By Swinford H.B. No. 1734
74R6533 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dedication of net lottery revenues to the county
1-3 assistance fund and general revenue fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 466.355(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) Money in the state lottery account may be used only for
1-8 the following purposes and shall be distributed as follows:
1-9 (1) the payment of prizes to the holders of winning
1-10 tickets;
1-11 (2) the payment of costs incurred in the operation and
1-12 administration of the lottery, including any fees received by a
1-13 lottery operator, provided that the costs incurred in a fiscal
1-14 biennium may not exceed an amount equal to 15 percent of the gross
1-15 revenue accruing from the sale of tickets in that biennium;
1-16 (3) the establishment of a pooled bond fund, lottery
1-17 prize reserve fund, unclaimed prize fund, and prize payment account
1-18 <transfer of amounts to the state lottery stabilization fund as
1-19 provided by Section 466.356>; and
1-20 (4) the balance, after creation of a reserve
1-21 sufficient to pay the amounts needed or estimated to be needed
1-22 under <provided by> Subdivisions (1) through (3) <and (2)>, to be
1-23 transferred on or before the 15th day of each month as follows:
1-24 (A) 98 percent of the balance to the unobligated
2-1 portion of the general revenue fund; and
2-2 (B) 2 percent of the balance to the county
2-3 assistance fund established under Section 130.909, Local Government
2-4 Code<, on or before the 15th day of each month>.
2-5 SECTION 2. Subchapter Z, Chapter 130, Local Government Code,
2-6 is amended by adding Section 130.909 to read as follows:
2-7 Sec. 130.909. COUNTY ASSISTANCE FUND. (a) The county
2-8 assistance fund is in the general revenue fund.
2-9 (b) The county assistance fund consists of:
2-10 (1) money transferred from the state lottery account
2-11 as provided by Section 466.355, Government Code; and
2-12 (2) interest earned on the money in the fund.
2-13 (c) The money from the fund may be used by a county for any
2-14 purpose authorized by the commissioners court of the county.
2-15 (d) Not later than August 31 of each year, the comptroller
2-16 shall distribute the money credited to the county assistance fund
2-17 to the counties. The amount distributed to each county is computed
2-18 by dividing the total dollar amount of lottery tickets sold in the
2-19 county during that fiscal year ending on the date on which the
2-20 computation is made by the total dollar amount of all lottery
2-21 tickets sold in the state during that period and multiplying the
2-22 result by the amount credited to the county assistance fund.
2-23 SECTION 3. Section 466.356, Government Code, is repealed.
2-24 SECTION 4. (a) In addition to the changes in law made by
2-25 this Act relating to the dedication of lottery revenue to the
2-26 county assistance fund, this Act conforms the Government Code
2-27 provisions regarding the use of lottery revenue to the changes in
3-1 law made by Sections 1 and 2 of Chapter 25 and Section 27 of
3-2 Chapter 284, Acts of the 73rd Legislature, Regular Session, 1993.
3-3 (b) Sections 1 and 2 of Chapter 25 and Section 27 of Chapter
3-4 284, Acts of the 73rd Legislature, Regular Session, 1993, are
3-5 repealed.
3-6 (c) To the extent of any conflict, this Act prevails over
3-7 another Act of the 74th Legislature, Regular Session, 1995,
3-8 relating to nonsubstantive additions to and corrections in enacted
3-9 codes.
3-10 SECTION 5. This Act takes effect September 1, 1995.
3-11 SECTION 6. Section 466.355(b), Government Code, as amended
3-12 by this Act, applies only to revenue from the sale of a lottery
3-13 ticket that occurs on or after the effective date of this Act.
3-14 Revenue from the sale of a lottery ticket that occurs before the
3-15 effective date of this Act is governed by the law in effect on the
3-16 date of the sale, and the former law is continued in effect for
3-17 that purpose.
3-18 SECTION 7. 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.