H.B. No. 3031
1-1 AN ACT
1-2 relating to authorized locations for the sale of lottery tickets or
1-3 other lottery interests; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 466.155(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) After a hearing, the director shall deny an application
1-8 for a license or the commission <comptroller> shall suspend or
1-9 revoke a license if the director or commission <comptroller>, as
1-10 applicable, finds that the applicant or sales agent:
1-11 (1) is an individual who:
1-12 (A) has been convicted of a felony, criminal
1-13 fraud, gambling or a gambling-related offense, or a misdemeanor
1-14 involving moral turpitude, if less than 10 years has elapsed since
1-15 the termination of the sentence, parole, mandatory supervision, or
1-16 probation served for the offense;
1-17 (B) is or has been a professional gambler; <or>
1-18 (C) is married to <or related in the first
1-19 degree of consanguinity or affinity to> an individual:
1-20 (i) described in Paragraph (A) or (B); or
1-21 (ii) who is currently delinquent in the
1-22 payment of any state tax;
1-23 (D) is an officer or employee of the commission
1-24 or a lottery operator; or
2-1 (E) is a spouse, child, brother, sister, or
2-2 parent residing as a member of the same household in the principal
2-3 place of residence of a person described by Paragraph (D);
2-4 (2) is not an individual, and an individual described
2-5 in Subdivision (1):
2-6 (A) is an officer or director of the applicant
2-7 or sales agent;
2-8 (B) holds more than 10 percent of the stock in
2-9 the applicant or sales agent;
2-10 (C) holds an equitable interest greater than 10
2-11 percent in the applicant or sales agent;
2-12 (D) is a creditor of the applicant or sales
2-13 agent who holds more than 10 percent of the applicant's or sales
2-14 agent's outstanding debt;
2-15 (E) is the owner or lessee of a business that
2-16 the applicant or sales agent conducts or through which the
2-17 applicant will conduct a ticket sales agency;
2-18 (F) shares or will share in the profits, other
2-19 than stock dividends, of the applicant or sales agent; or
2-20 (G) participates in managing the affairs of the
2-21 applicant or sales agent; <or>
2-22 <(H) is an employee of the applicant or sales
2-23 agent who is or will be involved in:>
2-24 <(i) selling tickets; or>
2-25 <(ii) handling money from the sale of
2-26 tickets;>
2-27 (3) is currently delinquent in the payment of any
3-1 state tax;
3-2 (4) is a person whose location for the sales agency
3-3 is:
3-4 (A) a racetrack at which wagering is authorized
3-5 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
3-6 Statutes);
3-7 (B) a location licensed for games of bingo under
3-8 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
3-9 Statutes);
3-10 (C) on land that is owned by:
3-11 (i) this state; or
3-12 (ii) a political subdivision of this state
3-13 and on which is located a public primary or secondary school, an
3-14 institution of higher education, or an agency of the state<, other
3-15 than land used as a mass transportation facility that is used by
3-16 commercial carriers>; or
3-17 (D) a location for which a person holds a wine
3-18 and beer retailer's permit, mixed beverage permit, mixed beverage
3-19 late hours permit, private club registration permit, or private
3-20 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
3-21 Alcoholic Beverage Code; or
3-22 (5) has violated this chapter or a rule adopted under
3-23 this chapter.
3-24 SECTION 2. Subchapter G, Chapter 466, Government Code, is
3-25 amended by adding Section 466.317 to read as follows:
3-26 Sec. 466.317. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY
3-27 TICKETS. (a) Except as permitted by a compact entered into under
4-1 Subsection (b), a person may not sell or offer for sale in this
4-2 state any interest in a lottery of another state or state
4-3 government or an Indian tribe or tribal government, including an
4-4 interest in an actual lottery ticket, receipt, contingent promise
4-5 to pay, order to purchase, or other record of the interest.
4-6 (b) The state may enter into a compact with another state or
4-7 state government or an Indian tribe or tribal government to permit
4-8 the sale of lottery tickets of this state in the state's, tribe's,
4-9 or government's jurisdiction and to allow the sale of the state's,
4-10 tribe's, or government's lottery tickets in this state.
4-11 (c) A person commits an offense if the person violates this
4-12 section. An offense under this section is a Class A misdemeanor.
4-13 SECTION 3. (a) The change in law made by this Act applies
4-14 only to an offense committed on or after the effective date of this
4-15 Act. For the purposes of this section, an offense is committed
4-16 before the effective date of this Act if any element of the offense
4-17 occurs before that date.
4-18 (b) An offense committed before the effective date of this
4-19 Act is covered by the law in effect when the offense was committed,
4-20 and the former law is continued in effect for that purpose.
4-21 SECTION 4. (a) In addition to the changes in law made by
4-22 this Act relating to authorized locations for the sale of lottery
4-23 tickets, this Act conforms the Government Code provisions regarding
4-24 the disciplinary authority of the Texas Lottery Commission to the
4-25 changes in law made by Section 16 of Chapter 284, Acts of the 73rd
4-26 Legislature, Regular Session, 1993.
4-27 (b) Section 16, Chapter 284, Acts of the 73rd Legislature,
5-1 Regular Session, 1993, is repealed.
5-2 SECTION 5. This Act takes effect September 1, 1995.
5-3 SECTION 6. Section 466.155(a), Government Code, as amended
5-4 by this Act, applies only to the sale of a lottery ticket that
5-5 occurs on or after the effective date of this Act. The sale of a
5-6 lottery ticket that occurs before the effective date of this Act is
5-7 governed by the law in effect on the date of the sale, and the
5-8 former law is continued in effect for that purpose.
5-9 SECTION 7. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.