By Hunter of Nueces H.B. No. 2992
74R5395 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas Lottery Commission to create
1-3 a lottery game with revenue dedicated to public education; making
1-4 an appropriation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 466, Government Code, is
1-7 amended by adding Section 466.026 to read as follows:
1-8 Sec. 466.026. CREATION OF GAME TO BENEFIT PUBLIC EDUCATION.
1-9 (a) The commission may create a lottery game to benefit public
1-10 education.
1-11 (b) The commission shall adopt rules to compute the net
1-12 revenue of a lottery game created under this section and to provide
1-13 for the allocation of a portion of general lottery administrative
1-14 costs to a game created under this section.
1-15 (c) A ticket, promotion, or advertisement for a game created
1-16 under this section must include a statement that the net revenue
1-17 from the game is used to benefit public education.
1-18 SECTION 2. Section 466.355(b), Government Code, is amended
1-19 to read as follows:
1-20 (b) Money in the state lottery account may be used only for
1-21 the following purposes and shall be distributed as follows:
1-22 (1) the payment of prizes to the holders of winning
1-23 tickets;
1-24 (2) the payment of costs incurred in the operation and
2-1 administration of the lottery, including any fees received by a
2-2 lottery operator, provided that the costs incurred in a fiscal
2-3 biennium may not exceed an amount equal to 15 percent of the gross
2-4 revenue accruing from the sale of tickets in that biennium;
2-5 (3) the establishment of a pooled bond fund, lottery
2-6 prize reserve fund, unclaimed prize fund, and prize payment account
2-7 <transfer of amounts to the state lottery stabilization fund as
2-8 provided by Section 466.356>;
2-9 (4) the transfer of amounts to the foundation school
2-10 fund as provided by Section 466.3551; and
2-11 (5) <(4)> the balance, after creation of a reserve
2-12 sufficient to pay the amounts needed or estimated to be needed
2-13 under <provided by> Subdivisions (1) through (4) <and (2)>, to be
2-14 transferred to the unobligated portion of the general revenue fund,
2-15 on or before the 15th day of each month.
2-16 SECTION 3. Subchapter H, Chapter 466, Government Code, is
2-17 amended by adding Section 466.3551 to read as follows:
2-18 Sec. 466.3551. TRANSFER OF REVENUE TO FOUNDATION SCHOOL
2-19 FUND. Not later than the 10th day of each month, the commission
2-20 shall certify to the comptroller the net revenue received in the
2-21 preceding month from each lottery game created under Section
2-22 466.026. Not later than the 15th day of each month, the
2-23 comptroller shall transfer the amount certified under this section
2-24 to the foundation school fund.
2-25 SECTION 4. Section 466.356, Government Code, is repealed.
2-26 SECTION 5. (a) In addition to the changes in law made by
2-27 this Act relating to the dedication of lottery revenue to the
3-1 foundation school fund, this Act conforms the provisions of the
3-2 Government Code regarding the use of lottery revenue to changes in
3-3 law made by Sections 1 and 2, Chapter 25, and Sections 27 and 28,
3-4 Chapter 284, Acts of the 73rd Legislature, Regular Session, 1993.
3-5 (b) Sections 1 and 2, Chapter 25, and Sections 27 and 28,
3-6 Chapter 284, Acts of the 73rd Legislature, Regular Session, 1993,
3-7 are repealed.
3-8 (c) To the extent of any conflict, this Act prevails over
3-9 another Act of the 74th Legislature, Regular Session, 1995,
3-10 relating to nonsubstantive additions to and corrections in enacted
3-11 codes.
3-12 (d) In addition to amounts previously appropriated for the
3-13 current fiscal biennium, the net revenue from each lottery game
3-14 created under Section 466.026, Government Code, as added by this
3-15 Act, is appropriated, for the period ending August 31, 1997, to the
3-16 Central Education Agency for formula funding to school districts
3-17 under Chapter 16, Education Code.
3-18 SECTION 6. Section 466.355, Government Code, as amended by
3-19 this Act, applies only to revenue from the sale of a lottery ticket
3-20 that occurs on or after the effective date of this Act. Revenue
3-21 from the sale of a lottery ticket that occurs before the effective
3-22 date of this Act is governed by the law in effect on the date of
3-23 the sale, and the former law is continued in effect for that
3-24 purpose.
3-25 SECTION 7. This Act takes effect September 1, 1995.
3-26 SECTION 8. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.