1-1 By: Goolsby (Senate Sponsor - Montford) H.B. No. 3031
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on State
1-4 Affairs; May 22, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; May 22, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Leedom
1-7 Amend H.B. No. 3031 in SECTION 1 by adding a new Paragraph (E) to
1-8 Sec. 466.155a(4), Government Code, to read as follows:
1-9 (E) on the premises of Fair Park located within
1-10 the City of Dallas, Texas; or
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to authorized locations for the sale of lottery tickets.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 466.155(a), Government Code, is amended
1-16 to read as follows:
1-17 (a) After a hearing, the director shall deny an application
1-18 for a license or the commission <comptroller> shall suspend or
1-19 revoke a license if the director or commission <comptroller>, as
1-20 applicable, finds that the applicant or sales agent:
1-21 (1) is an individual who:
1-22 (A) has been convicted of a felony, criminal
1-23 fraud, gambling or a gambling-related offense, or a misdemeanor
1-24 involving moral turpitude, if less than 10 years has elapsed since
1-25 the termination of the sentence, parole, mandatory supervision, or
1-26 probation served for the offense;
1-27 (B) is or has been a professional gambler; <or>
1-28 (C) is married to <or related in the first
1-29 degree of consanguinity or affinity to> an individual:
1-30 (i) described in Paragraph (A) or (B); or
1-31 (ii) who is currently delinquent in the
1-32 payment of any state tax;
1-33 (D) is an officer or employee of the commission
1-34 or a lottery operator; or
1-35 (E) is a spouse, child, brother, sister, or
1-36 parent residing as a member of the same household in the principal
1-37 place of residence of a person described by Paragraph (D);
1-38 (2) is not an individual, and an individual described
1-39 in Subdivision (1):
1-40 (A) is an officer or director of the applicant
1-41 or sales agent;
1-42 (B) holds more than 10 percent of the stock in
1-43 the applicant or sales agent;
1-44 (C) holds an equitable interest greater than 10
1-45 percent in the applicant or sales agent;
1-46 (D) is a creditor of the applicant or sales
1-47 agent who holds more than 10 percent of the applicant's or sales
1-48 agent's outstanding debt;
1-49 (E) is the owner or lessee of a business that
1-50 the applicant or sales agent conducts or through which the
1-51 applicant will conduct a ticket sales agency;
1-52 (F) shares or will share in the profits, other
1-53 than stock dividends, of the applicant or sales agent; or
1-54 (G) participates in managing the affairs of the
1-55 applicant or sales agent; <or>
1-56 <(H) is an employee of the applicant or sales
1-57 agent who is or will be involved in:>
1-58 <(i) selling tickets; or>
1-59 <(ii) handling money from the sale of
1-60 tickets;>
1-61 (3) is currently delinquent in the payment of any
1-62 state tax;
1-63 (4) is a person whose location for the sales agency
1-64 is:
1-65 (A) a racetrack at which wagering is authorized
1-66 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
1-67 Statutes);
1-68 (B) a location licensed for games of bingo under
2-1 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
2-2 Statutes);
2-3 (C) on land that is owned by:
2-4 (i) this state; or
2-5 (ii) a political subdivision of this state
2-6 and on which is located a public primary or secondary school, an
2-7 institution of higher education, or an agency of the state<, other
2-8 than land used as a mass transportation facility that is used by
2-9 commercial carriers>; or
2-10 (D) a location for which a person holds a wine
2-11 and beer retailer's permit, mixed beverage permit, mixed beverage
2-12 late hours permit, private club registration permit, or private
2-13 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
2-14 Alcoholic Beverage Code; or
2-15 (5) has violated this chapter or a rule adopted under
2-16 this chapter.
2-17 SECTION 2. (a) In addition to the changes in law made by
2-18 this Act relating to authorized locations for the sale of lottery
2-19 tickets, this Act conforms the Government Code provisions regarding
2-20 the disciplinary authority of the Texas Lottery Commission to the
2-21 changes in law made by Section 16 of Chapter 284, Acts of the 73rd
2-22 Legislature, Regular Session, 1993.
2-23 (b) Section 16, Chapter 284, Acts of the 73rd Legislature,
2-24 Regular Session, 1993, is repealed.
2-25 SECTION 3. This Act takes effect September 1, 1995.
2-26 SECTION 4. Section 466.155(a), Government Code, as amended
2-27 by this Act, applies only to the sale of a lottery ticket that
2-28 occurs on or after the effective date of this Act. The sale of a
2-29 lottery ticket that occurs before the effective date of this Act is
2-30 governed by the law in effect on the date of the sale, and the
2-31 former law is continued in effect for that purpose.
2-32 SECTION 5. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *