By Wilson H.B. No. 1052
74R4189 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale, resale, and purchase of lottery tickets and
1-3 the validation of certain transactions involving the sale, resale,
1-4 or purchase of certain lottery tickets.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 466, Government Code, is
1-7 amended by adding Section 466.1515 to read as follows:
1-8 Sec. 466.1515. OUT-OF-STATE SALES AGENT. (a) The executive
1-9 director shall authorize and license an out-of-state sales agent to
1-10 purchase and resell tickets.
1-11 (b) The holder of an out-of-state sales agent license may:
1-12 (1) purchase a ticket from an authorized sales agent
1-13 located in this state;
1-14 (2) transport or deliver the ticket to another state;
1-15 and
1-16 (3) resell the ticket to another person at a price
1-17 greater than the fixed price.
1-18 (c) The commission may adopt rules, in addition to any other
1-19 rules for the application for a license or the conduct of a license
1-20 holder, regulating the activities of an out-of-state sales agent,
1-21 including reporting requirements or maximum fees that may be
1-22 charged by the agent in reselling a ticket.
1-23 SECTION 2. Subchapter G, Chapter 466, Government Code, is
1-24 amended by adding Section 466.3045 to read as follows:
2-1 Sec. 466.3045. DEFENSE TO CERTAIN PROSECUTIONS. It is a
2-2 defense to prosecution under Sections 466.302, 466.303, and 466.304
2-3 that the conduct was authorized under Section 466.1515.
2-4 SECTION 3. Subchapter I, Chapter 466, Government Code, is
2-5 amended by adding Section 466.409 to read as follows:
2-6 Sec. 466.409. PAYMENT OF CERTAIN PRIZES. (a) This section
2-7 may be referred to as the "Texas Our Word is Our Bond Act."
2-8 (b) This section applies only to a person who purchased a
2-9 lottery ticket before January 1, 1995:
2-10 (1) from a person other than an authorized sales agent
2-11 or from a person who purchased the ticket originally from an
2-12 authorized sales agent;
2-13 (2) from a location other than the location of a sales
2-14 agency;
2-15 (3) and who paid a sum of money, including any fees
2-16 charged by the person who sold the ticket, greater than the amount
2-17 fixed by the commission or by the lottery operator authorized to
2-18 set that price; and
2-19 (4) and who acted in good faith, purchasing a ticket
2-20 for valuable consideration, from a person who represented that a
2-21 ticket could be legally purchased.
2-22 (c) The director shall pay to a person who presents a ticket
2-23 not later than the first anniversary of the date of purchase that
2-24 is subsequently validated by the department of security as a
2-25 winning lottery ticket. A previous determination by the director
2-26 or the commission that the person was not entitled to payment
2-27 because of a violation of a statute or rule of the commission does
3-1 not bar the presentation of the ticket or payment of a prize under
3-2 this section.
3-3 (d) It is the intent of the legislature that a person who,
3-4 in good faith and for valuable consideration, purchases a lottery
3-5 ticket from a person who represents that a ticket could be legally
3-6 purchased is entitled to receive a lottery prize if the ticket is
3-7 validated by the department of security of the commission as a
3-8 winning lottery ticket.
3-9 SECTION 4. (a) The change in law made by this Act by the
3-10 addition of Section 466.3045, Government Code, applies only to an
3-11 offense committed on or after the effective date of this Act. For
3-12 the purposes of this section, an offense is committed before the
3-13 effective date of this Act if any element of the offense occurs
3-14 before that date.
3-15 (b) An offense committed before the effective date of this
3-16 Act is covered by the law in effect when the offense was committed,
3-17 and the former law is continued in effect for that purpose.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.