By Yarbrough                                    H.B. No. 2207

      75R4044 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring certain persons providing services to lottery

 1-3     sales agent license applicants to post a surety bond.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 466, Government Code, is

 1-6     amended by adding Section 466.161 to read as follows:

 1-7           Sec. 466.161.  BOND REQUIREMENTS FOR PROVIDING APPLICATION

 1-8     SERVICES.  (a)  This section applies to a person who routinely

 1-9     offers the person's services for compensation to a license

1-10     applicant for the purpose of assisting the applicant in obtaining a

1-11     sales agent license under this chapter.

1-12           (b)  This section does not apply to an attorney licensed in

1-13     this state who provides as an incidental service a service

1-14     described by Subsection (a) if the attorney does not have a

1-15     financial interest in any entity that routinely provides a service

1-16     described by Subsection (a).

1-17           (c)  A person subject to this section shall file a surety

1-18     bond with the commission in the amount of $50,000.

1-19           (d)  A surety bond required under this section must contain

1-20     on its face statements that:

1-21                 (1)  the person for whom it is issued will not

1-22     recklessly, knowingly, or intentionally file false information with

1-23     the commission; and

1-24                 (2)  the amount of the bond will be paid to the state

 2-1     on a finding by the commission that the person for whom it is

 2-2     issued recklessly, knowingly, or intentionally filed false

 2-3     information with the commission.

 2-4           (e)  The commission by rule shall establish requirements

 2-5     relating to the:

 2-6                 (1)  form of the surety bond;

 2-7                 (2)  qualification of the surety;

 2-8                 (3)  method for filing and obtaining approval of the

 2-9     bond by the commission; and

2-10                 (4)  release and discharge of the bond.

2-11           (f)  A person subject to this section shall submit a form

2-12     identifying the person and license applicant to the commission for

2-13     each applicant to which the person provides services.  The

2-14     commission by rule shall prescribe the form  to be used under this

2-15     subsection.

2-16           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-17           (b)  The change in law made by this Act applies only to a

2-18     person described by Section 466.161, Government Code, as added by

2-19     this Act, who provides application filing assistance to an

2-20     applicant on or after the effective date of this Act.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.