NDT C.S.H.B. 3081 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
C.S.H.B. 3081
By: Dunnam
4-28-97
Committee Report (Substituted)



BACKGROUND 

Retailers, or "sales agents", who sell lottery tickets in Texas receive
compensation per ticket sold at their store.  Additionally, sales agents
who sell various winning Lotto tickets, currently receive a  "bonus."  The
bonus is based on the total prize amount of the winning ticket sold.
Currently delinquent taxes and other moneys, such as delinquent child
support and student loans, are deducted from a person's lottery winnings.
However, other than sales taxes due, there is not a similar requirement
that such delinquent monies be deducted from the compensation paid sales
agents for selling lottery tickets.  In addition, the Texas Workforce
Commission needs to be added as an agency required to report to the
Lottery Commission on delinquencies owed to the State. 

PURPOSE

The purpose of this legislation is to provide a method for delinquent
taxes and other moneys due the State of Texas to be deducted from the
compensation paid to a lottery sales agent.  In addition, the amendment
adds the Texas Workforce Commission as an agency required to report to the
Lottery Commission on delinquencies owed the State. 

RULEMAKING AUTHORITY

This bill will grant additional rulemaking authority to the Texas Lottery
Commission in SECTION 1 of the bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section  466.358 of the Government Code by adding
Subsections (c) through (e).  These new sections will give the Texas
Lottery Commission the authority to deduct delinquent monies owed to the
State of Texas by way of compensation to lottery sales agents. The state
agencies that are eligible to have monies deducted are the Texas Alcoholic
Beverage Commission,  the Texas Comptroller, the Texas Attorney General's
Office, Texas Higher Education Coordinating Board, and the Texas
Guaranteed Student Loan Corporation. 
  
SECTION 2. Amends Section 466.407(a) and (c) of the Government Code to add
the Texas Workforce Commission to the list of agencies required to report
to the Lottery Commission persons and sales agents who are delinquent in
payments owed to the State and requires the Lottery Commission to deduct
the delinquencies from the lottery winnings of a lottery winner and the
compensation paid to a sales agent under Section 466.358 of the Government
Code. 

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The Committee Substitute for H.B. 3081 removes the Crime Victims
Compensation fund from the original list of agencies who would be eligible
to collect any outstanding monies owed to the State of Texas.  The reason
for this section's removable is do to the fact that there is no
centralized mechanism for collecting these monies, since counties are
responsible for such collections and data .