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.