By:  Harris of Dallas                                 S.B. No. 1090
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to operation of the Texas Lottery; providing penalties.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 2.02(e), State Lottery Act (Article 179g,
    1-4  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-5        (e)  If the director authorizes a person who is not an
    1-6  employee of the division to sell tickets, the person must be
    1-7  licensed as a sales agent by the division.  The director may
    1-8  establish a provisional license or other classes of licenses
    1-9  necessary to regulate and administer the quantity and type of
   1-10  lottery games or activities provided at each licensed location.
   1-11  Each sales agent shall post a cash bond, surety bond, letter of
   1-12  credit, certificate of deposit, or other security approved by the
   1-13  director, including the contribution of cash to a pooled bond fund
   1-14  established by the director to protect the state from possible
   1-15  losses.  The amount of the security shall be determined by the
   1-16  director and shall reflect the possible losses to the state from
   1-17  the operation of the sales agents <agent>.  The director may also
   1-18  require a sales agent to maintain insurance if necessary to protect
   1-19  the interests of the state.  As prescribed by division rules, each
   1-20  sales agent shall prominently display the license in each place of
   1-21  business or activity at which the sales agent sells tickets.
   1-22        SECTION 2.  Section 2.04(j), State Lottery Act (Article 179g,
   1-23  Vernon's Texas Civil Statutes), is repealed.
    2-1        SECTION 3.  Section 2.08, State Lottery Act (Article 179g,
    2-2  Vernon's Texas Civil Statutes), is amended to read as follows:
    2-3        Sec. 2.08.  Publicity of Individuals Prohibited.  A state
    2-4  officer, a commission member, the executive director <or employee,
    2-5  including> the <comptroller>, the director, or an officer or
    2-6  employee of the commission <comptroller's office> or the division,
    2-7  may not appear in an advertisement or promotion for the lottery
    2-8  that is sponsored by the commission <comptroller's office> or the
    2-9  division or in a televised lottery drawing.  An advertisement or
   2-10  promotion for the lottery may not contain the likeness or name of a
   2-11  state officer, a commission member, the executive director <or
   2-12  employee, including> the <comptroller>, the director, or an officer
   2-13  or employee of the commission <comptroller's office> or the
   2-14  division.  In connection with providing security for the lottery,
   2-15  this section shall not prohibit a security officer or investigator
   2-16  employed by the division from appearing in a televised lottery
   2-17  drawing or other promotion for the lottery that is sponsored by the
   2-18  commission <comptroller's office> or the division.  Notwithstanding
   2-19  the provisions of this section, the director may designate
   2-20  appropriate employees <an employee>  of the division to participate
   2-21  in a promotional event<, the purpose of which is to award a prize>.
   2-22        SECTION 4.  Article 2, State Lottery Act (Article 179g,
   2-23  Vernon's Texas Civil Statutes), is amended by adding Section 2.115
   2-24  to read as follows:
   2-25        Sec. 2.115.  VENUE.  (a)  An offense under this Act may be
    3-1  prosecuted in a court of competent jurisdiction in Travis County or
    3-2  in a county in which prosecution is authorized under the Code of
    3-3  Criminal Procedure.
    3-4        (b)  A lottery operator, lottery vendor, sales agent, or
    3-5  division employee who violates a provision of the Penal Code while
    3-6  engaged in lottery activities may be prosecuted in a court of
    3-7  competent jurisdiction in Travis County or in a county in which
    3-8  prosecution is authorized under the Code of Criminal Procedure.
    3-9        (c)  An offense under Chapters 28, 29, 30, 31, 32, 33, or 71
   3-10  of the Penal Code, in which the property involved consisted of or
   3-11  included Texas Lottery tickets, may be prosecuted in a court of
   3-12  competent jurisdiction in Travis County or in a county in which
   3-13  prosecution is authorized under the Code of Criminal Procedure.
   3-14        SECTION 5.  Section 2.13(a), State Lottery Act (Article 179g,
   3-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-16        (a)  The director shall, every two years, employ an
   3-17  independent firm experienced in demographic analysis to conduct a
   3-18  demographic study of lottery players.  The study shall include the
   3-19  income, age, sex, race, education, and frequency of participation
   3-20  of players.
   3-21        SECTION 6.  Section 3.02(a), State Lottery Act (Article 179g,
   3-22  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-23        (a)  After a hearing, the director shall deny an application
   3-24  for a license or the commission <comptroller> shall suspend or
   3-25  revoke a license if the director or commission <comptroller>, as
    4-1  applicable, finds that the applicant or sales agent:
    4-2              (1)  is an individual who:
    4-3                    (A)  has been convicted of a felony, criminal
    4-4  fraud, gambling or gambling-related offense, or misdemeanor
    4-5  involving moral turpitude, if less than 10 years has elapsed since
    4-6  the termination of the sentence, parole, mandatory supervision, or
    4-7  probation served for the offense;
    4-8                    (B)  is or has been a professional gambler; <or>
    4-9                    (C)  is married to <or related in the first
   4-10  degree of consanguinity or affinity to> an individual:
   4-11                          (i)  described in Paragraph (A) or (B) of
   4-12  this subdivision; or
   4-13                          (ii)  who is currently delinquent in the
   4-14  payment of any state tax;
   4-15                    (D)  is an officer or employee of the commission,
   4-16  division, or a lottery operator; or
   4-17                    (E)  is a spouse, child, brother, sister, or
   4-18  parent residing as a member of the same household in the principal
   4-19  place of residence of a person described by Paragraph (D) of this
   4-20  subdivision;
   4-21              (2)  is not an individual, and an individual described
   4-22  in Subdivision (1) of this subsection:
   4-23                    (A)  is an officer or director of the applicant
   4-24  or sales agent;
   4-25                    (B)  holds more than 10 percent of the stock in
    5-1  the applicant or sales agent;
    5-2                    (C)  holds an equitable interest greater than 10
    5-3  percent in the applicant or sales agent;
    5-4                    (D)  is a creditor of the applicant or sales
    5-5  agent who holds more than 10 percent of the applicant's or sales
    5-6  agent's outstanding debt;
    5-7                    (E)  is the owner or lessee of a business that
    5-8  the applicant or sales agent conducts or through which the
    5-9  applicant will conduct a ticket sales agency;
   5-10                    (F)  shares or will share in the profits, other
   5-11  than stock dividends, of the applicant or sales agent; or
   5-12                    (G)  participates in managing the affairs of the
   5-13  applicant or sales agent; <or>
   5-14                    <(H)  is an employee of the applicant or sales
   5-15  agent who is or will be involved in:>
   5-16                          <(i)  selling tickets; or>
   5-17                          <(ii)  handling money from the sale of
   5-18  tickets;>
   5-19              (3)  is currently delinquent in the payment of any
   5-20  state tax;
   5-21              (4)  is a person whose location for the sales agency
   5-22  is:
   5-23                    (A)  a racetrack at which wagering is authorized
   5-24  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
   5-25  Statutes);
    6-1                    (B)  a location licensed for games of bingo under
    6-2  the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
    6-3  Statutes);
    6-4                    (C)  on land that is owned by:
    6-5                          (i)  this state; or
    6-6                          (ii)  a political subdivision of this
    6-7  state, other than land used as a mass transportation facility that
    6-8  is used by commercial carriers; or
    6-9                    (D)  a location for which a person holds a wine
   6-10  and beer retailer's permit, mixed beverage permit, mixed beverage
   6-11  late hours permit, private club registration permit, or private
   6-12  club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
   6-13  Alcoholic Beverage Code;
   6-14              (5)  has violated this Act or a rule adopted under this
   6-15  Act.
   6-16        SECTION 7.  Section 3.03(d), State Lottery Act (Article 179g,
   6-17  Vernon's Texas Civil Statutes), is amended to read as follows:
   6-18        (d)  To initiate a proceeding to summarily suspend a sales
   6-19  agent's license, the commission <comptroller> must serve notice to
   6-20  the sales agent informing the agent of the right to a preliminary
   6-21  hearing before the commission <comptroller or the comptroller's
   6-22  representative> and of the time and place of the preliminary
   6-23  hearing.  The notice must be personally served on the sales agent
   6-24  or an officer, employee, or agent of the sales agent or sent by
   6-25  certified or registered mail, return receipt requested, to the
    7-1  sales agent's mailing address as it appears on the division's
    7-2  records.  The notice must state the alleged violations that
    7-3  constitute the grounds for summary suspension.  The suspension is
    7-4  effective at the time the notice is served.  If notice is served in
    7-5  person, the sales agent shall immediately surrender the license to
    7-6  the commission <comptroller or to the comptroller's
    7-7  representative>.  If notice is served by mail, the sales agent
    7-8  shall immediately return the license to the commission
    7-9  <comptroller>.  If the sales agent uses an on-line electronic
   7-10  terminal to sell tickets, the director or a lottery operator on the
   7-11  instructions of the director may terminate the connection of the
   7-12  terminal to the division's lottery computer at the time the
   7-13  proceeding to summarily suspend the license is initiated; except
   7-14  that, in the case of a sales agent who is being summarily suspended
   7-15  under Subsection (a)(1) of this section, the director or a lottery
   7-16  operator on the instructions of the director may terminate the
   7-17  connection of the sales agent's terminal to the division's lottery
   7-18  computer at the time the division discovers that the sales agent
   7-19  has failed to deposit money received from ticket sales.
   7-20        SECTION 8.  Sections 3.06(e) and (n), State Lottery Act
   7-21  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   7-22  as follows:
   7-23        (e)  The director may deny an application for a license or
   7-24  the commission <comptroller> may suspend or revoke a license if the
   7-25  applicant or sales agent fails on request to provide a complete
    8-1  legible set of fingerprints of<:>
    8-2              <(1)>  a person required to be named in a license
    8-3  application<; or>
    8-4              <(2)  an employee or other person who works or will
    8-5  work for the applicant or sales agent, if the person:>
    8-6                    <(A)  is or will be involved in the sale of
    8-7  tickets; or>
    8-8                    <(B)  handles or will handle money from the sale
    8-9  of tickets>.
   8-10        (n)  The director may award a contract for lottery supplies
   8-11  or services, including a contract under Section 2.02(g) of this
   8-12  Act, pending the completion of any investigation authorized by this
   8-13  Act.  A contract awarded under this subsection must include a
   8-14  provision permitting the director to terminate the contract without
   8-15  penalty if the investigation reveals that the person to whom the
   8-16  contract is awarded would not be eligible for a sales agent license
   8-17  under Section 3.02 of this Act.  <The director's authority to award
   8-18  a contract under this subsection expires September 1, 1993.  This
   8-19  subsection expires January 1, 1995.>
   8-20        SECTION 9.  Section 4.01, State Lottery Act (Article 179g,
   8-21  Vernon's Texas Civil Statutes), is amended by adding Subsection (c)
   8-22  to read as follows:
   8-23        (c)  A person claiming or attempting to claim a lottery prize
   8-24  or a share of a lottery prize represents that the ticket or other
   8-25  item showing the person to be entitled to such a prize was obtained
    9-1  through lawful means and that the ticket  or item is not stolen,
    9-2  forged, altered, or previously redeemed.
    9-3        SECTION 10.  Section 4.02, State Lottery Act (Article 179g,
    9-4  Vernon's Texas Civil Statutes), is amended to read as follows:
    9-5        Sec. 4.02.  Certain Sales of Tickets Prohibited. (a)  A
    9-6  person commits an offense if the person intentionally or knowingly
    9-7  sells a ticket at a price the person knows is greater than that
    9-8  fixed by the division or by the lottery operator authorized to set
    9-9  that price.  An offense under this subsection is a Class A
   9-10  misdemeanor.
   9-11        (b)  Except as provided by this subsection, a person who is
   9-12  not a sales agent or an employee of a sales agent commits an
   9-13  offense if the person intentionally or knowingly sells a ticket.
   9-14  An offense under this subsection is a felony of the third degree.
   9-15  A lottery operator may sell tickets to a licensed sales agent.  A
   9-16  person who is not a sales agent may distribute tickets as premiums
   9-17  to customers, employees, or other persons who deal with the person
   9-18  if no purchase <or service> is required to entitle the recipient to
   9-19  the ticket.  A qualified organization as defined in section 2(a),
   9-20  Charitable Raffle Enabling Act (Article 179f, Vernon's Texas Civil
   9-21  Statutes), may distribute tickets as a prize in a raffle authorized
   9-22  by the Charitable Raffle Enabling Act.
   9-23        (c)  A person commits an offense if the person sells a ticket
   9-24  at a location other than the location of a sales agency.  An
   9-25  offense under this subsection is a Class A misdemeanor.
   10-1        (d)  A sales agent or an employee of a sales agent commits an
   10-2  offense if that person <may not> intentionally or knowingly sells
   10-3  or offers <sell or> offer to sell a ticket to an individual that
   10-4  the person knows is younger than 18 years of age.  An offense under
   10-5  this Subsection is a Class C misdemeanor.
   10-6        (e)  The following persons may not purchase <A person may not
   10-7  sell>  a ticket or claim, collect, or otherwise receive <pay> a
   10-8  lottery prize or a share of a lottery prize <to another person that
   10-9  the person knows is>:
  10-10              (1)  a member, officer, or employee of a person that
  10-11  has a contract with the division to sell or lease goods or services
  10-12  used in the lottery;
  10-13              (2)  a member, officer, or employee of a lottery
  10-14  operator;
  10-15              (3)  an officer or employee of the commission
  10-16  <comptroller>; or
  10-17              (4)  a spouse, child, brother, sister, or parent
  10-18  residing as a member of the same household in the principal place
  10-19  of residence of a person described by Subdivision (1), (2), or (3)
  10-20  of this subsection.
  10-21        (f)  A person 18 years of age or older may purchase a ticket
  10-22  to give as a gift to another person, including an individual
  10-23  younger than 18 years of age.  If an individual younger than 18
  10-24  years of age directly purchases a ticket or if an individual listed
  10-25  in Subsections (e)(1), (e)(2), (e)(3), or (e)(4) of this section
   11-1  purchases a ticket or attempts to claim, collect, or otherwise
   11-2  receive a lottery prize or a share of a lottery prize, the
   11-3  individual is not eligible to receive a prize or share of a prize,
   11-4  and the prize or share of a prize otherwise payable on the ticket
   11-5  is treated as an unclaimed prize as provided by Section 5.05 of
   11-6  this Act.
   11-7        (g)  A sales agent or an employee of a sales agent commits an
   11-8  offense if the person intentionally or knowingly sells a ticket to
   11-9  another person by extending credit or lending money to the person
  11-10  to enable the person to purchase the ticket.  An offense under this
  11-11  subsection is a Class C misdemeanor.
  11-12        (h)  A person commits an offense if the person <may not
  11-13  purchase> intentionally or knowingly sells a ticket and:
  11-14              (1)  accepts <with> a food stamp coupon issued under
  11-15  the food stamp program administered under Chapter 33, Human
  11-16  Resources Code as payment;
  11-17              (2)  accepts <with> a credit card or a debit card as a
  11-18  source of payment;
  11-19              (3)  the sale is made over the telephone; or
  11-20              (4)  the sale is made by mail-order sales.
  11-21        (i)  A person commits an offense if that person purchases
  11-22  <may not pay for> a ticket with a food stamp coupon issued under
  11-23  the food stamp program under Chapter 33, Human Resources Code, or
  11-24  from the proceeds of a check issued as a payment under the Aid to
  11-25  Families with Dependent Children program administered under Chapter
   12-1  31, Human Resources Code.
   12-2        (j)  An offense under subsection (h) or (i) of this section
   12-3  is a Class C misdemeanor.
   12-4        (k)  A person commits an offense if, for financial gain, the
   12-5  person establishes or promotes a group purchase or pooling
   12-6  arrangement under which tickets are purchased and any prizes are
   12-7  divided among multiple purchasers of a winning ticket, and that
   12-8  person intentionally or knowingly:
   12-9              (1)  uses any part of the funds solicited for other
  12-10  than the purchase of tickets on behalf of the group or pool; or
  12-11              (2)  retains a share of any prize awarded as
  12-12  compensation for establishing or promoting the group purchase or
  12-13  pooling arrangement.
  12-14        (l)  An offense under subsection (k) of this section is a
  12-15  felony of the third degree.
  12-16        SECTION 11.  Section 4.03(d), State Lottery Act (Article
  12-17  179g, Vernon's Texas Civil Statutes), is amended to read as
  12-18  follows:
  12-19        (d)  In this section, "claim" means any attempt, successful
  12-20  or unsuccessful, to claim a lottery prize.  An offense under
  12-21  Subsection (c) of this section is a Class A misdemeanor unless it
  12-22  is shown on the trial of the offense that:
  12-23              (1)  the amount claimed <or attempted to be claimed> is
  12-24  greater than $200 but not more than $10,000, in which event the
  12-25  offense is a felony of the third degree;
   13-1              (2)  the amount claimed <or attempted to be claimed> is
   13-2  greater than $10,000, in which event the offense is a felony of the
   13-3  second degree; or
   13-4              (3)  the person has previously been convicted of an
   13-5  offense under this section, in which event the offense is a felony
   13-6  of the third degree, unless the offense is designated as a felony
   13-7  of the second degree under Subdivision (2) of this subsection.
   13-8        SECTION 12.  Section 4.045(a), State Lottery Act (Article
   13-9  179g, Vernon's Texas Civil Statutes), is amended to read as
  13-10  follows:
  13-11        (a)  A person commits an offense if the person intentionally
  13-12  or<,> knowingly<, recklessly, or with criminal negligence> makes a
  13-13  material and false, incorrect, or deceptive statement to a person
  13-14  conducting an investigation or exercising discretion under this Act
  13-15  of a rule adopted under this Act.
  13-16        SECTION 13.  Article 4, State Lottery Act (Article 179g,
  13-17  Vernon's Texas Civil Statutes), is amended by adding Section 4.07
  13-18  to read as follows:
  13-19        Sec. 4.07.  AGGREGATION OF OFFENSES.  When amounts are
  13-20  claimed, attempted to be claimed, or otherwise obtained in
  13-21  violation of this Act pursuant to one scheme or continuing course
  13-22  of conduct, whether from the same or several sources, the conduct
  13-23  may be considered as one offense and the amounts aggregated in
  13-24  determining the grade of the offense.
  13-25        SECTION 14.  Sections 5.02(b), (h) and (j), State Lottery Act
   14-1  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   14-2  as follows:
   14-3        (b)  Money in the state lottery account shall be used only
   14-4  for the following purposes and shall be distributed as follows:
   14-5              (1)  the payment of prizes to the holders of winning
   14-6  tickets;
   14-7              (2)  the payment of costs incurred in the operation and
   14-8  administration of the lottery, including any fees received by a
   14-9  lottery operator, provided that the costs incurred in a fiscal
  14-10  biennium may not exceed an amount equal to 15 percent of the gross
  14-11  revenue accruing from the sale of tickets in that biennium;
  14-12              (3)  the establishment of a pooled bond fund, lottery
  14-13  prize reserve fund, unclaimed prize fund, and prize payment
  14-14  account;
  14-15              (4)  the transfer of amounts to the state lottery
  14-16  stabilization fund as provided by Subsection (c), (d), and (e) of
  14-17  this section; and
  14-18              (5) <(4)>  the balance, after creation of a reserve
  14-19  sufficient to pay the amounts needed or estimated to be needed
  14-20  under <provided by>  Subdivisions (1), (2), and (3) <(2)> of this
  14-21  subsection, to be transferred to the unobligated portion of the
  14-22  general revenue fund, on or before the 15th day of each month.
  14-23        (h)  In this section:
  14-24              (1)  "Annual estimate of net lottery revenue" means the
  14-25  estimated amount of net lottery revenue for a fiscal year, as
   15-1  determined by the comptroller for purposes of the biennial revenue
   15-2  estimate required by Article III, Section 49a, of the Texas
   15-3  Constitution.
   15-4              (2)  "Gross lottery revenue" means the sum of:
   15-5                    (A)  the gross revenue from the sale of tickets;
   15-6  and
   15-7                    (B)  license and application fees collected under
   15-8  this Act.
   15-9              (3)  "Monthly estimate of net lottery revenue" means an
  15-10  amount equal to one-twelfth the annual estimate of net lottery
  15-11  revenue for the fiscal year that includes the month for which the
  15-12  monthly estimate is made.
  15-13              (4)  "Net lottery revenue" means the gross lottery
  15-14  revenue minus the amounts distributed or obligated for a purpose
  15-15  described by Subsections (b)(1) through (b)(3) <and (b)(2)> of this
  15-16  section.
  15-17        (j)  Notwithstanding Subsection (b)(5) <(b)(4)> and
  15-18  Subsection (d) of this section, the initial transfer of revenue
  15-19  from the state lottery account to the unobligated portion of the
  15-20  general revenue fund and the state lottery stabilization fund under
  15-21  those subsections shall be made on the 15th day of the month
  15-22  following the month in which the earlier of the following occurs:
  15-23              (1)  the first ticket is sold to a player under this
  15-24  Act; or
  15-25              (2)  the director receives liquidated damages or a
   16-1  payment under a performance bond under a contract with a lottery
   16-2  operator.
   16-3        SECTION 15.  Sections 5.03(j) and (l), State Lottery Act
   16-4  (Article 179g, Vernon's Texas Civil Statutes), are amended to read
   16-5  as follows:
   16-6        (j)  The director shall deduct the amount of a delinquent tax
   16-7  or other money from the winnings of a person who has been finally
   16-8  determined to be:
   16-9              (1)  delinquent in the payment of a tax or other money
  16-10  collected by the comptroller, the state treasurer, or the Texas
  16-11  Alcoholic Beverage Commission;
  16-12              (2)  delinquent in making child support payments
  16-13  administered or collected by the attorney general; <or>
  16-14              (3)  in default on a loan guaranteed under Chapter 57,
  16-15  Education Code; or
  16-16              (4)  in default on a loan made under Chapter 52,
  16-17  Education Code.
  16-18        (l)  The attorney general, comptroller, state treasurer,
  16-19  Texas Alcoholic Beverage Commission, Texas Higher Education
  16-20  Coordinating Board,  and Texas Guaranteed Student Loan Corporation
  16-21  shall each provide the director with a report of persons who have
  16-22  been finally determined to be delinquent in the payment of a tax or
  16-23  other money collected by the agency.  The commission <comptroller>
  16-24  shall adopt rules regarding the form and frequency of reports under
  16-25  this subsection.
   17-1        SECTION 16.  This Act takes effect January 1, 1994.
   17-2        SECTION 17.  The importance of this legislation and the
   17-3  crowded condition of the calendars in both houses create an
   17-4  emergency and an imperative public necessity that the
   17-5  constitutional rule requiring bills to be read on three several
   17-6  days in each house be suspended, and this rule is hereby suspended,
   17-7  and that this Act take effect and be in force according to its
   17-8  terms, and it is so enacted.