BILL ANALYSIS


                                                        H.B. 3031
                                           By: Goolsby (Montford)
                                                    State Affairs
                                                          5-22-95
                                Senate Committee Report (Amended)
BACKGROUND

The Texas Lottery Commission (commission) is restricted by statute
regarding who it 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 to prevent the sale of these tickets at public
schools, for example.  However, this also 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

As proposed, H.B. 3031 authorizes the sale of lottery tickets on
land owned by the state or a political subdivision of the state
with certain restrictions; conforms the Government Code provisions
regarding the disciplinary authority of the commission to the
changes in law made by
the 73rd Legislature.

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), Government Code, as follows:

     (a)(1) Requires the Texas Lottery Commission (commission),
     rather than the comptroller, to suspend or revoke a license to
     sell lottery tickets if the commission finds that the
     applicant or sales agent is an officer or employee of the
     commission or a lottery operator or is a spouse, child,
     brother, sister, or parent residing as a member of the same
     household in the principal place of residence of a person who
     is an officer or employee of the commission or a lottery
     operator, among other individuals.
     
     (2) Deletes a provision requiring the commission to suspend
       or revoke a license if the applicant is not an individual,
       and an individual described by Subdivision (1) is an
       employee of the applicant or sales agent who will be
       involved in selling tickets or handling money from the sale
       of tickets.
       
       (3) Makes no changes.
       
       (4) Requires the commission to suspend or revoke a license
       if the applicant or sales agent is a person whose location
       for the sales agency is a political subdivision of this
       state and on which is located a public primary or secondary
       school, an institution of higher education, or an agency of
       the state, rather than excluding only land used as a mass
       transportation facility used by commercial carriers, or on
       the premises of Fair Park located within the City of Dallas.
       
       (5) Makes no changes.
SECTION 2. (a) Provides that this Act conforms the Government Code
provisions regarding the disciplinary authority of the commission
to the changes in law made by Section 16 of Chapter 284, Acts of
the 73rd Legislature, Regular Session, 1993.

     (b) Repealer:  Section 16, Chapter 284, Acts of the 73rd
     Legislature, Regular Session, 1993 (relating to the denial or
     revocation of license to sell lottery tickets).
SECTION 3. Effective date: September 1, 1995.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Emergency clause.