By Hill H.B. No. 746
74R1022 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assistance to school districts at or below the
1-3 equalized wealth level through the creation of an equalization
1-4 account funded by unclaimed lottery prizes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 20, Education Code, is amended by adding
1-7 Subchapter G to read as follows:
1-8 SUBCHAPTER G. EQUALIZATION PROGRAM
1-9 Sec. 20.951. EQUALIZATION PROGRAM; SCHOOL DISTRICT
1-10 ELIGIBILITY. (a) The commissioner of education shall administer
1-11 the equalization program as provided by this subchapter and rules
1-12 adopted by the State Board of Education.
1-13 (b) A school district is eligible to participate in the
1-14 equalization program if the district has not been notified under
1-15 Section 36.004 that the wealth per student of the district exceeds
1-16 the equalized wealth level.
1-17 Sec. 20.952. EQUALIZATION ACCOUNT. (a) The equalization
1-18 account is in the general revenue fund.
1-19 (b) The account consists of:
1-20 (1) money transferred from the state lottery account
1-21 as provided by Section 466.3551, Government Code;
1-22 (2) gifts and grants received by the Central Education
1-23 Agency from any source for facilities; and
1-24 (3) interest earned on money in the account.
2-1 (c) The account may be used only by a school district for
2-2 costs associated with classroom instruction.
2-3 Sec. 20.953. DISTRIBUTION OF EQUALIZATION ACCOUNT. Not
2-4 later than April 30, the commissioner of education shall distribute
2-5 equally the funds in the equalization account to each school
2-6 district eligible under Section 20.951(b).
2-7 SECTION 2. Section 466.355(b), Government Code, as amended
2-8 by Section 1, Chapter 25, and Section 27, Chapter 284, Acts of the
2-9 73rd Legislature, Regular Session, 1993, is amended to read as
2-10 follows:
2-11 (b) Money in the state lottery account may be used only for
2-12 the following purposes and shall be distributed as follows:
2-13 (1) the payment of prizes to the holders of winning
2-14 tickets;
2-15 (2) the payment of costs incurred in the operation and
2-16 administration of the lottery, including any fees received by a
2-17 lottery operator, provided that the costs incurred in a fiscal
2-18 biennium may not exceed an amount equal to 15 percent of the gross
2-19 revenue accruing from the sale of tickets in that biennium;
2-20 (3) the establishment of a pooled bond fund, lottery
2-21 prize reserve fund, unclaimed prize fund, and prize payment
2-22 account;
2-23 (4) the transfer of amounts to the equalization
2-24 account <state lottery stabilization fund> as provided by Section
2-25 466.3551 <466.356>; and
2-26 (5) <(4)> the balance, after creation of a reserve
2-27 sufficient to pay the amounts needed or estimated to be needed
3-1 under <provided by> Subdivisions (1) through (4) <and (2)>, to be
3-2 transferred to the unobligated portion of the general revenue fund,
3-3 on or before the 15th day of each month.
3-4 SECTION 3. Chapter 466, Government Code, is amended by
3-5 adding Section 466.3551 to read as follows:
3-6 Sec. 466.3551. TRANSFERS TO EQUALIZATION ACCOUNT. On the
3-7 15th day of each month, the comptroller shall transfer to the
3-8 equalization account established under Section 20.952, Education
3-9 Code, an amount equal to 100 percent of the unclaimed prize fund
3-10 from the preceding month.
3-11 SECTION 4. Section 466.356, Government Code, is repealed to
3-12 conform to Section 2, Chapter 25, Acts of the 73rd Legislature,
3-13 Regular Session, 1993.
3-14 SECTION 5. Section 466.408(b), Government Code, is amended
3-15 to read as follows:
3-16 (b) If a claim is not made for prize money on or before the
3-17 180th day after the date on which the winner was selected, the
3-18 prize money shall be used <to provide additional money to the state
3-19 lottery account> for the purposes prescribed by Sections
3-20 466.355(b)(4) and 466.3551 <Section 466.355(b)(1)>.
3-21 SECTION 6. This Act takes effect September 1, 1995.
3-22 SECTION 7. Section 466.355, Government Code, as amended by
3-23 this Act, Section 466.3551, Government Code, as added by this Act,
3-24 and Section 466.408, Government Code, as amended by this Act apply
3-25 only to revenue from the sale of a lottery ticket that occurs on or
3-26 after the effective date of this Act. Revenue from the sale of a
3-27 lottery ticket that occurs before the effective date of this Act is
4-1 governed by the law in effect on the date of the sale, and the
4-2 former law is continued in effect for that purpose.
4-3 SECTION 8. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.