurer shall invest funds from the state
  55-15  lottery account as necessary to ensure the payment of the
  55-16  installments.  The investments may be in securities, annuities, or
  55-17  other instruments as determined by the treasurer.
  55-18        (e)  Payment of a prize in an amount of $600 or more shall be
  55-19  made by the executive director.
  55-20        (f)  The executive director may authorize a sales agent to
  55-21  pay a prize in an amount less than $600 after performing procedures
  55-22  to validate the winning ticket as required by the executive
  55-23  director.  A prize paid under this subsection is not required to be
  55-24  paid by warrant on the state lottery account.
  55-25        (h)  A specific prize as set forth by the prize structure of
  55-26  a specific lottery game or activity may not be paid more than once.
  55-27  If the executive director determines that more than one claimant
   56-1  has been awarded a specific unpaid prize in a specific lottery game
   56-2  or activity, each claimant is entitled only to an equal share of
   56-3  the prize.
   56-4        (i)  The executive director shall pay the cash equivalent of
   56-5  a prize other than prize money if more than one person is entitled
   56-6  to share the prize as provided by Subsection (h) of this section.
   56-7        (j)  The executive director shall deduct the amount of a
   56-8  delinquent tax or other money from the winnings of a person who has
   56-9  been finally determined to be:
  56-10              (1)  delinquent in the payment of a tax or other money
  56-11  collected by the comptroller, the state treasurer, or the Texas
  56-12  Alcoholic Beverage Commission;
  56-13              (2)  delinquent in making child support payments
  56-14  administered or collected by the attorney general; <or>
  56-15              (3)  in default on a loan made under Chapter 52,
  56-16  Education Code; or
  56-17              (4)  in default on a loan guaranteed under Chapter 57,
  56-18  Education Code.
  56-19        (k)  If a person's winnings exceed a delinquency under
  56-20  Subsection (j) of this section, the executive director shall pay
  56-21  the balance to the person.  The executive director shall transfer
  56-22  the amount deducted to the appropriate agency.
  56-23        (l)  The attorney general, comptroller, state treasurer,
  56-24  Texas Alcoholic Beverage Commission, Texas Higher Education
  56-25  Coordinating Board, and Texas Guaranteed Student Loan Corporation
  56-26  shall each provide the executive director with a report of persons
  56-27  who have been finally determined to be delinquent in the payment of
   57-1  a tax or other money collected by the agency.  The commission
   57-2  <comptroller> shall adopt rules regarding the form and frequency of
   57-3  reports under this subsection.
   57-4        SECTION 31.  Sections 5.04(a)-(c), State Lottery Act (Article
   57-5  179g, Vernon's Texas Civil Statutes), are amended to read as
   57-6  follows:
   57-7        (a)  If a minor is entitled to prize money on a winning
   57-8  ticket in an amount less than $600, the executive director may make
   57-9  payment by delivery to an adult member of the minor's family, or to
  57-10  the minor's guardian, of a warrant payable to the order of the
  57-11  minor.
  57-12        (b)  If a minor is entitled to prize money on a winning
  57-13  ticket in an amount of $600 or more, the executive director may
  57-14  direct payment to the minor by depositing the amount of the prize
  57-15  in any bank to the credit of an adult member of the minor's family
  57-16  or of the minor's guardian as custodian for the minor.
  57-17        (c)  The executive director shall pay the cash equivalent of
  57-18  a prize other than prize money if the person entitled to claim the
  57-19  prize is a minor.  Payment of the cash equivalent of a prize other
  57-20  than prize money to a minor shall be made as provided by
  57-21  Subsections (a) and (b) of this section.
  57-22        SECTION 32.  Sections 5.05(a), (b), and (d), State Lottery
  57-23  Act (Article 179g, Vernon's Texas Civil Statutes), are amended to
  57-24  read as follows:
  57-25        (a)  The commission <division> shall retain an unclaimed
  57-26  prize on a winning ticket for payment or delivery to the person
  57-27  entitled to the prize for 180 days after the date on which the
   58-1  winner was selected.  If a claim is not made for prize money on or
   58-2  before the 180th day after the date on which the winner was
   58-3  selected, the prize money shall be used to provide additional money
   58-4  to the state lottery account for the purposes prescribed by Section
   58-5  5.02(b)(1) of this Act.
   58-6        (b)  If a claim is not made for a prize other than prize
   58-7  money on or before the 180th day after the date on which the winner
   58-8  was selected, the prize shall revert to the commission <division>
   58-9  for use in subsequent games.
  58-10        (d)  For each lottery game, after the last date on which a
  58-11  prize may be claimed under Subsection (c) of this section, the
  58-12  executive director shall prepare a report that shows the total
  58-13  number of tickets sold and the number and amounts of prizes awarded
  58-14  in the game.  The report must be available for public inspection.
  58-15        SECTION 33.  Sections 5.06(a) and (b), State Lottery Act
  58-16  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
  58-17  as follows:
  58-18        (a)  The executive director and each lottery operator shall
  58-19  determine the compensation to be paid to sales agents for the sale
  58-20  of tickets as provided by this section.  The compensation paid to a
  58-21  sales agent may not be an amount less than five percent of the
  58-22  retail price of the tickets sold plus, at the discretion of the
  58-23  executive director or lottery operator supervising the game or
  58-24  activity involved, an incentive bonus based on attainment of sales
  58-25  volume, the redemption of winning tickets, or other objectives
  58-26  specified by the executive director or lottery operator for each
  58-27  type of lottery.
   59-1        (b)  The commission <division> or a lottery operator may run
   59-2  sales agent incentive games for sales agents using the incentive
   59-3  bonus amount or other amounts allocated by the executive director
   59-4  as compensation for  sales agents.
   59-5        SECTION 34.  Section 47.06(g), Penal Code, is amended to read
   59-6  as follows:
   59-7        (g)  It is a defense to prosecution for an offense under this
   59-8  section <chapter> that the conduct was authorized, directly or
   59-9  indirectly, by the State Lottery Act, the Texas Lottery Commission
  59-10  <lottery division in the office of the comptroller, the
  59-11  comptroller>, or the executive director of the Texas Lottery
  59-12  Commission <lottery division>.
  59-13        SECTION 35.  Section 47.14, Penal Code, is amended to read as
  59-14  follows:
  59-15        Sec. 47.14.  State Lottery.  It is a defense to prosecution
  59-16  for an offense under this chapter that the conduct:
  59-17              (1)  consisted entirely of participation in the state
  59-18  lottery authorized by the State Lottery Act; or
  59-19              (2)  was a necessary incident to the operation of the
  59-20  state lottery and was authorized, directly or indirectly, by the
  59-21  State Lottery Act<, the lottery division in the office of the
  59-22  comptroller>, the Texas Lottery Commission <comptroller>, or the
  59-23  executive director of the Texas Lottery Commission <lottery
  59-24  division>.
  59-25        SECTION 36.  Section 111.0047(a), Tax Code, is amended to
  59-26  read as follows:
  59-27        (a)  If a person fails to comply with any provision of this
   60-1  title<, with any provision of the State Lottery Act,> or with a
   60-2  rule of the comptroller adopted under this title <or the State
   60-3  Lottery Act>, the comptroller, after a hearing, may revoke or
   60-4  suspend any permit or license issued to the person.
   60-5        SECTION 37.  Section 111.0048(a), Tax Code, is amended to
   60-6  read as follows:
   60-7        (a)  A new permit or license may not be issued to a former
   60-8  holder of a revoked permit or license unless the comptroller is
   60-9  satisfied that the person will comply with the provisions of this
  60-10  title <and the State Lottery Act> and the rules of the comptroller
  60-11  relating to this title <and the State Lottery Act>.
  60-12        SECTION 38.  Section 2(5)(A), Chapter 421, Acts of the 63rd
  60-13  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  60-14  Civil Statutes), is amended to read  as follows:
  60-15                    (A)  "Appointed officer of a major state agency"
  60-16  means any of the following:
  60-17                          (i)  a member of the Public Utility
  60-18  Commission of Texas;
  60-19                          (ii)  a member of the Texas Department of
  60-20  Commerce;
  60-21                          (iii)  a member of the Texas Board of
  60-22  Aviation;
  60-23                          (iv)  a member of the Texas Air Control
  60-24  Board;
  60-25                          (v)  a member of the Texas Alcoholic
  60-26  Beverage Commission;
  60-27                          (vi)  a member of the Finance Commission of
   61-1  Texas;
   61-2                          (vii)  a member of the <State Purchasing
   61-3  and> General Services Commission;
   61-4                          (viii)  a member of the Texas Board of
   61-5  Criminal Justice;
   61-6                          (ix)  a member of the Board of Trustees of
   61-7  the Employees Retirement System of Texas;
   61-8                          (x)  a member of the State Highway and
   61-9  Public Transportation Commission;
  61-10                          (xi)  a member of the Texas Workers'
  61-11  Compensation Commission;
  61-12                          (xii)  a member of the State Board of
  61-13  Insurance;
  61-14                          (xiii)  a member of the Parks and Wildlife
  61-15  Commission;
  61-16                          (xiv)  a member of the Public Safety
  61-17  Commission;
  61-18                          (xv)  the Secretary of State;
  61-19                          (xvi)  a member of the State Securities
  61-20  Board;
  61-21                          (xvii)  a member of the Texas Amusement
  61-22  Machine Commission;
  61-23                          (xviii)  a member of the Texas Water
  61-24  Development Board;
  61-25                          (xix)  a member of the Texas Water
  61-26  Commission;
  61-27                          (xx)  a member of the governing board of a
   62-1  state senior college or university as defined by Section 61.003,
   62-2  Education Code, including The University of Texas at Arlington; The
   62-3  University of Texas at Austin; The University of Texas at Dallas;
   62-4  The University of Texas at El Paso; The University of Texas--Pan
   62-5  American; The University of Texas--Pan American--Brownsville; The
   62-6  University of Texas of the Permian Basin; The University of Texas
   62-7  at San Antonio; The University of Texas at Tyler; The University of
   62-8  Texas Southwestern Medical Center at Dallas; The University of
   62-9  Texas Medical Branch at Galveston; The University of Texas Health
  62-10  Science Center at Houston; The University of Texas Health Science
  62-11  Center at San Antonio; The University of Texas System Cancer
  62-12  Center; The University of Texas Health Science Center at Tyler;
  62-13  Texas A&M University; Texas A&M University at Galveston; Prairie
  62-14  View A&M University; Tarleton State University; Corpus Christi
  62-15  State University; Texas A&I University; Laredo State University;
  62-16  East Texas State University; East Texas State University at
  62-17  Texarkana; University of Houston; University of Houston--Clear
  62-18  Lake; University of Houston--Downtown; University of
  62-19  Houston--Victoria; Lamar University at Beaumont; Lamar University
  62-20  at Orange; Lamar University at Port Arthur; Midwestern State
  62-21  University; University of North Texas; Texas College of Osteopathic
  62-22  Medicine; Stephen F. Austin State University;  Texas Southern
  62-23  University; Texas Tech University; Texas Tech University Health
  62-24  Sciences Center; Texas Woman's University; West Texas State
  62-25  University; Angelo State University; Sam Houston State University;
  62-26  Southwest Texas State University; Sul Ross State University; Sul
  62-27  Ross State University--Uvalde Center; Texas State Technical
   63-1  Institute--Amarillo; Texas State Technical Institute--Harlingen;
   63-2  Texas State Technical Institute--Sweetwater; and Texas State
   63-3  Technical Institute--Waco;
   63-4                          (xxi)  a member of the Texas Higher
   63-5  Education Coordinating Board;
   63-6                          (xxii)  a member of the Texas Employment
   63-7  Commission;
   63-8                          (xxiii)  a member of the State Banking
   63-9  Board;
  63-10                          (xxiv)  a member of the board of trustees
  63-11  of the Teachers Retirement System of Texas;
  63-12                          (xxv)  a member of the Credit Union
  63-13  Commission;
  63-14                          (xxvi)  a member of the School Land Board;
  63-15                          (xxvii)  a member of the board of the Texas
  63-16  Department of Housing and Community Affairs;
  63-17                          (xxviii)  a member of the Texas Racing
  63-18  Commission;
  63-19                          (xxix)  a member of the State Board of
  63-20  Dental Examiners;
  63-21                          (xxx)  a member of the Texas Board of
  63-22  Licensure for Nursing Home Administrators;
  63-23                          (xxxi)  a member of the Texas State Board
  63-24  of Medical Examiners;
  63-25                          (xxxii)  a member of the Board of Pardons
  63-26  and Paroles;
  63-27                          (xxxiii)  a member of the Texas State Board
   64-1  of Pharmacy;
   64-2                          (xxxiv)  the Banking Commissioner of the
   64-3  Banking Department of Texas;
   64-4                          (xxxv)  a member of the Department of
   64-5  Information Resources Governing Board;
   64-6                          (xxxvi)  the fire fighters' pension
   64-7  commissioner;
   64-8                          (xxxvii)  a member of the Texas Motor
   64-9  Vehicle Commission;
  64-10                          (xxxviii)  the director of the Office of
  64-11  Court Administration of the Texas Judicial System;
  64-12                          (xxxix)  the chief executive of the Office
  64-13  of Public Utility Counsel;
  64-14                          (xl)  a member of the Texas Real Estate
  64-15  Commission;
  64-16                          (xli)  a member of the board of directors
  64-17  and the executive director of the State Bar of Texas;
  64-18                          (xlii)  a member of the Bond Review  Board;
  64-19                          (xliii)  a member of the Texas Board of
  64-20  Health;
  64-21                          (xliv)  a member of the Texas Board of
  64-22  Mental Health and Mental Retardation;
  64-23                          (xlv)  a member of the Texas Board on
  64-24  Aging;
  64-25                          (xlvi)  a member of the Texas Board of
  64-26  Human Services;
  64-27                          (xlvii)  a member of the Texas Funeral
   65-1  Service Commission;
   65-2                          (xlviii)  a member of the board of
   65-3  directors of a river authority created under the constitution or
   65-4  laws of this state;
   65-5                          (xlix)  the executive director of the Texas
   65-6  Lottery Commission <lottery division in the office of the
   65-7  comptroller>; <or>
   65-8                          (l)  the deputy in charge of the department
   65-9  of security in the Texas Lottery Commission; or <lottery division
  65-10  in the office of the comptroller>
  65-11                          (li)  a member of the Texas Lottery
  65-12  Commission.
  65-13        SECTION 39.  Sections 2.04(j) and 4.06(g), State Lottery Act
  65-14  (Article 179g, Vernon's Texas Civil Statutes), are repealed.
  65-15        SECTION 40.  (a)  This Act takes effect July 1, 1993, if this
  65-16  Act may take effect on that date under Article III, Section 39, of
  65-17  the Texas Constitution.
  65-18        (b)  If this Act does not take effect as provided by
  65-19  Subsection (a) of this section, this Act takes effect September 1,
  65-20  1993, except that Section 39 of this Act takes effect August 31,
  65-21  1993.
  65-22        (c)  The Texas Lottery Commission is created on the effective
  65-23  date of this Act.  In making the initial appointments to the
  65-24  commission, the governor shall designate one member for a term
  65-25  expiring in 1995, one member for a term expiring in 1997, and one
  65-26  member for a term expiring in 1999.
  65-27        SECTION 41.  (a)  On the earliest date on which an executive
   66-1  director and at least two members of the Texas Lottery Commission
   66-2  have been appointed and hold office:
   66-3              (1)  all powers, duties, rights, and obligations of the
   66-4  comptroller relating to the administration, operation, and
   66-5  regulation of the state lottery are transferred to the Texas
   66-6  Lottery Commission;
   66-7              (2)  except as provided by Subsection (b) of this
   66-8  section, all assets, liabilities, personnel, equipment, data,
   66-9  documents, facilities, and other items of the comptroller relating
  66-10  to the administration, operation, and regulation of the state
  66-11  lottery are transferred to the Texas Lottery Commission; and
  66-12              (3)  any appropriation to the comptroller relating to
  66-13  the administration, operation, and regulation of the state lottery
  66-14  is transferred to the Texas Lottery Commission.
  66-15        (b)  The comptroller may decide whether to transfer to the
  66-16  Texas Lottery Commission:
  66-17              (1)  personnel who perform both duties that relate to
  66-18  lottery operations and duties that do not relate to lottery
  66-19  operations; and
  66-20              (2)  assets used both in lottery operations and
  66-21  operations other than lottery operations.
  66-22        (c)  The officers and employees of the office of the
  66-23  comptroller shall cooperate fully with the reorganization.
  66-24        (d)  Until at least two initial members of the Texas Lottery
  66-25  Commission are appointed and hold office, the comptroller exercises
  66-26  the powers and duties of the commission, and a reference in the
  66-27  State Lottery Act (Article 179g, Vernon's Texas Civil Statutes) is
   67-1  considered to be a reference to the comptroller.
   67-2        (e)  Until the initial executive director of the Texas
   67-3  Lottery Commission is appointed and takes office, the comptroller
   67-4  serves as the executive director, and a reference in the State
   67-5  Lottery Act (Article 179g, Vernon's Texas Civil Statutes) to the
   67-6  executive director of the Texas Lottery Commission is considered to
   67-7  be a reference to the comptroller.
   67-8        SECTION 42.  (a)  A change in law made by this Act does not
   67-9  affect:
  67-10              (1)  the validity of any action taken by the
  67-11  comptroller or the lottery division in the office of the
  67-12  comptroller under the State Lottery Act (Article 179g, Vernon's
  67-13  Texas Civil Statutes) before the effective date of the change in
  67-14  law; or
  67-15              (2)  a civil, criminal, or administrative proceeding
  67-16  completed before the effective date of this Act.
  67-17        (b)  A change in law made by this Act does not affect the
  67-18  validity of a civil, criminal, or administrative proceeding,
  67-19  including licensing or rulemaking, in progress on the effective
  67-20  date of the change in law.  A civil, criminal, or administrative
  67-21  proceeding under the State Lottery Act (Article 179g, Vernon's
  67-22  Texas Civil Statutes) that is in progress on the effective date of
  67-23  this Act continues as if it had been initiated by the Texas Lottery
  67-24  Commission under the law in effect on the effective date.
  67-25        (c)  All forms, rules, and procedures adopted by the
  67-26  comptroller for the administration and enforcement of the State
  67-27  Lottery Act (Article 179g, Vernon's Texas Civil Statutes) and in
   68-1  effect on the effective date of this Act remain in effect on or
   68-2  after that date as if adopted by the Texas Lottery Commission until
   68-3  amended, repealed, withdrawn, or otherwise superseded by the Texas
   68-4  Lottery Commission.  A license issued under the State Lottery Act
   68-5  (Article 179g, Vernon's Texas Civil Statutes) and in effect on the
   68-6  effective date of this Act remains in effect according to its terms
   68-7  as if issued by the Texas Lottery Commission until the license
   68-8  expires or is revoked or surrendered.
   68-9        (d)  A change in law made by this Act applies only to an
  68-10  offense committed on or after the effective date of this Act.  For
  68-11  the purposes of this subsection, an offense is committed before the
  68-12  effective date if any element of the offense occurs before that
  68-13  date.
  68-14        (e)  An offense committed before the effective date of this
  68-15  Act is covered by the law in effect when the offense was committed,
  68-16  and the former law is continued in effect for this purpose.
  68-17        SECTION 43.  The importance of this legislation and the
  68-18  crowded condition of the calendars in both houses create an
  68-19  emergency and an imperative public necessity that the
  68-20  constitutional rule requiring bills to be read on three several
  68-21  days in each house be suspended, and this rule is hereby suspended,
  68-22  and that this Act take effect and be in force according to its
  68-23  terms, and it is so enacted.