Amend CSHB 4 by striking Sections 466.015(c)(14)-(16),
Government Code (page 48, lines 47-58), and substituting:
"(14) the criteria to be used in evaluating bids for
contracts for lottery facilities, goods, and services; or
(15) any other matter necessary or desirable as
determined by the commission, to promote and ensure:
(A) the integrity, security, honesty, and
fairness of the operation and administration of the lottery; and
(B) the convenience of players and holders of
winning tickets."
END-AMENDMENT*
*AMEND-DISP;BILL:HB4;READING:2;NUM:F41;ACTION:Adopted*
The amendment was read and was adopted by a viva voce vote.
Senator Haywood offered the following amendment to the
bill:
Floor Amendment No. 36
*BEGIN-AMEND;BILL:HB4;READING:2;NUM:F36;TYPE:Amendment;AUTHOR:A1240*
Amend CSHB 4 by inserting the following appropriately
numbered sections in the bill and renumbering the subsequent
sections of the bill accordingly:
SECTION __. Section 466.002, Government Code, is amended to
read as follows:
Sec. 466.002. ]SDEFINITIONS . In this chapter:
(1) "Commission" means the Texas Lottery Commission.
(2) "Director" means the director of the division.
(3) "Division" means the lottery division established
by the commission under Chapter 467.
(4) "Executive director" means the executive director
of the commission.
(5) "Local government" means a county or a
municipality.
(6) "Lottery" means the procedures operated by the
state under this chapter through which prizes are awarded or
distributed by chance among persons who have paid, or
unconditionally agreed to pay, for a chance or other opportunity to
receive a prize.
(7) <(6)> "Lottery game" includes a lottery activity.
(8) <(7)> "Lottery operator" means a person selected
under Section 466.014(b) to operate a lottery.
(9) "Lottery revenue area" means:
(A) for a county, all the area of the county
except the area within the boundaries of a municipality; and
(B) for a municipality, the area within the
boundaries of the municipality, and does not include any area in
the municipality's extraterritorial jurisdiction.
(10) "Lottery subsidiary account" means an account
that facilitates the comptroller's collection of and accounting for
the lottery revenue of a local government that is maintained by the
comptroller as a subsidiary account of a treasury suspense account
used by the comptroller for collecting the sales and use tax of the
local government.
(11) <(8)> "Player" means a person who contributes any
part of the consideration for a ticket.
(12) <(9)> "Sales agent" or "sales agency" means a
person licensed under this chapter to sell tickets.
(13) <(10)> "Ticket" means any tangible evidence
issued to provide participation in a lottery game authorized by
this chapter.
SECTION __. Section 466.351, Government Code, is amended to
read as follows:
Sec. 466.351. ]SDELIVERY OF FUNDS . (a) Except as provided by
Subsection (d) and Section 466.3515, all revenue received from the
sale of tickets and all money credited to the state lottery account
from any other source shall be deposited in the state treasury
through approved state depositories on the settlement day or days
established by the director.
(b) <The director may require sales agents to establish
separate electronic funds transfer accounts for the purposes of
depositing money from ticket sales, making payments to the
division, and receiving payments from the division.> The
commission by rule shall establish the procedures for depositing
money from ticket sales into electronic funds transfer accounts, as
well as other procedures regarding the handling of money from
ticket sales. The director may require sales agents to establish
separate electronic funds transfer accounts for the purposes of:
(1) depositing gross revenue from ticket sales as
required by Section 466.3515;
(2) depositing other money from ticket sales;
(3) making payments to the division; or
(4) receiving payments from the division.
(c) The director may not permit a sales agent to make
payments to the division or a lottery operator in cash.
(d) The director may provide for a sales agent to retain
from the money received from the sale of tickets the amount of
prizes paid by the agent or the agent's commission, if any, and may
establish how often the agent will make settlement payments to the
treasury. Money retained by a sales agent does not reduce the money
received by a local government under Section 466.3515.
(e) The director may provide for a sales agent to pay
amounts received for the sale of tickets directly to an officer or
employee of the division for immediate deposit in the state
treasury.
SECTION __. Subchapter H, Chapter 466, Government Code, is
amended by adding Section 466.3515 to read as follows:
Sec. 466.3515. LOTTERY REVENUE AREA. (a) The director shall
collect from a sales agent for a local government five percent of
the money collected from the sale of tickets by an agency located
in the lottery revenue area of the local government if the local
government has taken the necessary actions under Section 140.008,
Local Government Code, to enable the local government to receive
the money.
(b) The director shall deposit the money collected by the
director for a local government as provided by this section with
the comptroller. The comptroller shall keep the deposits in trust
in a lottery subsidiary account.
(c) The comptroller shall establish a sales and use tax
treasury suspense account for a local government that receives
money from the lottery but that does not impose a sales and use
tax.
(d) The comptroller shall, at the end of the state's fiscal
biennium, transfer to a local government all funds from the local
government's lottery subsidiary account if:
(1) the amount in the local government's lottery
subsidiary account is $500 or more; and
(2) the surplus of funds in the state treasury as
determined by the comptroller is an amount equal to or greater than
twice the total amount payable to all local governments from
lottery subsidiary accounts.
(e) Except as provided by Subsection (f), the comptroller
shall keep in trust the deposits of a local government if the
amount in the account is less than $500 until the end of a state
fiscal biennium when the local government qualifies for a transfer
of funds as provided by Subsection (d).
(f) The comptroller shall transfer to the state lottery
account all funds from all lottery subsidiary accounts if the
surplus in the state treasury at the end of the state's fiscal
biennium is less than twice the total amount payable to all local
governments under this section.
(g) The director shall determine the lottery revenue area in
which each sales agency is located.
(h) A sales agent shall report to the director a change of
location of the sales agency or a change of boundaries of a local
government that may cause the sales agency to change its location
from the lottery revenue area of one local government to the
lottery revenue area of a different local government.
(i) A local government shall notify the director regarding a
boundary change of the local government that may cause the lottery
revenue area of any local government to change.
(j) The director may transfer to the state lottery account
any revenue from tickets sold in a lottery revenue area of a local
government during a period in which the local government fails to
comply with the requirements of this chapter or a commission rule.
(k) The commission shall adopt rules necessary for the
proper accounting and safeguarding of revenue transferred under
this section.
(l) The comptroller shall adopt rules necessary for the
proper accounting and safeguarding of revenue transferred under
this section.
SECTION __. Section 466.355(a), Government Code, is amended
to read as follows:
(a) The state lottery account is a special account in the
general revenue fund. The account consists of all revenue received
from the sale of tickets less the amount transferred to local
governments as provided by Section 466.3515, license and
application fees under this chapter, and all money credited to the
account from any other fund or source under law. Interest earned
by the state lottery account shall be deposited in the unobligated
portion of the general revenue fund.
SECTION __. Chapter 140, Local Government Code, is amended by
adding Section 140.008 to read as follows:
Sec. 140.008. LOTTERY REVENUE OF A LOCAL GOVERNMENT.
(a) Before a county or municipality may receive lottery revenue as
provided by Section 466.3515, Government Code, the commissioners
court of the county or the governing body of the municipality must:
(1) provide written notice to the lottery director to
collect and to the comptroller to deposit, by use of electronic
funds transfer, the amount of lottery revenue that the lottery
director determines to be appropriate into an account of the county
or municipality;
(2) establish an electronic funds transfer account
into which the comptroller may deposit the lottery revenue; and
(3) comply with any rule established by the Texas
Lottery Commission or the comptroller relating to the collection or
receipt of lottery revenue.
(b) A municipality may use lottery revenue provided under
Section 466.3515, Government Code, for any public purpose.
(c) A county may use lottery revenue provided under Section
466.3515, Government Code, for any public purpose for which the
general funds of the county may be used.
SECTION __. (a) The provisions of this Act relating to the
collection and distribution of lottery revenue to local governments
take effect September 1, 2001, and for purposes of transfer of
money by the comptroller from a lottery subsidiary account of the
treasury suspense account used by the comptroller for collecting
the sales and use tax for a local government, apply to a lottery
ticket that is purchased on or after January 1, 2002. Except as
otherwise provided by this Act, for the purposes of collecting and
distributing lottery revenue to local governments, a lottery ticket
that is purchased on or after September 1, 2001, and before January
1, 2002, is governed by the law as it existed immediately before
September 1, 2001, and that law is continued in effect for that
purpose.
(b) The Texas Lottery Commission shall establish rules
relating to the collection and distribution of lottery revenue to
local governments, as required by this Act, not later than November
1, 2001.
(c) The comptroller shall adopt rules regarding the
distribution of lottery revenue to local governments, as required
by this Act, not later than November 1, 2001.