75R12114 MWV-D                           

         By Burnam, Keffer, Olivo, Seaman                      H.B. No. 2676

         Substitute the following for H.B. No. 2676:

         By Wilson                                         C.S.H.B. No. 2676

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to lottery advertisements and promotions.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 466.110, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 466.110.  [PROHIBITED] ADVERTISEMENTS.  (a)  The

 1-7     legislature intends that advertisements or promotions sponsored by

 1-8     the commission or the division for the lottery:

 1-9                 (1)  not be of a nature that unduly influences any

1-10     person to purchase a lottery ticket or number; and

1-11                 (2)  include the toll-free "800" telephone number

1-12     established by the Texas Commission on Alcohol and Drug Abuse under

1-13     Section 461.018, Health and Safety Code, in the manner described by

1-14     this section for the form of the advertisement or promotion.

1-15           (b)  Subsection (a)(2) does not apply to an advertisement or

1-16     promotion at a sporting or athletic event or to a button, pin, or

1-17     other premium merchandise.

1-18           (c)  The commission shall include in a televised or radio

1-19     broadcast advertisement or promotion of 30 seconds or more the

1-20     toll-free "800" telephone number as required by Subsection (a)(2)

1-21     in a clear and conspicuous manner and for an adequate period.

1-22           (d)  The commission shall include in a printed advertisement

1-23     or promotion, excluding a billboard or other sign, the toll-free

1-24     "800" telephone number as required by Subsection (a)(2) in a clear

 2-1     and conspicuous manner.

 2-2           (e)  The commission shall require televising, in a clear and

 2-3     conspicuous manner, the toll-free "800" number established by the

 2-4     Texas Commission on Alcohol and Drug Abuse under Section 461.018,

 2-5     Health and Safety Code, as a term of a contract to televise the

 2-6     drawing or selection of a winning ticket.

 2-7           (f)  This section does not apply to a promotion or other

 2-8     communication between the commission or the division and a sales

 2-9     agent.

2-10           SECTION 2.  (a) This Act takes effect September 1, 1997.

2-11           (b)  Section 466.110(d), Government Code, as added by this

2-12     Act, applies only to an advertisement or promotion contracted for

2-13     or printed on or after the effective date of this Act.  An

2-14     advertisement or promotion contracted for or printed before the

2-15     effective date of this Act is governed by the law in effect before

2-16     September 1, 1997, and that law is continued in effect for that

2-17     purpose.

2-18           SECTION 3.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.