BILL ANALYSIS



S.B. 1330
By: Nelson (Kubiak)
5-3-95
Committee Report (Unamended)


BACKGROUND

In February, the National Indian Gaming Commission approved a
contact between the Idaho-based Coeur d'Alene tribe and Denver-based Unistar Entertainment, Inc. to develop and conduct a national
Indian lotto game under the provisions of the Federal Indian Gaming
Regulatory Act of 1988.  The $5 minimum purchase lotto game will be
accessed via a 1-800 telephone number, open 24 hours a day, year
round.  Players will also be allowed to access the lottery via mail
order.

Currently, a person may not purchase a ticket for the state lottery
through the use of a credit card or a debit card, over the
telephone, or by mail-order sales.  In addition, tickets may only
be sold by sales agents licensed by the state lottery.


PURPOSE

S.B. 1330 prohibits the sale in this state of certain lottery
tickets of another state or state government or an Indian tribe or
tribal government; provides a criminal penalty.


RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 466G, Government Code, by adding Section
466.317, as follows:

     Sec. 466.317.  PROHIBITION AGAINST SALE OF CERTAIN LOTTERY
     TICKETS.  (a) Prohibits a person from selling in this state
     any interest in a lottery of another state or state government
     or an Indian tribe or tribal government, except as provided by
     Subsection (b).
     
     (b) Authorizes the state to enter into a compact with
       another state or state government or an Indian tribe or
       tribal government to permit the sale of lottery tickets of
       this state in the state's, tribe's, or government's
       jurisdiction and to allow the sale of the state's tribe's or
       government's lottery tickets in this state..
       
       (c) Provides that a person commits a Class A misdemeanor
       offense if the person violates this section.
     SECTION 2.     Makes application of this Act prospective.

SECTION 3. Emergency clause.
           Effective date: upon passage.





SUMMARY OF COMMITTEE ACTION

SB 1330 was heard in a Public Hearing on May 3, 1995.  The Chair
laid out SB 1330, and recognized the House Sponsor, Vice-Chairman
Kubiak to explain the bill.  The Chair recognized members for
questions.  The Chair recognized Rep. Kubiak to close.  Rep.
Yarbrough moved that the full committee adopt SB 1330, 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: 7,
NAYS: 0, ABSENT: 2.