By:  Henderson                                         S.B. No. 244
       73R3496 LJD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of video lottery games; providing
    1-3  penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.02, State Lottery Act (Article 179g,
    1-6  Vernon's Texas Civil Statutes), is amended by amending Subdivisions
    1-7  (3), (6), and (7) and adding Subdivisions (9) and (10) to read as
    1-8  follows:
    1-9              (3)  "Lottery" means the procedures operated by the
   1-10  state under this Act through which prizes are awarded or
   1-11  distributed by chance among persons who have paid, or
   1-12  unconditionally agreed to pay, for a chance or other opportunity to
   1-13  receive a prize and includes all procedures associated with the
   1-14  operation of video lottery games.
   1-15              (6)  "Player" means a person who contributes any part
   1-16  of the consideration for a ticket or for a video lottery game.
   1-17              (7)  "Sales agent" or "sales agency" means a person
   1-18  licensed under this Act to sell lottery tickets or operate video
   1-19  lottery game machines.
   1-20              (9)  "Video lottery game" means a single turn or
   1-21  opportunity to play a video game in which the player, by chance,
   1-22  may receive a voucher described in Section 5.031 of this Act.
   1-23              (10)  "Video lottery game machine" means any electronic
   1-24  video gambling machine using a video display screen and
    2-1  microprocessor that, on the making of a required payment, is
    2-2  available to play or simulate the play of a video lottery game.
    2-3  The term does not include any device authorized to be used in the
    2-4  conducting of charitable gaming.
    2-5        SECTION 2.  Article 1, State Lottery Act (Article 179g,
    2-6  Vernon's Texas Civil Statutes), is amended by adding Section 1.05
    2-7  to read as follows:
    2-8        Sec. 1.05.  EXEMPTION FROM FEDERAL LAW.  Video lottery game
    2-9  machines operated or to be operated under this Act are exempted
   2-10  from 15 U.S.C. Section 1172.
   2-11        SECTION 3.  Section 2.01(e), State Lottery Act (Article 179g,
   2-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-13        (e)  The director may employ or contract with marketing
   2-14  representatives to promote the sale of tickets and the installation
   2-15  of video lottery game machines, to encourage persons to apply to
   2-16  become sales agents, or to investigate the qualifications of sales
   2-17  agent applicants.  The marketing representatives are exempted from
   2-18  the Position Classification Act of 1961 (Article 6252-11, Vernon's
   2-19  Texas Civil Statutes) and may be compensated based on a sales
   2-20  incentive system to be established by the director.
   2-21        SECTION 4.  Sections 2.02(c) and (d), State Lottery Act
   2-22  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   2-23  as follows:
   2-24        (c)  The comptroller shall adopt rules to the extent they are
   2-25  not inconsistent with the Open Meetings Act (Article 6252-17,
   2-26  Vernon's Texas Civil Statutes) and the Open Records Act (Article
   2-27  6252-17a, Vernon's Texas Civil Statutes) governing the:
    3-1              (1)  security for the lottery and the division,
    3-2  including the development of an internal security plan;
    3-3              (2)  apportionment of the total revenues from the sale
    3-4  of tickets and from all other sources in the amounts provided by
    3-5  this Act;
    3-6              (3)  enforcement of prohibitions on access to video
    3-7  lottery games by and the sale of tickets to or by an individual
    3-8  younger than 18 years of age; and
    3-9              (4)  enforcement of prohibitions on a person playing a
   3-10  lottery game or activity by telephone.
   3-11        (d)  The comptroller may adopt rules governing the
   3-12  establishment and operation of the lottery, including rules
   3-13  governing:
   3-14              (1)  the type of lottery games or activities to be
   3-15  conducted;
   3-16              (2)  the price of each ticket;
   3-17              (3)  the number of winning tickets and amount of the
   3-18  prize paid on each winning ticket;
   3-19              (4)  the frequency of the drawing or selection of a
   3-20  winning ticket;
   3-21              (5)  the number and types of locations at which a
   3-22  ticket may be sold;
   3-23              (6)  the method to be used in selling a ticket;
   3-24              (7)  the use of vending machines, video lottery game
   3-25  machines, or electronic or mechanical devices of any kind, other
   3-26  than machines or devices that dispense currency or coins as prizes;
   3-27              (8)  the manner of paying a prize to the holder of a
    4-1  winning ticket;
    4-2              (9)  the investigation of possible violations of this
    4-3  Act or any rule adopted under this Act;
    4-4              (10)  the means of advertising to be used for the
    4-5  lottery;
    4-6              (11)  the qualifications of vendors of lottery services
    4-7  or equipment;
    4-8              (12)  the confidentiality of information relating to
    4-9  the operation of the lottery, including:
   4-10                    (A)  trade secrets;
   4-11                    (B)  security measures, systems, or procedures;
   4-12                    (C)  security reports;
   4-13                    (D)  bids or other information regarding the
   4-14  division's contracts, if disclosure of the information would impair
   4-15  the division's ability to contract for facilities, goods, or
   4-16  services on terms favorable to the division;
   4-17                    (E)  personnel information unrelated to
   4-18  compensation, duties, qualifications, or responsibilities; and
   4-19                    (F)  information obtained by division security
   4-20  officers or investigators;
   4-21              (13)  the development and availability of a model
   4-22  agreement governing the division of a prize among multiple
   4-23  purchasers of a winning ticket purchased through a group purchase
   4-24  or pooling arrangement;
   4-25              (14)  the criteria to be used in evaluating bids for
   4-26  contracts for lottery facilities, goods, and services; or
   4-27              (15)  any other matter necessary or desirable as
    5-1  determined by the comptroller, to promote and ensure:
    5-2                    (A)  the integrity, security, honesty, and
    5-3  fairness of the operation and administration of the lottery; and
    5-4                    (B)  the convenience of players and holders of
    5-5  winning tickets.
    5-6        SECTION 5.  Section 3.01(d), State Lottery Act (Article 179g,
    5-7  Vernon's Texas Civil Statutes), is amended to read as follows:
    5-8        (d)  A separate license is required for each location at
    5-9  which tickets are to be sold or video lottery game machines are to
   5-10  be installed.  A person who desires to operate more than one
   5-11  location to sell tickets or operate video lottery game machines
   5-12  must submit a separate application for each location.
   5-13        SECTION 6.  Article 3, State Lottery Act (Article 179g,
   5-14  Vernon's Texas Civil Statutes), is amended by adding Section 3.011
   5-15  to read as follows:
   5-16        Sec. 3.011.  VIDEO LOTTERY GAME LICENSING.  (a)  The director
   5-17  may issue a video lottery game license only to a racetrack that is
   5-18  licensed under the Texas Racing Act (Article 179e, Vernon's Texas
   5-19  Civil Statutes).
   5-20        (b)  A racetrack licensed under this section must meet the
   5-21  requirements for licensing as a sales agent of lottery tickets
   5-22  except as otherwise specifically provided by this Act.  A license
   5-23  issued under this section authorizes the operation of video lottery
   5-24  game machines only and may not be construed as a license to engage
   5-25  in any other lottery activity under this Act.
   5-26        (c)  A racetrack licensed under this section:
   5-27              (1)  shall place the video lottery game machines in an
    6-1  area where the racetrack prevents access to the machines by minors;
    6-2  and
    6-3              (2)  may offer only the video lottery games authorized
    6-4  by the director.
    6-5        (d)  A license held under this section expires immediately if
    6-6  the racetrack license held by the racetrack is suspended or
    6-7  revoked.
    6-8        (e)  A racetrack licensed under this section may install and
    6-9  operate any type or brand of video lottery game machine if the
   6-10  machine meets the requirements imposed by this Act and each
   6-11  applicable rule adopted under this Act.
   6-12        SECTION 7.  Sections 3.02(a) and (i), State Lottery Act
   6-13  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   6-14  as follows:
   6-15        (a)  After a hearing, the director shall deny an application
   6-16  for a license or the comptroller shall suspend or revoke a license
   6-17  if the director or comptroller, as applicable, finds that the
   6-18  applicant or sales agent:
   6-19              (1)  is an individual who:
   6-20                    (A)  has been convicted of a felony, criminal
   6-21  fraud, gambling or a gambling-related offense, or a misdemeanor
   6-22  involving moral turpitude, if less than 10 years has elapsed since
   6-23  the termination of the sentence, parole, mandatory supervision, or
   6-24  probation served for the offense;
   6-25                    (B)  is or has been a professional gambler; or
   6-26                    (C)  is married to or related in the first degree
   6-27  of consanguinity or affinity to an individual:
    7-1                          (i)  described in Paragraph (A) or (B) of
    7-2  this subdivision; or
    7-3                          (ii)  who is currently delinquent in the
    7-4  payment of any state tax;
    7-5              (2)  is not an individual, and an individual described
    7-6  in Subdivision (1) of this subsection:
    7-7                    (A)  is an officer or director of the applicant
    7-8  or sales agent;
    7-9                    (B)  holds more than 10 percent of the stock in
   7-10  the applicant or sales agent;
   7-11                    (C)  holds an equitable interest greater than 10
   7-12  percent in the applicant or sales agent;
   7-13                    (D)  is a creditor of the applicant or sales
   7-14  agent who holds more than 10 percent of the applicant's or sales
   7-15  agent's outstanding debt;
   7-16                    (E)  is the owner or lessee of a business that
   7-17  the applicant or sales agent conducts or through which the
   7-18  applicant will conduct a ticket sales agency;
   7-19                    (F)  shares or will share in the profits, other
   7-20  than stock dividends, of the applicant or sales agent;
   7-21                    (G)  participates in managing the affairs of the
   7-22  applicant or sales agent; or
   7-23                    (H)  is an employee of the applicant or sales
   7-24  agent who is or will be involved in:
   7-25                          (i)  selling tickets; or
   7-26                          (ii)  handling money from the sale of
   7-27  tickets;
    8-1              (3)  is currently delinquent in the payment of any
    8-2  state tax;
    8-3              (4)  is a person whose location for the sales agency
    8-4  is:
    8-5                    (A)  a racetrack at which wagering is authorized
    8-6  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
    8-7  Statutes), except as provided by Section 3.011 of this Act;
    8-8                    (B)  a location licensed for games of bingo under
    8-9  the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
   8-10  Statutes);
   8-11                    (C)  on land that is owned by:
   8-12                          (i)  this state; or
   8-13                          (ii)  a political subdivision of this
   8-14  state, other than land used as a mass transportation facility that
   8-15  is used by commercial carriers; or
   8-16                    (D)  a location for which a person holds a wine
   8-17  and beer retailer's permit, mixed beverage permit, mixed beverage
   8-18  late hours permit, private club registration permit, or private
   8-19  club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
   8-20  Alcoholic Beverage Code, unless the applicant is a racetrack
   8-21  eligible for a video lottery game license under Section 3.011 of
   8-22  this Act;
   8-23              (5)  has violated this Act or a rule adopted under this
   8-24  Act.
   8-25        (i)  The director shall not issue a license <to sell lottery
   8-26  tickets> to applicants who fail to certify to the director the
   8-27  applicant's compliance with the federal Americans With Disabilities
    9-1  Act.
    9-2        SECTION 8.  Section 4.01, State Lottery Act (Article 179g,
    9-3  Vernon's Texas Civil Statutes), is amended to read as follows:
    9-4        Sec. 4.01.  TICKETS AND VOUCHERS.  (a)  The director shall
    9-5  prescribe the form of tickets and video lottery game vouchers.  The
    9-6  toll-free "800" telephone number established by the Texas
    9-7  Commission on Alcohol and Drug Abuse under Section 461.018, Health
    9-8  and Safety Code, must be printed on each ticket and on each
    9-9  voucher.  The overall estimated odds of winning a prize in a given
   9-10  game or activity must be printed on each ticket, but not on a
   9-11  voucher, and prominently displayed in association with the sale of
   9-12  lottery products.  The estimate must be based on reasonable
   9-13  projections and past experience.
   9-14        (b)  By purchasing a ticket in a particular lottery game or
   9-15  activity or operating a video lottery game machine, a player agrees
   9-16  to abide by and be bound by the division's rules, including the
   9-17  rules applicable to the particular lottery game or activity
   9-18  involved.  The player also acknowledges that the determination of
   9-19  whether the player is a valid winner is subject to the division's
   9-20  rules and claims procedures, including those developed for the
   9-21  particular lottery game or activity involved, and subject to any
   9-22  validation tests established by the division for the particular
   9-23  lottery game or activity involved.  If the lottery uses tickets, an
   9-24  abbreviated form of the rules or a reference to the rules may
   9-25  appear on the tickets.
   9-26        SECTION 9.  Article 4, State Lottery Act (Article 179g,
   9-27  Vernon's Texas Civil Statutes), is amended by adding Section 4.011
   10-1  to read as follows:
   10-2        Sec. 4.011.  VIDEO LOTTERY GAME REGULATIONS.  (a)  A video
   10-3  lottery game machine may not:
   10-4              (1)  award free games in lieu of credits; or
   10-5              (2)  directly dispense coins, cash, tokens, or anything
   10-6  else of value, except the voucher required by Section 5.031 of this
   10-7  Act.
   10-8        (b)  A racetrack holding a video lottery game license is
   10-9  entitled to offer for play at the racetrack an unlimited number of
  10-10  video lottery game machines.  Video lottery games may be offered
  10-11  for play at the racetrack at any time and regardless of whether the
  10-12  racetrack is simultaneously conducting a live or simulcast
  10-13  pari-mutuel event.
  10-14        SECTION 10.  Sections 4.02(b), (c), (d), (g), (h), and (i),
  10-15  State Lottery Act (Article 179g, Vernon's Texas Civil Statutes),
  10-16  are amended to read as follows:
  10-17        (b)  Except as provided by this subsection, a person who is
  10-18  not a sales agent or an employee of a sales agent commits an
  10-19  offense if the person intentionally or knowingly sells a ticket or
  10-20  offers a video lottery game machine for play.  An offense under
  10-21  this subsection is a felony of the third degree.  A lottery
  10-22  operator may sell tickets to a licensed sales agent.  A person who
  10-23  is not a sales agent may distribute tickets as premiums to
  10-24  customers, employees, or other persons who deal with the person if
  10-25  no purchase or service is required to entitle the recipient to the
  10-26  ticket.
  10-27        (c)  A person commits an offense if the person sells a ticket
   11-1  at a location other than the location of a sales agency or offers a
   11-2  video lottery game machine for play at a location other than the
   11-3  licensed location.  An offense under this subsection is a Class A
   11-4  misdemeanor.
   11-5        (d)  A sales agent or an employee of a sales agent may not
   11-6  intentionally or knowingly sell or offer to sell a ticket to an
   11-7  individual or allow an individual to play a video lottery game if
   11-8  <that> the person knows that the individual is younger than 18
   11-9  years of age.
  11-10        (g)  A sales agent or an employee of a sales agent commits an
  11-11  offense if the person intentionally or knowingly sells a ticket to
  11-12  another person or allows another person to play a video lottery
  11-13  game by extending credit or lending money to the person to enable
  11-14  the person to  purchase the ticket or play the game.  An offense
  11-15  under this subsection is a Class C misdemeanor.
  11-16        (h)  A person may not purchase a ticket or play a video
  11-17  lottery game:
  11-18              (1)  with a food stamp coupon issued under the food
  11-19  stamp program administered under Chapter 33, Human Resources Code;
  11-20              (2)  with a credit card or a debit card;
  11-21              (3)  over the telephone; or
  11-22              (4)  by mail-order sales.
  11-23        (i)  A person may not pay for a ticket or play a video
  11-24  lottery game with the proceeds of a check issued as a payment under
  11-25  the Aid to Families with Dependent Children program administered
  11-26  under Chapter 31, Human Resources Code.
  11-27        SECTION 11.  Section 4.03(e), State Lottery Act (Article
   12-1  179g, Vernon's Texas Civil Statutes), is amended to read as
   12-2  follows:
   12-3        (e)  A person commits an offense if the person intentionally
   12-4  or knowingly tampers with, damages, defaces, or renders inoperable
   12-5  any vending machine, electronic computer terminal, video lottery
   12-6  game machine, or other mechanical device used in a lottery game.
   12-7  An offense under this subsection is a felony of the third degree.
   12-8        SECTION 12.  Sections 5.01(a), (b), (d), (e), (f), and (g),
   12-9  State Lottery Act (Article 179g, Vernon's Texas Civil Statutes),
  12-10  are amended to read as follows:
  12-11        (a)  Except as provided by Subsection (e) of this section,
  12-12  all revenue received from the sale of tickets, all revenue received
  12-13  from video lottery games, and all money credited to the state
  12-14  lottery account from any other source shall be deposited in the
  12-15  state treasury through approved state depositories on the
  12-16  settlement day or days established by the director.
  12-17        (b)  The director may require sales agents to establish
  12-18  separate electronic funds transfer accounts for the purposes of
  12-19  depositing money from ticket sales and video lottery games, making
  12-20  payments to the division, and receiving payments from the division.
  12-21  The comptroller by rule shall establish the procedures for
  12-22  depositing money from ticket sales and video lottery games into
  12-23  electronic funds transfer accounts, as well as other procedures
  12-24  regarding the handling of money from ticket sales and video lottery
  12-25  games.  The director may not permit a sales agent to make payments
  12-26  to the division or a lottery operator in cash.
  12-27        (d)  The director may require a sales agent to file with the
   13-1  division reports of receipts and transactions relating to the sale
   13-2  of tickets or the operation of video lottery game machines in the
   13-3  form and containing the information that the director requires.
   13-4  Each sales agent shall maintain records adequate to establish the
   13-5  disposition of each ticket provided to the sales agent, the amounts
   13-6  of money received for the sale of those tickets or the operation of
   13-7  video lottery game machines, and any prizes awarded by the sales
   13-8  agent.
   13-9        (e)  The director may provide for a sales agent to retain
  13-10  from the money received from the sale of tickets or the operation
  13-11  of video lottery game machines the amount of prizes paid by the
  13-12  agent, <or> the agent's commission, if any, or amounts not
  13-13  allocated to the state under Section 5.021 of this Act, and may
  13-14  establish how often the agent will make settlement payments to the
  13-15  treasury.
  13-16        (f)  The director may provide for a sales agent to pay
  13-17  amounts received for the sale of tickets or the operation of video
  13-18  lottery game machines directly to an officer or employee of the
  13-19  division for immediate deposit in the state treasury.
  13-20        (g)  A sales agent is liable to the division for all tickets
  13-21  accepted or generated by the sales agent or any employee or agent
  13-22  of the sales agent, and tickets shall be deemed to have been
  13-23  purchased by the sales agent unless returned to the division within
  13-24  the time and manner prescribed by the division.  Money received by
  13-25  a sales agent from the sales of tickets or the operation of video
  13-26  lottery game machines, less the amount retained for prizes paid by
  13-27  the sales agent, <or> for the agent's commission, if any, or for
   14-1  amounts not allocated to the state under Section 5.021 of this Act,
   14-2  together with any unsold tickets, shall be held in trust for the
   14-3  benefit of the state before delivery to a lottery operator or the
   14-4  division or electronic transfer to the state treasury, and the
   14-5  sales agent is liable to the division for the full amount of the
   14-6  money or unsold tickets so held.  If the sales agent is not an
   14-7  individual, each officer, director, or owner of the sales agent is
   14-8  personally liable to the division for the full amount of the money
   14-9  or unsold tickets held in trust for the benefit of the state.
  14-10        SECTION 13.  Section 5.02(a), State Lottery Act (Article
  14-11  179g, Vernon's Texas Civil Statutes), is amended to read as
  14-12  follows:
  14-13        (a)  A special account in the general revenue fund to be
  14-14  known as the state lottery account is established.  The account
  14-15  consists of all revenue received from the sale of tickets, all
  14-16  revenue received from video lottery games, license and application
  14-17  fees under this Act, and all money credited to the account from any
  14-18  other fund or source under law.  Interest earned by the state
  14-19  lottery account shall be deposited in the unobligated portion of
  14-20  the general revenue fund.
  14-21        SECTION 14.  Article 5, State Lottery Act (Article 179g,
  14-22  Vernon's Texas Civil Statutes), is amended by adding Section 5.021
  14-23  to read as follows:
  14-24        Sec. 5.021.  ALLOCATION OF VIDEO LOTTERY GAME REVENUE.  (a)
  14-25  Revenue derived from video lottery games, after payment of prizes,
  14-26  shall be allocated as follows:
  14-27              (1)  20 percent to the state lottery account;
   15-1              (2)  50 percent to the racetrack at which the video
   15-2  lottery games were offered for play;
   15-3              (3)  18 percent to the person providing the video
   15-4  lottery game machines and associated communication system to the
   15-5  racetrack;
   15-6              (4)  10 percent to:
   15-7                    (A)  the owners of kennels who are under contract
   15-8  with the racetrack under Section 10.03, Texas Racing Act (Article
   15-9  179e, Vernon's Texas Civil Statutes), if the racetrack conducts
  15-10  greyhound races; or
  15-11                    (B)  the owners of horses who are awarded any
  15-12  portion of a purse from a race conducted at the racetrack, if the
  15-13  racetrack conducts horse races;
  15-14              (5)  one percent to the county in which the racetrack
  15-15  is located; and
  15-16              (6)  one percent to:
  15-17                    (A)  the municipality in which the racetrack is
  15-18  located; or
  15-19                    (B)  the county in which the racetrack is
  15-20  located, in addition to the amount allocated under Subdivision (5)
  15-21  of this subsection, if the racetrack is not located in a
  15-22  municipality.
  15-23        (b)  If a racetrack is located in more than one county or
  15-24  more than one municipality, the amounts allocated under Subsection
  15-25  (a)(5) or (6) of this section shall be allocated among the counties
  15-26  or municipalities based on population.
  15-27        SECTION 15.  Article 5, State Lottery Act (Article 179g,
   16-1  Vernon's Texas Civil Statutes), is amended by adding Section 5.031
   16-2  to read as follows:
   16-3        Sec. 5.031.  VIDEO LOTTERY GAME PRIZE PAYMENTS; PAYBACK
   16-4  PERCENTAGE.  (a)  A racetrack that holds a license under Section
   16-5  3.011 of this Act shall pay in cash all credits owed to a player as
   16-6  shown on a valid video lottery game voucher.
   16-7        (b)  A video lottery game machine must be capable of printing
   16-8  a voucher showing any credits owed to a winning player at the
   16-9  completion of each game.
  16-10        (c)  For each video lottery game machine located at a
  16-11  racetrack, the racetrack shall prescribe a reasonable return to
  16-12  winning players that is not less than 70 percent of the value spent
  16-13  by players on that machine.
  16-14        (d)  Each video lottery game machine must have an electronic
  16-15  accounting device that may be used to verify the winning
  16-16  percentage.
  16-17        SECTION 16.  Section 5.07, State Lottery Act (Article 179g,
  16-18  Vernon's Texas Civil Statutes), is amended to read as follows:
  16-19        Sec. 5.07.  EXEMPTION FROM TAXATION.  (a)  A political
  16-20  subdivision of this state may not impose:
  16-21              (1)  a tax on the sale of a ticket or on a game played
  16-22  on a video lottery game machine;
  16-23              (2)  a tax on the payment of a prize under this Act; or
  16-24              (3)  an ad valorem tax on tickets or on a game played
  16-25  on a video lottery game machine.
  16-26        (b)  The receipts from the sale, use, or other consumption of
  16-27  a ticket or the receipts from a video lottery game machine are
   17-1  exempt from taxation under Chapter 151, Tax Code.
   17-2        SECTION 17.  Section 2.02(k), State Lottery Act (Article
   17-3  179g, Vernon's Texas Civil Statutes), is repealed.
   17-4        SECTION 18.  The importance of this legislation and the
   17-5  crowded condition of the calendars in both houses create an
   17-6  emergency and an imperative public necessity that the
   17-7  constitutional rule requiring bills to be read on three several
   17-8  days in each house be suspended, and this rule is hereby suspended,
   17-9  and that this Act take effect and be in force from and after its
  17-10  passage, and it is so enacted.