Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Dunnam                                       H.B. No. 3034

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the reimbursement to municipalities of certain lottery

 1-3     revenue.

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

 1-5           SECTION 1.  Section 466.004(a), Government Code, is amended

 1-6     to read as follows:

 1-7           (a)  Except as provided by Section 466.3515, a [A] political

 1-8     subdivision of this state may not impose:

 1-9                 (1)  a tax on the sale of a ticket;

1-10                 (2)  a tax on the payment of a prize under this

1-11     chapter; or

1-12                 (3)  an ad valorem tax on tickets.

1-13           SECTION 2.  Section 466.351, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 466.351.  Delivery of Funds.  (a)  Except as provided by

1-16     Subsection (d) and Section 466.3515, all revenue received from the

1-17     sale of tickets and all money credited to the state lottery account

1-18     from any other source shall be deposited in the state treasury

1-19     through approved state depositories on the settlement day or days

1-20     established by the director.

1-21           (b)  [The director may require sales agents to establish

1-22     separate electronic funds transfer accounts for the purposes of

1-23     depositing money from ticket sales, making payments to the

1-24     division, and receiving payments from the division.]  The

 2-1     commission by rule shall establish the procedures for depositing

 2-2     money from ticket sales into electronic funds transfer accounts, as

 2-3     well as other procedures regarding the handling of money from

 2-4     ticket sales.  The director may require sales agents to establish

 2-5     separate electronic funds transfer accounts for the purposes of:

 2-6                 (1)  depositing gross revenue from ticket sales as

 2-7     required by Section 466.3515;

 2-8                 (2)  depositing other money from ticket sales;

 2-9                 (3)  making payments to the division; and

2-10                 (4)  receiving payments from the division.

2-11           (c)  The director may not permit a sales agent to make

2-12     payments to the division or a lottery operator in cash.

2-13           (d)  The director may provide for a sales agent to retain

2-14     from the money received from the sale of tickets the amount of

2-15     prizes paid by the agent or the agent's commission, if any, and may

2-16     establish how often the agent will make settlement payments to the

2-17     treasury.  Money retained by a sales agent does not reduce the

2-18     money received by a municipality under Section 466.3515.

2-19           (e)  The director may provide for a sales agent to pay

2-20     amounts received for the sale of tickets directly to an officer or

2-21     employee of the division for immediate deposit in the state

2-22     treasury.

2-23           SECTION 3.  Subchapter H, Chapter 466, Government Code, is

2-24     amended by adding Sections 466.3515 and 466.3516 to read as

2-25     follows:

2-26           Sec. 466.3515.  MUNICIPAL LOTTERY REVENUE.  (a)  The director

2-27     shall transfer to a municipality an amount equal to the sum of the

2-28     rates of sales tax imposed by the municipality under Section

2-29     321.103, Tax Code, multiplied by the amount collected from the sale

2-30     of tickets by an agency located in the municipality if the

 3-1     municipality has taken the necessary actions under Section 466.3516

 3-2     to enable the municipality to receive the money.

 3-3           (b)  The director shall determine the municipality in which

 3-4     each sales agency is located.

 3-5           (c)  A sales agent shall report to the director a change of

 3-6     location of the sales agency.

 3-7           (d)  A municipality shall notify the director regarding a

 3-8     boundary change of the municipality.

 3-9           (e)  The director may transfer to the state lottery account

3-10     any revenue from tickets sold in a municipality during a period in

3-11     which the municipality fails to comply with the requirements of

3-12     this chapter or a commission rule.

3-13           (f)  The commission shall adopt rules necessary for the

3-14     proper accounting and safeguarding of revenue transferred under

3-15     this section.

3-16           Sec. 466.3516.  LOTTERY REVENUE OF A MUNICIPALITY.  (a)

3-17     Before a municipality may receive lottery revenue as provided by

3-18     Section 466.3515, the governing body of the municipality must:

3-19                 (1)  provide written notice to the lottery director to

3-20     deposit, by use of electronic funds transfer, the appropriate

3-21     amount of lottery revenue into an account of the municipality;

3-22                 (2)  establish an electronic funds transfer account

3-23     into which the lottery director may deposit the lottery revenue;

3-24     and

3-25                 (3)  comply with any rule established by the Texas

3-26     Lottery Commission relating to the collection or receipt of lottery

3-27     revenue.

3-28           (b)  A municipality may use lottery revenue provided under

3-29     Section 466.3515 for any public purpose.

3-30           SECTION 4.  Section 466.355, Government Code, is amended to

 4-1     read as follows:

 4-2           Sec. 466.355.  STATE LOTTERY ACCOUNT.  (a)  The state lottery

 4-3     account is a special account in the general revenue fund.  The

 4-4     account consists of all revenue received from the sale of tickets

 4-5     less the amount transferred to a municipality as provided by

 4-6     Section 466.3515, license and application fees under this chapter,

 4-7     and all money credited to the account from any other fund or source

 4-8     under law.  Interest earned by the state lottery account shall be

 4-9     deposited in the unobligated portion of the general revenue fund.

4-10           (b)  Money in the state lottery account may be used only for

4-11     the following purposes and shall be distributed as follows:

4-12                 (1)  the payment of prizes to the holders of winning

4-13     tickets;

4-14                 (2)  the payment of costs incurred in the operation and

4-15     administration of the lottery, including any fees received by a

4-16     lottery operator, provided that the costs incurred in a fiscal

4-17     biennium may not exceed an amount equal to 15 percent of the gross

4-18     revenue accruing from the sale of tickets in that biennium less the

4-19     total amount transferred in that biennium to the municipalities of

4-20     this state under Section 466.3515;

4-21                 (3)  the establishment of a pooled bond fund, lottery

4-22     prize reserve fund, unclaimed prize fund, and prize payment

4-23     account; and

4-24                 (4)  the balance, after creation of a reserve

4-25     sufficient to pay the amounts needed or estimated to be needed

4-26     under Subdivisions (1) through (3), to be transferred to the

4-27     unobligated portion of the general revenue fund, on or before the

4-28     15th day of each month.

4-29           SECTION 5.  (a) This Act takes effect September 1, 1997, and

4-30     applies to a lottery ticket that is purchased on or after January

 5-1     1, 1998.  A lottery ticket that is purchased on or after September

 5-2     1, 1997, and before January 1, 1998, is governed by the law as it

 5-3     existed immediately before September 1, 1997, and that law is

 5-4     continued in effect for that purpose.

 5-5           (b)  The Texas Lottery Commission shall establish rules

 5-6     relating to the collection and distribution of lottery revenue to a

 5-7     municipality, as required by this Act, not later than November 1,

 5-8     1997.

 5-9           SECTION 6.  The importance of this legislation and the

5-10     crowded condition of the calendars in both houses create an

5-11     emergency and an imperative public necessity that the

5-12     constitutional rule requiring bills to be read on three several

5-13     days in each house be suspended, and this rule is hereby suspended.