BILL ANALYSIS



H.B. 3031
By: Goolsby
4-11-95
Committee Report (Unamended)


BACKGROUND

Under current law, the Texas Lottery Commission is restricted by
statute regarding who they may authorize to sell lottery tickets. 
One of these statutory restrictions states that the Commission may
not license a person who intends to sell tickets on land owned by
the state or a political subdivision of the state.  The intention
of this restriction is necessary to prevent the sale of these
ticket at public schools, for example.  However, this same
restriction prevents the Commission from authorizing a person who
may wish to sell at state sponsored recreational activities and
events, like the Texas State Fair, where it may be appropriate to
sell lottery tickets.


PURPOSE

HB 3031 would allow for the sale of lottery tickets on land owned
by the state, or a political subdivision of the state with certain
restrictions.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 466.155(a).  

Prohibits the authorization of a ticket agent who is an officer, or
employee of the commission or a lottery operator, or a relative of
an operator, or to a person who intends to have a primary sales
location on land owned by a political subdivision of the state on
which a public school, institution of higher education or a state
agency is located.  The language deleted refers to the exemption of
land used as a mass transportation facility used by commercial
carriers.  This previous exemption would also be included in the
amended language.

SECTION 2:  In addition to the changes regarding location of
lottery ticket sales in this bill, the other language conforms to
the Government Code provisions regarding the changes made by the
73rd Legislature, 1993.

SECTION 3:  Effective date:  September 1, 1995.

SECTION 4: Lottery tickets sold before the effective date are
governed by law in effect at time of sale.

SECTION 5:  Emergency Clause

SUMMARY OF COMMITTEE ACTION

HB 3031 was heard in a Public Hearing on April 5, 1995.  The Chair
recognized the following persons to testify in favor of the bill:
     Ms. Mozell Richie, Proprietor, Gifts From the Sea;
The Chair recognized the following person to testify as a Resource
Witness, registering neutral on the bill:
     Ms. Nora Linares, Exec. Dir., Texas Lottery Commission;
HB 3031 was left pending in committee.  There was no objection.  HB
3031 was heard in a Public Hearing on April 11, 1995.  The Chair
called up HB 3031 which was pending in committee.  There was no
objection.  Rep. Goolsby moved that the full committee adopt HB
3031, and that it be reported favorably to the full House with the
recommendation that it do pass and be printed, and placed on the
Local and Consent Calendar.  The motion prevailed by the following
vote:  AYES:  6, NAYS:  0, ABSENT:  3.