75R10197 MWV-D
By Driver, Crabb, Oliveira H.B. No. 159
Substitute the following for H.B. No. 159:
By Wohlgemuth C.S.H.B. No. 159
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assignments by certain recipients of state assistance
1-3 of lottery prizes to the state and collection of those assignments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 466.406(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) Except as otherwise provided by this chapter [section],
1-8 the right of any person to a prize is not assignable.
1-9 SECTION 2. Subchapter I, Chapter 466, Government Code, is
1-10 amended by adding Section 466.4077 to read as follows:
1-11 Sec. 466.4077. ASSIGNMENT OF RIGHT TO LOTTERY PRIZE.
1-12 (a) The receipt of benefits under Chapter 31 or 33, Human
1-13 Resources Code, constitutes an assignment to the general revenue
1-14 fund of any rights to a lottery prize in the amount of $600 or more
1-15 that the recipient may have in the recipient's behalf or for a
1-16 child for whom the recipient is claiming assistance in the
1-17 aggregated amount of the assistance provided to the recipient or to
1-18 a child of the recipient.
1-19 (b) The assignment under this section is valid only for the
1-20 award of a lottery prize that is won not more than 60 days after
1-21 the date the recipient or a child of the recipient receives any
1-22 benefits under Chapter 31 or 33, Human Resources Code.
1-23 (c) After deducting an amount payable under Section 466.407,
1-24 the director shall deduct the amount of the assignment under this
2-1 section from the winnings of a person.
2-2 (d) If a person's winnings exceed a deduction under
2-3 Subsection (c), the director shall pay the balance to the person.
2-4 (e) The Texas Department of Human Services shall provide the
2-5 director with information necessary for the deduction of the amount
2-6 of an assignment made under this section.
2-7 SECTION 3. This Act takes effect September 1, 1997, and
2-8 applies to assistance provided under Chapter 31 or 33, Human
2-9 Resources Code, and lottery prizes won on or after that date.
2-10 Assistance provided under Chapter 31 or 33, Human Resources Code,
2-11 and lottery prizes won before the effective date of this Act are
2-12 governed by the law in effect on the date assistance was provided
2-13 or lottery prizes won, and the former law is continued in effect
2-14 for that purpose.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.