By Goolsby H.B. No. 3031
74R8060 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorized locations for the sale of lottery tickets.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 466.155(a), Government Code, is amended
1-5 to read as follows:
1-6 (a) After a hearing, the director shall deny an application
1-7 for a license or the commission <comptroller> shall suspend or
1-8 revoke a license if the director or commission <comptroller>, as
1-9 applicable, finds that the applicant or sales agent:
1-10 (1) is an individual who:
1-11 (A) has been convicted of a felony, criminal
1-12 fraud, gambling or a gambling-related offense, or a misdemeanor
1-13 involving moral turpitude, if less than 10 years has elapsed since
1-14 the termination of the sentence, parole, mandatory supervision, or
1-15 probation served for the offense;
1-16 (B) is or has been a professional gambler; <or>
1-17 (C) is married to <or related in the first
1-18 degree of consanguinity or affinity to> an individual:
1-19 (i) described in Paragraph (A) or (B); or
1-20 (ii) who is currently delinquent in the
1-21 payment of any state tax;
1-22 (D) is an officer or employee of the commission
1-23 or a lottery operator; or
1-24 (E) is a spouse, child, brother, sister, or
2-1 parent residing as a member of the same household in the principal
2-2 place of residence of a person described by Paragraph (D);
2-3 (2) is not an individual, and an individual described
2-4 in Subdivision (1):
2-5 (A) is an officer or director of the applicant
2-6 or sales agent;
2-7 (B) holds more than 10 percent of the stock in
2-8 the applicant or sales agent;
2-9 (C) holds an equitable interest greater than 10
2-10 percent in the applicant or sales agent;
2-11 (D) is a creditor of the applicant or sales
2-12 agent who holds more than 10 percent of the applicant's or sales
2-13 agent's outstanding debt;
2-14 (E) is the owner or lessee of a business that
2-15 the applicant or sales agent conducts or through which the
2-16 applicant will conduct a ticket sales agency;
2-17 (F) shares or will share in the profits, other
2-18 than stock dividends, of the applicant or sales agent; or
2-19 (G) participates in managing the affairs of the
2-20 applicant or sales agent; <or>
2-21 <(H) is an employee of the applicant or sales
2-22 agent who is or will be involved in:>
2-23 <(i) selling tickets; or>
2-24 <(ii) handling money from the sale of
2-25 tickets;>
2-26 (3) is currently delinquent in the payment of any
2-27 state tax;
3-1 (4) is a person whose location for the sales agency
3-2 is:
3-3 (A) a racetrack at which wagering is authorized
3-4 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
3-5 Statutes);
3-6 (B) a location licensed for games of bingo under
3-7 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
3-8 Statutes);
3-9 (C) on land that is owned by:
3-10 (i) this state; or
3-11 (ii) a political subdivision of this state
3-12 and on which is located a public primary or secondary school, an
3-13 institution of higher education, or an agency of the state<, other
3-14 than land used as a mass transportation facility that is used by
3-15 commercial carriers>; or
3-16 (D) a location for which a person holds a wine
3-17 and beer retailer's permit, mixed beverage permit, mixed beverage
3-18 late hours permit, private club registration permit, or private
3-19 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
3-20 Alcoholic Beverage Code; or
3-21 (5) has violated this chapter or a rule adopted under
3-22 this chapter.
3-23 SECTION 2. (a) In addition to the changes in law made by
3-24 this Act relating to authorized locations for the sale of lottery
3-25 tickets, this Act conforms the Government Code provisions regarding
3-26 the disciplinary authority of the Texas Lottery Commission to the
3-27 changes in law made by Section 16 of Chapter 284, Acts of the 73rd
4-1 Legislature, Regular Session, 1993.
4-2 (b) Section 16, Chapter 284, Acts of the 73rd Legislature,
4-3 Regular Session, 1993, is repealed.
4-4 SECTION 3. This Act takes effect September 1, 1995.
4-5 SECTION 4. Section 466.155(a), Government Code, as amended
4-6 by this Act, applies only to the sale of a lottery ticket that
4-7 occurs on or after the effective date of this Act. The sale of a
4-8 lottery ticket that occurs before the effective date of this Act is
4-9 governed by the law in effect on the date of the sale, and the
4-10 former law is continued in effect for that purpose.
4-11 SECTION 5. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.