NDT C.S.H.B. 3370 75(R) BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
C.S.H.B. 3370
By: Junell
4-15-97
Committee Report (Substituted)



BACKGROUND 

When the State Lottery Act was adopted by the 73rd Legislature, it
contained provisions restricting gifts and political contributions to
employees of the Lottery.  At the time the Act was adopted, the Lottery
was a division of the Comptroller's Office and those provisions applied
only to employees of the Lottery Division.  In 1993, the 74th Legislature
moved the Lottery from the Comptroller's Office and created the Texas
Lottery Commission, a free standing state agency.  The provisions
restricting gifts and political contributions to employees, however, were
not included in Chapter 467, Government Code, which created the
Commission.  These provisions were contained in Chapter 466, Government
Code, which only applied to employees of the Lottery Division of the
Commission. 

PURPOSE

H.B. 3370 would move the restrictions on gifts and political contributions
to division employees from Chapter 466, government Code, to Chapter 467,
Government Code, making these restrictions apply to all employees of the
Commission. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Section 467.001, government Code, by adding definitions
for:  "communicate directly with," "executive director," "gift,"
"legislation," " member of the legislative branch," "participated,"
"particular matter," " person that has a significant financial interest in
the lottery," "political committee" and "political contribution."  the
definition of "gift" is revised to allow, for example, a dominus gift or a
gift from an employee's relative. 

SECTION 2:  Amends Chapter 467, government code, by adding Section
467.106, Government Code, which identifies who a commission member, the
executive director, or a commission employee may accept a gift or
political contribution from.  This section also identifies who may not
take a gift or political contribution to a commission member, the
executive director or a commission employee. 

SECTION 3:  Amends Chapter 467, Government Code, by adding Section 467,
Government Code, which identifies from whom a former commission member,
former executive director or a former commission employee may not accept a
gift or political contribution from before the second anniversary of the
date their service or employment with the commissions ceased.  This
section also identifies who can not make a gift or political contribution
to a former commission member, former executive director or a former
commission employee. 

SECTION 4:  Amends Chapter 467, Government Code, by adding Section
467.108, Government Code, which limits who a former commission member,
former executive director or former director can represent. 

SECTION 5:  Repeals Section 466.301, 466.314, 466.315 and 466.316,
Government Code. 

SECTION 6:  Effective date.  September 1, 1997

SECTION 7:  Emergency clause.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1: Subsection (4), removed duplicate definition of "Executive
Director."  Subsection (9)(B), identified the services an employee is
prohibited from taking part in by adding "supplies, services, or
advertising" to the end of the subsection.  Made conforming changes. 

SECTION 2:  Removed the words "Present or Former" from the section title.
In Section 467.106(b)(5), replaced the word "exceeding" with "preceding."

SECTION 3:  In section 467.107(a) replaced the reference to a "division"
to "commission" and in subsection (b)(5), replaced the word "exceeding"
with "preceding." 

SECTION 4:  In subsection (a)(2), changed the word "division" to
"commission."