By Johnson                                            H.B. No. 1007
       74R3971 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to assignments of lottery prizes to the state by a person
    1-3  that owes criminal court costs, fines, or other fees or
    1-4  court-ordered restitution and collection of those assignments.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter I, Chapter 466, Government Code, is
    1-7  amended by adding Section 466.4075 to read as follows:
    1-8        Sec. 466.4075.  ASSIGNMENT OF RIGHT TO LOTTERY PRIZE.  (a)
    1-9  When a conviction is affirmed by an appellate court having
   1-10  jurisdiction of the appeal or time has lapsed for the filing of an
   1-11  appeal in the last court capable of hearing an appeal, the filing
   1-12  of a judgment under Article 42.01, Code of Criminal Procedure,
   1-13  constitutes an assignment:
   1-14              (1)  to the state of any rights to a lottery prize that
   1-15  the person convicted may have; and
   1-16              (2)  in the aggregated amount of the money required to
   1-17  be paid by the person in the judgment for fines, court costs, court
   1-18  fees, or restitution.
   1-19        (b)  The director shall deduct the unpaid amount of the
   1-20  assignment under Subsection (a) from the winnings of the person and
   1-21  shall pay any amount deducted to other persons in the manner and in
   1-22  the amounts described in the judgment.
   1-23        (c)  If the person's winnings exceed a deduction under
   1-24  Subsection (b), the director shall pay the balance to the person.
    2-1        (d)  The clerk of each court shall report to the director any
    2-2  information necessary for the deduction of the amount of an
    2-3  assignment made under this section.  The commission shall adopt
    2-4  rules regarding the form and frequency of reports under this
    2-5  subsection.
    2-6        (e)  In this section, a person is considered to have been
    2-7  convicted in a case if:
    2-8              (1)  a sentence is imposed;
    2-9              (2)  the defendant receives community supervision or
   2-10  deferred adjudication; or
   2-11              (3)  the court defers final disposition of the case.
   2-12        SECTION 2.  This Act takes effect September 1, 1995, and
   2-13  applies to a conviction entered on or after that date and lottery
   2-14  prizes won on or after that date.  A conviction occurring before
   2-15  that date and lottery prizes won before that date are governed by
   2-16  the law in effect on the date of the conviction or on which the
   2-17  lottery prizes are won, and the former law is continued in effect
   2-18  for that purpose.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.