SRC-JRN H.B. 159 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 159
By: Driver (Patterson)
State Affairs
5-16-97
Engrossed


DIGEST 

Currently, the director of the state lottery is required to deduct funds
from lottery prize winnings to pay certain delinquent debts.  People who
receive state financial assistance or nutritional assistance under
Chapters 31 and 33, Human Resources Code, are not required to pay back to
the state assistance received.  This bill requires a recipient of state
financial or nutritional assistance under Chapters 31 or 33, Human
Resources Code, to pay the money back to the state, if the person wins a
large lottery prize. 

PURPOSE

As proposed, H.B. 159 requires a recipient of state financial or
nutritional assistance under Chapters 31 or 33, Human Resources Code, to
pay the money back to the state, if the person wins a large lottery prize. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 466.406(a), Government Code, to provide that the
right of any person to a prize is not assignable, except as otherwise
provided by this chapter, rather than section. 

SECTION 2. Amends Chapter 466I, Government Code, by adding Section
466.4077, as follows: 

Sec. 466.4077.  ASSIGNMENT OF RIGHT TO LOTTERY PRIZE.  Provides that the
receipt of benefits under Chapter 31 or 33, Human Resources Code,
constitutes an assignment to the general revenue fund of any rights to a
lottery prize in the amount of $600 or more that the recipient may have in
the recipient's behalf or for a child for whom the recipient is claiming
assistance in the aggregated amount of the assistance provided to the
recipient or to a child of the recipient.  Provides that the assignment
under this section is valid only for the award of a lottery prize that is
won not more than 60 days after the date the recipient or a child of the
recipient receives any benefits under Chapter 31 or 33, Human Resources
Code.  Requires the director of the state lottery (director) to deduct the
amount of the assignment under this section from the winnings of a person,
after deducting an amount payable under Section 466.407.  Requires the
director to pay the balance of a person's winnings to the person, if the
winnings exceed a deduction under Subsection (c).  Requires the Texas
Department of Human Services to provide the director with information
necessary for the deduction of the amount of an assignment made under this
section. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.