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.