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.